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

Home , Equal Pay Act of 1963

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, TUESDAY, APRIL 8, 2014 No. 57 Senate The Senate met at 10 a.m. and was SCHEDULE Consider this just for a brief moment: called to order by the President pro Mr. REID. Mr. President, following For a woman to make the same salary tempore (Mr. LEAHY). my remarks and those of the Repub- as a man in 1 year for doing similar lican leader, the Senate will be in work in America, she must work not PRAYER morning business until 12:30 p.m., with only that year but also an additional 3 The Chaplain, Dr. Barry C. Black, of- the time equally divided and con- months and 8 days. That is why today, fered the following prayer: trolled. The Senate will recess from April 8, the eighth day of the fourth Let us pray. 12:30 p.m. to 2:15 p.m. for our weekly month, is Equal Pay Day. It represents Eternal God, today make our law- caucus meetings, as we always do on the extra work American women have makers instruments of Your grace and Tuesdays. to put forth to provide for their fami- goodness. Teach them how to be pa- MEASURE PLACED ON THE CALENDAR—H.R. 2575 lies. This is an injustice and should not tient with themselves and each other. Mr. President, I understand that H.R. be permitted to take place in America. Forgive them when they permit impa- 2575 is at the desk and due for a second While President Obama and Democrats tience to lead them astray, preventing reading. have made significant progress toward them from seeing the wonder and maj- The PRESIDING OFFICER (Mr. helping women achieve equal pay, esty of Your purpose for our Nation BOOKER). The clerk will read the bill by there is still much for us to do. Five years ago the very first law and world. Lord, renew in them the joy title for the second time. President Obama ever signed, the first of belonging to You as they yield their The bill clerk read as follows: act he performed in the Oval Office, hearts to You in trust and love. May no A bill (H.R. 2575) to amend the Internal Revenue Code of 1986 to repeal the 30-hour was to sign the Lilly Ledbetter Fair duty be left undone and no construc- threshold for classification of a full-time em- Pay Act. Remember, this is the legislative words be left unsaid. ployee for purposes of the employer mandate tion based on the good woman who We pray in Your holy Name. Amen. in the Patient Protection and Affordable found out—after having worked at this f Care Act and replace it with 40 hours. place for so many years, having addi- PLEDGE OF ALLEGIANCE Mr. REID. I object to any further tional responsibilities than all the proceedings at this time. men—they were all getting paid much The President pro tempore led the The PRESIDING OFFICER. Objec- more than she. She was the boss get- Pledge of Allegiance, as follows: tion having been heard, the bill will be ting paid less than the people who I pledge allegiance to the Flag of the placed on the calendar. worked for her. Why? Because she is a United States of America, and to the Repub- EQUAL PAY DAY woman. lic for which it stands, one nation under God, Mr. REID. Mr. President, Ralph indivisible, with liberty and justice for all. The Lilly Ledbetter legislation is the Waldo Emerson said this: ‘‘America is biggest step Congress has taken on be- f another name for opportunity.’’ half of women to help them with their RECOGNITION OF THE MAJORITY ‘‘America is another name for oppor- wages since the Equal Pay Act of 1963. LEADER tunity.’’ The bill provides that the statute of Today this body, the Senate, should The PRESIDENT pro tempore. The limitations doesn’t begin to run until put Emerson’s words to the test as we majority leader is recognized. someone finds out they are being turn attention to the question of equal cheated by their employer. The legisla- f pay. For working American women, tion helped address the pay gap, but PAYCHECK FAIRNESS ACT— millions of whom are primary wage women still suffer from discriminatory MOTION TO PROCEED earners for their families, the Pay- wage disparity. Mr. REID. Mr. President, I now move check Fairness Act represents a unique The Paycheck Fairness Act goes a to proceed to Calendar No. 345, S. 2199, opportunity, a chance to better provide step further by providing protections the Paycheck Fairness Act. for themselves and their families. for women in the workplace. This legis- It is unconscionable that American The PRESIDENT pro tempore. The lation addresses unequal wages by em- women currently take home an average clerk will report the motion. powering women to negotiate for equal of 77 cents for every dollar their male The bill clerk read as follows: pay and giving employers incentives to colleagues earn for doing the exact obey current law. Motion to proceed to Calendar No. 345, S. same work. Wage disparity is true re- 2199, a bill to amend the Fair Labor Stand- I was happy to hear all the news ac- ards Act of 1938 to provide more effective gardless of whether a woman has a col- counts that I was able to be briefed remedies to victims of discrimination in the lege degree, what job she holds or how on—along with those I listened to on payment of wages on the basis of sex, and for many hours she spends at the office or public radio while I was doing my exer- other purposes. factory or wherever it might be. cises—the detailed accounts about how

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

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VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2204 CONGRESSIONAL RECORD — SENATE April 8, 2014 women are not treated fairly. The leg- my State will undoubtedly reclaim it vative ways to generate the kind of islation we are working on enables next year. stable, well-paying jobs that Ameri- women to fight against wage discrimi- JOB CREATION SOLUTIONS cans actually want. We also know we nation while also preventing retalia- Mr. President, America’s middle can get more done as a country if both tion against employees who discuss sal- class is struggling. They need serious parties can work together to see these ary information. Before Lilly job creation solutions, but that is not policies through and leave behind the Ledbetter and even today if you discuss what they have been getting from the sterile campaign theatrics that have what someone else makes you can be President. He seems more intent on been on daily display in the Senate fired. That is the way it is in most staging campaign-style rallies to be- under the Democratic majority. places in America. It would finally give moan an economy he has been pre- I am asking our Democratic col- much needed assistance to victims of siding over for the last 51⁄2 years, not to leagues to consider dropping all the gender-based pay discrimination. offer solutions but more to do what he show votes, the blame deflecting, and Simply put, the Paycheck Fairness does best, which is to shift the blame the perpetual campaigning. What I am Act gives American women the fair to others. asking is for them to consider shifting shot they deserve. Unfortunately, ef- Meanwhile, yesterday in the Senate from policies that don’t work—in other forts to address this issue have not Republicans were hoping the majority words, what they have been trying for been well received by Republicans. A leader would finally work with us to the last 51⁄2 years—to ones that will. similar bill addressing equal pay—de- pass a job creation package that con- Every Senator was sent here to get spite a Republican filibuster—passed tains ideas from many of our Mem- things done for our constituents, and Congress and the Congress before that. bers—legislation with provisions sev- we can. We can pass a positive jobs Let’s hope the third time is a charm eral key Democrats support as well— agenda for the American people. All we for American women. Let’s hope Re- but that is not what the majority lead- need is for Washington Democrats to publicans will finally do what is right. er chose to do. Instead of focusing on work with us for a change. In any other circumstance Repub- jobs, he launched into another con- I have one other item. This morning licans would be up in arms with this fusing attack on the left’s latest bi- IRS Commissioner Koskin will testify type of economic discrimination—I zarre obsession. before the Finance Committee. I am would hope. They should be up in arms Think about that. The percentage of sure Members will be reminding him of in terms of equal pay for women also. Americans in the workforce is almost this, and I know several sent a letter Why is it that so many Republicans are at a four-decade low, and Democrats yesterday too. But I would like to un- content to allow women working the chose to ignore serious job creation derline the point. Commissioner same hours in the same job to make ideas so they could blow a few kisses to Koskin led Congress to believe that his less money than their male coworkers? their powerful pals on the left. agency will not be imposing anti-free It is hard to comprehend, since women At a time when so many Americans speech rules before this November’s make up nearly half the U.S. labor are desperate—desperate for a good job, election. It is a point he basically reit- force and more than half of the people at a time of fewer opportunities, people erated again just the other day, so Con- enrolled in college. We are finding that are hurting, college graduates cannot gress plans to hold him to what he has the majority of students enrolled in find a job, working families cannot af- been leading the American people to professional schools, law schools, med- ford to pay their bills—what Americans believe. ical schools are women. Is it reasonable need right now are real job creation so- Honestly, what he really needs to do to assume that women should be treat- lutions, not some tone-deaf, blame-de- is to stop the IRS from stepping on the ed unfairly? Is it reasonable to assume flection rally or some daily bout of First Amendment all together. He that Republicans in this body have shadow boxing on the Senate floor. needs to stop this proposed regulation wives, daughters or sisters who are or Some say this is all embarrassing, just as the Secretary of the Treasury will be affected by this wage disparity but there is one positive side to the told us he could do if he wanted. In and shouldn’t we do something about Washington Democrats’ never-ending fact, the House of Representatives reit? political road show. It throws the di- cently voted to halt it too. I urge my colleagues to keep those vide between the two parties into stark Remember, tens of thousands of loved ones—people such as my daugh- relief. On the one side we have a Wash- Americans made their opinions known ter and my many granddaughters—in ington Democratic Party that simply directly to the IRS about this regula- their minds and in their thoughts when has run out of ideas. When it comes to tion. It was an unprecedented response considering the question of equal pay fixing the economy, they have tried and nearly all of the comments were for women. We will have the first vote just about everything their ideology opposed. The comments came from the day after tomorrow. We will have will allow: taxing, regulating, spend- straight across the political spectrum. this vote. To do otherwise would sim- ing, stimulating, you name it, and Commissioner Koskin needs to live ply be unfair. none of it has worked. So at this point up to what we told the Senate when we RECOGNITION OF THE MINORITY LEADER they have basically dropped any pre- confirmed him when he led us to be- The PRESIDING OFFICER. The Re- tense of doing anything serious on the lieve he would be an independent voice publican leader is recognized. economy. That is why we heard them for reform. As I said before, Commis- NCAA CHAMPIONSHIP KUDOS essentially admit that their governing sioner Koskin has a choice. He can be a Mr. MCCONNELL. Mr. President, I agenda is actually a political document hero—like the IRS commissioner who wish to take a minute to congratulate drafted by campaign staff, that the stood up to President Nixon—or he can the Kentucky Wildcats for an extraor- proposals it contains are basically just be another pawn of this administra- dinary season. My home State has held show votes designed specifically not to tion. Both Congress and the American on to the NCAA national championship pass. So that is one side of American people expect him to make the right trophy for the past 2 years, with the politics: a party that is out of ideas, decision. Louisville Cardinals claiming it last campaign-obsessed, and utterly be- f year and the Kentucky Wildcats win- holden to the far left. ning it in 2012. John Calipari’s young On the other side we have a Repub- RESERVATION OF LEADER TIME Wildcats started five freshmen who lican Party that is committed to get- The PRESIDING OFFICER. Under played like seasoned veterans and ting our economy working for the mid- the previous order, the leadership time made an incredible run that captivated dle class. We believe in the power of is reserved. both our State and the Nation. ideas, and we know that with the right f While the Commonwealth will now forward-looking policies we can and relinquish the trophy to Connecticut, I will break through the stagnation of MORNING BUSINESS only ask that my colleagues, Senator the Obama economy. The Republicans’ The PRESIDING OFFICER. Under MURPHY and Senator BLUMENTHAL, see focus is on offering more opportunity the previous order, the Senate will be to it that the trophy remains in pris- to the middle class and those who as- in a period of morning business until tine condition—pristine condition—as pire to it. Our focus is on offering inno- 12:30 p.m., with Senators permitted to

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 8, 2014 CONGRESSIONAL RECORD — SENATE S2205 speak therein for up to 10 minutes an opportunity for equal pay for equal stark relief. He is right. He went on to each, with the time equally divided and work. What we have before us today— say: We should drop any pretense of controlled between the two leaders or this Paycheck Fairness Act—is an ef- doing anything serious in this Chamber their designees. fort to make sure that law is strong if this is what we are going to discuss. The Senator from Illinois. and helps women across America. How serious is equal pay for equal f No. 1, it says that women cannot be work to working people across Amer- discriminated against in the workplace ica? I think it is critical. It is one PAYCHECK FAIRNESS ACT simply because they are women. No. 2, thing for the Senate Republican leader Mr. DURBIN. Mr. President, my wife you can’t threaten retaliation if one to talk about job creation. We all want and I are blessed with a son and daugh- worker tells another what the pay is at it. We are desperate for it. We are mov- ter who are good people, hard workers that particular place of work. No. 3, it ing toward it in many different ways, with good values. We basically believe adds programs for training, research, but let’s talk to those who are working the following: If they did the same job, technical assistance, and awards to and have jobs and whether they are they deserve the same pay—my daugh- recognize pay equity employers. paid fairly. Is that important to them? ter and my son. Most Americans agree The Equal Pay Act was signed into Of course. with that. People should be judged on law almost 50 years ago, but the pay Simply having a job may be impor- what they do, their performance, their gap between men and women in Amer- tant, but when you get to the heart of productivity, not on their gender. That ica is just about the same today as it it, people want to be rewarded for good is at the heart of the issue pending be- was then. According to the U.S. Census work. They don’t want to work 40 fore the Senate at this moment. Bureau—as we heard over and over— hours a week, get up every morning, Tomorrow we will take a vote. It is a women earn 77 cents for every dollar get on the bus in the dark, put their procedural vote, so it takes 60 Senators earned by men. African-American kids in their neighbor’s house for to vote to move forward on what is women make 70 cents on the dollar, daycare, head to their job, and at the known as the Paycheck Fairness Act. and Hispanic women make about 60 end of the week realize they are still We have 55 Democrats. The simple cents on the dollar. living in poverty. And that is what to- math tells you that unless five Repub- In my State of Illinois, 37 percent of day’s minimum wage does. lican Senators join us to move forward married employed mothers are their The women on those buses and the on this issue, that is the end of the family’s primary wage earners. Yet CTA trains that we see every morning story. It would be unfortunate if it is they face the same income disparity. It in Chicago, with their shopping bags the end of the story. turns out to be a yearly gap of $11,596 full of the basics so they can go to The Paycheck Fairness Act amends on average between men and women work and leaving their kids behind, the Equal Pay Act to discourage dis- who work full time in my State. That want to believe they will be paid fairly crimination based on gender and to is what the disparity in pay between for what they do. That is not much to help narrow the pay gap in America. men and women means in the State of ask. No. 1, the bill provides women the same Illinois. It is not just less take-home According to the Republican leader, remedies for sex-based pay discrimina- pay for women doing the same job, it it shows the stark contrast between tion that are available to people today means fewer Social Security benefits the two parties. It is a stark contrast. based on racial or national origin dis- when they retire. They are not earning The Republican leader says that we crimination. No. 2, the bill prohibits at the same level as men. They pay for want to work for a commitment to jobs retaliation against workers who dis- this discrimination for a lifetime. and focus on the power of ideas. I want The National Partnership for Women close their wages. Think about that for to focus on the power of an idea too. It and Families found that ending this is the idea of fairness and fair play. It a second. Lilly Ledbetter worked in a tire fac- wage gap would provide women in my is as basic as being an American, to be- tory in Alabama for years. Toward the State with additional earnings that lieve that people ought to be treated would be the equivalent of 97 weeks of end of her work life, she received an fairly, and that when they do the same food, 13 months of rent, 7 months of work they are entitled to the same anonymous note that said: Lilly, you mortgage payments or 3,000 gallons of pay. That is not too much to ask. In have been underpaid. You have been gas. It is a big deal for a struggling fact, we should demand it. making less than the men do in the family—particularly for a woman who I suppose we are going to have a crit- same job in this plant since you have is a struggling wage earner in Illinois. ical, historic vote tomorrow. I am hop- been here. She was crushed. She Regardless of occupation, education, ing five—just five—Republicans will thought she was a valued employee. No industry or marital status, pay for step up on behalf of working women one ever questioned the quality of her women in my State lags behind their across America and join us on this work, and she was being paid less than male counterparts. Women in Illinois Paycheck Fairness Act. Without them, the men doing the same job at her fac- who work in business and financial this idea will die for now, but it is not tory. management earn 72 percent of their going to die forever. The American She filed a lawsuit, and it made it all male counterpart’s salary. That is people have the last word. They will the way to the Supreme Court—across what is before the Senate. have it in the election. They can decide the street. Not surprisingly, this con- Is it wrong? Yes, it is. Are we pre- if this is important. They can decide servative, business-oriented, Repub- pared to say so in legislation? Tune in whether—as the Republican leader lican-oriented Supreme Court said: tomorrow and find out whether five Re- said—this is just a bizarre obsession on Sorry, Ms. Ledbetter. You should have publicans will join us to raise this issue the part of the left to think of fair pay reported that pay discrimination when of pay fairness for women across Amer- for the same work. I think it is pretty it first started. Well, why didn’t she? ica. basic to America. She didn’t know. How could she know? I am not encouraged by the state- This is our chance. Paycheck fairness Payroll information is not published— ment that was just made on the floor and a minimum wage to keep people except perhaps for government employ- by the Senate Republican leader. He re- who get up and go to work every day ees. That payroll information was not ferred to this whole conversation about out of poverty are fundamental to a available to her to file the lawsuit paycheck fairness and minimum wage good workplace and a workforce across when it first occurred. When she found increases—so that people who go to America which is respected by the Sen- out about it, she filed the lawsuit work every single day do not live in ate. across the street, and the learned Su- poverty—as ‘‘the left’s latest bizarre Mr. President, I yield the floor and preme Court said: Too late. obsession.’’ He said that we were blow- suggest the absence of a quorum. So we changed the law. The very first ing a few kisses to our powerful pals on The PRESIDING OFFICER. The law signed by the President of the the left with this legislative agenda. He clerk will call the roll. United States Barack Obama was the called it tone deaf, blame deflection, The bill clerk proceeded to call the Lilly Ledbetter Fair Pay Act, which and shadow boxing on the Senate floor. roll. said that Lilly Ledbetter and women The Senate Republican leader said The PRESIDING OFFICER. The Sen- just like her across America, deserve the divide between the two parties is in ator from Texas.

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2206 CONGRESSIONAL RECORD — SENATE April 8, 2014 Mr. CORNYN. Mr. President, I ask Before I conclude, I wish to say one traordinary and remarkable triumph of unanimous consent that the order for more word about Fort Hood, where I the UConn men’s basketball team last the quorum call be rescinded. will be traveling to tomorrow with the night—a victory that is beyond my The PRESIDING OFFICER. Without President. Fort Hood is also known as words to describe—and the achieve- objection, it is so ordered. The Great Place. They call it The ment it represents for those players, f Great Place. I had the honor of visiting for the school, for coach Kevin Ollie, the post last Thursday, and I will do so and for the entire university, particu- FORT HOOD SHOOTING again tomorrow for the memorial, as I larly in the face of last year’s disquali- Mr. CORNYN. Mr. President, last said. As we all remember, Fort Hood fication—unfair and unjustified, in my week the men and women at the Fort was also the scene of an earlier mass view. Hood Army post in Killeen, TX, wit- shooting in November of 2009. That was I am so proud of our team and the nessed a shocking act of violence as a yet another day where we saw both the University of Connecticut for its stead- gunman suddenly and inexplicably worst and the best of humanity. We fast and relentless pursuit of this na- opened fire, killing 3 fellow soldiers saw the very best of humanity in peo- tional championship, which last night and wounding 16 others. Yet, even as ple such as Michael Cahill, a civilian culminated in a huge and joyous tri- our attention has focused on the horror physician’s assistant and retired sol- umph felt throughout Connecticut and, of this event, I think it is also impor- dier, and Army CPT John Gaffaney, in fact, throughout the country. tant to talk about the very best of hu- both of whom charged the gunman— I will be commenting in greater manity demonstrated during this time MAJ Nidal Hasan—and gave their lives length and depth on how this achieve- of tragedy and crisis. in order to save the lives of others ment reflects on the University of Con- The men and women at Fort Hood around them. necticut, what it means to college ath- saw the very best of humanity in the Over the last 13 years, the Fort Hood letics, and what lessons we can take military police officer who confronted community has made enormous con- from this great triumph. the shooter, for example. tributions to America’s missions in In the meantime, I am wearing my They saw it in Private Jacob Sand- Iraq and in Afghanistan, where more University of Connecticut tie with the ers, who risked his own life in the than 550 of their soldiers have made the emblem of the Huskies because last hopes of saving one of the victims. ultimate sacrifice. In fact, the last night’s triumph is only a prelude to to- They saw it in SGT Jonathan combat brigade to leave Iraq was a night. Westbrook, who was shot and wounded Fort Hood brigade—the Third Brigade UConn is rolling with momentum to- by the gunman but still managed to of the storied 1st Cavalry Division. ward two national championships. The radio Fort Hood officials and sound the I sometimes think about the fact women, I believe, will prevail tonight, alert so that others might be protected that most Americans probably don’t and I expect to collect on another and safe. have a close friend or relative who has debt—the debt owed to me already by They also saw it in SFC Danny Fer- served in the Armed Forces. So in some my colleagues from Kentucky I think guson, who served a combat tour in ways the American people have become will be supplemented tomorrow—and I Iraq and had recently gotten home isolated to some degree from the reali- will ask that my Kentucky colleague, from a second one in Afghanistan. Last ties of war and national security. For Senator PAUL, wear this tie, if only for Wednesday Sergeant Ferguson used his them the war in Afghanistan is some- a brief moment, to demonstrate who own body to prevent the shooter from thing they read about in the newspaper was the better team last night. They entering a crowded room. He gave his or they hear about on TV, but it is not are both great teams, but Connecticut life so that his fellow soldiers could very real to them unless they have a was the greatest. keep theirs. He showed the kind of her- family member or a loved one or a f oism that few of us could even imagine, friend who has served. PAYCHECK FAIRNESS ACT the kind of heroism that defines our For the families at Fort Hood and in men and women in uniform. the surrounding Texas communities of Mr. BLUMENTHAL. Mr. President, I So even as we mourn the terrible loss Belton, Copperas Cove, Harker Heights, am here this morning on a very serious of Sergeant Ferguson, we want to also Killeen, and Temple, it is something and important subject—the Paycheck take a moment to celebrate his won- much different, something much more Fairness Act. I thank my colleagues derful example and his wonderful life, personal because it is a family mem- who were with me earlier today at an just as we celebrate the remarkable ber, it is a loved one, it is a friend who event we attended. The President is lives of SGT Timothy Owens and SSG has served, and many of them have lost doing an event right now. He has an- Carlos Lazaney-Rodriguez. their lives in the process because they nounced he will require all Federal Sergeant Owens served his country in contractors to follow the rule that Iraq and in Kuwait. He also served as a believed that keeping the American people safe was more important than there should be no retaliation against counselor at Fort Hood. According to people in the workplace who share in- his mother, he counseled literally their own personal security and safety. I wish to take this moment to let the formation about their pay. It sounds ‘‘hundreds of people.’’ His brother Dar- families and friends of the victims at like a basic principle of fairness but, rell described him as someone who Fort Hood know that—and, indeed, to unfortunately, the law has gaps that ‘‘would help anybody who needed tell all the good people at Fort Hood— permit discrimination—gender dis- help.’’ your fellow Americans are thinking crimination, unequal pay for the same Sergeant Lazaney-Rodriguez was a work. So today on Equal Pay Day, I am native of Puerto Rico, and he served about you, we are praying for you and keeping you close in our hearts during here to advocate for the Paycheck multiple combat tours in Iraq. He too Fairness Act, which will help fill some made a distinct impression on his this difficult time. Mr. President, I yield the floor, and I of those gaps. friends and fellow soldiers at Fort note the absence of a quorum. This issue is not a man’s issue, it is Hood. One of them described him as The PRESIDING OFFICER. The not a woman’s issue. It is a family ‘‘the epitome of what you want a lead- clerk will call the roll. issue. It is not about women, it is er to be in the Army.’’ The bill clerk proceeded to call the about paycheck fairness. So it is as As I mentioned a moment ago, as we roll. much about men as it is about women. mourn the loss of Sergeant Ferguson, Mr. BLUMENTHAL. Mr. President, I Right now 40 percent of all our families Sergeant Owens, and Sergeant ask unanimous consent that the order are supported by women either as the Lazaney-Rodriguez, we should take a for the quorum call be rescinded. sole or primary breadwinner. That moment to celebrate their lives and The PRESIDING OFFICER. Without means the children in those families, their service. All three of these men objection, it is so ordered. and the men, depend on that income chose—they volunteered—to devote f and on the fairness of their paychecks their lives to a noble cause—the de- to keep a roof over their head and to fense of our country—and our memo- UCONN VICTORY keep food on the table. ries of their work and their sacrifice Mr. BLUMENTHAL. Mr. President, I Paycheck fairness is about a fair will live forever. want to begin by remarking on the ex- shot—a fair shot for every woman and

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 8, 2014 CONGRESSIONAL RECORD — SENATE S2207 every person in American society. It is most importantly, among children. It lion Americans are unemployed—near- part of a larger agenda which includes will give those children a leg up that ly 4 million of them for 6 months or raising the minimum wage, which we they lack now. It will give their moms longer—household income has fallen, still have to do, and restoring unem- a sense of justified dignity and self-re- health care costs are soaring, and ployment insurance, which the Senate spect. It will make a practical dif- Democrats have decided to give up did yesterday but we still have to do in ference in the lives of families, raising doing anything about it so they can get the House. That larger agenda about a the self-respect and dignity of men as reelected in November. fair shot goes to the core of the Amer- well as women. If they are the bene- This political strategy was front and ican conscience about what is right, ficiaries of false factors, simple gender center last week when Democrats but it also happens to be what is eco- discrimination, how can they justify blocked all Republican amendments nomically smart. Paying women equal the additional pay that they as men during the Senate debate of the em- to men for the same work means that make? ployment benefits extension bill. Re- women will come to jobs and they will Discovering and proving discrimina- publicans wanted to offer a number of work better in those jobs, more production is a formidable, daunting, some- amendments that were focused specifi- tively. Women have so much to con- times insurmountable challenge. Dis- cally on job creation. After all, the tribute in jobs where they serve equal- covering it is difficult enough. That is only reason we are considering extend- ly or better than men. why sharing of information is nec- ing unemployment benefits for the 13th Unfortunately, the promise of the essary. Proving it is sometimes vir- time since 2008 is because so many Equal Pay Act, signed in 1963 by Presi- tually impossible without the kind of Americans still don’t have jobs. While unemployment benefits can provide dent Kennedy, has yet to be achieved. law the Paycheck Fairness Act will limited short-term help, they do noth- That promise was that equality would provide, the rights and making those ing to get unemployed Americans what prevail in the workplace. Yet 51 years rights real that can be achieved, ending they really want—steady, good-paying later the disparities are glaring, the systemic pay discrimination that un- jobs with an opportunity for advance- gaps between gender pay are unaccept- dermines and disserves our entire soci- able and inexcusable. Women make ment. ety. It demeans all of us. It fails to give Republicans thought that we should only 77 percent of every dollar earned people a fair shot when that is the accompany yet another extension of by men. The disparity is even greater ethos, the core conscience of American emergency unemployment benefits in certain professions. In the janitorial economic profit. A fair shot is not only with measures to make it easier and profession, among supervisors, and fair, it is smart. It will promote jobs cheaper to create jobs for the millions among CEOs, women make 70 cents or and economic growth, which all of us of Americans currently searching for less on the dollar. The same is true deeply want and deserve. work. We proposed amendments to cre- among financial advisers and among I yield the floor, and I suggest the abate jobs with measures such as reining product inspectors. So the disparities sence of a quorum. in burdensome regulatory require- cut across all professions. In fact, in 97 The PRESIDING OFFICER. The ments and improving job training for percent of all professions, women make clerk will call the roll. people who are unemployed. Demo- less on average than men. That is why The assistant legislative clerk pro- crats, however, didn’t want to take any we must work to change the law. ceeded to call the roll. votes on Republican proposals, so they The Paycheck Fairness Act would ac- Mr. THUNE. Madam President, I ask simply refused to allow amendments to complish a number of very simple unanimous consent that the order for be considered. That is not the mark of straightforward goals. No. 1, it would the quorum call be rescinded. a party that is serious about helping enable workers to share information The PRESIDING OFFICER (Ms. the unemployed. without fear of retaliation. Right now, HEITKAMP). Without objection, it is so If Democrats were really serious, a worker can be fired or demoted if he ordered. they would be focused on permanent or she shares information about what f relief through jobs rather than merely they are making. The Lilly Ledbetter POLITICAL STRATEGY treating the symptoms of unemploy- Act of 2009 advanced these goals and ment. Democrats brought up unem- made some progress, but this threat of Mr. THUNE. Madam President, 2 ployment benefits not because they retaliation is real and completely un- weeks ago the New York Times pub- offer real, long-term help to the unem- conscionable and it should be directly lished an article on the congressional ployed but because they think these prohibited by law. Democrats’ plan for the rest of the benefits might win them a few votes in Second, the burden should be on the year. It boiled down to one thing: Cam- November. employer to establish that pay dispari- paigning. That is right; 8 months out They are planning to keep on doing ties are business related or job specific. from the election, Democrats in Con- the same thing. Soon Democrats plan Those disparities ought to be the job of gress have given up on legislating. In- to bring up a 40-percent minimum wage the employer to justify, not the em- stead, they are going to spend the next hike that the nonpartisan Congres- ployee. After all, it is not the employee 8 months focused on show votes, which sional Budget Office estimates will who makes those decisions, it is the will—and I quote from the story—‘‘be cost up to 500,000 jobs by the end of employer. So the employer ought to be timed to coincide with campaign-style 2016. By the way, 57 percent of those the one to present a justification based trips by President Obama.’’ job losses—according to the CBO— on objective and real business-related While these votes will focus on would be held by women. But that is or job-specific factors. ‘‘pocketbook issues’’ Democrats hope not stopping the Democrats who hope Finally, the Paycheck Fairness Act will appeal to voters, the votes are not that a minimum wage hike will gain provides for punitive damages. Only by designed to actually accomplish any- them votes at the polls even if it hurts establishing punitive damages can the thing. The New York Times goes on to workers in the process. evil and harm done by pay discrimina- say: This week Senator REID filed cloture tion be effectively deterred. The eco- Democrats concede that making new laws on the motion to proceed to a similarly nomic penalty will discourage employ- is not really the point. Rather, they are try- political bill, the so-called Paycheck ers by providing real consequences for ing to force Republicans to vote against Fairness Act. All Senate Republicans their discrimination. them. believe in equal pay for equal work. This issue is really an American The article goes on to say: Paycheck fairness has been the law of issue that has resonance coast to coast, Privately, White House officials say they the land since 1963. Democrats are job to job, and person to person, but have no intention of searching for any grand playing politics with equal pay and at- mostly it has resonance among fami- bargain with Republicans on any of these tempting to distract from the real lies. The estimates are that elimi- issues. ‘‘The point isn’t to compromise,’’ a harm that their policies have done to nating the gender pay gap will reduce senior White House official said. women. Right now there are 3.7 million poverty among families headed by sin- So that is where we are. The econ- more women living in poverty than gle working mothers from 28.7 percent omy is stagnant, unemployment is hov- there were when the President took of- to 15 percent. It will reduce poverty, ering at recession-level highs, 10 mil- fice. Since the President took office,

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2208 CONGRESSIONAL RECORD — SENATE April 8, 2014 the poverty rate for women has in- has not gotten any better. We still EQUAL PAY DAY creased from 14.4 percent to 16.3 per- have chronic high unemployment, Mr. HARKIN. Madam President, cent. Income for female college grad- lower take-home pay, and lower house- today is Equal Pay Day. I mentioned uates has dropped by over $1,400, and hold income. that to someone earlier and they said: the median income for women is down We have almost 4 million people who What does that mean? What that by $733 since the President took office. have been unemployed for more than 6 means is an American woman working It would be nice if this legislation months. The labor participation rate— full time in America today—I am talk- that is being proposed by the Demo- ing about an average American woman cratic majority provided women with the number of people who are actually in the labor workforce today—is at the working full time, year-round—had to real economic help, but it is far more work all last year and up to today of lowest level we have seen in 35 years, likely to line the pockets of trial law- this year to earn what the average meaning there are millions of Ameri- yers. In fact, this election-year ploy male made last year up to December 31. would actually hurt women by increas- cans who left the workforce. Those sta- That is what Equal Pay Day is. Think ing Federal regulations that would cut tistics are crying out for solutions that about that. A man gets paid up to De- flexibility in the workforce for working will do something about the need for cember 31, and a woman has to work moms and end merit pay to reward jobs in our economy, that will do some- all that year and up to today to get the quality work. thing about growing and expanding our same pay. If Democrats were really serious economy, so those people who are un- It is shocking that in 2014 that is still about helping women, they would work employed can find the work they need happening in America—shocking—be- with us on bills to create jobs and to to improve their standard of living and cause we passed the Equal Pay Act in expand workplace opportunities for that of their families as well. 1963. In 1963, a woman made about 60 women as well as for men—bills such as So I hope all of these issues I have cents on the dollar for what a man Senator RUBIO’s legislation to amend mentioned—these are all amendments made. Today, it is 77 cents, so I guess the National Labor Relations Act to that have been filed by my colleagues we can say we have made some head- allow employers to give merit-based on the Republican side of the aisle. So way. So 1963, 1973, 1983—in 40 years, we pay increases to good workers; or Sen- far there is no indication, no sugges- have gone from 60 cents to 77 cents. ator COLLINS’ bill to repeal tion that any of these amendments are What we found out, through our committee hearings of the committee I am ObamaCare’s 30-hour workweek rule, going to get an opportunity to be of- privileged to chair, the Committee on which is reducing hours and lowering fered, to be debated, and to be voted Health, Education, Labor, and Pen- wages for many workers, particularly on—amendments that actually would sions, is that a lot of employers in this women, who make up 63 percent of improve the outlook for not only men those affected; or the bill proposed by country are not abiding by some of the in this country but women as well, by provisions of the Equal Pay Act. I com- Senator MIKE LEE, which would help growing the economy, expanding the employers balance work and family life pliment Senator MIKULSKI, who is a economy, creating the types of good- member of our committee as well as by allowing private sector employers paying jobs that will create opportuni- the Chair of the full Appropriations to give workers the choice of monetary ties for advancement for hard-working Committee, for her leadership in bring- compensation or comp time for the Americans. ing this bill, the Paycheck Fairness overtime hours that they work; or Sen- If the Senate is going to continue to Act, to the Senate. ator MCCONNELL and Senator AYOTTE’s When we passed it in 1963, 25 million bill, which would give hourly workers be a place where debate and amendments are shut down, blocked by the female workers, as I said, earned about access to flexible work arrangements 60 cents on the dollar. Now it is 77 like comp time off and flexible credit other side simply so they can have show votes designed to appeal to a po- cents. Again, the deficit and what it hours; or my bill combining several of means for a lifetime of earnings is star- my colleagues’ proposals to stimulate litical audience as we head into the midterm elections; if we aren’t going tling. Over the course of a 40-year ca- job creation and increase hours and reer, women, on average, earn more to be doing anything to solve the real- wages through energy development, job than $450,000 less than men. And get world problems millions of Americans training, and regulatory relief. Then, this: Women with a college degree, or who are unemployed have, or millions of course, there is Senator FISCHER’s more, face an even wider gap of more proposal to give women the tools and of Americans who have been hurt by than $700,000 over a lifetime compared knowledge they need to fight discrimi- this economy, and millions of Ameri- with men with the same higher edu- nation at work. cans who have seen their standard of cation. So, again, the consequences are Many of these proposals have passed living and their quality of life eroded enormous, impacting not just women the House of Representatives and are by bad policies coming out of Wash- but their families as well, and not just awaiting action by the Senate. These ington, DC, that make it more difficult impacting women during their working bills would create new jobs, open new and more expensive to create jobs— lives, but keep this in mind: When a opportunities, and help reverse the eco- that is what we ought to be focused on. woman is making that much less, then nomic decline that women have experi- Republicans come to the floor, as we a woman is getting that much less in enced over the past 5 years. But Demo- did last week when we were debating her retirement, in her Social Security, crats don’t seem to be interested in unemployment insurance, with amend- or maybe her 401(k), or a defined ben- providing economic relief to women. ments designed specifically at growing efit, whatever it might be. So women They are interested in elections and the economy and creating jobs. At get whacked twice during their work- scoring political points. every turn we have been blocked from ing life and then when they retire be- Democrats can go on campaigning for offering those amendments and, in cause they have made substantially the rest of the year if they want. They turn, we are talking about nothing less than men. can twist the legislative process for more than political rhetoric in an elec- Again, I congratulate Senator MIKUL- their own political ends and ignore the tion year that does nothing to address SKI for bringing this bill forward and economic pain they have caused women the real problems of the American peo- for her indefatigable work on this and men. Meanwhile, the middle class ple. They deserve better. We can do issue. It is time to pass the Paycheck in this country continues to fall fur- better. I hope we will. I hope the Demo- Fairness Act. It is simple, common- ther and further behind. crats will change their minds and join sense legislation to make sure we have Republicans in the Senate will con- us and allow us to have that debate, to procedures and processes that are in tinue to propose legislation to create have those votes, and allow us to do place, to make sure the Equal Pay Act, jobs and opportunities for Americans something meaningful for middle-class passed in 1963, has some teeth, so em- and help make up the ground that the families. ployers can’t just skirt around it any- American people have lost in the more, and so there will be avenues for Obama economy. Democrats can still I yield the floor. women to take to make sure they are change their minds and join us, and I The PRESIDING OFFICER. The Sen- not discriminated against in terms of hope they will because the situation ator from Iowa. pay.

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 8, 2014 CONGRESSIONAL RECORD — SENATE S2209 For example, right now it can be a That is why in every Congress since would it have obviated her wage dis- violation of company policy if a woman 1996 I have introduced the Fair Pay crimination case. She said with the in- wants to talk to another person about Act, which would require employers to formation about pay scales the bill pro- what their salary is. Some companies provide equal pay for equivalent jobs. vides, she would have known from the say employees can’t do that. This bill My counterpart in the House is Dele- beginning she was a victim of discrimi- says, yes, employees can do that. Em- gate ELEANOR HOLMES NORTON, and to- nation and could have tried to address ployees can talk to someone else. They gether we have introduced it in every the problem sooner before it caused a don’t have to tell—we don’t force any- Congress since 1996. It requires employ- lifelong drop in her earnings and before body to tell what their salary is—but ers to provide equal pay for jobs that she had to go all the way to the Su- an employee can make inquiries and are equivalent in skills, effort, respon- preme Court to make things right. can discuss it with other fellow em- sibility, and working conditions, but So, again, it is time to get done and ployees, and an employer cannot retali- which are dominated by employees of a put some teeth in it, but it is time to ate against an employee for doing that. different gender, race, or national ori- take the next step, because the biggest That is a huge step forward, by the gin. gap right now between what women way: a little bit of transparency, a lit- People may say maybe that is a make and what men make—among the tle bit of knowledge that a woman can stretch. Well, in 1983, the legislature of various known reasons for the gap, like have to understand whether she is my State of Iowa, working with a Re- education, race, union status, and work being discriminated against in her em- publican Governor, passed a bill stipu- experience—is occupation; that is, the ployment. lating that the State of Iowa could not number of women who are in what we Of course, we have a good deal of an- discriminate in compensation between have traditionally known as women’s ecdotal evidence and many examples of predominantly male and female jobs. jobs—housekeepers, maids, child care employers retaliating against women They had to pay equivalent wages. So workers, nurse assistants, and so on. It for discussing salary information. So they hired Arthur Young & Company is time to take the step that my State this bill is long overdue and we need to and they evaluated 800 job classifica- and Minnesota—and there are other pass it. tions in State government and, finally, States; I just mentioned those two be- We can’t just stop there on this pay- in April of 1984, determined that 10,751 cause I am familiar with them—have check fairness bill. We have to pass it employees should be given a pay in- taken to address this problem of and then we have to do a few other crease. Since 1984 in Iowa we have had equivalency. things. We have to tackle the more that equivalency. The next thing we need to do to subtle discrimination that occurs when In Minnesota, our neighbor to the make sure Equal Pay Day is not today we systematically undervalue the work north and the neighbor of the Presiding but is December 31, like when men get traditionally done by women. The fact Officer to the east, they went even a paid for a full year, is to raise the min- is millions of female-dominated jobs— step further. Minnesota at that time imum wage. Hopefully, we will be vot- jobs that are equivalent in skill, effort, passed a bill providing for equivalent ing on that soon to raise the minimum responsibility, and working conditions pay not only in State jobs but clear wage from $7.25 to $10.10 an hour. to similar jobs dominated by men—pay down to the local level. That was in Again, the majority of low-wage significantly less than male equiva- Minnesota. So it can be done. The workers are women because of the lent-type jobs. For example, why is a women in this country are currently trends I just mentioned. Jobs primarily housekeeper worth less than a janitor? being paid less not because of their held by women are undervalued and un- Think about it: Eighty-four percent of skills, not because of their education, derpaid and most of the low-wage the maids such as those who clean our working conditions, or responsibility, workers are women. So again we have rooms in hotels—are female; 75 percent but simply because they are in what we to raise that, and we need to raise of janitors are male. While the jobs are call female-dominated jobs. This bill tipped wages. equivalent in terms of skill, effort, re- would make sure they receive their Tipped wages right now are $2.13 an sponsibility, and working conditions, real worth. It will make a huge dif- hour. It has not been changed since the median weekly earnings for a maid ference for them and their families who 1991. Who are most of the tipped work- are $399. For a janitor, it is $484. rely on their wages. ers? Women, and many of them are pro- Truckdrivers—a job that is 96-per- What my bill would do basically is viding income for their families, for cent male—have median weekly earn- require employers to publicly disclose their children. I said this the other day ings of $730. In contrast, a childcare their job categories and their pay to a group and they were astounded. worker—a job that is 93-percent fe- scales. They wouldn’t have to publish They thought I must be wrong about it, male—has median weekly earnings of what every employee is making; they but I am not wrong. Do you know how $390. Why do we value someone who would have to say here are our job clas- someone gets classified as a tipped moves products more than we value sifications and here are the pay scales worker? A lot of people do not know someone who looks after the safety and in those job classifications. So it would this. How does someone get classified well-being of our children? I am not give women information about what as a tipped worker? Under the law, if saying that truckdrivers are overpaid; their male colleagues are earning or their employer says they make more I am just saying that jobs we consider anyone who is in that pay scale, so than $30 a month in tips, they can be ‘‘women’s work’’ are often underpaid, they can negotiate a better deal for classified as a tipped worker. Think even though they are equivalent in themselves in the workplace. Right about that, $30 a month. skills, effort, responsibility, and work- now, women who believe they are a vic- Let’s say if someone works 5 days a ing conditions. Quite frankly, some of tim of pay discrimination must file a week and they are working 20 days a the jobs women do, such as nursing or lawsuit and endure a drawn-out legal month, that is $1.50 a day. If they get home health aides, require a lot more discovery process to find out whether $1.50 a day in tips, they can be classi- physical effort than being a truck- they make less than the man working fied as a tipped worker and they can driver. Maybe in the old days truck- beside them, but with statistics readily pay them $2.13 an hour—unconscion- drivers had to be strong to muscle available, this could be avoided. The able. those trucks around. Now everybody number of lawsuits would go down if It has not been raised since 1991. Our has power steering and power brakes employees could see upfront whether minimum wage bill, which we hope to and everything else. A person doesn’t they are being treated fairly. have on the floor shortly, would raise have to be some big, heavy-weight Several years ago our committee had that tipped wage over 6 years from its giant to drive trucks anymore. But to Lilly Ledbetter come and testify before present level to 70 percent of the min- be a nursing aide, if you are rolling our committee. We had provided her imum wage, and then it is indexed for people who weigh over 250 pounds and with a copy of the Fair Pay Act that I the future. doing other things, that can take quite have been introducing since 1996, and So there are three things we need to a bit of effort. So why are nursing and she took a look at it and its descrip- do: pass the Paycheck Fairness Act home health aides paid so much less tion. I asked her, if the Fair Pay Act championed by Senator MIKULSKI, ad- than truckdrivers? had been law when she was hired, dress and pass the Fair Pay Act, and

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2210 CONGRESSIONAL RECORD — SENATE April 8, 2014 raise the minimum wage. If we do position of power, I would change Gallaudet aims not only to educate those three things, Equal Pay Day will things to prevent that kind of discrimi- but also to empower, and this is an in- not be today, it will be December 31 for nation in the future. credibly important gift to give to the everybody. As it turned out, I did rise to a posi- men and women who attend Gallaudet. f tion of power. I was determined to I join with my colleagues in the Senate make good on my promise to pass leg- in saluting this remarkable institution 150TH ANNIVERSARY OF islation to end discrimination against on its 150th anniversary. GALLAUDET UNIVERSITY people with disabilities, and an unex- I yield the floor. Mr. HARKIN. Madam President, I see pected event gave a huge impetus to f the time has come to recess for the my legislative ambition. caucuses, but I just wish to say that In 1988, Gallaudet University was hir- RECESS today is another important day. Today ing a new president. At that time, the The PRESIDING OFFICER. Under is the 150th anniversary of the date school had never had a deaf president. the previous order, the Senate stands that Abraham Lincoln signed the law There were three candidates: one was in recess until 2:15 p.m. authorizing the institution we now deaf and two were hearing. The Board Thereupon, the Senate, at 12:35 p.m., know as Gallaudet University in Wash- of Visitors selected a hearing presi- recessed until 2:15 p.m. and reassem- ington, DC. That was 150 years ago dent. bled when called to order by the Pre- today. What began on April 8, 1864, as a To the students at Gallaudet, who be- siding Officer (Ms. BALDWIN). school with just eight students has lieved passionately that the time had flourished into the world’s first and come for a deaf president, this was un- f only institution of higher education acceptable. They rose up in a move- CONCLUSION OF MORNING dedicated to deaf and hard-of-hearing ment that came to be known as Deaf BUSINESS students, renowned internationally for President Now. They organized pro- The PRESIDING OFFICER. Morning its outstanding academic programs and tests. They boycotted classes. Some business is closed. also for its leading research into the 2,000 Gallaudet students marched from history, language, and culture of deaf their campus to the U.S. Capitol Build- f people. ing. They demanded a president at Gal- PAYCHECK FAIRNESS ACT— I take pride in the fact that it was laudet who could relate to them in a MOTION TO PROCEED—Continued Senator James W. Grimes of Iowa, way that no hearing person could. then-chair of the Committee on the I had the privilege of speaking to The PRESIDING OFFICER. Under District of Columbia, who initiated them. I told them, ‘‘You are my he- the previous order, the time until 3:15 that legislation allowing the school to roes.’’ They are still my heroes because p.m. will be controlled by the majority. confer degrees. Dr. T. Alan Hurwitz, they kept up their protests until they The Senator from Maryland. who is now the current distinguished won. Gallaudet got its first deaf presi- Ms. MIKULSKI. Madam President, I president of Gallaudet, was born and dent, I. King Jordan. rise today to speak on paycheck fair- raised in Sioux City, IA, not too far But that is not all those students ness, the bill we will be voting on to- from the Presiding Officer’s State of won. The protests by the students at morrow in the Senate. During the next North Dakota. In fact, Dr. Hurwitz’s fa- Gallaudet struck a chord with other hour 11 Democratic women will be ther and my brother were classmates people with disabilities all across coming to the floor to speak. I am not at the Iowa School for the Deaf. We are America. Those students were like a going to introduce each one. We want proud of the many Iowa students, in- spark that ignited a brushfire. to get right to the issue. Rather than cluding a recent intern in my office, They rose up and said: Enough. No talking flowery talk about each other, Joseph Lewis, who are graduates of more second-class citizenship. No more we want to talk about the need for pay- Gallaudet. discrimination. And other people with check fairness. It is a wonderful school. If you have disabilities took up the same rallying I ask unanimous consent that each never been there, you ought to go and cry. Senator be permitted to speak for up to take a look at it. They do fantastic As the chief Senate sponsor of the 5 minutes. work at Gallaudet, attracting people Americans with Disabilities Act, ADA, The PRESIDING OFFICER. Without from all around the globe to go there. there is no question in my mind that objection, it is so ordered. In 1894 it was named after Thomas Hop- the students’ successful protests at Ms. MIKULSKI. I am the leadoff kins Gallaudet, and then in 1986 it was Gallaudet were one of the key reasons speaker. I want to be very clear on why conferred university status by the Con- why we were able to pass the ADA 2 we are on the Senate floor. We believe gress. Again, 150 years ago today, on years later. women need a fair shot to get equal April 8, 1864, Abraham Lincoln signed Today, Gallaudet University is a di- pay for equal work. We want the same it into law. verse, bilingual university dedicated to pay for the same job. We want it in our In 1864, the school was known as the the intellectual and professional ad- lawbooks, and we want it in our check- Columbia Institution for the Instruc- vancement of deaf and hard-of-hearing books. We want to finish the job we tion of the Deaf and Dumb and Blind. individuals through American Sign began with Lilly Ledbetter 5 years ago. It was inspired by the work of Thomas Language and English. I have always Five years ago, one of the first bills Hopkins Gallaudet, who had traveled been an admirer and supporter of Gal- that we passed in the Obama adminis- to Paris to study the successful work laudet. I respect it as a place that tration was the Lilly Ledbetter bill. We of French educators who pioneered the opens doors and creates opportunity. reopened the courthouse doors to use of a manual communication meth- At Gallaudet, the focus is on ability, women who wanted to seek redress for od of instructing the deaf—in other not disability, and, as with all schools, the way they were treated unequally in words, sign language. In 1894, the name sometimes it is on extraordinary abil- the workplace. But we need to finish of the institution was changed to Gal- ity, such as Adham Talaat, the aca- the job. That is what paycheck fairness laudet College in honor of Thomas Hop- demic all-American defensive end who does. kins Gallaudet. In 1986, by act of Con- helped to lead the Gallaudet football What does ‘‘finish the job’’ mean? gress, the college was granted univer- team to a 9 and 1 record this past sea- Well, right now in the United States of sity status. son or faculty member Dr. Laura-Ann America, there is a veil of secrecy—a My brother Frank was deaf from an Pettito and her Visual Language and veil of secrecy. Where is it? In the early age. During his childhood, in the Visual Learning Center, where she and workplace. Right now, in companies 1940s and 1950s, most Americans had her graduate students map the brain to and businesses, employees are forbid- very backward, ignorant attitudes to- better understand how we decode audi- den to talk about the pay they receive ward deaf people. It pained me to wit- tory and visual language or 2011 grad- with another employee. In many ness the brazen discrimination and uate James Caverly, who starred in the places, when an employee seeks re- prejudice that he faced on a daily basis play ‘‘Tribes’’ about a hearing family dress, she is retaliated against. Last and I promised that if I ever got into a with a deaf son. but not at all least, there are loopholes

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 8, 2014 CONGRESSIONAL RECORD — SENATE S2211 that many employers use to justify islation for a long time. But what I So there it is. It is basic protection, women being paid less. They invent ex- have now is hope. Help is on the way. basic information—a fair shot. That is cuses, and they call them business ne- Reinforcements are here. essentially what this bill does. cessity explanations. Well, we are on Now I turn to Senator ELIZABETH Sure, sometimes men are paid more the floor today to say we want to end WARREN and then Senator CLAIRE than women. Employers can pay dif- the soft bigotry of low wages for MCCASKILL and Senator CANTWELL, in ferent salaries based on factors such as women. Equal pay for equal work. No that order. skill, performance, expertise, seniority, secrecy. No retaliation. No loopholes. The PRESIDING OFFICER. The Sen- and so forth. The Paycheck Fairness No way. Today is the day for equal pay. ator from Massachusetts. Act does not touch any of that. It sim- We are on the floor today because it Ms. WARREN. Madam President, I ply provides the tools that women need is Equal Pay Day. What does that thank Senator MIKULSKI for her incred- to make sure salary differences have mean? It means the women of the ible leadership on this issue. something to do with the actual job United States of America have to work I come to the floor today in support they are doing and not just the fact in many instances 15 months to earn of equal pay for equal work. I honestly that they are women. what a man doing the same job, with cannot believe we are still arguing over Several States have already adopted the same experience and the same se- equal pay in 2014. Congress first moved similar rules. Businesses in these niority, earns in 1 year. to solve this problem more than 50 States continue to thrive without any Now, we are not against the guys. years ago when the Equal Pay Act was explosion of lawsuits. This bill is about There are many men who do jobs they signed into law. good business, a level playing field for hate so their daughters can have the In 1963 women were earning 59 cents men and women, an equal chance to jobs they love. After working to ensure on the dollar for every dollar earned by get the job done, a fair shot for all of that they have a good home and a good a man. Today women earn only 77 us. education, they see their daughters are cents on the dollar compared to what a America’s women are tired of hearing paid less. man earns. that pay inequality is not real. We are We all know there is a generalized Women are taking a hit in nearly tired of hearing that somehow it is our wage suppression going on in the mid- every occupation. Bloomberg analyzed fault. We are ready to fight back dle class—another topic and another census data and found that median against pay discrimination. debate. But right now we are on the job earnings for women were lower than I thank Senator MIKULSKI and all of and we want to be paid for what we do. those for men in 264 out of 265 major my colleagues who are speaking on the It is hard to believe that women are al- occupational categories. In 99.6 percent floor today for their leadership on this most half of the workforce and yet dur- of all occupations, men get paid more important proposal. I urge the Senate ing that time, as we make up 50 per- than women—99.6 percent. That is not to pass the Paycheck Fairness Act to cent of the workforce, we still make an accident; that is discrimination. strengthen America’s middle-class only 77 cents for every dollar a man The effects of this discrimination are families and to level the playing field makes; African-American women earn real and they are long lasting. Women, for hard-working women. 62 cents; Latino women 54 cents—al- for example, borrow roughly the same I yield the floor. most half. This is a disgrace. amount of money as men to pay for The PRESIDING OFFICER. The Sen- We need to change the law. That is college, but according to the American ator from Missouri. what we seek to do by bringing up the Association of University Women, Mrs. MCCASKILL. Madam President, Paycheck Fairness Act. Our President these women make only 82 cents on the every once in a while it is probably has tried to do his part. He supported dollar compared with men 1 year after healthy for all of us to sit back for a the Lilly Ledbetter bill. Today we were graduating. So women take out the moment and reflect on why we are at the White House, where he took an same loans to go to college, but they here. What is the Senate supposed to be Executive order step to ban retaliation face an even steeper road to repay about? Why do we come to the Senate? against employees who work for Fed- those loans. Why did our Founding Fathers lay out eral contractors. So we are going to Unequal pay also means a tougher re- a Constitution that had these branches start being a model employer by ban- tirement. The average woman in Mas- of government? ning retaliation not only within the sachusetts who collects Social Secu- In the branch of government in which Federal Government but with our Fed- rity will receive about $3,000 less each we reside, we are called the legislative eral contractors. He also then called year than a similarly situated man be- branch. So what is that about? I think upon the contractors to submit data, cause the benefits are tied to how what the Founding Fathers wanted us information, so that we would know much people earn while they are work- to do is to make our laws reflect the what are the gender differences that ing. values and priorities of the American are going on on the very contracts we This is a problem—a big problem— people. have. and women are fed up. Fifty years and The Paycheck Fairness Act is a sim- When we signed the Equal Pay Act— a woman still cannot earn the same as ple step toward making our laws reit was in 1963 under Lyndon Johnson— a man for doing the same work. Women flect two of the most important values women made only 59 cents. You know are ready to fix it, but it is not easy. we have in the United States of Amer- what. That was 50 years ago. In 50 Today some women can be fired just ica. years we have gained 18 cents. Well, for asking the guy across the hall how I guarantee you that if you walked that is not the way to go. The way to much money he makes. Earlier today up to any of my colleagues who intend go is to pass the Paycheck Fairness the President issued Executive orders to vote against this and said, do you Act. What we want to do is make sure to stop Federal contractors from re- believe in equality and justice, they that, as I said, there is no retaliation, taliating against women who ask about would say, of course we believe in no excuses. their pay and to instruct the Depart- equality and justice. We hear this all the time: Oh, the ment of Labor to collect better data for Then why would you not support this guys do harder jobs; they are the the gender pay gap. Good for him, and legislation, because it is just that sim- breadwinners. But so are many women good for women working for contrac- ple. We are just trying to make the now who are heading households or tors. Now the Congress should extend laws of this country reflect the Amer- who are single breadwinners. these protections to all women. ican ideals of equality and justice. The other important thing is that no The Senate will soon vote on the Well, they say, there are laws on the longer will women be limited in pay to Paycheck Fairness Act. This is a com- books. just backpay when they have been dis- monsense proposal: No discrimination Well, here is the deal. You cannot get criminated against. and no retaliation when women ask justice if you do not have the facts. If The PRESIDING OFFICER. The Sen- how much the guys are getting paid. the facts are a secret, a protected se- ator’s time has expired. We will get basic data to tell us how cret, then justice is always going to be Ms. MIKULSKI. My time is up. I am much men and women are getting paid elusive and equality is going to be so into this bill. I have been at this leg- for key jobs. something to which we give lipservice,

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2212 CONGRESSIONAL RECORD — SENATE April 8, 2014 not something we will truly enjoy in we want our colleagues to understand with the same remedies available to this country. how important it is to pass the Pay- victims of other discrimination, in- So this is just a step to say to Amer- check Fairness Act. cluding punitive and compensation ican business: Let’s understand why I encourage my colleagues on both damages. two people doing the same job have two sides of the aisle to support this legis- This is important legislation. It is different levels of pay. Explain it to us. lation and end the discrimination important legislation that will end the What is so evil about that? What is so many women face in America. This is a discrimination women are seeing in the evil about expecting a business to be critical issue, not only for women but workplace. able to explain why a man and a for men because, obviously, the house- The Paycheck Fairness Act will also woman with the same experience, the holds of America deserve to have both help eliminate the pay gap to help same credentials, and the same work people making equal pay. these families who are struggling in output are paid differently. If there is a The message from the American peo- our economy. But just in case people good reason, then there is no litiga- ple is clear: They want Congress to get the wrong idea, I want to make tion, there is no rush to the court- focus on the most important economic sure people are clear. Even in fields house. But if there is not a good rea- issues of the day; that is, jobs. And cer- such as engineering and computer son, that is where that justice comes tainly having a job that pays you science, women earn, on average, only in. That is where a woman has an op- equally for the work you do with your 75 percent of what their male counter- portunity to go into the hallowed halls coworkers is critically important. parts earn. A woman with a master’s of our courts—the envy of the world, I The Paycheck Fairness Act is ex- degree will only make 70 cents for might add—to have a fair shot at jus- actly what we should be working on, every $1 of her equally educated male tice. ways to strengthen the pocketbooks of counterparts. The notion that someone can be fired many Americans. It is time the Senate end the pay dis- for trying to get the facts about their While we have made progress over crimination by passing the Paycheck own compensation, the notion that re- the past five decades since we passed Fairness Act. That is why I have been taliation would somehow be embraced the Equal Pay Act, we still have a long happy to sponsor this legislation and by my colleagues who do not intend to way to go. In my State, the State of work with my colleagues. I want young vote for this legislation I do not under- Washington, women are paid 78 cents women growing up today to know this stand. I know they are trying to ex- for every $1 that men earn for the same is not an issue they are going to have plain to the American people that this work. That amounts to an average to deal with in the future. They will has something to do with us having a wage gap of $11,000 per year. The truth get equal pay. love affair with America’s trial law- is that many women are the bread- I thank my colleagues. I hope my col- yers. I have never heard more rubbish winners in their family, and they leagues on the other side of the aisle in my life. It is not the trial lawyers should be paid as breadwinners. They will help us in invoking cloture and whom we care about. It is the women. should not face discrimination. providing the votes we need to pass the It is the single moms. Today women make up 48 percent of Paycheck Fairness Act. It is the women who have this sink- the workforce in the State of Wash- I yield the floor. ing feeling in the pit of their stomach ington, and these families are very im- The PRESIDING OFFICER. The Sen- that they are getting paid less, that portant to our economy. On average, ator from New York. they are helpless because they can’t mothers in Washington provide 41 per- Mrs. GILLIBRAND. I am proud to get at the information. When they do, cent of their household income, and na- join this fight for paycheck fairness, an they have the entire burden of proof of tionally 40 percent of women are the effort led by the dean of the women in showing that somehow they weren’t in- sole primary breadwinners for their the Senate, the first Democratic ferior to their male colleagues. households. This is an important issue woman ever elected to the Senate in There is absolutely no possible rea- for our economy. Think of the boost her own right, and the longest serving son that any of us would be trying to they would get, the boost we would see woman in Congress today—Senator help lawyers with this. It is their cli- if they were paid equally. BARBARA MIKULSKI. ents, guys; it is the women of America. Right now one-third of those families This is the same fight many of our It is the women of America who want headed by women in Washington live in own mothers and grandmothers fought, the laws to reflect our values, equality, poverty, so closing the wage gap means equal pay for equal work. The promise and justice. This is a simple step. It is they would be able to afford 82 more made by the Equal Pay Act 50 years nothing to be afraid of. weeks of food, according to the Na- ago, literally half a century ago, con- Frankly, the only thing anyone who tional Partnership for Women & Fami- tinues to be broken every single day in opposes this bill should be afraid of is lies. It would mean better economic this country. the wrath of American women across freedom, it would mean the ability to When that happens, it doesn’t just this country who are sick and tired of buy more essentials, and it means their hold back women individually, it holds being told it is none of their business families would be better off. back entire families. It holds back the what their colleague is getting paid But, more importantly, people need entire American economy. and: By the way, I don’t have to ex- to realize that not only does this pay Today women make up more than plain to you why you make less even gap affect women’s ability to support half of America’s population and near- though your work output has been su- their family, the pay gap also reduces ly half the workforce. Women are perior to your male colleagues. It is their ability to save for the future. outearning men in college degrees and time and it is about our values. From around the age of 35 through re- advanced degrees and a growing share I yield the floor. tirement, women are typically paid of primary household earners. But to The PRESIDING OFFICER. The Sen- about 75 to 80 percent what men are this day men are still outearning ator from Washington. paid, and over their lifetime a woman women for the exact same work. On av- Ms. CANTWELL. I join my colin Washington will earn $500,000 less erage, women earn 77 cents for every $1 leagues and thank the Senator from than her male counterpart. That is a man earns and even less for women of Missouri for her statement as some- money that can be saved and invested color. African-American women earn 69 body who has been involved in basi- for the future. So we must pass the cents on the dollar and Latinas earn cally making sure the law is imple- Paycheck Fairness Act to end this dis- just 58 cents on the dollar. mented and upheld too. I appreciate parity because this act will require em- In the years leading to the Equal Pay her views. ployers to provide justification other Act, only about 11 percent of families I thank Senator MIKULSKI for her than gender for paying men higher relied on women as the primary wage leadership in advocating for equal pay wages than women for the exact same earner for kids under 18—just 11 per- for equal work. She has been a cham- job. It protects employees who share cent. Today 40 percent of primary or pion for many years and she is insist- that information with others from sole wage earners are women: 40 per- ent now that we pass this legislation, being retaliated against, and it pro- cent of families with kids under 18 who and that is why we are here, because vides victims of pay discrimination rely on women to pay the bills, balance

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 8, 2014 CONGRESSIONAL RECORD — SENATE S2213 the family finances, make the tough great strides in this body. We now have cally saying, with all of us as an echo choices around the kitchen table, and 20 women in the Senate but, of course, chamber, is this: Women deserve a fair provide for their kids. we are still only at 20 percent. The For- shot. It is long past time for us to stop But you would not know this by tune 500 now has 23 women CEOs, but I shortchanging half of the country and looking at America’s workplace poli- still think anyone who looks at this their families. cies. They are stuck in the past. They knows there are great strides that have I want to show us a chart that looks are stuck in the ‘‘Mad Men’’ era. Con- been made but great progress ahead. at what happens to a woman in a year gress and State capitols have simply Despite all this progress, women in when she gives up $11,000 because she is failed to keep up with the pace of the this country still only earn close to 80 not being paid, for the same job, the new economy and the face of the mod- cents for every $1 made by men. This same amount a man is. What could ern American workplace. pay gap has real consequences for that $11,000 do? This has to change. How can two-in- American families. Two-thirds of to- She could buy a year of groceries, she come families and sole female-bread- day’s families rely on a mother’s in- could provide a year of rent, a year of winning households get ahead when come either in part or in entirety, and daycare, she could buy a used car, and they are shortchanged every single in more than one-third of families the she could afford community college. month? If we want a growing economy mother is the main breadwinner. That is 1 year. Look at what happens and a thriving middle class, pay women As Senate chair of the Joint Eco- over the course of a lifetime when be- fairly. It is that simple. When women nomic Committee, we released a report cause a woman is not getting her fair earn equal pay, America’s GDP could this week that shows lower wages im- share, the equal amount that she de- grow by up to 4 percent. It is common pact women all through their working serves, she is only getting 77 cents on sense, and it is the right thing to do to lives. I think that is something people the dollar. It is $443,000. What could she strengthen our economy and to don’t always think about, the fact that do with that? Pay off her entire mort- strengthen our families. if women consistently make less gage, send three kids to the University So today, on Equal Pay Day, let’s get money, and then you retire, and you of California—a great school, I might this done. Let’s pass the Paycheck are actually going to live longer than say—and buy 8,000 tanks of gas. Fairness Act and give America’s men, you have a lot less money to re- What is the point of all of this? It is women the fair shot they deserve to tire with in the first place. to show that the dollars women are not earn their way ahead in today’s econ- In fact, women who retire have about getting could be going into the commu- omy. $11,000 less per year than men. That is nity, could be making sure their fami- The PRESIDING OFFICER. The Sen- very significant when you look at the lies are taken care of, and would make ator from Minnesota. age range where women will be in re- all the difference in the world. Now, I Ms. KLOBUCHAR. I rise to speak tirement. was a little startled to see some of my about the importance of closing the The other piece we don’t always Republican friends on the other side— pay gap for women. I am a cosponsor of think about—unless you are in their Republican Members of the House—say the Paycheck Fairness Act—an impor- position—is women in the sandwich this is demeaning to women. That is tant bill—and I am so honored to be generation, women who are taking care what I got out of a news report—that here with my colleagues and the leader of aging parents at the same time they women don’t need this. Would they of the women in the Senate, Senator are taking care of children. That is have said that about children? Did chil- MIKULSKI. happening every single day in this dren need protection against child Today is Equal Pay Day, but it also country as women are having to take labor? The answer is yes. Did workers marks the week where things are fi- leave from work or leave their job to need protection from a 14-hour day nally warming up in my State after a take care of an aging parent while they when they were being exploited? Yes. long deep-freeze. We look as though we are still struggling to afford to send Did we need to make sure people in are going to have 70 degrees. The snow their kids to college, to send their kids hazardous workplaces, such as chem- will melt, the flowers will bloom, and to daycare. ical companies, have appropriate pro- the message we are all here to bring is This legislation will build on the tective gear? Yes. Did we need to make it is time to stop freezing the women of promises of the Equal Pay Act and the sure there are fire exits in a crowded America out of this economy. The Lilly Ledbetter Fair Pay Act. It will factory, after we saw a horrific fire women of America want to be treated give women new tools and protections called the Triangle fire? Yes. Now we fairly. to guard against pay discrimination need to make sure that women get Now all the work we are doing— and will help reaffirm that basic prin- equal pay for equal work. whether it is the minimum wage bill or ciple that all women deserve equal pay This is just part of the continuum of the unemployment compensation—is for equal work. bending that arc of history toward jus- stuck somewhere in a deep freezer over I am hopeful we can get this done for tice. That is what is happening here in the House of Representatives, some- the people of this country. It was the under the leadership of Senator MIKUL- where between the frozen peas and the late Senator Paul Wellstone of Min- SKI and all of us who stand on her chocolate ice cream, and it is time to nesota who said: ‘‘We all do better shoulders. I have to say it is a great thaw out the freezer in Washington, when we all do better.’’ I still believe day. It is a great day to hear my col- DC, and help the women of America. that is true, and so do my colleagues leagues come to the floor and speak as That is what this bill is about, that is who join me today. one. We are speaking not only for the what the minimum wage bill is about. We need to focus on this bill. We need women of America, who make up more People deserve a fair shot at the Amer- to unfreeze some old beliefs, and we than half, but for their families. ican dream. need to bring a little Spring into the That is the point. Two-thirds of I thank again Senator MIKULSKI and Senate. women are either the sole head of I thank her for her leadership in the I yield the floor. household or they share in providing Lilly Ledbetter Fair Pay Act. In 2009 The PRESIDING OFFICER. The Sen- for the economic well-being of their we passed that bill to make sure that ator from California. families. This is a matter of justice. It workers who face pay discrimination Mrs. BOXER. Madam President, Sen- is a matter of fairness. It is a matter of based on gender, race, age, religion, ator MIKULSKI and I were just whis- a fair shot. I am proud to stand with disability, or national origin have ac- pering to each other about how far we my colleagues. cess to the courts. In doing so, we re- have come since the day Anita Hill I hope and pray we will get the 60 stored the original intent of the Civil came to the Hill and we couldn’t do votes necessary. There is a filibuster Rights Act and the Equal Pay Act. Now much to help her, but we organized and going on, as usual. We need a super- it is time to prevent that pay discrimi- recognized that women had to be here majority. But I would say to my col- nation from happening in the first in numbers sufficient to make a dif- leagues on the other side that too place. ference and clearly, today, we are. many women have to be super women. We all know women have made great My colleague Senator MIKULSKI is So give them a supermajority. They strides in this economy. We have made our dean of the women. All she is basi- are super women who are holding down

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2214 CONGRESSIONAL RECORD — SENATE April 8, 2014 not one job but two jobs. So please help imum wage. That is 15 million Amer- omy, and we will expand opportunity us. Let’s celebrate tomorrow with a ican women who are making the equiv- for the next generation of women who great vote. alent of about 2 gallons of gas per hour. enter the workforce. I yield the floor. It is clearly time to raise the minimum So I am here today to urge my col- The PRESIDING OFFICER. The Sen- wage and give working women in the leagues to support the Paycheck Fair- ator from Washington. country some much deserved relief. ness Act and then build on that step by Mrs. MURRAY. Madam President, I There are other ways we can, and continuing to help level the playing want to start by expressing my deep should be, updating our policies to help field for American women and their thanks and appreciation to Senator MI- working women and their families families. KULSKI for her tremendous leadership make ends meet. For example, thanks Madam President, I yield the floor. in the fight for equal pay and for bring- to our outdated Tax Code, a woman The PRESIDING OFFICER. The Sen- ing the Paycheck Fairness Act to the who is thinking about reentering the ator from Maryland. forefront of the debate this session. workforce as the second earner in her Ms. MIKULSKI. Madam President, The role of women in our families family is likely going to face higher this isn’t only a women’s fight, though and in our economy has really shifted tax rates than her husband. That would we reserved this time. There are many dramatically over the last few decades. come in addition to increased costs good men in the Senate who will stand Today 60 percent of families rely on that she would then have with child shoulder to shoulder with us, and I earnings from both parents. That is up care and transportation and the possi- know the Senator from West Virginia from 37 percent in 1975—60 percent. bility of losing tax credits and other would like to have 2 minutes before he presides. I yield him 2 minutes. Actu- Women today make up nearly half the benefits as her household income rises. ally, I should yield him 77 percent of workforce, and more than ever women All of this means struggling families what we got, but he is for equal pay are likely to be the primary bread- will experience higher tax rates than winner in their families. Women are and so gets equal time as well. what many of the wealthiest Ameri- The PRESIDING OFFICER. The Sen- making a difference in our economy, in cans pay. This can discourage a poten- board rooms, lecture halls and small ator from West Virginia. tial second earner, such as a mom who Mr. MANCHIN. That would be 1 businesses. is talking about reentering the work- minute and 45 seconds, I say to the But despite the important progress force and returning to her professional Chairwoman. we have made since the Equal Pay Act career. I thank the chairwoman for what she passed now 50 years ago, including I recently introduced the 21st Cen- does and how well she has been leading passing the Lilly Ledbetter Act in tury Worker Tax Cut Act, which would this charge for all of us. As a proud 2009—thanks again to Senator MIKUL- help solve this problem by giving husband of a brilliant and talented SKI—giving women more tools to fight struggling two-earner families with woman, my wife Gayle, and as the fa- against pay discrimination, women’s children a tax deduction on the second ther of two daughters and the grand- wages have not caught up with the earner’s income. The Joint Committee father of six granddaughters, all of times. Across the country today on Taxation estimates that change whom are gifted and make great con- women still earn 77 cents on the dollar, alone would cut taxes by an average of tributions to our country, I believe it on average, to do the exact same work $700 for 7.3 million families next year. is past time women earn the same as men. It would take a typical woman The 21st Century Worker Tax Cut Act amount as men in the workplace. We until today to earn what a man would would also expand the EITC for child- need to correct this unfairness to make earn doing the same work in 2013. less workers and lower the eligibility sure women are paid what they de- That difference really adds up. In Se- age so that people without dependents serve. attle, in my home State, last year and young workers just starting out As we join together today to cele- women earned 73 cents on the dollar— can benefit from the credit. brate Equal Pay Day in the year 2014, 73 cents on the dollar—compared to By the way, this has bipartisan sup- it just defies common sense that work- their male counterparts. That transport. It builds on work incentives from ing women in West Virginia earn only lated to a yearly gap of $16,346. Nation- the EITC and is paid for by getting rid 70—not 77 but 70—cents to every dollar wide, over a typical woman’s lifetime, of wasteful corporate tax loopholes a man makes. Too many families are pay discrimination amounts to $464,320 that both Ways and Means Chairman working too hard to make ends meet, in lost wages. That is not only unfair CAMP and Democrats agree ought to be and especially in families where women to women, it is bad for our families, closed. are the breadwinners. and it is bad for our economy. Opinion leaders from across the polit- In West Virginia there are more than At a time when more and more fami- ical spectrum have said this bill would 81,000 family households headed by lies rely on women’s wages to put food provide much-needed relief to workers women. About 36 percent of those fami- on the table or stay in their homes or and families. One conservative com- lies, or nearly 29,200 family households, build a nest egg for retirement or help mentator wrote in the National Review have incomes that fall below the pov- pay for their children’s education, it is that the 21st Century Worker Tax Cut erty level. Eliminating the wage gap absolutely critical we do more to Act is ‘‘a serious proposal that has the would provide much needed income to eliminate pay discrimination and un- potential to better the lives of a large women whose wages put food on the fairness in the workplace. The Pay- number of workers.’’ A New York table, pay the bills, and maintain a re- check Fairness Act would tackle pay Times editorial columnist says it spectable quality of life for their chil- discrimination head on. It would ramp would be ‘‘a huge benefit to low-income dren and families. up enforcement of equal pay laws and childless families and two-earner fami- Growing up I was blessed to be raised strengthen assistance to businesses to lies.’’ by two strong, hardworking women— improve equal pay practices. I hope we So I am hopeful that here in Congress my grandmother, affectionately known can all agree that 21st century workers we will see similar support on both as Mama Kay, and my mother. By ex- should be compensated based on how sides of the aisle for a bill that would ample, both of these wonderful ladies they do their job, not whether they are help women and working families keep taught me that women can work just male or female. more of what they earn. as hard, if not harder, with more re- I hope to be able to pass the Pay- We have come a long way in terms of sponsibilities, and they should get paid check Fairness Act as quickly as pos- the opportunities women have in our the same as a man. As a matter of fact, sible for working women and their fam- country today, but there is no question they probably should get overtime. ilies in this country, but we can’t stop we have a lot more work to do. If we There is no reason why they shouldn’t there. We need to build then on these take these steps I have talked about, have received the same pay for the critical reforms with other steps to- and that others here are talking about, same job as men, and that certainly ward giving women a better and a fair- we will do much to break down the resonates today. er shot at getting ahead. One out of very real barriers that still exist today. Since I joined the Senate, I have been four women in the United States today We will help working women and their proud to have cosponsored the Pay- would benefit from raising the min- families, we will strengthen our econ- check Fairness Act. The very first vote

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 8, 2014 CONGRESSIONAL RECORD — SENATE S2215 I took in the Senate was for paycheck pations but women who are school The PRESIDING OFFICER (Mr. fairness. Until Congress passes this cooks and janitors, such as my mother. MANCHIN). The Senator from Wis- truly commonsense bill, I will continue The women who are working every day consin. to fight for paycheck fairness because at the diner to put food on their fam- Ms. BALDWIN. Mr. President, I the bottom line is people should earn ily’s table and food on the tables of would like to start by thanking Sen- the same pay for the same work, pe- their patrons. ator MIKULSKI for organizing us today riod, no excuses. So when we are talking about this, I and much more importantly for her As a former governor, most of my de- must also mention the need for an in- leadership over the years on this issue. cisionmaking was made around good crease in the minimum wage, which is We are so proud to have her as our strong women who sat down and gave a topic for further discussion on the dean. me the facts and nothing but the facts, floor. I would like to remind my fellow I come to the floor today on Equal and I appreciated that. Senators that the current minimum Pay Day to stand and speak about an It shouldn’t matter whether you are wage, which is overrepresented by issue that impacts women and families a man or a woman. You should be women in terms of the number of peo- in every State across this country. treated fairly no matter what, no mat- ple earning minimum wage, is less than Today I rise to give voice to the belief ter where you are or what you do. 9 percent of a congressional salary. We that we need to be working together I thank our chairman, and I yield the have people in this body who think across party aisles to build an America floor. that the salary they receive is inad- where hard work is rewarded and where Ms. MIKULSKI. Senator HEITKAMP. equate, but we expect people to work 40 there is a fair shot for everyone to real- The PRESIDING OFFICER. The Sen- hours a week for the minimum wage. ize their pursuits and dreams. ator from North Dakota. Even if you had two minimum wage In America today the growing gap be- Ms. HEITKAMP. Thank you so much. jobs—think about it—working 40 hours tween rich and everyone else is at its I want to thank our great friend and a week on two of those minimum wage largest point in 100 years. The absence great leader from the State of Mary- jobs, you still would make less than of upward mobility for hard-working land for continuing her hard work. I $32,000 a year working 80 hours a week. families demands action because if we wonder if she ever wakes up in the That is the story of many women in cannot close this gap we might some- morning and wonders when it is ever this country. day talk about the middle class as going to be done. When are we going to When we were growing up and women something we used to have, not some- see justice? I am sure she has learned were in the workforce, it used to be thing that each generation can aspire over the years that until you stand up they were working for that extra in- to. every day and live a life where you are As I have traveled through my home come. There was this excuse given over trying to make positive change in State of Wisconsin, they have told me and over: She is just supplementing the America, it doesn’t get done. She is that the powerful and well connected income, and the man is the bread- somebody who has never given up. seem to get to write their own rules winner. She is earning a little extra so It is interesting that North Dakota, while the concerns and struggles of she can buy a refrigerator or whatever as West Virginia, is one of those States middle-class families often go unno- it is. where women earn less than men, and ticed here in Washington. They feel as below the national average less than That is not the reality of today. The if our economic system is tilted to- men. When we look at the national av- reality of today is that more women wards those at the top and that our po- erage and 77 percent, that is a horrible are the primary or the sole bread- litical system exists to protect unfair statistic. But what is really horrible is winners for their family. We have to advantages, instead of making sure if you live that statistic. correct this problem. that everybody gets a fair shot. Not one person in this body lives that I have listened to the debate on the I rise to give voice to the fact that statistic. We are all treated equally. It other side saying there are other ideas there is paycheck inequality for hard- doesn’t matter what gender we are. If on how to do this. This won’t promote working American women across this we are Members of Congress, we are or give a way forward for change. country and that it is time we do some- treated equally. Imagine the out- These are the same people who think if thing about it. Working women make pouring of sympathy and support if we you just maintain the status quo, up over 50 percent of our workforce, got 77 percent of a male’s salary. We somehow things will magically change and they are working harder than ever would think that was atrocious. We in the Senate. After 20 or 30 or 40 years to get ahead. And they deserve to get would think how could that possibly of this struggle, what would suggest to ahead. Many are working full time, and happen in America. But it happens us that we are going to get parity if we many are working two jobs to make every day in America. don’t take some pretty proactive ac- ends meet. Yet far too many are barely It happens every day for working tion here in the Senate and in the Con- getting by, and far too many women women who are supporting their fami- gress to say that what a woman does is and children are living in poverty. The lies, women who go to work 40, 50 or 60 valuable and it is at least as valuable least we can do is level the playing hours to support their families and to as what a man does in the exact same field and give women a fair shot at get- improve the economies of their State. job. That is who we are in this country. ting ahead because they deserve equal And they keep spinning their wheels. We are gender neutral, and that is pay for equal work. It is simply unfair They keep working at trying to change what we are trying to do. We are trying that women are paid on average 77 this and don’t seem to get any further to maintain gender neutrality, main- cents for every dollar paid to a man. ahead. How many of us could take a 25- tain a good economy because we know This reality is holding women back, percent reduction in salary? That is if we put more money into women’s and it is holding our entire economy really what we are asking every woman family budgets, that money is going to back. in America to do—not across the board go out and grow our economy even I am proud to join my colleagues but certainly on average—asking every more. today to deliver a call for action to woman in America to take a 25-percent The bottom line is this. Let’s have a pass the Paycheck Fairness Act and reduction in her salary. That is not little sympathy in this body for people give women equal pay for equal work. fair, and it should not be the facts of who earn less than 20 percent of what a This legislation will help close the pay- 2014. It should not be the way things Senator earns. Let’s give them a show check gap for women, it will help cre- are. of support, a thank you from a grateful ate upward mobility for women, and it There has been a lot of discussion country for the hard work they put in will help strengthen the economic se- around the opportunities for women, every day. Let’s tell them that the curity of millions of families across and obviously we have grown. You can- words in the Constitution and the our country. not see 20 women in the Senate and not promise of equality are still not real- Let me take the time to tell you just think that we are making some ized, but we can work together to make one story of one woman. Shannon is a progress. But we have to think not that a reality in their lives. single mother of three from Two Riv- only about women in professional occu- Thank you. I yield the floor. ers, WI. Shannon is working hard to

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2216 CONGRESSIONAL RECORD — SENATE April 8, 2014 support her family, but the pay gap is and tireless leadership on this issue. a working woman would have enough holding her back. Shannon has contin- She has been a protean force when it extra money to buy 74 more weeks of ued her education to advance her ca- comes to this issue and many others. I food for her family, to make 6 more reer as an interpreter in a school, but deeply admire and respect her. months of mortgage and utilities pay- she faces the grim reality that women This week I held my annual round- ments, or to pay 11 more months of teachers are often paid less than their table with the Women’s Fund in Provi- rent. That just doesn’t help the male counterparts. dence. We talked about equal rights, woman; it helps the family. In fact—and this is so hard to be- equal pay, and economic opportunity One of the best tools in fighting pov- lieve—statistics collected by our De- and justice with women who are cre- erty is to close the pay gap. The Pay- partment of Labor make it clear that ating jobs and fighting inequality ev- check Fairness Act will help fulfill the women earn less than men in almost eryday. promise of the Equal Pay Act by im- all occupations commonly held by Today, as my colleagues have pointed proving the remedies available to women. Passing the Paycheck Fairness out, we mark Equal Pay Day. Women women facing gender discrimination. Act will help close the pay gap and pro- would have to work until April 8 of this These are commonsense and fair im- vide Shannon and so many others with year just to earn what men did as of provements for our mothers, our financial freedom for their families. December 31 of last year. Passing the daughters, our sisters, our fathers, our It would help Shannon manage issues Paycheck Fairness Act will move us sons, and our brothers. that working moms face every single one step closer to being able to com- We must pass the Paycheck Fairness day—unexpected car problems, chil- memorate Equal Pay Day on December Act. We believe everyone deserves a dren outgrowing their pants and shoes, 31 each year for both men and women, fair shot, and that includes equal pay the anxiety of not being able to save a and that is what we should be striving for equal work. I urge my colleagues to little bit from their paycheck to some- for. come together to pass the Paycheck day send their children to college. To This year we are marking the 50th Fairness Act, and with that I will yield put this in the simplest terms possible, anniversary of the Civil Rights Act and the floor. it would give Shannon a fair shot at the war on poverty. We have come a Mrs. FEINSTEIN. Madam President, passing on a stronger future for her long way, but our efforts to form a almost 51 years after the enactment of children. more perfect, more equal union must the Equal Pay Act, women now make Today women working full time in continue forward. When President Ken- up almost half of the workforce; how- Wisconsin go home with $10,324 less a nedy signed the Equal Pay Act into law ever, gender-based wage discrimination year than their male counterparts. In in 1963, women were earning an average is still pervasive. Statistics show that Wisconsin, 31 percent of households of 59 cents on the dollar compared to there is a significant difference in the headed by working women have in- men. pay of men and women performing the comes that fall below the poverty No matter how you slice it, median same or substantially similar jobs, re- level. This is simply wrong, and it is annual earnings, weekly earnings, by gardless of the education level or type our job to work together to change level of education or occupation, there of occupation. Looking at the average that. Millions of American women get is still a gender gap in pay today. pay for women, women get paid about The Women’s Fund of Rhode Island up everyday to work hard for that mid- 77 cents for every dollar earned by issued a report showing that gender dle-class dream: a good job that pays similar male workers. the bills, health care coverage you can discrimination in pay is even more The experience of women in the rely on, a home you can call your own, striking for minority women. In Rhode workforce is better in California but a chance to save for your kids’ college Island African-American women make not by much. According to the most re- education, and a secure retirement. 61 cents for every dollar that a white cent census estimates, in California, But instead, gender discrimination is male makes. For Latinas the figure is the average pay for a woman working holding women and their families back. 51 cents. This gender discrimination full time, year round is $41,956 per year, Eliminating the pay gap will make pay gap affects women at all edu- while the average for a man is $50,139. families more secure. cational levels. This means that, on average, women in Nearly 60 percent of women would According to the Council of Eco- California are paid less than 84 cents earn more if women were paid the same nomic Advisers, women are more likely for every dollar paid to men. Put an- as men of the same experience with to complete college—that is right. other way, this amounts to a yearly similar education and hours of work. Today women are completing college gap of $8,183 between full-time working The poverty rate for women would be more than men. In 2012, 25- to 34-year- men and women in the State. Over the cut in half. It is wrong for us to ignore old women were 21 percent more likely course of a career, on average, women the gap between the economic security than men to be college graduates, but stand to lose $434,000 in income and that American women work so hard to this is not closing the earnings gap. To thus enjoy fewer Social Security, pen- achieve and the economic uncertainty all those who say it is all about edu- sion, and retirement benefits. that they are asked to settle for. With cation, and these people have more a record number of women in the work- education, that is wrong. It is not. Latina women face greater dispari- force today, the right thing to do is to Women who earn advanced degrees ties in the workplace as they are paid pass the Paycheck Fairness Act and start off on a relatively even footing— approximately 54 cents for every dollar empower women with a fair shot at people with a Master’s or a Ph.D. But paid to men. Women of color fare simi- equal pay. again, over the course of their careers larly. I urge my colleagues to join me in the wage gap widens in favor of men. As a group, full-time working women working to pass the Paycheck Fairness The National Partnership for Women in California alone lose over $37.5 bil- Act because it would strengthen fami- and Families reports that women with lion each year due to the wage gap. lies and our economy by providing Master’s degrees are paid 70 cents for According to the National Partner- working women with the tools they every dollar paid to men with Master’s ship for Women and Families, if the need to close the gender pay gap. It degrees, and women with Master’s de- gender-based ‘‘pay gap’’ were elimi- will show the American people our grees earn less than men with Bach- nated, a working woman in California commitment to working together to elor’s degrees. would have enough money for approxi- provide a fair shot for everyone. Equal pay for equal work is not only mately 59 more weeks of food, 4 more I yield the floor. an issue of equity. It has real economic months of mortgage and utilities pay- The PRESIDING OFFICER. The Sen- consequences. Families rely on wom- ments, 7 more months of rent, or 2,103 ator from Rhode Island. en’s income. Data analyzed by the Na- additional gallons of gas. Mr. REED. I thank the Chair. tional Partnership for Women and A Redondo Beach resident wrote to Mr. President, I rise in strong sup- Families show that women are the pri- me, ‘‘I know that at my current age, I port of the Paycheck Fairness Act. I mary or sole breadwinners in 40 per- have been paid hundreds of thousands would like to first commend the senior cent of families. If we eliminate gender of dollars less than my colleagues, Senator from Maryland for her fearless discrimination in pay in Rhode Island, though I am also paying my rent . . .

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 8, 2014 CONGRESSIONAL RECORD — SENATE S2217 supporting my kids, and trying to fig- to eliminate this unfair pay gap. It will for a 6-month waiting period from the ure out how I can possibly pay for col- reasonably update the Equal Pay Act time of enactment, and the Depart- leges for them. If I had been earning a by eliminating loopholes used for far ment of Labor would assist small busi- fair wage, I could afford college, and too long in courtrooms; strengthening nesses with compliance. healthcare, and would have some re- incentives to employers to prevent pay Should a claim arise, employers have tirement savings, all things that I can- discrimination through remedies avail- affirmative defenses that they can not currently do.’’ able under current law to victims of raise to justify pay differences, such as She is absolutely right—it is esti- race-based and national origin dis- if the wages are set based on a senior- mated that it takes a woman 41⁄2 more crimination; improving wage data col- ity system; a merit system; a system months of work to earn the same as lection so that we can better evaluate that measures earnings by quantity or her male counterpart earns in just 1 the pay gap; and by strengthening edu- quality of product; or a bona fide factor year. Yet she still must pay for the cation, training, outreach, and enforce- other than sex, such as education, same monthly expenses as her male ment efforts to close the pay gap. training, or experience, which is job-re- colleagues. In Redondo Beach, her This bill also importantly provides lated and serves a legitimate business monthly expenses can be crippling. that employers are prohibited from re- interest. A single adult with two children liv- taliating against employees who share I am not in the habit of supporting ing in Redondo Beach spends monthly salary information with their cowork- bills that advance women just because around $536 in food, $767 in child care, ers. Nearly half of all workers in the I am a woman. I am supporting this $451 in medical care, $1,420 in housing, United States are strongly discouraged bill because I believe in advancing and $639 in transportation, not to men- or even have workplace policies equal rights and uplifting millions of tion taxes. Considering that over 1.7 against the sharing of salary informa- families who rely on a woman’s pay- million households in California are tion. This secrecy makes it extremely check in order to eat. headed by women, over 500,000 of whom difficult for employees to detect pay I am not alone in hearing stories fall below the poverty level as it is, de- discrimination and contributes to the about paycheck disparities in Cali- nying California women equal pay for pay gap. For example, Lilly Ledbetter fornia. My colleagues have heard simi- equal work adds to their burden and af- was paid less than her male coworkers lar stories from women in their States. fects their families. for almost 20 years but did not realize We also know that women are critical This is not just a problem for low-in- it because a company policy prohibited to driving this economy, and by ensur- come women and families. The pay gap her from discussing her pay with her ing equal pay for equal work, the en- exists across the spectrum of education coworkers. She discovered the pay dis- tire economy benefits. levels and occupations. According to crimination only when someone sent With the knowledge of pervasive in- the 2012 S&P 500 CEO Pay Study, al- her an anonymous note. equality still today in pay among men though companies run by female chief Under the Paycheck Fairness Act, and women and considering that the executive officers performed better on employees would therefore generally be majority of Americans support the gov- average than those run by men—look- protected from retaliation when they ernment taking steps to enable women ing at the total shareholder return for discuss or inquire about their wages or to get equal pay for equal work, it is their companies—those female CEOs the wages of another employee. They our duty to vote in favor of cloture and were paid an average of about $500,000 would also be protected from retalia- for swift passage of the Paycheck Fair- less per year than their male CEO tion if they make a charge, file a com- ness Act. counterparts. And the pay gap is wider plaint, or participate in a government Ms. MIKULSKI. I thank the Senator for women with higher education, mak- or employer-initiated investigation. for those comments. ing it more difficult for them to pay off These antiretaliation provisions would The PRESIDING OFFICER. The ma- their school loans. generally not protect employees such jority’s time has expired. Congress tried to address the problem as payroll or HR personnel who have UNANIMOUS CONSENT AGREEMENT—EXECUTIVE by passing the Equal Pay Act in 1963, access to wage information as an essen- CALENDAR which amended the Fair Labor Stand- tial function of their job. Rather, the Mr. REID. Mr. President, I ask unan- ards Act, making it illegal for employ- antiretaliation provisions would enable imous consent that at 4:30 p.m., the ers to pay unequal wages to men and employees to learn about their employ- Senate proceed to executive session to women who perform substantially the ers’ wage practices without being consider Calendar Nos. 556 and 502; that same work. However, as is reflected in afraid of losing their jobs. With such there be 2 minutes for debate equally wage data statistics and in the stories information, employees will be better divided between the two leaders or shared by women across the country, suited to close the gender pay gap for their designees prior to each vote; that while the Equal Pay Act was a step in themselves and others. upon the use or yielding back of time, the right direction, more needs to be I recognize the concerns of business the Senate proceed to vote, with no in- done to clarify the law. owners who maintain that amending tervening action or debate, on the Congress recently had to correct the the Equal Pay Act will open them up nominations in the order listed; fur- courts on how to interpret pay dis- to liability and risk harming their ther, that the motions to reconsider be crimination laws in line with their business. I have heard concerns that considered made and laid upon the original intent by passing the Lilly employers fear that this bill will in- table; that no further motions be in Ledbetter Fair Pay Act of 2009. fringe on their private business prac- order to the nominations; that any Through Lilly Ledbetter, Congress tices should it become law. statements related to the nominations amended title VII of the Civil Rights After considering and reconsidering be printed in the Record; that the Act to clarify the timeframes in which the effects of this legislation with the President be immediately notified of employees could bring a claim against concerns of business owners in mind the Senate’s action and the Senate employers who engage in pay discrimi- and after consulting with experts in then resume legislative session. nation. employment and labor law, I came to The PRESIDING OFFICER. Is there But according to recent studies, Con- the conclusion that this bill is nec- objection? gress needs to strengthen the law fur- essary to level the playing field and Without objection, it is so ordered. ther in order to effectively close the does not have to necessarily affect The Republican leader. pay gap between men and women business practices so long as those Mr. MCCONNELL. Mr. President, for across the spectrum. The disparity in business practices do not discriminate weeks Republicans have been trying to pay between men and women is the against women. get Democrats to focus on the one same as it was in 2002. If we keep going As under the current law, employers issue Americans say they care the at this rate, without congressional ac- would not be helpless or defenseless— most about, and that is jobs and the tion, women will not reach pay equity they can proactively conduct an inter- economy. Everyone agrees we are in until 2058. nal pay-equity analysis to ensure equal the midst of a jobs crisis in our coun- The Paycheck Fairness Act therefore pay for equal work before government try. Republicans are saying: Here are provides Congress with an opportunity intervention. In fact, the bill provides some concrete things we can actually

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2218 CONGRESSIONAL RECORD — SENATE April 8, 2014 do about it. But Democrats have com- Mr. REID. Mr. President, would my Mr. REID. Reserving the right to ob- pletely shut us out. If government isn’t friend give the subject matter of those ject, I am happy to see a number of Re- part of the solution or if it doesn’t three amendments? publican colleagues come to the floor. drive a wedge between one group of The PRESIDING OFFICER. Would We have been talking about this issue people and another, they are just not the Senator from South Dakota state for days now and to discuss, I thought, interested. the subject matter of those amend- the subject of equal pay for women. Here is one idea that I proposed and ments? But there has been no talk about equal Democrats have brushed aside: How Mr. THUNE. The McConnell amend- pay for women. The closest of anything about helping workers better balance ment has to deal with flexibility in the in that regard that has been suggested the demands of work and family by al- workplace and comp time, the Fischer has been a bill that says if you have to lowing them time off as a form of over- amendment has to do with anti- work overtime, then you have a choice time compensation? This is an idea discrimination in the workplace, and I of going home or doing the overtime. that is tailored to the needs of the believe the Lee amendment also deals The reason we don’t have laws like modern workforce. It is something a with comp time flexibility in the work- that is because the employer can take lot of working women say they want, place. advantage of the employee because the and it is something government em- The Senator from Tennessee, Senator employee is at the beck and call of the ployees have already enjoyed for years. ALEXANDER, is here, and I think he can employer, and I think most labor laws What we are saying is to give today’s speak to his amendment. Most of them would protect against that now. working women in the private sector deal with the pending business, S. 2199, I am surprised we have literally the same kind of flexibility working which is the Pay Equity Act that the heard no one come to the floor except women have in the government. majority leader expects to get a clo- on the one occasion—and I could have Everybody is familiar with the idea ture vote on later. We simply ask to missed it—where the Republican Sen- of getting paid time-and-a-half for have an opportunity to offer amend- ator made the statement that Senator overtime work. What this bill would do ments that pertain to that bill, on MIKULSKI’s legislation was a trial law- is give people the choice of getting a issues we think are important in ad- yer’s dream. The women who have proportionate bump in time off for dressing the issue that is before us. come to the floor to talk about this— overtime work. So if you work an extra The PRESIDING OFFICER. The ma- and the men who have come to talk hour, you can get an hour-and-a-half jority leader. about this today, including the Pre- off work. This should be a no-brainer. Mr. REID. Reserving the right to ob- siding Officer, and I heard his state- This is a concrete proposal to help men ject, is the Alexander amendment, ment—are simply trying to say we and women adapt to the needs of the which the Senator from South Dakota need to be sure this is a fair shot for modern workplace and for the work- suggested, the 350-page amendment the middle class, and in this instance it place to adapt to the modern work- that was offered last week? is women. But the Republicans always force. This is not just a way to help The PRESIDING OFFICER. The Sen- want to change the subject. Why don’t workers, it is a way to especially help ator from Tennessee. we have a debate on whether women working women. Flexibility is a major Mr. ALEXANDER. Mr. President, if I are entitled to have the same pay as part of achieving work-life balance, es- may respond to the majority leader, men? pecially for working moms. That is the answer is no. The Alexander The Senate is debating the motion to what this amendment is all about. amendment, I say to my friend from proceed to the equal pay bill, so the Therefore, I ask unanimous consent Nevada, is a pretty simple amendment. question before the Senate is whether that if cloture is invoked on the mo- It talks about giving working parents we should even begin debate on this tion to proceed to S. 2199, that all more flexibility so they can go to soc- matter. If Senators wish to offer postcloture time be yielded back and cer games and piano recitals; in other amendments, they would have to begin the Senate proceed to the consider- words, to be better parents. the debate. ation of the bill and that it be in order A few years ago Captain Kangaroo, I am always happy to talk about for me to offer amendment No. 2962, Robert Keeshan, and I—along with amendments, but the amendment of and then for the majority leader or his some other people—started a company. my friend from South Dakota is noth- designee to offer an amendment, and After our company merged with an- ing that is reasonable. What that then it be in order for the leaders or other company, it became the largest amendment does is offer lots of amend- their designees to continue to offer worksite daycare company in America. ments. I think if we look closely at amendments in an alternating fashion. What we found out was that the great- this 350-page amendment, we might The PRESIDING OFFICER. Is there est value working parents with young even find the kitchen sink in it. It has objection? children wanted was flexibility. Our everything else in it. It is really a per- Mr. REID. I object. fear is that this proposal, which is fect example of trying to divert atten- The PRESIDING OFFICER. Objec- called paycheck fairness, would actu- tion from the subject at hand. This is tion is heard. ally limit the flexibility of employers not a serious effort to legislate equal The Senator from South Dakota. can give to working parents so they pay for equal work. Mr. THUNE. Mr. President, I have a can go to their children’s activities. My colleague’s unanimous consent unanimous consent request I would My amendment is a very simple request would also allow for a poten- like to put forward as well. I ask unan- amendment. It is only a paragraph or tially unlimited number of amend- imous consent that if cloture is in- two, and it simply restates the law and ments. We have been there before, and voked on the motion to proceed to S. makes it clear that if you run a dry we know that does not work. Providing 2199, that all postcloture time be yield- cleaner with three people in it, you an unlimited number of amendments is ed back and the Senate proceed to con- don’t have to hire a lawyer to define a just another way of saying they want sideration of the bill, and that it be in job for an employee with a child in to filibuster the bill, which they have order for me to offer amendment No. such a way that that employee can go done so artfully over the last 5 years. 2964, and then for the majority leader to the piano recital or soccer game. In- My door remains open to further dis- or his designee to offer an amendment, stead of being about more litigation, it cussions, but I object to the requests and it be in order for the leaders or is about giving more flexibility for that have been made, including the one their designees to continue to offer working parents. that I anticipate from my friend from amendments in an alternating fashion The PRESIDING OFFICER. The ma- Tennessee. with the following amendments on the jority leader. The PRESIDING OFFICER. Objec- Republican side in order: McConnell Mr. REID. Before my friend from tion is heard. amendment No. 2962, Fischer amend- South Dakota leaves the floor, 2964 is Mr. REID. Is there anything pending? ment No. 2963, Alexander amendment the big one? I want to make sure there are no pend- No. 2965, and Lee amendment No. 2966. Mr. THUNE. That is correct. ing requests for unanimous consent. The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The ma- The PRESIDING OFFICER. No. objection? jority leader. The Senator from South Dakota.

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 8, 2014 CONGRESSIONAL RECORD — SENATE S2219 Mr. THUNE. Mr. President, I think are actually hurting women in the and voted on, along with many of my what we just heard was a number of workforce. Of those affected by the colleagues, including the Senator from our Members have amendments they Democrats’ ObamaCare 30-hour work- Nebraska Mrs. FISCHER and the Sen- are going to talk about and offer when week that is reducing wages, 63 percent ator from New Hampshire Ms. AYOTTE, we get on the bill—and I assume we are women. So that policy of going to who are here to speak about amend- will at some point—so we can debate a 30-hour workweek that was defined as ments they want to put forward as a and vote on them. We are talking such in ObamaCare, 63 percent of the part of this debate. I asked unanimous about an issue that is important to impact of that is being felt by women. consent earlier for those amendments people across this country, and we have Of the roughly 500,000 jobs that CBO to be considered as well and once again amendments that we think would im- projects will be lost by the end of 2016 that has been blocked by the majority prove, strengthen, make better the bill thanks to the Democrats’ 40-percent leader. That is the wrong way to deal that is going to be on the floor that has minimum wage hike, 235,000 of those— with an issue of this consequence. been described as the Pay Equity Act or 57 percent—would be jobs that are If we want to help people—if we want by the Democrats. held by women. Disproportionately, to create jobs and grow the economy, We actually think there is a better these policies are going to hurt women. which ultimately helps lift all the way to do this. We think there is a way The poverty rate for women has in- boats, improves the standard of living that actually would improve the wages, creased to 16.3 percent from 14.4 per- for middle-class families, women and provide better job opportunities, and cent as of when the President took of- men—the best way to do that is to get better opportunities for advancement fice. So the poverty rate is higher. We a growing, vibrant economy instead of for women. have women who are living in worse a stagnant economy, which is what we This morning the majority leader economic conditions than when the have today, with too many who have quoted Ralph Waldo Emerson who said, President took office. If the Democrats been unemployed for a long period of ‘‘America is another name for oppor- were truly serious about fixing that time. tunity.’’ I could not agree more with problem—if they are truly serious I hope our colleagues on the other that statement. The American dream about helping women—they would side of the aisle will come to the con- is to work hard and achieve upward work with us on bills to create jobs and clusion that if we are going to debate mobility. Americans want good jobs, to expand workplace opportunities for this issue, we need to debate it in a and they want to earn a fair wage. But women and for men as well. That is ex- comprehensive way that takes into the current Obama economy is doing consideration all of the ideas out there, everything it can to hurt the American actly what my amendment does. It ad- including those that will be offered by dream. dresses the problems created by The economy is stagnant. There are ObamaCare, it includes a provision my colleagues this afternoon. 10 million Americans who are unem- pushed by Senator COLLINS that would I yield the floor. The PRESIDING OFFICER. The Sen- ployed—nearly 4 million for 6 months restore the 40-hour workweek I men- ator from Nebraska. or longer. Household income has fallen. tioned earlier, and it will finally repeal Mrs. FISCHER. Mr. President, I Right now there are 3.7 million more the job-destroying medical device tax strongly affirm the principle of equal women living in poverty than there for which Senators TOOMEY, HATCH, pay for equal work. Both the Equal were when the President took office. I and COATS have been tirelessly fight- Pay Act and title VII of the Civil will repeat that. There are 3.7 million ing. Rights Act, which were passed on a bi- more women living in poverty today My amendment ensures that veterans partisan basis, have helped increase ca- than there were when the President and the long-term unemployed are not reer opportunities for women and en- took office. The median income for punished by the costs of the sure they receive equal pay for equal women has dropped by $733 since Presi- ObamaCare employer mandate in that work. That is a principle we strongly dent Obama took office. That is why legislation. Senator BLUNT has raised support. this body should be focused on enacting that issue in the Senate on behalf of Women have made progress. They policies that lift the government-im- veterans, and in the House a similar now hold more than half of all manage- posed burdens that impede job opportu- bill passed by a margin of 406 to 1. rial and professional jobs—more than nities and economic growth. My amendment also provides perma- double the number of women in 1980— I have offered an amendment—and I nent, targeted tax relief to millions of just asked unanimous consent to be small businesses. Small businesses cre- and women comprise a majority in the able to have it debated and voted on ate 65 percent of all new jobs. Yet this five fastest growing job fields. Accord- when we get on this bill—that actually administration has done little more ing to the Department of Education, is focused on enacting policies that lift than punish them with more regula- women receive 57 percent of all college the government-imposed burdens that tions and higher taxes. degrees, 33 percent more than in 1970. impede job opportunities and economic The amendment also halts harmful We believe—the reports prepared for growth. It is called the Good Jobs, EPA regulations until the EPA con- the U.S. Department of Labor recog- Good Wages, and Good Hours Act. It ducts additional analysis of the impact nize—that commonly used wage gap would help return America to a place those existing rules would have on statistics don’t tell the full story. Fac- where there are good job opportunities. jobs. tors including differences in occupa- My amendment would help create It is time this body recognizes that tion, education, fields of study, type of good-paying jobs by reining in burden- the policies the other side is advancing work, hours worked, and other per- some regulatory requirements, shield- are not achieving the outcomes they sonal choices shape career paths and ing workers from the damaging effects claim will occur. We need to renew our they shape earning potential. More- of ObamaCare, approving the Keystone commitment to helping all Americans, over, salaries alone don’t account for XL Pipeline, and providing permanent including women, find job opportuni- total compensation. Still, some women tax relief to employers that are look- ties that allow them to achieve the continue to struggle with gender-based ing to expand and hire. American dream. We need to return pay discrimination, directly impacting Republicans could not agree more this country to a place where America a woman’s livelihood, financial future, that women should have equal opportu- truly is another name for opportunity. and her job security. With 60 percent of nities and pay in the workplace. Unfor- Earlier today the President and CEO women working as the primary bread- tunately, the legislation our friends on of the Small Business & Entrepreneur- winners, lost wages detrimentally im- the other side are pushing will not ac- ship Council, Karen Kerrigan, wrote an pact families as well as single women. complish that goal. Their legislation article that says this proposal I am We fully agree that gender-based pay would increase Federal regulations speaking about ‘‘offers a set of really discrimination in the modern work- that would cut flexibility in the work- good policy proposals to help women place is unacceptable. We just have dif- place for working moms and end merit entrepreneurs and women in the work- ferent ideas from some of our col- pay that rewards quality work. force.’’ leagues about the best way to combat The Democrats seem to be trying to That is why I sought unanimous con- this. Prevailing concern among women change the subject of how their ideas sent to have this amendment debated with wage discrimination indicates

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2220 CONGRESSIONAL RECORD — SENATE April 8, 2014 that there is more work to do. That is league’s amendment, the Workplace more time off to have time to care for why I have worked with Senator COL- Advancement Act, as well as a provi- their children or more time to care for LINS, Senator AYOTTE, and Senator sion that would allow greater flexi- an elderly parent, then private sector MURKOWSKI to file an amendment to bility for employees with comp time— employers will have the same ability modernize key portions of that 51-year- the same that is enjoyed by those in to enter into those agreements volun- old Equal Pay Act. the public sector—and my colleague tarily with their employees, to give Our proposal prevents retaliation from South Dakota who has a strong their employees more flexibility in the against employees who inquire about, amendment to help create a better cli- workplace. discuss or disclose their salaries. It re- mate for job creation and more oppor- What we know is that today nearly 60 inforces current law which prohibits tunity in this country—if this is such a percent of working households have pay discrimination based on gender, serious issue, which I agree this is an two working parents. I happen to live and it requires employers to notify the important and serious issue, then why in one of those households, and we employees of their rights, but we don’t is it these amendments are being struggle in our household to get to all stop there because I believe we need a blocked? Why is it we are not having a the events we want to get to for our solution that addresses both discrimi- legitimate debate? Unfortunately, children. I have a 9-year-old and a 6- nation and the opportunity gap or the what I fear is that an important and le- year-old, and this is a huge challenge need to provide both men and women gitimate issue is being turned into a that so many parents face. with good-paying jobs. political ploy of election-year politics. So the Family Friendly and Work- Our amendment consolidates duplica- I share the sentiments of my col- place Flexibility Act, which is an tive job training programs and it pro- league from Nebraska. I am very dis- amendment Senator MCCONNELL of- vides Federal grants to States for the appointed by this. In fact, one of the fered earlier, that I am a proud cospon- creation of industry-led partnerships. concerns I have about the bill pending sor of, would provide this needed flexi- This program is meant to provide to on the floor—the so-called Paycheck bility for employees, workers, and let women and men who are underrep- Fairness Act—is that it will actually them decide with their employer resented in industries that report have the impact of reducing flexibility whether they would like to receive worker shortages with the skills they for working families. It could have the more comp time. Right now public sec- need to compete. Such industries in- impact of reducing the ability of em- tor employees have the right to do clude manufacturing, energy, transpor- ployers to award merit pay. this. They have this flexibility. It tation, information technology, and I had the privilege of serving as the seems we should provide the same legal health care. Importantly, no new first woman attorney general in my framework allowing private sector em- spending is appropriated. State. Before I went to the attorney ployees this type of flexibility, with Unfortunately, my colleagues on the general’s office, I worked at a private more and more families trying to bal- other side of the aisle are blocking con- law firm. I have had the opportunity, ance both parents working and chal- sideration of what I believe is this very in the position in which I serve, to lenging circumstances in the work- commonsense amendment and a num- meet incredible women leaders in the place. ber of other Republican amendments health sector and in the business sec- In fact, some companies, such as that would also help with job creation. tor. There are many instances, frankly, Dell, Bank of America, and GE already This is nothing more than election where women, based on merit, have provide flexible workplace arrange- year politics. I find it very dis- outperformed their male colleagues. So ments to their salaried employees who appointing. As women and as law- what we don’t want to do is create and are exempt from the Fair Labor Stand- makers, we believe our proposal to di- pass a law that actually reduces the ards Act. What this would do is allow rectly address discrimination in the opportunity for employers in the work- these types of agreements to other em- workplace is reasonable, it is fact- place to reward merit because women ployees, to have access to the same based, and it is a great approach. More want the opportunity to earn more kinds of benefits, if they choose. It is government and more lawyers will not than men when they do a better job, their choice. This is giving families lead to more pay for women. just as my male counterparts want. more flexibility, more opportunity to Thank you. I yield the floor. That is one of my concerns about the deal with the challenges so many of us The PRESIDING OFFICER. The Sen- so-called Paycheck Fairness Act. are dealing with in terms of balancing ator from New Hampshire. That is why I very much appreciate work and family and wanting to be Ms. AYOTTE. Mr. President, I wish what I think is a better approach by good parents, wanting to be good at to praise my colleague from Nebraska my colleague, which reinforces the en- our jobs. for her leadership on the important forcement of laws that have been in It seems to me this is a commonsense amendment she has just described, the place, that rightly prohibits discrimi- amendment, and I am disappointed the Workplace Advancement Act, which nation based on sex in the workplace, majority leader would also block this will address legitimate issues to ensure including discrimination based on peo- amendment, as well as the excellent that laws we have had in place for half ple being paid differently even though amendment offered by my colleague a century, including the Equal Pay Act they are performing the same job, from Nebraska, and, obviously, the and title VII of the Civil Rights Act, where there are no merit differences. amendment that was offered—a very are enforced and that women are in- That is wrong. It is unacceptable. The good amendment—by my colleague formed of their rights in the workplace ideas of my colleague from Nebraska from South Dakota to deal with this to ensure what we all believe in, which are very good and I would hope the ma- underlying issue of creating a better is that women should be paid the same jority leader would allow a vote. climate of opportunity for women and for the same job. Frankly, as a woman, I would also like to discuss the men throughout this country. I would like the opportunity to out- amendment that was offered by Sen- I believe this is a serious issue. But if perform and to be paid more. ator MCCONNELL, of which I am a co- it is a real serious issue—which I think One of the concerns I have is about sponsor, that would provide working we all share a feeling of on both sides what I view the majority leader meant families with more flexibility in the of the aisle—then why is this being when he came to the floor and said workforce. In fact, what it would do is treated more like a political ploy in- that this was an important issue to allow the same options currently avail- stead of having a legitimate debate on them. If this is such an important able to those in the public sector to the floor? Why didn’t this go through issue, why didn’t they have a markup working families in the private sector. the regular committee process, where in the HELP Committee where every- It would allow workers—if they want people can offer their amendments and one could offer their amendments to to; and it is their choice—to receive have a markup that can improve and deal with this legitimate issue that I comp time instead of overtime pay so make sure we are addressing the under- believe my male and female colleagues they can have more time off if they lying issue? feel is important? Why is it that when want and they choose. This is all vol- To me, it is disappointing that the we have brought legitimate amend- untary. So if they want more time off Senate continues to operate in this ments to the floor, including my col- to go to that soccer game, if they want way because this is not the first time I

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 8, 2014 CONGRESSIONAL RECORD — SENATE S2221 have come to the floor or my col- political point rather than have a seri- overtime is not allowed to take comp leagues have come to the floor with a ous, meaningful, substantive debate time, not allowed to take flextime. legitimate amendment that is relevant about solving an issue. Even if she prefers it, her boss cannot to the bill that is pending on the floor, I yield the floor. even offer it without violating Federal yet have been blocked by the majority The PRESIDING OFFICER. The Sen- law. leader on an important issue. ator from Utah. Today, if a working mom or a work- I thank the Presiding Officer. Mr. LEE. Mr. President, I thank my ing dad stays late at the office on Mon- The PRESIDING OFFICER. The Sen- colleague, the Senator from South Da- day or Tuesday, and instead of receiv- ator from South Dakota. kota, for his leadership in this area. I ing extra pay wants to get com- Mr. THUNE. Mr. President, the Sen- agree with his comments and support pensated by leaving early on Friday ator from Utah has an amendment he those statements, along with the other and spend the afternoon with the kids, is going to speak to in a moment. I just actions taken by my colleagues from that kind of arrangement could well be want to say one thing. I appreciate the New Hampshire, Kentucky, and Ne- violating Federal law. That sounds un- observation made by the Senator from braska, in addition to others. fair, especially to parents, and it is un- New Hampshire Ms. AYOTTE with re- I too had an amendment I wanted to fair, especially to parents and their gard to this going through a regular present in connection with this legisla- children and everyone else. order process. If this were a serious dis- tion. I too offered that up and identi- It also seems like the kind of ar- cussion, there would have been an op- fied reasons why this is both relevant rangement that should not be prohib- portunity to have a debate at the ap- and germane to the legislation at hand. ited by Federal law but ought to be propriate committee, the HELP Com- Unfortunately, the majority leader saw perfectly acceptable. But how do we mittee. fit to block this, to object to it, to know that for sure? Well, we know that You just heard great presentations refuse altogether to allow the U.S. Sen- for sure because Congress gave a spe- by the Senator from Nebraska and the ate—which is supposed to be the cial exemption from that very law—the Senator from New Hampshire on world’s greatest deliberative legisla- law I just described a moment ago— amendments that they would like to tive body—to consider these or any of that is available only for government have considered and debated and voted the other amendments that were pre- employees. This is unacceptable. The on—substantive amendments that ad- sented along with them. same work-life options that have been dress what is at the heart of this issue. We are not asking for passage by made available by Congress itself to I think we all understand what this is unanimous consent. We recognize some government employees should be avail- about. I mentioned this morning on the people might not share our views. We able to the citizens they serve. floor the New York Times story from a recognize there might be a diversity of In May of last year, the House of couple weeks ago about what the inten- opinion within the body. We neverthe- Representatives responded to this def- tion is with regard to these issues. less believe, as U.S. Senators, we are icit in existing Federal law by passing Again, this is from the New York entitled to have these amendments the Working Families Flexibility Act, Times story, and I quote: ‘‘to be timed considered because they are relevant, sponsored by Representative MARTHA to coincide with campaign-style trips because they are germane. We also ROBY of Alabama, to equalize the comp by President Obama.’’ ‘‘Democrats con- think they should be considered be- time rules, existing within a govern- cede,’’ the Times reports, ‘‘that mak- cause they would benefit the American ment employment context, for all ing new laws is not really the point. people. workers. Last fall, I introduced com- Rather, they are trying to force Repub- This is the sort of thing we are sup- panion legislation in the Senate pro- licans to vote against them.’’ The arti- posed to do. It is what we do. What we posing to do exactly the same thing. cle goes on to say—and I quote again: are supposed to be doing as Senators is Now, today, I would like to offer an Privately, White House officials say they to be offering amendments and voting amendment that is modeled on this have no intention of searching for any grand on amendments to make legislation we same legislation to end this flextime bargain with Republicans on any of these consider better. You see, the amend- discrimination, this comp time dis- issues. ‘‘The point isn’t to compromise’’. . . . ment process can make a bad bill good crimination against private sector That is reporting from the New York or at least better, and that is exactly workers. You talk to any working mom Times, and quoting a White House offi- why we have an obligation to consider or any working dad and they will tell cial with regard to this. amendments. you they need more time. This is clearly designed as a political It is important to point out here that Now, Mr. President, as you well ploy, as my colleagues from New one of the reasons why I ran this know, we cannot legislate another hour Hampshire and Nebraska pointed out. amendment in the first place has to do in the day. If we could, I am sure it If we were serious about this, there with the fact that one of the struggles would have been done by now, and, would be an open process where we facing working families today is the frankly, I am a little surprised some- could consider amendments—amend- constant struggle moms and dads feel one has not tried it. But we know ments that improve and strengthen the as they try to juggle the work-life bal- mathematically it will not work. It legislation that is before us—and actu- ance. Parents today need to juggle would not do any good. But what we ally it would be a better approach to work, home, kids, community, and can do is to help working people so addressing the issue that is before us; other obligations they face. they can better balance the demands that is, to try to create better salaries, For many families, especially fami- they face—the demands of family and better wages, better opportunities for lies with young children, the most pre- work and community and every other women. I say that as somebody who is cious commodity parents have is time. demand they face. We can ease some of the father of two adult daughters who But today Federal labor laws severely, this pressure by removing an unneces- are both in the workplace. I want to and I believe unfairly, restrict the way sary, outdated, and manifestly unfair see them have every opportunity to ad- moms and dads and everyone else can Federal restriction on utilizing comp vance themselves and to maximize the use their time. That is because many of time in the private sector. potential they have. But we cannot do those laws were written decades ago— There are real problems in this that if we have policies coming out of decades ago—before the Internet ex- world. There are bad things that can be Washington, DC, that make it more isted; decades ago, when a number of and must be prohibited by Federal law. difficult, more expensive to create jobs, demographic factors were aligned But the fact that working parents that throw a big wet blanket on our much differently than they are today, would prefer, quite understandably, to economy, and stifle the growth we need when a number of social trends oper- spend more time with their families is to create those types of opportunities ated much differently in our economy not one of those things that needs to be for all Americans. than they do today. Because of these prohibited, nor is it one of those things The Senator from Utah is here. He is laws—these same Buddy Holly-era, that we should allow to continue to be going to speak to his amendment. But Elvis-era laws—because of these same prohibited, especially when it is pro- I think it is very clear what this is antiquated laws that need to be up- hibited in a patently unfair discrimina- about; that is, simply trying to score a dated, an hourly employee who works tory fashion—one that inures to the

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2222 CONGRESSIONAL RECORD — SENATE April 8, 2014 benefit of government employees, in- but a construction shutdown that could eryone—including our big businesses, ures unfairly to the detriment of every- ramp up when our highway trust fund so they can move their products quick- one else. reaches critically low levels. ly and efficiently—and make our bro- Congress needs to stop punishing It will get worse and worse if we do ken Tax Code a bit fairer in the proc- America’s moms and dads for wanting not solve the problem. So I have come ess. We can start by taking a close look the same fair treatment that govern- to the floor today to call on my col- at the tax loopholes House Republicans ment employees are able to receive leagues, Democrats and Republicans, have proposed closing in Chairman through comp time and flextime pro- to work together to avert this looming CAMP’s recent plan. grams. The United States of America crisis and to do it in a commonsense Replenishing the highway trust fund deserves to have amendments like this way that gives our States the with revenue by closing wasteful cor- one, and other amendments, that multiyear certainty they need to plan porate loopholes will provide multiyear would make our laws less intrusive, projects, to invest in their commu- funding so we can provide our States less oppressive, less unfair, that would nities, and to create jobs. with the certainty they need to plan. lead to the development of a more fair, Since the mid-1950s our Nation has That kind of certainty has been absent just economy, and a more fair, just sys- relied on the highway trust fund to for a long time. It has forced States to tem of laws. support transportation projects that hold off on bigger projects that will We are never going to be able to get create jobs and keep our economy mov- help create jobs and long-term eco- there if we are not even allowed to de- ing. The fund helps to repave our roads nomic growth. bate and discuss and vote on it, con- so they are not pockmarked with pot- I am very hopeful that Democrats sider, much less pass, amendments. It holes. It helps congestion on our Na- and Republicans can work together to is time to restore the Senate to what it tion’s highways, and it helps repair restore some certainty to States was always intended to be, which is the bridges that are outdated and unsafe. around our country. I know bipartisan world’s greatest deliberative legisla- But as soon as July—just a few support is possible, especially on an tive body. That cannot happen when months from now—the Department of issue as important as this one. Since amendments like this one are categori- Transportation predicts the highway the highway trust fund’s inception cally blocked from consideration. We trust fund will reach a critically low under Dwight D. Eisenhower, Repub- must end this. We must do better. We level. If this is not resolved, construc- licans and Democrats have come to- can and we must and we will. tion projects to improve our roads and gether to invest in this national pri- I yield the floor and suggest the ab- our bridges could shut down and leave ority. Under Democratic and Repub- sence of a quorum. workers without a paycheck. lican Presidencies—from President The PRESIDING OFFICER. The We are already seeing some con- Clinton to President Reagan to Presi- clerk will call the roll. sequences from this crisis. In Arkan- dent Clinton—we updated and sup- The assistant legislative clerk pro- sas, 10 construction projects, such as ported the highway trust fund. Even 2 ceeded to call the roll. building highway connections and re- years ago in a hyperpartisan election Mrs. MURRAY. Mr. President, I ask placing bridges, have already been put year, Congress reached a bipartisan unanimous consent that the order for on hold. The State of Colorado wants agreement so that we could continue to the quorum call be rescinded. to widen a major highway to ease con- build the roads and bridges and transit The PRESIDING OFFICER. Without gestion between Denver and Fort Col- systems our communities need. In the objection, it is so ordered. lins, but officials say that with this past Republicans and Democrats have HIGHWAY TRUST FUND funding shortage in the highway trust stepped up to support our workers and Mrs. MURRAY. Mr. President, last fund, that project could be delayed. make sure we can invest in our trans- October families and communities These are not isolated cases. States portation systems that put workers on across our country were forced to en- from Vermont to California might have the job and help businesses move their dure a completely unnecessary govern- to stop construction in its tracks be- goods and help our economy grow. There is no reason to wait until the ment shutdown. Coming after years of cause of this highway trust fund short- last minute to get this done. The budget uncertainty and constant cri- fall. threat is growing on our construction ses, the shutdown hurt our workers and This crisis will also cut jobs. As we sites and for jobs across the country. threatened our fragile economic recov- all know, construction is at its peak in We have to give our States and our ery. It shook the confidence of people the summer months. But without fund- communities the confidence that Con- across the country who expected their ing States may have no choice but to gress will not push them into another elected officials to come together to stop construction and leave workers crisis. avoid such a needless and self-inflicted without a job. That is going to hurt Six months ago our communities and crisis. It was a dark time here in Con- communities with needless delays on families endured a needless govern- gress. I think many of my colleagues the very improvements that would help ment shutdown. Americans are sick regret letting the tea party minority our businesses and spur economic and tired of the dysfunction of Wash- push us into that. growth. ington, DC, and constant crises. There When the shutdown finally ended, I This is unacceptable. It is unneces- is no reason for Congress to put them sat down with House Budget Com- sary. Congress needs to work to avoid through anything even remotely simi- mittee chairman PAUL RYAN in a budg- this construction shutdown. There is lar, especially over transportation et conference that many of us had been no reason—none—to lurch to another projects that will benefit our families, trying to start for months. We worked avoidable crisis when workers and fam- our communities, and our economy. through the issues. We compromised. ilies across the country are struggling. We must act to prevent a construc- We reached a 2-year budget deal that We need to ensure that construction tion shutdown this summer. Let’s build rolled back the devastating cuts from can continue this summer. We need to on the common ground that Democrats sequestration. We prevented another support workers. We need to deliver a and Republicans share on this issue. government shutdown and restored multiyear solution for the highway Let’s work together to show the Amer- much needed certainty to the budget trust fund. ican people that Congress can act to process. Fortunately, we can solve this in a support our workers, families, and That budget deal was a strong step in way that should have bipartisan sup- communities. Let’s prevent a construc- the right direction, but it was not the port. President Obama and House Re- tion shutdown and give the highway only step Congress needs to take to publican DAVE CAMP, who chairs the trust fund some certainty. We need to create jobs and economic growth. It House Ways and Means Committee, make sure our States can keep invest- was not the only step we need to take have proposed using corporate revenue ing in jobs and economic growth at this to ensure that we do not lurch to an- to shore up the highway trust fund. critical time. other avoidable crisis because if Con- That approach makes a lot of sense. By I yield the floor, and I suggest the ab- gress does not act, we are headed to- closing wasteful corporate tax loop- sence of a quorum. ward another crisis in just a few holes, we can support improvements to The PRESIDING OFFICER. The months—not a budget crisis this time our roads and bridges that benefit ev- clerk will call the roll.

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 8, 2014 CONGRESSIONAL RECORD — SENATE S2223 The legislative clerk proceeded to Rockefeller Stabenow Warner really all about. It gives everyone, re- call the roll. Sanders Tester Warren gardless of their gender, the tools they Schatz Udall (CO) Whitehouse Mrs. MURRAY. Mr. President, I ask Schumer Udall (NM) Wyden need to help end gender discrimination unanimous consent that the order for Shaheen Walsh in pay and hold those engaged in dis- the quorum call be rescinded. NAYS—28 criminatory behavior accountable. That is really what it is all about, and The PRESIDING OFFICER. Without Barrasso Inhofe Rubio objection, it is so ordered. Boozman Johanns Scott we will have a chance very soon to Mrs. MURRAY. I ask that all time be Burr Johnson (WI) Sessions vote. yielded back. Cochran Kirk Shelby I hope we would all agree that dis- Cornyn Lee The PRESIDING OFFICER. Without Thune crimination because of gender or for Cruz McCain Toomey objection, it is so ordered. Enzi McConnell any reason has no place in our society. Vitter Yet too many Americans rightly feel Fischer Moran Wicker f Graham Paul they are trapped in a rigged game Grassley Roberts EXECUTIVE SESSION where heads, the privileged and power- NOT VOTING—1 ful win, and tails, everybody else loses. Coburn When it comes to pay, we know the system is rigged against women. NOMINATION OF NEIL GREGORY The nomination was confirmed. Today, in 2014, women still only make KORNZE TO BE DIRECTOR OF The PRESIDING OFFICER. The ma- 77 cents for every dollar compared to a THE BUREAU OF LAND MANAGE- jority leader. MENT man doing exactly the same work. VOTE ON KLOTZ NOMINATION That is the national average. It is even Mr. REID. Madam President, what is worse in many places around the coun- the pending business? NOMINATION OF FRANK G. KLOTZ try. Frankly, it is even worse for The PRESIDING OFFICER. There is women of color, with African-American TO BE UNDER SECRETARY FOR now 2 minutes of debate prior to a vote NUCLEAR SECURITY women getting paid even less and on the Klotz nomination. Latinas doing worse still. The PRESIDING OFFICER. Under Mr. REID. Madam President, I yield My colleagues and I have been speak- the previous order, the Senate will pro- back the time. ing on the floor today not just because ceed to executive session to consider The PRESIDING OFFICER. All time we are voting on the Paycheck Fair- the following nominations, which the is yielded back. ness Act tomorrow but also because clerk will report. The question is, Will the Senate ad- today is what we are calling Equal Pay The legislative clerk read the nomi- vise and consent to the nomination of Day. April 8 is the day women finally nations of Neil Gregory Kornze, of Ne- Frank G. Klotz, of Virginia, to be catch up. When you look at all the vada, to be Director of the Bureau of Under Secretary for Nuclear Security? work that was done during the whole Land Management, and Frank G. The nomination was confirmed. calendar year of 2013, and then add Klotz, of Virginia, to be Under Sec- The PRESIDING OFFICER. Under January, February, and March through retary for Nuclear Security. the previous order, the motions to re- April 8, that is how long it has taken The PRESIDING OFFICER. Without consider are considered made and laid women to make the same income as a objection, all time has been yielded upon the table. The President will be man in the same job who worked last back. immediately notified of the Senate’s year. A woman has to work 1 year, 3 Mrs. MURRAY. I ask for the yeas and action. months, and 8 days in order to earn the nays. f same amount as a man who has worked The PRESIDING OFFICER. Is there a LEGISLATIVE SESSION 1 year. That is just not right, and that sufficient second? is what this debate is all about. There appears to be a sufficient sec- Some people say we are just talking ond. PAYCHECK FAIRNESS ACT— about pennies on the dollar and dismiss The question is, Will the Senate ad- MOTION TO PROCEED—Continued the issue as nonsense or worse. Those pennies add up—hour after hour, day vise and consent to the nomination of The PRESIDING OFFICER. The Sen- Neil Gregory Kornze, of Nevada, to be after day, week after week, year after ator from Michigan. year. Director of the Bureau of Land Man- Ms. STABENOW. Madam President, I agement? In my home State of Michigan, pay believe we are done with the voting at discrimination robs the average work- The clerk will call the roll. this point. The legislative clerk called the roll. ing woman and her family of more than The PRESIDING OFFICER. We are in $13,000 in wages every single year— Mr. CORNYN. The following Senator legislative session. is necessarily absent: the Senator from $13,000 out of their pocket just because Ms. STABENOW. Madam President, I they are a woman rather than a man in Oklahoma (Mr. COBURN). would like to talk for a moment about The PRESIDING OFFICER (Ms. WAR- the same job. While these women are the critical importance to women and working for discounted wages, they REN). Are there any other Senators in families across Michigan and the coun- the Chamber desiring to vote? certainly don’t get a 23-percent dis- try of ending pay discrimination count on their gas. They don’t pay 23 The result was announced—yeas 71, against women so women will finally nays 28, as follows: cents less on every dollar at the gro- get equal pay for equal work. cery store or when the rent or the [Rollcall Vote No. 102 Ex.] I was so proud to see so many col- mortgage comes due. YEAS—71 leagues on the floor earlier today, in- In fact, I have a chart to show what Alexander Crapo Klobuchar cluding the distinguished Presiding Of- the average working woman and her Ayotte Donnelly Landrieu ficer, speaking about the importance of family in Michigan could buy with the Baldwin Durbin Leahy Begich Feinstein Levin women being able to earn a full dollar $13,000 a year she has worked hard Bennet Flake Manchin instead of 77 cents on every dollar. every day to earn but never sees in her Blumenthal Franken Markey Part of giving everyone in this coun- paycheck. She could buy just over 2 Blunt Gillibrand McCaskill try a fair shot to get ahead is not only Booker Hagan Menendez year’s worth of food for her family. She Boxer Harkin Merkley making sure they are getting paid a could pay for almost a year on her Brown Hatch Mikulski fair wage, which we are fighting to mortgage and utility. Can you imagine Cantwell Heinrich Murkowski make sure happens, but also to make that? Mortgage and utility payments Cardin Heitkamp Murphy Carper Heller Murray sure they are not getting paid less sim- go right out the window because she is Casey Hirono Nelson ply because of their gender. If some- not getting equal pay for equal work. Chambliss Hoeven Portman body is working 40 hours a week, they She could buy almost 3,500 gallons of Coats Isakson Pryor ought to be paid the same for 40 hours gasoline for her car. That is enough gas Collins Johnson (SD) Reed Coons Kaine Reid a week if it is the same job. That is for me to drive back and forth from De- Corker King Risch what the Paycheck Fairness Act is troit to Los Angeles more than 16

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2224 CONGRESSIONAL RECORD — SENATE April 8, 2014 times. That is how much a woman put on her credit card. Her story under- and tuition for her son or daughter to loses in her pay every year because of scores why we need to pass this vital be able to go to college, and all of the discrimination and lack of equal pay legislation before the Senate. other things we want for our families. for equal work. But gender discrimina- Kerri not only lost out on her pay at What this chart shows just isn’t good tion is not just about numbers on a her job week after week, month after enough. We want the full dollar, be- page. In fact, it is not about numbers month, she will lose out on Social Se- cause 77 cents on every dollar is not on a page. It is about real women who curity benefits for the rest of her life enough. If we truly reward work, it are working hard, who have suffered as well. This is not fair. It is not how shouldn’t matter if a person is a man and continue to suffer, because we have things should work. Kerri deserves a or a woman. A person’s work should be not given women and their families the fair shot, and she has not been given it. equally rewarded for the same jobs. It tools they need to make sure they can We have heard other stories such as is time the Senate come together—and get equal pay for equal work. That is Kerri’s before, and one of those was we are going to have a chance to do what this is about: knowing what your that of Lilly Ledbetter, who worked that—to pass the Paycheck Fairness coworkers in the workplace are making hard at a Goodyear tire plant and was Act. It is right for women and their so you can find out whether you are discriminated against for nearly 20 families. It is right for our economy. It being paid fairly—the information, the years. She did not realize, again, that is simply the right thing to do. tools women need. she was being paid less. Just as with Thank you, Madam President. Let’s be clear. Women aren’t the only Kerri, she will never get the Social Se- The PRESIDING OFFICER. The Sen- ones paying the price for wages lost curity benefits she would have earned ator from Iowa. and benefits denied. Gender discrimina- if she hadn’t been paid less for just FAIR SENTENCING ACT tion in pay costs everybody in the fam- being a woman. The law that bears her Mr. GRASSLEY. Madam President, ily. The cost of gas is for everybody in name—the Lilly Ledbetter Fair Pay there are reports that after we return the family. The cost of food is for ev- Act—was a huge step in the right direc- from either this break or the next, the erybody in the family. The inability to tion. But today more than 50 years Senate may take up the so-called Fair buy some extra sports equipment or after we passed the Equal Pay Act— Sentencing Act, so I rise today to start clothing or pay for the cost of college imagine, 50 years ago we thought we discussing this bill with my colleagues, affects everybody in the family. I hear dealt with this; 50 years ago, the Equal particularly those who do not serve far too many stories about this prob- Pay Act—and 5 years after we passed with me on the Judiciary Committee. lem from my constituents in Michigan. the Lilly Ledbetter Fair Pay Act, we Over the past 30 years, this Nation Linda from South Lyon wrote to tell still have so much work to do to make has achieved tremendous success in me her story. Not only does she make sure women are actually receiving cutting crime. There are fewer victims less than her male counterparts, but a equal pay for equal work. who suffer fewer physical and financial senior executive even bragged to her It was a great day when the Lilly injuries. Neighborhood safety has im- that he hires women because he can Ledbetter Fair Pay Act became the proved, reducing fear and helping eco- pay them less. This is 2014, and we have very first bill President Barack Obama nomic growth. These gains have been an executive who thinks it is OK to signed into law after he took office. I hard won. Congress played a major even say that. wish to thank the President for today role, enacting mandatory sentencing Last week I met Kerri Sleeman, an signing two Executive orders that will guidelines, mandatory minimum sen- engineer from Hancock, MI, who came help protect the employees of Federal tences, providing assistance to law en- to the Senate to testify about her contractors from pay discrimination. forcement, and building more prisons. story. I have to say, in Hancock, MI, As the President has said, he doesn’t The mandatory guidelines, combined we still have 20 feet of snow. This is the want his daughters or anyone’s daugh- with abolishing parole, led to lengthier Upper Peninsula of Michigan. One has ters to be paid less just because they sentences, and what is fair about it all to be tough to live in beautiful Han- are women. I agree. I know the Pre- is that we have fewer disparities in sen- cock, MI, and have a lot of great winter siding Officer does as well. tencing. No longer would the sentence clothing. But it is an absolutely gor- Now we must do our part here in the depend on whether the criminal faced a geous place. Senate to make sure all Americans tough or a lenient judge, and factors Kerri was working for an auto parts have the tools they need to protect such as the defendant’s race and in- supplier that was forced into bank- themselves from this form of discrimi- come could not be taken into account. ruptcy in 2003. As with the company’s nation and hold those responsible ac- Unfortunately, the Supreme Court, other employees, she had to be in- countable. applying novel readings of the Con- volved in the bankruptcy process to get This is not about special protections. stitution, struck down mandatory sen- her last paycheck and the other wages In fact, I find any language—any dis- tencing guidelines. As a result, Federal she was owed. One day she received an cussion of ‘‘special protections’’—so of- judges are departing downward from update from the bankruptcy court fensive, as I know women in Michigan the guidelines, issuing shorter sen- about the claims against her former and across the country do: somehow tences and injecting more disparity company and she made a shocking dis- protections because we want to go to into the system. States are reducing covery: All of the men she had been su- work and know we are being paid the their incarceration rates. While there pervising had been paid more than same as the person next to us, who just are probably multiple contributing fac- her—all of them. All of them. An engi- happens to be a man, and we are tors, crime rates recently have been neer in Hancock, MI. women. This is simply about treating rising. The only means left for Con- Kerri said: It was heartbreaking. It all Americans fairly. That is exactly gress to ensure that criminals are sen- was embarrassing. It was infuriating. what Democrats are committed to. We tenced to appropriate sentences then is And it will affect me for the rest of my want to make sure everybody has a fair mandatory minimums, now that the life. shot to get ahead. It has to start with Supreme Court has judged sentencing Can my colleagues imagine it? First, equal pay for equal work. That means guidelines as being unconstitutional. she is out of a job. She has to go to paying a fair wage, paying men and Those convicted of the manufacture, court just to get her paycheck, and women what they earn, and it means if sale, or possession with intent to dis- then, adding insult to injury, she finds a woman works 40 hours a week, she tribute, and importation of a wide out she has been discriminated against should get paid for 40 hours a week, not range of drugs, including heroin, co- for years without even knowing it. for 30 hours or 31 hours. caine, PCP, LSD, ecstasy, and meth- Kerri lost out on thousands of dollars The difference in pay simply because amphetamine may have their sentences in pay and benefits simply because she of gender discrimination really is the cut in half or even more from the cur- is a woman. As is the case for most difference. That $13,000 I talked about rent mandatory minimums. people, she could have used that earlier is the difference between wheth- Supporters of the bill say it allows money. She said she would have used it er a woman is able to fully benefit from for shorter sentencing only for ‘‘non- to help pay the copay for her husband’s her work and have what she needs to violent offenders.’’ I am going to prove heart surgery, which instead she had to put food on the table and gas in the car the bill does more than that. The term

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 8, 2014 CONGRESSIONAL RECORD — SENATE S2225 ‘‘nonviolent offenders’’ is highly mis- users offend at levels 3–4 times greater regarding the law, it is not taking ac- leading. First, that phrase conjures up than persons not convicted of drug tion in most situations where States people in jail for simple possession, and crimes.’’ He stated that criminal jus- have enacted laws decriminalizing this bill does not apply to simple pos- tice research shows that ‘‘releasing 1% marijuana, even though that is con- session at all, for any drug. of the current Bureau of Prison popu- trary to Federal law. Do you think the Second, the types of offenses the bill lation would result in approximately Obama administration would stand si- applies to are violent. Importing co- 32,850 additional murders, rapes, rob- lently by if a State enacted laws that caine is violent. The whole operation beries, aggravated assaults, burglaries, allowed guns, rather than drugs, to be turns on violence. Dealing heroin also auto thefts, and incidents of arson.’’ sold inconsistently with Federal law? involves violence or the threat of vio- So the empirical data are clear. Well, of course not. lence. Lower mandatory minimum sentences According to a story this week in the Third, the crime for which the de- mean increased crime and an increased Washington Post, one of the reasons fendant is being sentenced might have number of victims. Why would we, for the heroin epidemic is that mari- been violent. The mandatory minimum then, vote to increase crime and create juana decriminalization is leading sentence would be cut even if the more crime victims? growers to produce more heroin for im- criminal’s codefendant used a gun. Various police organizations answer portation into this country. That is be- Fourth, the criminal himself could that question by coming out against cause the availability of marijuana is have a violent history. Although the this bill. rising and consequently the price is bill does not apply to a drug crime for The National Narcotic Officers’ Asso- falling. So there is money available to which the defendant used violence, it ciation has written—and I will give you be spent elsewhere. So many who used does apply to criminals with a history a fairly long quote: to grow marijuana now can make much of violence. That is, the bill would per- As the men and women in law enforcement more money cultivating opium poppies mit a shorter mandatory minimum who confront considerable risk daily to for heroin export to this country. But where the defendant was not violent on stand between poison sellers and their vic- the administration supports this bill, this occasion, but was in the past. Sup- tims, we cannot find a single good reason to which allows judges to lower manda- porters of the bill never acknowledge weaken federal consequences for the worst tory minimum sentences for heroin im- offenders who are directly responsible for an that it would apply to drug dealers portation. Doesn’t that boggle the with a history of violent crime. egregious amount of personal despair, community decay, family destruction, and the mind? Other provisions of the bill expand expenditure of vast amounts of taxpayer dol- My conservative colleagues who the safety valve that allows judges to lars to clean up the messes they create. rightly oppose the administration’s impose mandatory minimum sentences End of quote from the National Nar- lawlessness in so many areas should on offenders with minimal criminal cotic Officers’ Association. think twice before supporting the ad- history. The bill’s proponents never The Federal Law Enforcement Offi- ministration here. They should oppose identify which violent offenders who cers Association has also come out a bill that gives judges additional au- fail to qualify for even the bill’s ex- against the bill. They stated: thority only for lowering sentences for panded safety valve should be able to It is with great concern that the Federal dealing, manufacturing, and importing receive the bill’s shorter mandatory Law Enforcement Officers Association views LSD, heroin, cocaine, ecstasy, and minimum sentences. any action or attempt . . . that would alter methamphetamine. And don’t pay attention to the or eliminate the current federal sentencing The National Association of Assist- smoke screen that the bill leaves the policy regarding mandatory minimum sen- ant United States Attorneys has coura- maximum sentence alone. Judges are tencing. geously disagreed with the public opin- not sentencing anywhere near the max- The mandatory minimum sentencing ion of their employer, the Department imum today. The whole point of the standard currently in place is essential to of Justice and Attorney General Hold- public safety and that of our membership. bill is to allow judges to ignore current er. The National Association of Assist- mandatory minimums for serious of- End of quote from the Federal Law ant United States Attorneys—and, re- fenses such as heroin importation and Enforcement Officers Association. member, these people are on the Fed- cocaine dealing, and sentence defend- Law enforcement is telling us that eral payroll enforcing and prosecuting ants to half the minimum they are now this bill would be bad policy and create under Federal law—this organization receiving. more crime victims, but it is also say- has written in opposition to the bill: ing that were this ill-considered legis- We know from the experience of the Mandatory minimums deter crime and States that when mandatory minimum lation to pass, the safety of police offi- help gain the cooperation of defendants in sentences are reduced, judges use their cers, who safeguard us, would be jeop- lower-level roles in criminal organizations to greater discretion only to sentence the ardized. How can we possibly do that to pursue higher-level targets. same or more leniently, even when the those who bravely protect us—our law They have been demonstrably helpful in re- drug offender has a history of violence. enforcement people? ducing crime. For instance, the State of New York The bill is particularly misguided in End of quote from the National Asso- changed its drug sentencing laws to light of current conditions concerning ciation of Assistant United States At- give judges more discretion. Judges drug use. We are in the midst of a her- torneys. began in the overwhelming majority of oin epidemic right now. Deaths from So why on Earth, then, would we cut the cases to sentence offenders to the heroin overdoses in Pennsylvania are sentences for sellers and importers of now lower minimum sentences. New way up. In the State of Vermont, the the worst drugs now plaguing our cit- York judges have sentenced drug of- Governor devoted this year’s entire ies, our suburbs, and even rural areas? fenders—even offenders with prior fel- state of the State message to the her- Not every mandatory minimum sen- ony convictions—to the lower mini- oin problem. Cutting sentences for all tence may be set at the perfect level. mums. Do we really want offenders heroin importation and dealing makes We should and can have a discussion such as these out on the streets earlier no sense at all considering the con- concerning lowering some sentences than is the case now, and while out cerns of these Governors and other and maybe even raising others—others there on the street to prey on our citi- State leaders and law enforcement peo- that probably should be raised, such as zens? That is what they will do. ple. for child pornography, terrorism, sex- Although supporters of the bill claim Now let’s turn to what the Obama ad- ual assault, domestic violence, and var- it will reduce costs, what it will really ministration thinks. Typical of its pat- ious fraud offenses. do is shift costs from prison budgets to tern of disregarding the law across a We can reduce jail time but not sen- crime victims. large range of areas, this administra- tences. Many States have done this for As Professor Matt DeLisi of Iowa tion refuses to charge some defendants inmates whose risk assessments and State University testified before our for crimes they duly committed if behavior in jail, including successful Judiciary Committee, juvenile drug doing so would subject them to manda- completion of programs proven to re- use is the best predictor of chronic of- tory minimum sentences. Typical with duce recidivism, earn our confidence fending and that, in his words, ‘‘drug this administration’s pattern of dis- that these people, out of prison, are

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2226 CONGRESSIONAL RECORD — SENATE April 8, 2014 less likely to reoffend. But we should would earn each year if it were not for KULSKI, my colleague from Maryland, not cut sentences up front for serious pay discrimination. for her extraordinary leadership on pay offenders such as heroin dealers. We As Governor, I signed a law to pro- equity issues, on this particular issue should not do so where these offenders hibit gender-based pay discrimination of paycheck fairness, and for the work have a history of violence. We should in New Hampshire and to require equal she has done throughout her whole ca- not drastically cut the only tool we pay for equal work. In the year before reer as a real leader on gender issues. have to reduce sentencing disparities that law was signed, women in New As Senator SHAHEEN pointed out, among judges. Hampshire made 69 percent of their today is Equal Pay Day, and the reason The mislabeled Fair Sentencing Act male colleagues’ wages. Today, in New for that is women, on average, earn is the wrong answer to the problems we Hampshire, they make 78 percent, so about 77 percent of what a man earns face. I hope the Senate will not take up we make about 1 penny more in New for doing the same work. We are not this bill, but if it does, my colleagues Hampshire than national average. But talking about different work, but we should take a clear-eyed look at this at this rate, my granddaughters—some are talking about doing the exact same very dangerous bill and oppose it, as I of whom are still in grade school—will work that women are discriminated will. enter and leave the workforce before against in the amount of compensation I yield the floor and suggest the ab- we achieve equal pay for equal work. they receive. So on average women sence of a quorum. The estimate is that if we continue at have to work 3 additional months The PRESIDING OFFICER. The this rate, it will be 2056 before we every year to earn the same amount of clerk will call the roll. achieve equal pay for equal work. money a man earns for doing the same The assistant legislative clerk pro- Today on Equal Pay Day, I call on work. That is not right and it needs to ceeded to call the roll. Congress to pass the Paycheck Fair- change. Mrs. SHAHEEN. I ask unanimous ness Act so that all of our daughters, Today I was at the White House with consent that the order for the quorum granddaughters, their husbands, fami- the President and some of our col- call be rescinded. lies, and their children can get a fair leagues. Lilly Ledbetter was there. I know the Presiding Officer recalls that The PRESIDING OFFICER. Without paycheck. This commonsense legisla- Lilly Ledbetter has been one of the real objection, it is so ordered. tion would update the Equal Pay Act leaders on pay equity. She worked at Mrs. SHAHEEN. More than 50 years to require that pay differences be based Goodyear for over 20 years, and after ago, President Kennedy signed the on legitimate business reasons, and it being there for two decades she found Equal Pay Act, making equal pay for would protect women so they can’t be out from one of her coworkers—who equal work the law of the land. Yet penalized by their employers for dis- anonymously passed along information wage discrimination still persists. cussing their salaries. Pay discrimina- to her about what people were mak- Today women continue to be paid just tion is not fair, it is not right, and it ing—that for 20 years she was receiving over three-quarters of what their male needs to end. less compensation for doing the exact counterparts receive for performing I urge all of our colleagues to support same work her male counterparts were the same work. More women than ever the Paycheck Fairness Act. doing. She had no idea about this. before are graduating from college, but I yield the floor. There was no justification for the dif- over the course of their careers they The PRESIDING OFFICER. The Sen- ference. So she decided she would do will each make an average of $1.2 mil- ator from Maryland. something about it, not just for herself lion less than a man with the same Mr. CARDIN. I thank Senator SHA- but for those who are in the workplace level of education. HEEN for her leadership on these issues Unfortunately, that is not unique. and so many other issues in the Sen- and should be treated fairly. So she filed an action and she took Across a wide array of industries and ate. I listened to the Senator’s com- this case all the way to the Supreme with all different occupations, well- ments and I fully concur in the infor- Court of the United States, but guess qualified women continue to earn an mation the Senator has brought for- what the Supreme Court did. They average of 77 cents for each dollar that ward, that paycheck fairness is not said: Lilly Ledbetter, you are right. our male counterparts earn, regardless just a matter of fairness for women, it You were discriminated against. You of performance or educational back- is a matter of fairness for our country. were paid less because of your gender, ground. Pay discrimination hurts Not only will women benefit, our econ- but guess what. Because it has been women, it hurts families, and it hurts omy will benefit and our country will going on for so long, you don’t have our economy. benefit by making sure that equal pay any remedy. Now that is absolutely ri- Back in the early eighties, I served for equal work is what happens in our diculous, that 5-to-4 decision of the Su- on New Hampshire’s Commission on country. preme Court. the Status of Women. During that pe- I thank the Senator, and I yield. That cost Lilly Ledbetter hundreds riod I chaired a task force on women’s Mrs. SHAHEEN. I thank Senator of thousands of dollars in lost com- employment in New Hampshire, and we CARDIN of Maryland and point out that pensation as a result of that discrimi- wrote a report about what we found. I know this is an area where he also natory action. So Congress took action Sadly, we found a lot of discrimination has worked very hard over many years. and changed that, and I was proud to against women in employment. At that It is the kind of issue that men and be part of the Congress that cast that time women were only making 59 cents women should be able to agree on. This vote. It was the first bill signed by for every $1 a man earned, but the con- is something that is not fair for President Obama shortly after he took clusion of our report was this was not women, but it is also not fair for their office, and I remember the pride we all only an issue for the women, it was an husbands and their sons. I know the had that we were able to take a major issue for their spouses, for their fami- Senator feels that way. Because when step forward on behalf of an enforce- lies, and for the economy of New your wife isn’t getting what she de- able right for women to be paid equal Hampshire. The same is true today. serves, then you and your family are pay for equal work. In 2011, women were the sole or pri- also hurt as a result. But the job wasn’t done. Tomorrow mary breadwinner in more than 40 per- Mr. CARDIN. It is not just my wife, we can take another giant step forward cent of households with children. Equal I also have two beautiful grand- by advancing, and I hope enacting, the pay for these women is not solely children, granddaughters, and they are Paycheck Fairness Act. I hope col- about a fair paycheck. It is also about going to do just fine, but I want to leagues on both sides of the aisle will paying for a visit to the pediatrician, it make sure they are treated fairly in support this legislation so we can con- is about being able to afford the pre- the workplace—and I want all people tinue to make progress down this road scription their children need, it is also treated fairly in the workplace. of equal pay for equal work. about paying the heating bills during a I thank Senator SHAHEEN. As I said, In the White House today President long winter or providing Internet ac- equal pay for equal work. Paycheck Obama took action on his own. As he cess so their kids can do their home- fairness is truly an American value. I has said he would, he used his Execu- work. There is a lot the average woman thank all our leaders here. I particu- tive power to do what he can to ad- could do with the extra $10,000 she larly want to acknowledge Senator MI- vance the cause of equality in this

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 8, 2014 CONGRESSIONAL RECORD — SENATE S2227 country. So he signed two Executive tion are similar to the remedies avail- the Senate as Administrator of the En- orders. The first is what we call the able to those who are discriminated vironmental Protection Agency. After sunshine executive order that will re- against based upon their race or na- just over 1 year at the EPA, Governor quire Federal contractors to allow tional origin. We have in place a way Leavitt was nominated and confirmed their employees to share information we can correct this. We know how to as the Secretary of Health and Human about their salaries. They can no use those tools. Let us also use them Services, where he served through the longer take retaliatory action because for those who have been discriminated end of the Bush administration. He is coworkers share their salary informa- against in their pay because of their the coauthor and author of several tion. The second Executive order will gender. books, and he has most recently served require contractors to provide informa- The legislation updates the Equal on Mitt Romney’s campaign as the tion to the Department of Labor as to Pay Act to make it more in line with head of Governor Romney’s transition what their salary and compensation class action procedures available under team. amounts are based on gender so there title VII of the Civil Rights Act of 1964. These accomplishments alone are can be a record to make sure employers This gives us an effective remedy to enough to warrant praise and admira- that are doing work for the Federal take care of a class of workers who tion for Governor Leavitt, but I would Government and that are benefiting have been discriminated against in the like to underscore the way in which he from the U.S. taxpayers are doing the workplace, and it also prohibits em- served in these positions to explain the right thing as far as equal pay for ployers—this is very important—from virtues of leadership and service. It has been said those who lead best lead by equal work. punishing or retaliating against work- These are two very important ers who share salary information. example, and Mike Leavitt is one of changes the President has instituted That is what the President did today those best leaders. He has continuously through the use of the power of the with the stroke of his pen for those focused on efficiency, relationships, professionalism, and improvement. White House. We can do something per- companies that do business with the These qualities are not only cultivated manent about it by the passage of the Federal Government. We can make it in Mike Leavitt personally, but they Paycheck Fairness Act. That is our re- universal in the workplace. We can are also fostered in all those with sponsibility, and I hope we will get shine a light on what is happening. As whom he works. that done. It will make a better Amer- former Supreme Court Justice Louis Governor Leavitt’s efforts to make ica. As we pointed out, yes, it is about Brandeis observed: ‘‘Sunlight is said to government work for the people—as women being treated fairly in the be the best disinfectant.’’ We strive for government always should work— workplace, it is about my two grand- greater transparency in our govern- stands as one of his greatest accom- daughters being treated fairly in the ment because we know that will help plishments. Such accomplishments workplace, but it is also about our provide a better government. So we often require innovation and entrepre- economy and it is about our values. It allow our workers to share information neurship, which Mike Leavitt learned is all of the above. without fear that they will be discrimi- prior to his governorship as the presi- I might also mention that it affects nated against or that actions will be dent and CEO of the Leavitt Group. An retirement security. Because women taken against them by their employer. example of this innovation is the emer- aren’t paid as much, they do not have Our mission as Senators is clearly gence of a new kind of education in the as much money when they retire. They written in the first few words con- mid-1990s. When many in the education are more strapped when it comes to tained in the preamble of the Constitu- sector were skeptical of the possibility how they spend their money. They tion. Our mission is to ‘‘form a more of online learning, Governor Leavitt have less money available for their re- perfect Union, establish Justice, ensure proposed a new idea for a competency- tirement security. Women over the age domestic Tranquility, provide for the based online university. He worked to of 50 receive only about 56 percent of common defence, promote the general gain the support of other Governors, what men of similar age receive in pen- Welfare, and secure the Blessings of and after many months of preparation, sion benefits because they haven’t Liberty to ourselves and our Pos- Western Governors University was es- earned as much. A good part of that is terity.’’ tablished. This institution was part of because they are not being paid fairly Paycheck fairness is essential for our Governor Leavitt’s mission to expand in the workplace. Paycheck fairness carrying out that mission. I urge my access to and reduce the cost of higher will certainly help. colleagues to support this very impor- education. Today WGU is recognized as We want to give a fair shot to every tant legislation. one of the most innovative and afford- woman in this country. Many are the I suggest the absence of a quorum. able universities in the country. sole support for their families. Elimi- The PRESIDING OFFICER. The Governor Leavitt encouraged his fel- nating the wage gap will provide $450 clerk will call the roll. low Utahns to avoid focusing on what billion of additional income into our The bill clerk proceeded to call the is wrong with America, a lesson we as economy. You know what that goes for. roll. Senators would do well to follow. He It goes to buy a new car or help pay for Mr. LEE. Madam President, I ask reminded Utahns to focus on what is their children’s education. It provides unanimous consent that the order for right with America, as he believes the wherewithal so women can go out the quorum call be rescinded. wholeheartedly in the greatness of our and pay their rent, their mortgage pay- The PRESIDING OFFICER. Without Nation. He once said: ‘‘In the history of ments, the wherewithal to take care of objection, it is so ordered. mankind, there has never been a nation their families. They can even put TRIBUTE TO GOVERNOR MICHAEL O. LEAVITT as admired, as willing and as capable of money away for retirement so they Mr. LEE. Madam President, this inspiring and fulfilling hope.’’ The dig- have the security they need after they week the Salt Lake Chamber of Com- nified competence of that statement is retire. It helps to grow a middle class merce will honor my friend, the former needed in these Halls and needed in this country, and that is what we all Governor of Utah, Michael Leavitt, around the world today. should be about. with our Giant In Our City Award. I Utah was an example of such dig- So paycheck fairness helps give would like to take this opportunity to nified confidence in 2002 when the women a fair shot of equal pay for honor my fellow Utahn, whose example State hosted the Winter Olympics. equal work. It requires employers to as a public servant is instructive for all Governor Leavitt’s precision in pre- demonstrate that wage disparities be- those who wish to make a difference. paring the State for the games pro- tween men and women holding the Mike Leavitt, who is a native of duced a tremendous success not only same position and doing the same work Cedar City, was the 14th Governor of for Utah but also for our country. are not related to their gender. That the great State of Utah. He was hand- Working on the issues that are con- seems simple enough. Doing different ily elected to three terms as Governor, stitutionally reserved to the States work, obviously the pay is different. a feat that only one other Utahn has and to the people, Governor Leavitt Same work, why is there a difference? ever accomplished. In 2003, during his oversaw the expansion of Utah’s trans- The bill ensures the remedies avail- third term, he was nominated by Presi- portation network and managed facili- able to victims of gender discrimina- dent George W. Bush and confirmed by ties and lands with great care. He

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2228 CONGRESSIONAL RECORD — SENATE April 8, 2014 sought out skilled leaders to help in even worse tragedy. We are grateful for health issues, including mental health this grand effort, and thousands upon the military chaplain who shielded by- issues, need to get the care that is nec- thousands of Utahns volunteered standers and helped them reach safety. essary to bring them back to a full par- countless hours to make the 2002 Olym- In my State of Illinois, we are ticipation in life. pics one of the most successful Olym- mourning Army SGT Timothy Owens. Military families shouldn’t have to pic Games in history. He is from downstate, my neck of the struggle to put food on their table or a Multiple volumes of the CONGRES- woods, born in Effingham, IL, and roof over their heads. A grateful Na- SIONAL RECORD could be filled with ex- dreamed of being a soldier since he was tion can do a lot better than that. No amples of service and leadership exem- a little boy. He used to wear camou- member of the military who risked his plified by this great Utahn, especially flage and bomber jackets with sun- or her life overseas should have to from his years leading the EPA and glasses to look like a soldier, in hopes worry about losing his or her life on a HHS. However, in the interest of brev- that someday that would come true. military base in America. In the midst ity, I will simply say that this country He went to high school in Rolla, MO, of the tragedy last week many people needs more citizens like Mike Leavitt. where he met Billy, the young woman at Fort Hood acted nobly and coura- We need men and women who are able who would later become his wife. They geously, but something went terribly to focus on the details and simulta- were married just last August. wrong. neously think on a macro scale. We After high school Tim and his family We owe it to our servicemembers and need leaders who believe in our found- moved back to Effingham where Tim their families to understand how this ing principles and who make important worked and taught tae kwon do in the terrible loss happened so we can work decisions with those very same prin- local gym. In 2003 Tim Owens decided to make sure it does not happen again. ciples in mind. We need leaders who to pursue his life long dream. He en- Madam President, I yield the floor, will make government more efficient, listed in the U.S. Army. Sergeant and I suggest the absence of a quorum. more responsive, more deliberate, and Owens served proudly in Iraq and Af- The PRESIDING OFFICER. The more meaningful. Such meaningfulness ghanistan, and he recently signed up clerk will call the roll. may often require less from the Fed- for 6 more years. His tours in Iraq and The legislative clerk proceeded to eral Government. When action is re- Afghanistan gave him special under- call the roll. quired from us in this body, let pru- standing and empathy for other sol- The PRESIDING OFFICER. The Sen- dence, love for country, love for our diers who faced difficulties when they ator from Rhode Island. fellow beings and dedication to prin- returned home. He used his skill and Mr. WHITEHOUSE. Madam Presi- ciples, displayed so admirably by Gov- compassion in his work as a counselor dent, I ask unanimous consent that the ernor Mike Leavitt, be our guide. at Fort Hood helping veterans deal order for the quorum call be rescinded. Thank you, Madam President. I yield with post traumatic stress disorder and The PRESIDING OFFICER. Without the floor. other mental health challenges. It was objection, it is so ordered. The PRESIDING OFFICER. The Sen- a heartbreaking irony that Sergeant Mr. WHITEHOUSE. Thank you very ator from Illinois. Owens was killed when he tried to per- much. FORT HOOD suade the shooter at Fort Hood to lay CLIMATE CHANGE Mr. DURBIN. Madam President, it is down his weapon. Sergeant Owens was Madam President, I am now here for with a heavy heart that I rise today to 37 years old. the 64th time to ask my colleagues to speak about the tragic shooting last I offer my deepest condolences to wake up to the threat of climate week at Fort Hood. The shooting Sergeant Owens’ friends and family, es- change. It was almost exactly 2 years claimed the lives of three innocent peo- pecially his wife and his parents. Tim ago in April 2012 that I began speaking ple. One was a son of Illinois, and 16 Owens served America honorably, and I on the floor every week that the Sen- others were wounded. know they are proud of him. ate is in session. As chairman of the Defense Appro- We also pray for the families of the I have tried to make a compelling priations Subcommittee, I often begin other soldiers who lost their lives last case for my colleagues. First and fore- subcommittee hearings by quoting the week at Fort Hood and all those who most I have relied on the overwhelming Chairman of the Joint Chiefs of Staff, were injured. Losing soldiers on friend- scientific evidence and the near una- General Martin Dempsey. At his speech ly soil seems almost incomprehensible. nimity of the scientific community. at the National Press Club 2 years ago, Yet this is not the first time we have Ninety-seven percent of climate sci- General Dempsey spoke about the seen this sort of senseless death at a entists agree that the increase of car- number of challenges facing the mili- U.S. military facility. It is not even bon dioxide in our atmosphere due to tary, from Afghanistan to sequestra- the first time we have seen it at Fort human activities is driving unprece- tion, and the need to take care of our Hood. dented changes, and, of course, they troops when they transition to civilian Tomorrow at Fort Hood President are changes that Americans see all status. General Dempsey said: ‘‘No Obama will lead a memorial service to about them in their lives now. If 97 matter how well we address the other honor those who died last week. As we doctors told you that you needed sur- challenges’’—and I quote him—‘‘if we remember the soldiers who were lost gery, who among us in our right mind don’t get the people right, the rest of it and pray for those who were wounded, would heed the advice of the three doc- doesn’t matter.’’ we also need to ask ourselves if there is tors who said they were unsure and we His words reflect a basic truth. More more that we can do to protect the should delay the treatment? than weapons systems or stockpiles of members of our military and their fam- I have talked about global warming. ammunition, the strength of our mili- ilies. I have talked about the weirding of the tary and the security of America de- In the speech 2 years ago, General weather—heat waves, extreme pend on the men and women who vol- Dempsey said the vast majority of downpours, drought, shifting seasons. I unteer to risk their lives for us. servicemembers end up stronger from have talked at length about the dev- Investigators are still trying to un- the experience that they served. He astating toll on our oceans, which hold derstand what happened as an Army said: ‘‘They are disciplined, they are such peril in my home State, Rhode Is- specialist went on a shooting rampage courageous . . . they have a sense of land, the Ocean State. Our oceans are at Fort Hood. Press reports speculated purpose.’’ They are men and women we warming, rising, and becoming more on a host of possible motives, from should be very proud of, and we are. acidic, and all of that is undeniable. It mental health difficulties following a There are also a few who for some is measurable. It threatens our coastal recent deployment, grief over the death reason or another need help. Some may communities and marine species alike. of his mother, and even financial pres- bear invisible wounds from war. As we I have described the potential for sure. As we wait for the answers to this wind down our involvement in Afghani- deep economic disruption in industries tragedy, we are grateful for the dis- stan, our task as a Nation is to get all such as fishing and farming or inunda- cipline and bravery of the military po- of the people right, as General tion or wildfire. I have looked at the licewoman who confronted the shooter Dempsey reminded us. Servicemembers threat to human health. I have con- and cut short what could have been an and veterans who are struggling with veyed the deep concerns of corporate

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 8, 2014 CONGRESSIONAL RECORD — SENATE S2229 leaders who understand that climate I will quote: we cannot do while we are paralyzed by change is bad for business and of faith Climate change poses another significant false denial. leaders who appeal to our moral duty challenge for the United States and the Retired Army BG Gerald Galloway to conserve God’s creation and to spare world at large. . . . Climate change may ex- spoke of the risk extreme weather those who are most vulnerable to ca- acerbate water scarcity and lead to sharp in- events pose to military installations. tastrophe. I have answered the claims creases in food costs. The pressures caused He said: by climate change will influence resource of those in this Chamber who deny the competition while placing additional bur- When communities and installations are reality of climate change and the need dens on economies, societies, and governance unaware of their vulnerability to these for action, and I have called out the institutions around the world. events, the results can be disastrous. A fail- network of fossil fuel propaganda that The second installment of the cur- ure to be prepared shifts the military’s focus from maintaining a constant level of readi- seeks to mire this Congress in phony rent Intergovernmental Panel on Cli- manufactured doubt. ness to dealing with each of these climate mate Change assessment report, re- change impacts as they occur. Both floods I have been joined by colleagues who leased just last week, echoes what our and increased temperatures can bring train- share my commitment to rouse this own military leaders are already telling to a halt or restrict critical movements. Congress from its oil- and coal-induced ing us. According to the report, ‘‘Cli- This message was echoed by retired slumber, including the historic all- mate change can directly increase Army CPT Jon Gensler, who described night stand on the floor that reached risks of violent conflicts in the form of the difficulty of maintaining our readi- hundreds of thousands of Americans. civil war and inter-group violence by ness, particularly in responding to But unfortunately, it seems we still amplifying well-documented drivers of ever-increasing requests for disaster- have some ways to go. I could stand these conflicts such as poverty and eco- related humanitarian assistance. here until I am blue in the face sup- nomic shocks.’’ The consensus is clear from the peo- plying the Chamber with reasoned ar- In response to our changing climate, ple to whom we have entrusted our na- guments and scientific facts on climate the Department of Defense is con- tional security: Climate change is a se- ducting a comprehensive assessment of change, and some here in Congress rious threat to national security and to the risks to U.S. military installations. would ignore it because they reject in- global security for which we need to This is not a trivial effort and it is not formation from scientists and they ig- plan and prepare. That is the message being undertaken without cause. nore empirical evidence. Secretary of State John Kerry brought So maybe it is time to bring in some The Pentagon is also working with other nations to strengthen the net- to an audience in Jakarta, Indonesia, muscle—the American military. Cli- earlier this year. He said: mate change threatens our strategic work of humanitarian assistance for In a sense, climate change can now be con- interests, our military readiness, and disaster response. The reach of our military stretches to every corner of sidered another weapon of mass destruction, our domestic security in many ways. It perhaps the world’s most fearsome weapon of is a serious national security issue. the globe and so do the effects of cli- mass destruction. . . . The fact is that cli- Don’t take my word for it. Our top mate change. Our commanders recog- mate change, if left unchecked, will wipe out military commanders and strategic nize the need to adapt in every theater. many more communities from the face of the planners at the Department of Defense Much has been made of the U.S. mili- earth. And that is unacceptable under any say so. tary and diplomatic pivot to the Pa- circumstances—but it is even more unac- Four years ago the Department of cific region. While ADM Samuel J. ceptable because we know what we can do Locklear, commander, U.S. Pacific and need to do in order to deal with this Defense released the Quadrennial De- challenge. fense Review, clearly linking for the Command, has called climate change first time climate change and national the biggest long-term security threat Yet Congress sleepwalks, refusing to security. The 2010 review concluded in the Pacific because it ‘‘is probably listen, refusing to speak of it, refusing that the effects of climate change can the most likely thing that is going to to act when duty calls us to act, when contribute to increases in regional in- happen . . . that will cripple the secu- history calls us to act, and when de- stability driven by demand for food, rity environment, probably more likely cency calls us to act. water, and natural resources, and to than the other scenarios we all often I have a book in my office written by extreme weather events which will in- talk about.’’ The head of our Pacific Geoffrey Regan. It is entitled ‘‘Great crease the need for humanitarian aid command is describing this as the most Naval Blunders: History’s Worst Sea and disaster relief, both within the likely thing to happen to cripple the Battle Decisions from Ancient Times U.S. and abroad. security environment. to the Present Day.’’ It is an inter- Then-Chairman of the Joint Chiefs of The threat extends from pole to pole. esting book to read. It is a long history Staff Admiral Michael Mullen put it Former Supreme Allied Commander of episodes of folly and error that have this way. I will quote him: and Commander of U.S. Forces in Eu- ended in disaster. It contains the ac- rope James Stavridis is wary of the on- count of a fleet of British naval ships The scarcity of and potential competition docked at harbor as a great typhoon for resources like water, food, and space, going reduction in Arctic sea ice. He compounded by the influx of refugees if states, ‘‘This will present potential bore down on them. The ships’ captains coastal lands are lost does not only create a problems, from oil spills, dangers to knew the typhoon was so strong that it humanitarian crisis, but it creates condi- wildlife, search and rescue for commer- would tear the ships loose from their tions of hopelessness that could lead to cial shipping and tourist boats, and anchors and wreck them. They knew failed states and make populations vulner- open zones of maneuver for the navies their only safe strategy was to up an- able to radicalization. of the Arctic nations to interact.’’ chor, head out of the harbor, and try to That is the U.S. Chairman of the Our American military leaders are weather the storm at sea, but none of Joint Chiefs of Staff. clear in sounding this alarm. In Con- the captains wanted to be the first ship Last year 9 retired generals and ad- gress some of us are taking these warn- to leave the port so they all stayed and mirals joined 17 former members of the ings seriously. The Bicameral Task the typhoon swept down and they were House and Senate and several former Force on Climate Change, which I lead destroyed. cabinet level officials and issued this with Congressman WAXMAN, invited na- Regan calls this ‘‘an error of judg- warning. They said: tional security experts to share their ment that will forever remain a par- The potential consequences to climate perspective on climate change. Retired adox in human psychology.’’ We can change are undeniable, and the cost of inac- Marine Corps Brig. Gen. Stephen Che- make those kinds of errors of judg- tion, paid for in lives and valuable U.S. re- ney is CEO of the American Security ment, and for those captains and crews, sources will be staggering. Project, founded in 2005 by former Sen- the error was fatal. Facing certain de- The 2014 Quadrennial Defense Review ators John Kerry, Chuck Hagel, Gary struction, those sea captains refused to was released last month in tandem Hart, and Warren Rudman. He stressed take the action that they knew was with the Department of Defense budget that climate change is not a new issue necessary to save their ships, to save request, and it is just as straight- within national security issues and themselves, and to save their crews. forward in its warnings on climate that the United States must engage I think of that story as we stand in change. the world on this issue, which of course the Senate unable to respond to what

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2230 CONGRESSIONAL RECORD — SENATE April 8, 2014 is looming down on us from climate United States Circuit Judge for the Ninth The PRESIDING OFFICER. The change. The science could not be clear- Circuit. question is on agreeing to the motion. er. It is grownup time around here, and Harry Reid, Patrick J. Leahy, Debbie The motion was agreed to. we need to take it seriously. The fact Stabenow, Jack Reed, Christopher A. Coons, Patty Murray, Elizabeth War- f that one side of the aisle can’t even use ren, Richard J. Durbin, Mazie K. the word ‘‘climate change’’ is a terrible Hirono, Sheldon Whitehouse, Richard sign. Blumenthal, Barbara Boxer, Kirsten E. UNANIMOUS CONSENT AGREE- John Wayne, a great American actor Gillibrand, Charles E. Schumer, John MENTS—EXECUTIVE CALENDAR whom we all know, had a number of D. Rockefeller IV, Bernard Sanders, Mr. REID. Mr. President, I ask unan- wonderful roles in his life. One of John Cory A. Booker. imous consent that at a time to be de- Wayne’s roles was to play Sergeant Mr. REID. Madam President, I ask termined by me, in consultation with Stryker in the movie ‘‘Sands of Iwo unanimous consent that the manda- Senator MCCONNELL, this week, the Jima.’’ In that movie, Sergeant tory quorum under rule XXII be Senate proceed to executive session to Stryker had a memorable phrase: ‘‘Life waived. consider Calendar No. 649; that there be is tough, but it’s tougher if you’re stu- The PRESIDING OFFICER. Without 1 hour for debate, with 15 minutes pid.’’ We have all the information in objection, it is so ordered. under the control of the Democratic front of us that we need to avoid being f leader or his designee and 45 minutes stupid. Collectively, that is what we under the control of the Republican are being. Similar to those captains, LEGISLATIVE SESSION leader or his designee; that upon the knowing what is bearing down on us, Mr. REID. I move to proceed to legis- use or yielding back of time the Senate we are somehow unable to take the ac- lative session. proceed to vote on the nomination; the tion that will protect us, our country, The PRESIDING OFFICER. The motion to reconsider be considered and will protect our children and fu- question is on agreeing to the motion. made and laid upon the table, with no ture generations. There is no better The motion was agreed to. intervening action or debate; that no way to describe it than through the f further motions be in order; that any words of Sergeant Stryker: ‘‘Life is related statements be printed in the tough, but it’s tougher if you’re stu- EXECUTIVE SESSION RECORD; and that the President be im- pid.’’ mediately notified of the Senate’s ac- It is time to wake up. tion and the Senate then resume legis- I yield the floor. NOMINATION OF DAVID WEIL TO lative session. Mr. BENNET. I suggest the absence BE ADMINISTRATOR OF THE The PRESIDING OFFICER. Without of a quorum. WAGE AND HOUR DIVISION, DE- objection, it is so ordered. The PRESIDING OFFICER. The PARTMENT OF LABOR Mr. REID. I ask unanimous consent clerk will call the roll. Mr. REID. I now move to proceed to that at a time to be determined by me, The legislative clerk proceeded to executive session to consider Calendar in consultation with Senator MCCON- call the roll. No. 613. NELL, on Wednesday, April 9, the Sen- The PRESIDING OFFICER. The ma- The PRESIDING OFFICER. The ate proceed to executive session to con- jority leader. question is on agreeing to the motion. sider Calendar No. 507; that there be 2 Mr. REID. Madam President, I ask The motion was agreed to. minutes for debate equally divided in unanimous consent that the order for The PRESIDING OFFICER. The the usual form; that upon the use or the quorum call be rescinded. clerk will report the nomination. yielding back of time the Senate pro- The PRESIDING OFFICER. Without The legislative clerk read the nomi- ceed to vote on the nomination; the objection, it is so ordered. nation of David Weil, of Massachusetts, motion to reconsider be considered f to be Administrator of the Wage and made and laid upon the table, with no EXECUTIVE SESSION Hour Division, Department of Labor. intervening action or debate; that no CLOTURE MOTION further motions be in order; that any Mr. REID. I send a cloture motion to related statements be printed in the NOMINATION OF MICHELLE T. the desk. RECORD; that the President be imme- FRIEDLAND TO BE UNITED The PRESIDING OFFICER. The clo- diately notified of the Senate’s action STATES CIRCUIT JUDGE FOR ture motion having been presented and the Senate then resume legislative THE NINTH CIRCUIT under rule XXII, the Chair directs the session. Mr. REID. Madam President, I move clerk to report the motion. The PRESIDING OFFICER. Without objection, it is so ordered. to proceed to executive session to con- CLOTURE MOTION sider Calendar No. 574. We, the undersigned Senators, in accord- f The PRESIDING OFFICER. The ance with the provisions of rule XXII of the question is on agreeing to the motion. Standing Rules of the Senate, hereby move MORNING BUSINESS The motion was agreed to. to bring to a close debate on the nomination The PRESIDING OFFICER. The of David Weil, of Massachusetts, to be Ad- Mr. REID. Mr. President, I ask unan- clerk will report the nomination. ministrator of the Wage and Hour Division, imous consent that the Senate proceed Department of Labor. The legislative clerk read the nomi- to a period of morning business with Harry Reid, Tom Harkin, Jon Tester, Senators permitted to speak for up to nation of Michelle T. Friedland, of Barbara Boxer, Charles E. Schumer, California, to be United States Circuit Benjamin L. Cardin, Patrick J. Leahy, 10 minutes each. Judge for the Ninth Circuit. Richard J. Durbin, Robert P. Casey, The PRESIDING OFFICER (Mr. DON- CLOTURE MOTION Jr., Christopher A. Coons, John D. NELLY). Without objection, it is so or- Mr. REID. Madam President, I send a Rockefeller IV, Carl Levin, Bill Nelson, dered. Sheldon Whitehouse, Christopher Mur- cloture motion to the desk. phy, Patty Murray, Tom Udall. f The PRESIDING OFFICER. The cloture motion having been presented Mr. REID. I ask unanimous consent that the mandatory quorum under rule REMEMBERING CORPORAL under rule XXII, the Chair directs the WILLIAM F. DAY clerk to report the cloture motion. XXII be waived. The legislative clerk read as follows: The PRESIDING OFFICER. Without Mr. MCCONNELL. Mr. President, I objection, it is so ordered. CLOTURE MOTION rise today to honor a fallen soldier from my home State, the Common- We, the undersigned Senators, in accord- f wealth of Kentucky. Nearly 64 years ance with the provisions of rule XXII of the LEGISLATIVE SESSION Standing Rules of the Senate, hereby move after being killed in the Korean war, to bring to a close debate on the nomination Mr. REID. I now move to proceed to Army CPL William F. Day’s remains of Michelle T. Friedland, of California, to be legislative session. were finally returned home last week.

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 8, 2014 CONGRESSIONAL RECORD — SENATE S2231 Corporal Day was 25 years old when Two years ago, Shonrock provided DNA to counterintelligence. In his final assign- he was deployed to the Chosin Res- help identify her father’s remains. Five years ment for the Air Force, General Taylor ervoir in North Korea. On November 29, ago, she said, her uncle, Herman Day, and led the Air Force Office of Special In- 1950, his company was overwhelmed by her father’s niece, Mattie Terrell, also pro- vestigations where his office provided vided DNA. enemy forces and began a fighting In the search for her father, Shonrock at- independent investigations of fraud, withdrawal from their position. Three tended yearly DPMO conferences in Wash- counterintelligence, and major crimi- days later, Corporal Day was reported ington and various cities across the country. nal matters. missing in action. At last year’s conference, she said, X-ray In 2001, he was named Coordinator for Gloria Shonrock, Day’s daughter, records had been found that could possibly Counterterrorism, the top counterter- was only 4 at the time and has lived be used to identify the remains. rorism position in the State Depart- her life not knowing the location of her ‘‘And between the DNA and those X-rays, ment, where he was a key advisor to father’s final resting place. Unbe- they found my dad,’’ Shonrock said. Secretary of State Colin Powell. After Scientists from the Joint POW/MIS Ac- knownst to her at the time, Day’s re- counting Command and the Armed Forces that position, General Taylor served as mains were contained in one of 208 DNA Identification Laboratory used the the Assistant Secretary of State in boxes given to the United States by DNA and X-rays to identify Day’s remains, charge of diplomatic security where he North Korea between 1991 and 1994. Two which were located in Hawaii before they was in charge of security for over 250 years ago, Shonrock provided her DNA were flown to Nashville. Shonrock said Day U.S. embassies and consulates world- to the Department of Defense POW/ was the 100th person identified from the re- wide. Missing Personnel Office, which they mains contained in the 208 boxes. General Taylor has spent the past 9 were able to use to identify her father’s ‘‘It’s been hell sometimes, and good other years in the private sector, most as the times,’’ Shonrock said of the long process. remains. ‘‘And then it’s been hell again because you chief security officer for General Elec- Now, over 60 years after being re- have to deal with the government, and you tric where he was responsible for GE’s ported missing in action, Corporal Day sit there and hurry up and wait.’’ global security operations and crisis is back in his old Kentucky home. Day Among the good that came out of her management. In that position, he has was laid to rest yesterday in La Center, search is that a military office in Colorado seen the government’s homeland secu- KY, next to his mother, Mattie Day, in helped connect Shonrock with relatives on rity functions from the outside, giving a funeral with full military honors. her dad’s side of the family. him an important perspective on the Corporal Day made the ultimate sac- ‘‘I had an aunt in Washington, and I had Department of Homeland Security’s rifice in giving his life for our country. this aunt and uncle here in Kentucky,’’ Shonrock said. ‘‘And I’ve been here many support to the private sector. That his remains were returned home times to see them.’’ General Taylor will have to put his after so many years is a remarkable On Monday, Day will be buried in La Cen- extensive experience and leadership testament to our Nation’s commitment ter—with full military honors—next to his skills to good use as Under Secretary to leaving no man behind. I ask that mother, Mattie Day. Day’s name is among of DHS for Intelligence and Analysis. my Senate colleagues join me in hon- those listed on the veterans monument at The Office of Intelligence and Analysis oring this fallen hero. Ballard Memorial High School, and before has been without a leader confirmed by The Paducah Sun recently published the funeral a memorial service will be held the Senate for over a year now, and it an article chronicling the incredible in his honor at the school. has a large number of missions, like story of the discovery and return of According to the DPMO, Day was assigned to Company C, 32nd Infantry Regiment, 31st DHS as a whole. Corporal Day’s remains. I ask unani- Regimental Combat Team in November 1950, I hope and expect that General Tay- mous consent that the full article be deployed east of North Korea’s Chosin Res- lor will provide strong leadership to printed in the RECORD. ervoir. The 31st RCT, known as Task Force the Office of Intelligence and Analysis [From The Paducah Sun, Apr. 3, 2014] Faith, was engaged by ‘‘overwhelming num- at DHS and I look forward to working LA CENTER KOREAN WAR VETERAN COMES bers of Chinese forces.’’ On Nov. 29, 1950, with him. HOME what was left of the task force began fight- General Taylor was approved by the (By Leanne Fuller) ing a withdrawal to positions near Hagaru-ri, Intelligence Committee on March 4, south of the reservoir. Army Corporal William F. Day, of La Cen- ‘‘Personally it’s a closure that I don’t have 2014, and the committee received sev- ter, was reported missing in North Korea on to worry about where he’s at anymore,’’ eral letters supporting him, including Dec. 2, 1950. After a long and winding search Shonrock said, ‘‘or whether he’s in a ditch in from the International Association of of nearly 64 years, his remains were brought Korea in the frozen area where he passed Chiefs of Police and the Major Cities home Wednesday. away, or . . . where he’s at: because he’s been Chiefs Association which represents Day’s daughter, Gloria Shonrock—along in Hawaii since 1992–94.’’ with her husband, Ernie Shonrock; other rel- the law enforcement agencies in larg- atives, and two military liaisons—brought f est cities in the U.S. I fully support General Taylor’s con- the veteran’s remains from Nashville, Tenn., VOTE EXPLANATION to Morrow Funeral Chapel in La Center firmation. Wednesday. They were escorted from Nash- Ms. LANDRIEU. Mr. President, I re- f ville by Patriot Guard Riders, Shonrock gret having missed the April 7, 2014 said, and welcomed into Ballard County with vote on passage of H.R. 3979, as amend- CARLIN CONFIRMATION an escort of firetrucks, ambulances and po- ed, the Emergency Unemployment Mrs. FEINSTEIN. Mr. President, I lice vehicles. Compensation Extension Act of 2014. supported the confirmation of Mr. John Shonrock was four when her father was reported missing. While Shonrock’s mother Had I been present, I would have Carlin to be Assistant Attorney Gen- didn’t talk about Day often while she was voted for the passage of the Emergency eral for National Security in the De- growing up, the absence was still felt. Unemployment Compensation Exten- partment of Justice, DOJ. ‘‘I’d sit at the recess and cry because I sion Act of 2014 to support the 16,000 Mr. Carlin was serving as the Acting wanted my daddy and—you know—you grow Louisianians awaiting the extension Assistant Attorney General for Na- out of that, but you still want your dad,’’ she provided by this legislation. tional Security, the top position in the said. National Security Division at the De- Shonrock said she has been searching for f partment of Justice, which brings to- information about her father since 1992, a TAYLOR CONFIRMATION search that took her from her home in Erie, gether the counterterrorism, intel- Colo., to Washington, D.C., and La Center. Mrs. FEINSTEIN. Mr. President, I ligence, and counterintelligence efforts Day’s remains were found among 208 boxes support the confirmation of Gen. within DOJ. of remains North Korea gave the United Frank Taylor to be the Under Sec- The National Security Division is States between 1991 and 1994. In a recent an- retary for Intelligence and Analysis at also important because it reviews and nouncement of the identification of Day’s re- the Department of Homeland Security, approves requests to the FISA Court mains, the Department of Defense POW/Miss- DHS. for surveillance authorities. ing Personnel Office (DPMO) said the boxes were believed to contain remains of 350 to 400 General Taylor has a long and distin- Mr. Carlin has superb experience for U.S. servicemen. guished career in national security, the position to which he has been con- However, the remains were heavily com- starting with his 31 years in the U.S. firmed, having served as the Acting As- mingled, which made identification difficult. Air Force, most of which was spent in sistant Attorney General since his

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2232 CONGRESSIONAL RECORD — SENATE April 8, 2014 predecessor, Lisa Monaco, went to the ing years.’’ Research is compelling that can afford to put their children in qual- White House last year to be President children are ready to learn from ity early child development programs. Obama’s top advisor for counterterror- birth—what they need are the positive Second, we will create a new student ism and homeland security. conditions and opportunities to learn loan forgiveness program for graduates Before his position as Acting Assist- and thrive not only to be prepared for of associate’s or bachelor’s programs in ant Attorney General, Mr. Carlin was school but to prepare to be productive early education. The Preparing and Re- the Principal Deputy Assistant Attor- adults. investing in Early Education Act—or ney General and chief of staff for the Early childhood education is about PRE ED—will provide needed relief for National Security Division. From 2007 development and learning, but it is early educators and encourage more to to 2011, he served in leadership roles at also an economic driver. Nobel lau- work with kids through age 5. Well- the FBI, including as chief of staff to reate James Heckman and others note trained educators providing quality FBI Director Robert Mueller. that when we invest in high-quality early education makes all the dif- Mr. Carlin also served in a variety of early childhood education, starting ference in a child’s success. positions in the Department between with infants, the taxpayer benefits Third, we need to reward companies 1999 and 2007, including as a career Fed- from lower expenditures for special and offering onsite or near-site childcare eral prosecutor, where Mr. Carlin remedial education, reduced juvenile with a company cost-share. We know it served as National Coordinator of crime rates, and higher graduation works for the company and for the em- DOJ’s Computer Hacking and Intellec- rates. ployee—just look around our State. In tual Property, CHIP, program. Before Even though we know about the im- Alaska BP, Credit Union One and Fair- that, he was an assistant U.S. attorney portance of early childhood education, banks Memorial Hospital are great ex- for the District of Columbia, where he for many families the costs are too amples. They all offer quality onsite prosecuted cases ranging from homi- much for the family budget, especially centers. They know it makes more pro- cide and sex crimes to cyber, fraud, and high-quality programs. The child care ductive employees. public corruption matters. and development block grant, helping The Child Care Public-Private Part- In one noteworthy case, he obtained families afford childcare and helping nership Act will establish a program to a guilty verdict against Modou Camara states raise the quality of care, serves provide childcare through partnerships. on charges of conspiracy, fraud, and only one in six eligible children. In Through new grant incentives for small money laundering, in connection with fact, roughly 260,000 fewer children re- and medium companies, we can help real estate transactions in which ceived assistance in 2012 than in 2006. I more Alaska companies do the same. Camara persuaded unqualified buyers am glad we ended the cuts to Head These bills recognize the importance to submit fraudulent loan applications Start in fiscal year 2014, but even so, of childcare in the lives of working through a first-time homebuyer pro- we help less than half of the eligible families. They will make it easier for gram run by the Department of Hous- preschoolers and only 4 percent of eli- early childhood educators to provide ing and Urban Development’s, HUD, gible Early Head Start infants and tod- stimulating and effective instruction Federal Housing Administration, FHA. dlers. State pre-K is growing, but it is in safe environments Through this scheme, Camara bought uneven quality among our States and As we recognize and celebrate this properties at low prices and sold doesn’t reach all the eligible children week of the young child, we need to be them—usually on the same day that he whose families would want to enroll perfectly clear in our commitment to purchased them—at an artificially in- them. Early intervention services—a continue to support and expand the flated price for a large profit. When significant intervention for children’s education of children. I believe all of Camara’s recruited purchasers failed to early school readiness—is woefully un- my colleagues in the Senate should repay their loans, HUD was forced to derfunded as well. join together to make this a priority reimburse the lender. HUD lost over $1 The educators who work with these because, as this year’s theme says so million due to Camara’s scheme. young children in childcare, Head Start well, the early years are indeed the As a prosecutor, he also obtained and other program settings are very learning years.∑ convictions in cases against a defend- underpaid. A childcare provider makes f ant who tortured and murdered a baby about $20,000 a year. The turnover rate girl, a defendant who bribed former is high. When teachers get a degree, REMEMBERING ALLEN MAXWELL Congressman ‘‘Duke’’ Cunningham, they can move to better jobs to support ∑ Mr. BOOZMAN. Mr. President, re- and a defendant who was charged with their own families, but it means incon- cently, we tragically lost Monticello, first-degree murder. sistency of relationships for children AR Mayor Allen Maxwell very sud- Mr. Carlin was approved by the Intel- and difficulty sustaining quality for denly and unexpectedly. He did a tre- ligence Committee on March 4, 2014, providers. We must do more to ensure mendous job as mayor. No one valued and by the Judiciary Committee on early childhood educators get the spe- his family and community more than February 6, 2014. Both committees re- cialized degrees and credentials they Mayor Maxwell. ceived several letters in support of Mr. need and then compensate them on par After a successful career in the pri- Carlin from senior officials and col- with their school-based colleagues. vate sector, Allen embarked on a sec- leagues from both sides of the aisle. In my State of Alaska, one snowy ond career in public service that in- I fully support Mr. Carlin’s confirma- night over a year ago in Anchorage, I cluded a stint as U.S. Representative tion. met with about 50 strongly committed Jay Dickey’s chief of staff in the 1990’s. f Alaska educators to talk about how to Six years later, he was motivated to ADDITIONAL STATEMENTS improve our schools and prepare our run for an elected office of his own. It students for the competitive 21st-cen- was an excellent decision that ended tury economy. with a successful election to the Ar- WEEK OF THE YOUNG CHILD From that conversation, the idea for kansas House of Representatives where ∑ Mr. BEGICH. Mr. President, this is a three bills evolved. I then introduced a he represented district 10 for 3 terms special week. The Week of the Young package of legislation, the Keep Invest- and focused on creating jobs in Arkan- Child, launched by the National Asso- ing in Developmental Success, KIDS, sas’s manufacturing sector before being ciation for the Education of Young Act. These three early childhood bills term-limited out. Children in 1971 and carried out in com- will address access, quality, and afford- Committed to making Arkansas a munities across the country, is a time ability in early education programs. better place to live and do business, to raise public awareness about the im- First, we will amend the Tax Code to Allen knew he could still contribute portance of high-quality early child- provide a tax credit for early childhood and decided to run for mayor of Monti- hood education and to recognize the educators. The Tax Relief for Early cello. He won with 70 percent of the millions of people who care for and Educators Act will expand the deduc- vote, focused his energies on infra- teach young children every day. tions for certain expenses for early structure and capital improvements, The theme of this year’s Week of the childhood education and increase the and left his mark on Monticello before Young Child is ‘‘early years are learn- childcare tax credit so more parents his sudden and untimely passing.

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 8, 2014 CONGRESSIONAL RECORD — SENATE S2233 Mayor Maxwell was a great example Animal and Plant Inspection Service H.R. 1872. An act to amend the Balanced for us all. A humble public servant who within the Department of Agriculture Budget and Emergency Deficit Control Act entered this field for the right rea- and ended up staying in Federal health of 1985 to increase transparency in Federal service for more than four decades. budgeting, and for other purposes; to the sons—he truly wanted to help Arkan- Committee on the Budget. sans and make the State that he loved Thousands of hardworking Michigan H.R. 3470. An act to affirm the importance better. My staff and I greatly missed farmers rely on the expertise and serv- of the Taiwan Relations Act, to provide for his presence at the annual meeting ices provided by the Department of Ag- the transfer of naval vessels to certain for- with legislators in Washington. We riculture, many of those families reside eign countries, and for other purposes; to the continue to pray that his family and in the Upper Peninsula of Michigan. Committee on Foreign Relations. friends are comforted by the fact that Throughout her career, Ann and her f major efforts for his community and colleagues have been there for these region and concern for his fellow man families, always ready to lend a hand MEASURES PLACED ON THE will continue to live on.∑ and do what is needed. Her work with CALENDAR f the U.S. Forest Service and in the area The following bill was read the sec- of rural development has truly made a ond time, and placed on the calendar: TRIBUTE TO JAMES FRANKEL difference. ∑ Ann has dedicated her professional H.R. 2575. An act to amend the Internal Mrs. BOXER. Mr. President, I am Revenue Code of 1986 to repeal the 30-hour pleased and honored to salute James B. life to helping others. She follows in a threshold for classification as a full-time Frankel, a respected lawyer, environ- long and unbroken line of workers who employee for purposes of the employer man- mental activist, and a pillar of the San have done the same. She will be missed date in the Patient Protection and Afford- Francisco community who recently by those in the Upper Peninsula who able Care Act and replace it with 40 hours. have relied on her work for so many celebrated his 90th birthday. f James Frankel was born on February years. And, she will be missed by her 25, 1924, in Chicago to Louis and Thel- colleagues who have benefitted from MEASURES READ THE FIRST TIME her wisdom and insight. She can now ma Frankel. After graduating from the The following bill was read the first take a well-deserved break, enjoy life U.S. Naval Academy in 1945, Jim went time: on to earn a law degree from Yale Uni- and spend more time with the people she holds dear. She is certainly in the S. 2223. A bill to provide for an increase in versity, where he met his future wife the Federal minimum wage and to amend Louise. Shortly thereafter the couple perfect place to do it—The Upper Pe- the Internal Revenue Code of 1986 to extend moved to San Francisco, where they ninsula of Michigan, home to extraor- increased expensing limitations and the raised their family. dinary natural beauty. treatment of certain real property as section In San Francisco, Jim maintained an I am delighted to recognize the work 179 property. active law practice until his retire- of Ann Young and wish her the best as she begins the next chapter of her life. f ment in 2000. He also contributed to ∑ the training and education of future She has certainly earned it. EXECUTIVE AND OTHER lawyers, serving as an adjunct pro- f COMMUNICATIONS fessor of law at Yale, UC Berkeley, MESSAGES FROM THE HOUSE The following communications were Stanford, and UC Hastings. At 11:43 a.m., a message from the laid before the Senate, together with Those of us who know Jim know that House of Representatives, delivered by accompanying papers, reports, and doc- he is an inspiring and vibrant man who Mr. Novotny, one of its reading clerks, uments, and were referred as indicated: has always been generous with both his announced that the House has passed EC–5242. A communication from the Asso- time and his energy on behalf of so the following bill, without amendment: ciate Administrator of the Fruit and Vege- many worthy causes. As an avid nature S. 404. An act to preserve the Green Moun- table Programs, Agricultural Marketing lover and outdoorsman passionate tain Lookout in the Glacier Peak Wilderness Service, Department of Agriculture, trans- about backpacking, skiing, and the an- of the Mount Baker–Snoqualmie National mitting, pursuant to law, the report of a rule nual bicycle trips across Europe that Forest. entitled ‘‘Peanut Promotion, Research, and he continued to take well into his The message also announced that the Information Order; Amendment to Primary eighties, Jim was an early supporter of House has passed the following bills, in Peanut-Producing States and Adjustment of which it requests the concurrence of Membership’’ (Docket No. AMS–FV–13–0042) the Natural Resources Defense Council, received in the Office of the President of the for which he served as a trustee for the Senate: Senate on April 2, 2014; to the Committee on nearly 20 years. H.R. 1872. An act to amend the Balanced Agriculture, Nutrition, and Forestry. My family is lucky to have known Budget and Emergency Deficit Control Act EC–5243. A communication from the Chair- Jim for many years, and I have always of 1985 to increase transparency in Federal man and Chief Executive Officer, Farm Cred- budgeting, and for other purposes. it Administration, transmitting, pursuant to admired his boundless passion and tire- H.R. 3470. An act to affirm the importance law, the report of a rule entitled ‘‘Organiza- less zest for living life to its fullest. As of the Taiwan Relations Act, to provide for tion; Disclosure to Shareholders; Disclosure the transfer of naval vessels to certain for- Jim celebrates his 90th birthday, I am to Investors in System-wide and Consoli- honored to join Louise, their children eign countries, and for other purposes. H.R. 4323. An act to reauthorize programs dated Bank Debt Obligations of the Farm and five grandchildren, and Jim’s many authorized under the Debbie Smith Act of Credit System; Advisory Note’’ (RIN3052– friends and admirers in offering my 2004, and for other purposes. AD00) received in the Office of the President very best wishes on this wonderful The message further announced that of the Senate on April 2, 2014; to the Com- mittee on Agriculture, Nutrition, and For- milestone and many more years of con- the House has agreed to the following tinued happiness.∑ estry. concurrent resolution, in which it re- EC–5244. A communication from the Direc- f quests the concurrence of the Senate: tor of the Regulatory Management Division, TRIBUTE TO ANN YOUNG H. Con. Res. 90. Concurrent resolution au- Environmental Protection Agency, transmit- thorizing the use of Emancipation Hall in ting, pursuant to law, the report of a rule en- ∑ Mr. LEVIN. Mr. President, public the Capitol Visitor Center for a ceremony as titled ‘‘Thiram; Time-Limited Pesticide Tol- service is a noble calling. The work part of the commemoration for the days of erances’’ (FRL No. 9909–02) received in the done by dedicated and hardworking remembrance of victims of the Holocaust. Office of the President of the Senate on April government employees benefits count- ENROLLED BILL SIGNED 2, 2014; to the Committee on Agriculture, Nu- less Americans from coast to coast and At 5:48 p.m., a message from the trition, and Forestry. many across my home State of Michi- House of Representatives, delivered by EC–5245. A communication from the Direc- Mr. Novotny, one of its reading clerks, tor of the Regulatory Management Division, gan. Indeed, there are many people who Environmental Protection Agency, transmit- work tirelessly day after day to make announced that the Speaker had signed ting, pursuant to law, the report of a rule ensure the services we all rely on are the following enrolled bill: titled ‘‘Imazapic; Pesticide Tolerances’’ there when we need them most. That is S. 404. An act to preserve the Green Moun- (FRL No. 9400–3) received in the Office of the why it is no exaggeration to say that tain Lookout in the Glacier Peak Wilderness President of the Senate on April 2, 2014; to diligent and long-serving workers like of the Mount Baker-Snoqualmie National the Committee on Agriculture, Nutrition, Forest. Ann Young form the backbone of our and Forestry. great Nation. And, I am delighted to f EC–5246. A communication from the Direc- MEASURES REFERRED tor of the Regulatory Management Division, honor Ann, who recently retired after Environmental Protection Agency, transmit- more than 40 years of Federal service. The following bills were read the first ting, pursuant to law, the report of a rule en- Ann Young began her career in the and the second times by unanimous titled ‘‘Imazapyr; Pesticide Tolerances’’ Federal Government in 1973 with the consent, and referred as indicated: (FRL No. 9907–82) received in the Office of

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A communication from the Direc- 24-Hour PM2.5 NAAQS’’ (FRL No. 9908–70–Re- Defense Logistics Agency (DLA)’’ (FRL No. tor of the Regulatory Management Division, gion 5) received in the Office of the President 9908–98–OSWER) received in the Office of the Environmental Protection Agency, transmit- of the Senate on April 2, 2014; to the Com- President of the Senate on April 2, 2014; to ting, pursuant to law, the report of a rule en- mittee on Environment and Public Works. the Committee on Environment and Public titled ‘‘Interpretive Rule Regarding Applica- EC–5257. A communication from the Direc- Works. bility of the Exemption from Permitting tor of the Regulatory Management Division, EC–5265. A joint communication from the under Section 404(f)(1)(A) of the Clean Water Environmental Protection Agency, transmit- Chairman and the General Counsel, National Act to Certain Agricultural Conservation ting, pursuant to law, the report of a rule en- Labor Relations Board, transmitting, pursu- Practices’’ (FRL No. 9908–97–OW) received in titled ‘‘Approval and Promulgation of State ant to law, the Board’s Buy American Act the Office of the President of the Senate on Implementation Plans; Hawaii; Infrastruc- Report for fiscal year 2013; to the Committee April 3, 2014; to the Committee on Agri- ture Requirements for the 2008 Lead Na- on Homeland Security and Governmental Af- culture, Nutrition, and Forestry. tional Ambient Air Quality Standard’’ (FRL fairs. EC–5248. A communication from the Direc- No. 9908–07–Region 9) received in the Office of EC–5266. A communication from the Equal tor of the Regulatory Management Division, the President of the Senate on April 2, 2014; Employment Opportunity Director, Office of Special Counsel, transmitting, pursuant to Environmental Protection Agency, transmit- to the Committee on Environment and Pub- law, the Office’s fiscal year 2013 report rel- ting, pursuant to law, the report of a rule en- lic Works. ative to the Notification and Federal Em- titled ‘‘Fluoxastrobin; Pesticide Tolerances’’ EC–5258. A communication from the Direc- ployee Antidiscrimination and Retaliation (FRL No. 9907–46) received in the Office of tor of the Regulatory Management Division, Act of 2002 (No FEAR Act); to the Committee the President of the Senate on April 3, 2014; Environmental Protection Agency, transmitting, pursuant to law, the report of a rule en- on Homeland Security and Governmental Af- to the Committee on Agriculture, Nutrition, fairs. and Forestry. titled ‘‘Approval and Promulgation of Air EC–5267. A communication from the Sec- EC–5249. A communication from the Direc- Quality Implementation Plans; Illinois; 10- retary to the Board, Railroad Retirement tor of the Regulatory Management Division, Year FESOP Amendments’’ (FRL No. 9907– Board, transmitting, pursuant to law, the Environmental Protection Agency, transmit- 50–Region 5) received in the Office of the Railroad Retirement Board’s fiscal year 2013 ting, pursuant to law, the report of a rule en- President of the Senate on April 2, 2014; to annual report relative to the Notification titled ‘‘Proquinazid; Pesticide Tolerances’’ the Committee on Environment and Public and Federal Employee Antidiscrimination (FRL No. 9903–11) received in the Office of Works. and Retaliation Act of 2002 (No FEAR Act); the President of the Senate on April 2, 2014; EC–5259. A communication from the Direc- to the Committee on Homeland Security and to the Committee on Agriculture, Nutrition, tor of the Regulatory Management Division, Governmental Affairs. and Forestry. Environmental Protection Agency, transmit- EC–5268. A communication from the Presi- EC–5250. A communication from the Direc- ting, pursuant to law, the report of a rule en- dent and Chief Executive Officer, Overseas tor of the Regulatory Management Division, titled ‘‘Approval and Promulgation of Air Private Investment Corporation, transmit- Environmental Protection Agency, transmit- Quality Implementation Plans; West Vir- ting, pursuant to law, the Corporation’s fis- ting, pursuant to law, the report of a rule en- ginia; Section 110(a)(2) Infrastructure Re- cal year 2013 annual report relative to the titled ‘‘Metaflumizone; Pesticide Toler- quirements for the 2008 Ozone National Am- Notification and Federal Employee Anti- ances’’ (FRL No. 9907–67) received in the Of- bient Air Quality Standards’’ (FRL No. 9909– discrimination and Retaliation Act of 2002 fice of the President of the Senate on April 09–Region 3) received in the Office of the (No FEAR Act); to the Committee on Home- 2, 2014; to the Committee on Agriculture, Nu- President of the Senate on April 2, 2014; to land Security and Governmental Affairs. trition, and Forestry. the Committee on Environment and Public EC–5269. A communication from the Chair- EC–5251. A communication from the Under Works. man, Occupational Safety and Health Review Secretary of Defense (Acquisition, Tech- EC–5260. A communication from the Direc- Commission, transmitting, pursuant to law, nology, and Logistics), transmitting, pursu- tor of the Regulatory Management Division, a report of the Commission’s Strategic Plan ant to law, a report entitled, ‘‘Report to Con- Environmental Protection Agency, transmit- for 2014–2018; to the Committee on Homeland gress on Fiscal Year 2015 Staff Years of Tech- ting, pursuant to law, the report of a rule en- Security and Governmental Affairs. nical Effort and Estimated Funding for De- titled ‘‘Approval and Promulgation of Air EC–5270. A communication from the Chair- partment of Defense Federally Funded Re- Quality Implementation Plans; Pennsyl- man of the Federal Labor Relations Author- search and Development Centers’’; to the vania; Infrastructure Requirements for the ity, transmitting, pursuant to law, the Authority’s fiscal year 2013 annual report Committee on Armed Services. 2008 Lead National Ambient Air Quality EC–5252. A communication from the Acting Standards’’ (FRL No. 9909–10–Region 3) re- relative to the Notification and Federal Em- ployee Antidiscrimination and Retaliation Under Secretary of Defense (Personnel and ceived in the Office of the President of the Act of 2002 (No FEAR Act); to the Committee Readiness), transmitting, pursuant to law, a Senate on April 2, 2014; to the Committee on on Homeland Security and Governmental Af- report relative to the Foreign Language Environment and Public Works. EC–5261. A communication from the Direc- fairs. Skill Proficiency Bonus program; to the EC–5271. A communication from the Direc- Committee on Armed Services. tor of the Regulatory Management Division, tor, Office of Economic Impact and Diver- EC–5253. A communication from the Acting Environmental Protection Agency, transmit- sity, Department of Energy, transmitting, Under Secretary of Defense (Personnel and ting, pursuant to law, the report of a rule en- pursuant to law, the Department’s fiscal Readiness), transmitting a report on the ap- titled ‘‘Final Enforceable Consent Agree- year 2013 report relative to the Notification proved retirement of Lieutenant General ment and Testing Consent Order for and Federal Employee Antidiscrimination Stanley T. Kresge, United States Air Force, Octamethylcyclotetrasiloxane (D4); Export and Retaliation Act of 2002 (No FEAR Act); and his advancement to the grade of lieuten- Notification’’ (FRL No. 9907–36) received in to the Committee on Homeland Security and ant general on the retired list; to the Com- the Office of the President of the Senate on Governmental Affairs. mittee on Armed Services. April 2, 2014; to the Committee on Environ- EC–5272. A communication from the Chair- EC–5254. A communication from the Acting ment and Public Works. man of the Nuclear Regulatory Commission, Under Secretary of Defense (Personnel and EC–5262. A communication from the Direc- transmitting, pursuant to law, the Commis- Readiness), transmitting the report of two tor of the Regulatory Management Division, sion’s fiscal year 2013 annual report relative (2) officers authorized to wear the insignia of Environmental Protection Agency, transmit- to the Notification and Federal Employee the grade of brigadier general in accordance ting, pursuant to law, the report of a rule en- Antidiscrimination and Retaliation Act of with title 10, United States Code, section 777; titled ‘‘Approval and Promulgation of Air 2002 (No FEAR Act); to the Committee on to the Committee on Armed Services. Quality Implementation Plans; Delaware; In- Homeland Security and Governmental Af- EC–5255. A communication from the Direc- frastructure Requirements for the 2008 Ozone fairs. tor of Congressional Affairs, Office of En- National Ambient Air Quality Standards’’ EC–5273. A communication from the Chair forcement, Nuclear Regulatory Commission, (FRL No. 9909–11–Region 3) received in the of the Recovery Accountability and Trans- transmitting, pursuant to law, the report of Office of the President of the Senate on April parency Board, transmitting, pursuant to a rule entitled ‘‘Enforcement Guidance 2, 2014; to the Committee on Environment law, the Board’s fiscal year 2013 annual re- Memorandum 2014–001: Interim Guidance for and Public Works. port relative to the Notification and Federal Dispositioning 10 CFR Part 37 Violations EC–5263. A communication from the Direc- Employee Antidiscrimination and Retalia- with Respect to Large Components or Ro- tor of the Regulatory Management Division, tion Act of 2002 (No FEAR Act); to the Com- bust Structures Containing Category 1 or Environmental Protection Agency, transmit- mittee on Homeland Security and Govern- Category 2 Quantities of Material at Power ting, pursuant to law, the report of a rule en- mental Affairs. Reactor Facilities Licensed under 10 CFR titled ‘‘Revisions to Test Methods and Test- EC–5274. A communication from the Fed- Parts 50 and 52’’ (RIN3150–AI12) received in ing Regulations; Technical Amendment’’ eral Register Liaison Officer, Alcohol and the Office of the President of the Senate on ((RIN2060–AQ01) (FRL No. 9908–99–OAR)) re- Tobacco Tax and Trade Bureau, Department April 2, 2014; to the Committee on Environ- ceived in the Office of the President of the of the Treasury, transmitting, pursuant to ment and Public Works. Senate on April 2, 2014; to the Committee on law, the report of a rule entitled ‘‘Electronic EC–5256. A communication from the Direc- Environment and Public Works. Submission of Forms, the Finished Products tor of the Regulatory Management Division, EC–5264. A communication from the Direc- Records for Distilled Spirits Plants, and Clo- Environmental Protection Agency, transmit- tor of the Regulatory Management Division, sures on Certain Distilled Spirits and Prod- ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- ucts’’ (RIN1513–AB97) received in the Office

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 8, 2014 CONGRESSIONAL RECORD — SENATE S2235 of the President of the Senate on April 7, urging the Congress of the United States to years ago when the internet was still in a 2014; to the Committee on the Judiciary. repeal section 1502 of the Dodd-Frank Wall fledgling state and accessible only to about EC–5275. A communication from the Acting Street Reform and Consumer Protection Act; twenty million Americans; and Under Secretary of Defense (Personnel and to the Committee on Banking, Housing, and Whereas, The internet of 1996 would be Readiness), transmitting, pursuant to law, Urban Affairs. largely unrecognizable in 2013, lacking near- the Annual Report of the Reserve Forces HOUSE CONCURRENT RESOLUTION NO. 19 ly all of the popular sites of today, such as Policy Board for 2013; to the Committee on Whereas, In response to the 2008 economic YouTube, Google, Twitter, Facebook, Armed Services. recession, the Dodd-Frank Wall Street Re- EC–5276. A communication from the Assist- Wikipedia, Craig’s List, and Backpage.com; form and Consumer Protection Act was en- ant Secretary of Defense (Legislative Af- and acted in July 2010 to increase accountability fairs), transmitting, a report of proposed leg- Whereas, Today, the internet makes it pos- and improve transparency in the nation’s fi- islation entitled ‘‘National Defense Author- sible for companies such as Backpage.com to nancial system. Among its provisions, sec- ization Act for Fiscal Year 2015’’; to the earn millions of dollars annually from the tion 1502 of the act creates new reporting re- Committee on Armed Services. quirements for publically traded companies sale of location-specific internet advertise- EC–5277. A communication from the Chief that produce products containing gold, tin, ments, some of which directly facilitate the of the Planning and Regulatory Affairs tantalum, or tungsten, known as ‘‘conflict sex trafficking of minors and other victims; Branch, Food and Nutrition Service, Depart- minerals.’’ These reporting requirements and and ment of Agriculture, transmitting, pursuant their public disclosure are meant to deter Whereas, Section 230 of the Communica- to law, the report of a rule entitled ‘‘Special the purchase of conflict minerals from the Supplemental Nutrition Program for tions Decency Act assures internet service Democratic Republic of the Congo (DRC) and Women, Infants and Children (WIC): Revi- providers like Backpage.com nearly com- the surrounding nations of Central Africa sions in the WIC Food Packages’’ (RIN0584– plete immunity from liability for the signifi- Republic, South Sudan, Zambia, Angola, the AD77) received in the Office of the President cant and known role they play in promoting Republic of the Congo, Tanzania, Burundi, of the Senate on April 2, 2014; to the Com- today’s sex trafficking industry through the Rwanda, and Uganda; and mittee on Agriculture, Nutrition, and For- sale and distribution of adult escort adver- Whereas, The final rules on section 1502, estry. tisements on the internet; and issued by the United States Securities and EC–5278. A communication from the Sec- Exchange Commission (SEC), taking effect Whereas, When the Communications De- retary of Health and Human Services, trans- May 31, 2014, is exceedingly complex and det- cency Act was written in 1996, section 230 mitting, pursuant to law, a report entitled rimental to American manufacturers, cre- was intended to encourage internet service ‘‘Child Care and Development Fund Report ating new, overly taxing compliance costs, providers to promote the growth of the inter- to Congress for Fiscal Years 2008 through especially for American small businesses, as net without incurring liability for third- 2011’’; to the Committee on Finance. well as unrealistic and burdensome reporting party communications during a time when EC–5279. A communication from the Assist- requirements. The new rules require pub- the average American with internet access ant Secretary, Legislative Affairs, Depart- lically traded manufacturers to trace con- spent thirty minutes each month on the web, ment of State, transmitting, pursuant to flict minerals through their entire supply compared with today’s average of twenty- law, a report relative to U.S. support for Tai- chain, all the way back to the smelter. The seven hours per month; and wan’s participation as an observer at the SEC estimates the initial cost of compliance 67th World Health Assembly and in the work Whereas, The internet has evolved in ways of the World Health Organization; to the to be between $3 billion and $4 billion, with few expected, making section 230 of the Com- Committee on Foreign Relations. annual costs thereafter between $207 million munications Decency Act now outdated EC–5280. A communication from the Assist- and $609 million. However, the National As- within the context, scope, and capability of ant Legal Adviser for Treaty Affairs, Depart- sociation of Manufacturers estimates total today’s internet to instantly disseminate in- ment of State, transmitting, pursuant to the costs to be $16 billion; and formation and facilitate rapid communica- Case-Zablocki Act, 1 U.S.C. 112b, as amended, Whereas, The SEC rule on conflict min- tion; and erals jeopardizes Michigan’s unparalleled ef- the report of the texts and background state- Whereas, Without a change to section 230 forts to restructure, create an improved ments of international agreements, other of the Communications Decency Act, states business environment, and recover jobs lost than treaties (List 2014–0020—2014–0033); to remain powerless to enact meaningful re- during the recent recession. According to the the Committee on Foreign Relations. forms to hold accountable those internet Bureau of Labor and Statistics, as of October EC–5281. A communication from the Sec- service providers who profit from the sale of of this year, our unemployment rate of 9 per- retary of Transportation, transmitting, a re- adult escort advertisements while turning a cent ranked 48th among the states, 1.7 per- port of proposed legislation entitled ‘‘Fed- blind eye to their role in facilitating crimes cent higher than the nation’s average. More- eral Aviation Insurance Reauthorization Act against children and refusing to implement over, the stalwart of the Michigan econ- of 2014’’; to the Committee on Commerce, any bona fide measures to verify the age of omy—manufacturing—is still recovering. Science, and Transportation. persons featured in those advertisements; EC–5282. A communication from the Chief The state of Michigan condemns the human of Staff, Media Bureau, Federal Communica- rights violations occurring in the DRC and Now, therefore, Your Memorialists respect- tions Commission, transmitting, pursuant to surrounding nations. However, absorbing the fully pray that Congress update and amend law, the report of a rule entitled ‘‘Television exorbitant costs of complying with section the Communications Decency Act to reflect Broadcasting Services; South Bend, Indiana’’ 1502 will undermine our footing in the ongo- the current scope and power of the internet, (MB Docket No. 14–1, DA 14–363) received in ing battle to grow manufacturing jobs; now, to acknowledge the publisher-like role of the Office of the President of the Senate on therefore, be it companies like Backpage.com who profit April 7, 2014; to the Committee on Com- Resolved by the House of Representatives (The from the sale and distribution of advertise- merce, Science, and Transportation. Senate Concurring), That we urge the Con- ments on the internet, and to authorize EC–5283. A communication from the Assist- gress of the United States to repeal section states to enact and enforce laws holding ant Administrator for Fisheries, Office of 1502 of the Dodd-Frank Wall Street Reform internet service providers responsible when Sustainable Fisheries, Department of Com- and Consumer Protection Act; and be it fur- they knowingly facilitate child sex traf- merce, transmitting, pursuant to law, the re- ther ficking through the sale of adult escort ad- port of a rule entitled ‘‘Fisheries of the Resolved, That copies of this resolution be vertisements. Be it transmitted to the President of the United Northeastern United States; Atlantic Her- Resolved, That copies of this Memorial be States, the President of the United States ring Fishery; Adjustments to 2014 Annual immediately transmitted to the Honorable Senate, the Speaker of the United States Catch Limits’’ (RIN0648–BD70) received in Barack Obama, President of the United House of Representatives, the Chairman of the Office of the President of the Senate on States, the President of the United States the United States Securities and Exchange April 3, 2014; to the Committee on Com- Senate, the Speaker of the House of Rep- Commission, and the members of the Michi- merce, Science, and Transportation. resentatives, and each member of Congress gan congressional delegation. f from the State of Washington. PETITIONS AND MEMORIALS POM–211. A joint memorial adopted by the Legislature of the State of Washington urg- The following petitions and memo- POM–212. A joint resolution adopted by the ing Congress to update and amend the Com- Legislature of the State of Wyoming urging rials were laid before the Senate and munications Decency Act; to the Committee Congress to require the federal Environ- were referred or ordered to lie on the on Commerce, Science, and Transportation. mental Protection Agency to respect the pri- table as indicated: SENATE JOINT MEMORIAL 8003 macy of Wyoming in developing guidelines POM–210. A concurrent resolution adopted Whereas, The Communications Decency for regulating carbon dioxide emissions; to by the Legislature of the State of Michigan Act was enacted in 1996, nearly seventeen the Committee on Environment and

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Public Works. SUBSTITUTE SENATE JOINT MEMORIAL 8007 ate greater benefits and well-being for the SENATE JOINT RESOLUTION NO. 0001 Whereas, The federal harbor maintenance State of Wyoming and boost Taiwan’s Whereas, a reliable and affordable energy tax is not collected on trans-pacific cargo chances to enter the Trans-Pacific Partner- supply is vital to Wyoming’s economic shipped to the United States via rail or ship; and growth, jobs, and the overall interests of its roads; and Whereas, President Ma Ying-jeou has citizens; and Whereas, This noncollection of the harbor worked tirelessly to uphold democratic prin- Whereas, Wyoming supports an all-the- maintenance tax is an incentive to divert ciples in Taiwan, ensure the prosperity of above energy strategy because it is in the cargo away from United States ports; and Taiwan’s twenty-three million citizens, pro- best interests of the state of Wyoming and Whereas, The federal maritime commission mote Taiwan’s international standing as a the nation; and inquiry into the harbor maintenance tax responsible member of the international Whereas, the United States has abundant found that up to half of United States bound community, increase participation in inter- supplies of coal and natural gas that provide containers coming into Canada’s west coast national organizations, dispatch humani- economic and energy security benefits; and ports could revert to using United States tarian missions abroad and further improve Whereas, carbon regulations for existing west coast ports if United States importers relations between the United States and Tai- power plants could threaten the affordability were relieved from paying the tax; and wan; and and reliability of Wyoming’s electricity sup- Whereas, Current United States law does Whereas, Taiwan, as a willing and contrib- plies and therefore threaten the wellbeing of not require the revenues raised through the uting member of the world community, has its citizens; and harbor maintenance tax to be fully spent on made countless contributions of technical Whereas, the U.S. Energy Information Ad- harbor maintenance related investments; and financial assistance in the wake of Hur- ministration projects that U.S. electric sec- and ricane Sandy and other natural disasters tor carbon dioxide emissions will be fourteen Whereas, The geography of harbor mainte- worldwide. Now therefore, be it percent (14%) below 2005 levels in 2020; and nance tax expenditures does not correlate Resolved by the members of the Legislature of Whereas, on June 25, 2013, the President di- with the states where harbor maintenance the State of Wyoming: rected the Administrator of the U.S. Envi- revenues are generated; and Section 1. That Wyoming reaffirms its ronmental Protection Agency (EPA) to issue Whereas, The balance of the harbor main- commitment to the strong and deepening re- standards, regulations or guidelines to ad- tenance trust fund has grown to over seven lationship between Taiwan and the State of dress carbon dioxide emissions from new, ex- billion dollars; Wyoming. isting, modified and reconstructed fossil- Now, Therefore, Your Memorialists re- Section 2. That Wyoming supports Tai- fueled power plants; and spectfully pray that: wan’s appropriate participation in inter- Whereas, the President expressly recog- (1) Congress pass and the president sign national organizations that impact the nized that states ‘‘will play a central role in legislation reforming the harbor mainte- health, safety, and well-being of Taiwan. establishing and implementing carbon stand- nance tax; and Section 3. That Wyoming welcomes the re- ards for existing power plants;’’ and (2) Such legislation provide for full use of sumption of trade talks on the Trade and In- Whereas, the Clean Air Act requires EPA all harbor maintenance tax revenues, ensure vestment framework Agreement, welcomes to establish a ‘‘procedure’’ under which each United States tax policy does not disadvan- the signing of the Free Trade Agreement be- state shall develop a plan for establishing tage United States ports and maritime tween Taiwan and the United States in the and implementing standards of performance cargo, and provide greater equity for harbor process of closer economic integration, and for existing sources within the state; and maintenance tax donor ports through lim- supports Taiwan’s participation in the Whereas, the Clean Air Act expressly al- ited expanded use of the harbor maintenance lows states in developing and applying such Trans-Pacific Partnership. revenues. Be it Section 4. That the Secretary of State of standards of performance ‘‘to take into con- Resolved, That copies of this Memorial be Wyoming transmit copies of this resolution sideration, among other factors, the remain- immediately transmitted to the Honorable to the President of the United States, to the ing useful life of the existing source to which Barack Obama, President of the United President of the Senate and the Speaker of such standard applies;’’ and States, the President of the United States the House of Representatives of the United Whereas, EPA’s existing regulations pro- Senate, the Speaker of the House of Rep- States Congress and to the Wyoming Con- vide that states may adopt ‘‘less stringent resentatives, and each member of Congress gressional Delegation. emissions standards or longer compliance from the State of Washington. schedules’’ than EPA’s guidelines based on factors such as ‘‘unreasonable cost of con- POM–214. A joint resolution adopted by the POM–215. A resolution adopted by the Leg- trol,’’ ‘‘physical impossibility of installing Legislature of the State of Wyoming request- islature of Guam requesting the President of necessary control equipment,’’ or other facing Congress to support Taiwan’s participa- the United States, the House of Representa- tors that make less stringent standards or tion in appropriate international organiza- tives, the Senate, and the Secretary of longer compliance times ‘‘significantly more tions and to resume free trade talks with Health and Human Services further consider reasonable;’’ and Taiwan; to the Committee on Finance. and amend the provisions of the Patient Pro- Whereas, it is in the best interest of elec- tection and Affordable Care Act to facilitate HOUSE JOINT RESOLUTION NO. 0001 tricity consumers in Wyoming to continue to its equitable implementation in the terri- benefit from reliable, affordable electricity Whereas, Taiwan, the United States, and in tories; to the Committee on Finance. particular the State of Wyoming share a his- provided by coal and natural gas-based elec- RESOLUTION NO. 316–32 (COR) torical and close relationship marked by tricity generating plants: Now, therefore be Whereas, the Patient Protection and Af- it: strong bilateral trade educational and cultural exchange, and tourism; and fordable Care Act (PPACA) is intended to Resolved by the members of the legislature of promote healthcare for millions of Ameri- the State of Wyoming: Whereas, Taiwan shares with the United Section 1. That Wyoming urges EPA, in de- States and the State of Wyoming the com- cans in the fifty (50) states and the District veloping, guidelines for regulating carbon di- mon values of freedom, democracy, human of Columbia, by providing access to afford- oxide emissions from existing power plants, rights, and rule of law; and able healthcare, ensuring quality through to respect the primacy of Wyoming and to Whereas, the United States ranks as Tai- market reforms, and advancing prevention take into account the unique policies, energy wan’s third largest trading partner, Taiwan and public health; and needs, resource mix and economic priorities is the tenth largest trading partner of the Whereas, existing health insurance proof Wyoming and other states. United States and bilateral trade reached viders in the U.S. offshore territories shall Section 2. That EPA should issue guide- $67.2 billion in 2011; and have to meet higher standards of minimum lines and approve state-established perform- Whereas, Taiwan and the State of Wyo- coverage pursuant to the market reforms, ance standards that are based on reductions ming have enjoyed a long and mutually ben- which include: essential health benefits, of carbon dioxide emissions that are prac- eficial relationship with the prospect further guaranteed issue, guaranteed renewability, tical and achievable by measures undertaken growth; and prohibitions on excluding preexisting condi- at fossil-fueled power plants. Whereas, the United States on November 1, tions, adjusted community rating, and other Section 3. That Wyoming and other states 2012, officially included Taiwan in its Visa consumer protections; and should be given maximum flexibility by EPA Waiver Program, allowing Taiwan’s citizens Whereas, the PPACA also seeks to set up a to implement carbon dioxide performance to travel to the United States for tourism or healthcare exchange system nation-wide, standards for fossil-fueled power plants with- business for stays of ninety (90) days or less through which Americans could buy or pur- in their jurisdiction. without being required to obtain a visa, and chase not only affordable coverage, but cov- Section 4. That the Secretary of State of the program will increase tourism and busi- erage with better essential health benefits; Wyoming transmit copies of this resolution ness between Taiwan and the United States, and to the President of the United States, to the particularly Wyoming, with the prospect of Whereas, to help accomplish this in the President of the Senate and the Speaker of thirty percent (30%) to forty percent (40%) fifty (50) states and Washington, D.C., the the House of Representatives of the United growth of Taiwanese travelers to the United PPACA additionally provides the means to States Congress and to the Wyoming Con- States in 2013, rising from four hundred partially offset the states’ costs of operating gressional Delegation. thousand (400,000) Taiwanese travelers in the exchanges, or the optional implementa- 2011; and tion of an equivalent qualifying program, POM–213. A joint memorial adopted by the Whereas, the issue of U.S. beef exports to through what are known as the individual Legislature of the State of Washington urg- Taiwan has been settled, and the resumption and business mandates, as provided pursuant ing the President of the United States and of trade talks on the Trade and Investment to specific applicable excise tax provisions of Congress to pass and sign into law legisla- Framework Agreement and the signing of the Internal Revenue Code; and tion reforming the harbor maintenance tax; the Free Trade Agreement between Taiwan Whereas, the Public Health Services Act to the Committee on Environment and Pub- and the United States will not only help to (PHSA), that includes benefits for the terri- lic Works. forge a closer relationship but will also cre- tories, provides that, ‘‘The term ‘‘State’’

VerDate Mar 15 2010 03:06 Apr 11, 2014 Jkt 079060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\RECORD14\S08AP4.REC S08AP4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE April 8, 2014 CONGRESSIONAL RECORD — SENATE S2237 means each of the several States, the Dis- gress. [Bank of America v. Chaco, C.A. Guam Resolved, that I Mina’Trentai Dos Na trict of Columbia, Puerto Rico, the Virgin Is- 1976, 539 F 2d 1226]; and Liheslaturan Gua˚ han (the 32nd Guam Legis- lands, Guam, American Samoa, and the Whereas, pursuant to the taxation limita- lature) does hereby, on behalf of the people Northern Mariana Islands’’ (PHSA tions established in the Organic Act of of Guam, request that the President of the 2791(d)(14)); and Guam, as previously provided by the U.S. United States, the U.S. House of Representa- Whereas, in Title I of the PPACA, it Congress in 1950, Guam is now prevented tives, the U.S. Senate, and the Secretary of amends the PHSA, and provides that, ‘‘In from unilaterally implementing under local the U.S. Department of Health and Human this Title, the term ‘‘State’’ means each of law the individual and business mandates, by Services further consider and amend, as nec- the 50 States and the District of Columbia’’ way of Guam’s implementation of the mir- essary, the provisions of the PPACA so as to (ACA 1304(d)); and rored excise tax provisions taken from the facilitate its equitable implementation in Whereas, the U.S. Department of Health Internal Revenue Code and established under the territories, which must be inclusive of a and Human Services has determined that local law; and determination to: PPACA’s Public Health Service Act provi- Whereas, Guam’s four domestic health in- 1. Include Guam in the mandates and pro- sions, to include market reforms (e.g., guar- surance carriers have stated, in a January 23, vide for the phased-in applicability of the anteed issue, guaranteed renewability, prohi- 2014 briefing before the Guam Legislature, provisions of the PPACA, and fully provide bitions on preexisting condition exclusions, that the resulting impact of the PPACA the correlated premium subsidies and addi- essential health benefits, adjusted commu- market reforms will cause carriers to raise tional Medicaid subsidies; and nity rating, and other consumer protec- premium rates to offset the costs of imple- 2. Finally address the October 16, 2013 let- tions), will apply to health insurance cov- menting the applicable market reforms; and ter the National Association of Insurance erage sold in the territories; and Whereas, although the PPACA is intended Commissioners (NAIC) sent to Secretary to increase access to affordable healthcare Whereas, the U.S. Department of Health Kathleen Sebelius, U.S. Department of for millions of Americans in the fifty (50) and Human Services has determined that Health and Human Services, regarding the states and the District of Columbia, it will PPACA’s individual and business mandates inequities and challenges that Guam and have the unintended opposite impact for are not applicable to Guam; and other U.S. territories are facing with the im- Americans in the off-shore U.S. territory of Whereas, the individual and business man- plementation of PPACA; and be it further dates are necessary to help offset the costs of Guam; and Whereas, the National Association of In- Resolved, that the Speaker certify, and the anticipated increases in health insurance Legislative Secretary attest to, the adoption premiums, the implementation of which is surance Commissioners (NAIC) has duly considered the impact to the U.S. territories, hereof, and that copies of the same be there- directly impeded by the exclusion, and is fur- after transmitted to the Honorable Barack ther exacerbated; and and has stated, in a letter to the U.S. Sec- retary of Health and Human Services, dated Obama, President, United States of America; Whereas, the selective inclusion or denial to the Speaker of the U.S. House of Rep- of applicability to Guam places Guam in an October 16, 2013, ‘‘We urge you . . . to provide the Territories with the flexibility that they resentatives; to the President of the U.S. untenable position, insofar that the market Senate; to the Secretary of the U.S. Depart- reforms are applicable, but the means to par- need to determine whether and how the market reforms should be applied’’; and ment of Health and Human Services; to the tially fund it through the individual and Secretary of the U.S. Department of the In- business mandates are specifically excluded; Whereas, the NAIC paper further states, ‘‘Though the statute itself is unclear, (HHS) terior; to the Assistant Secretary of the In- and has determined that the ACA’s market re- terior for Insular Affairs; to the Honorable Whereas, the PPACA’s inequitable and un- Jack Kingston, Chairman, Subcommittee on equal applicability to America’s off-shore forms will apply to health insurance coverage sold in the territories, while the indi- Labor, Health and Human Services, Edu- territories will likely have the unintended cation, and Related Agencies, 113th Con- opposite impact of driving up the cost of vidual and employer mandates will not. If a territory elects to implement health insur- gress, U.S. House of Representatives; to the healthcare coverage if certain provisions are Honorable Tom Harkin, Chairman, Com- not amended so as to properly include or ex- ance exchanges, they will receive a limited allotment of subsidy funding that only cov- mittee on Health, Education, Labor, and empt the territories to the extent necessary ers a fraction of needed funds. As a result, Pensions, U.S. Senate; to the Honorable and realistically practicable; and Madeleine Z. Bordallo, Guam’s Congressional Whereas, the Attorney General of Guam the threat of adverse selection driving up Delegate, 113th Congress, U.S. House of Rep- has raised in his response to a Legislative in- premiums is much higher than it is in the resentatives; and to the Honorable Edward quiry (LEG 12–0708), that the government states’’; and Whereas, the Guam Legislature takes due J.B. Calvo, I Maga’lahen Gua˚ han. could find itself liable, and stated, in part, note of the NAIC paper which highlights ‘‘If we establish an Exchange, Guam will ‘‘the often-stated position taken by the POM–216. A resolution adopted by the have to pay the Advance Premium Tax Cred- ACA’s congressional sponsors and the admin- House of Representatives of the State of it under U.S.C.A. § 36B. This is an unfunded istration that these reforms are not possible Michigan memorializing the President and mandate that Guam has to pay and it has without the individual mandate and the sub- Congress of the United States to support been estimated that this will cost Guam 74 sidies’’; and Michigan’s application for a state-sponsored Million Dollars per year. If Guam does not Whereas, the Guam Legislature supports EB–5 regional center; to the Committee on establish an Exchange, there is the possi- the veracity of the information provided, and the Judiciary. bility that a class action lawsuit could be endorses the statement, findings and argu- HOUSE RESOLUTION NO. 315 brought for payment of this credit much like ments put forward by the NAIC to the Sec- the Earned Income Tax Credit lawsuit in the retary; and Whereas, Attracting job-producing invest- past’’; and Whereas, Guam’s inability to participate is ments is critical to the continued economic Whereas, Guam’s Insurance Commissioner not from an unwillingness on our part, but, recovery of the state of Michigan and the has estimated that it would cost the govern- rather, from a failure to duly consider the United States as a whole. Michigan—a long- ment of Guam a minimum of 74 Million Dol- situation of Guam, the size of our population standing leader of our nation’s industrial lars annually to cover the eligible members and insurance risk pool, our economy, and economy—sustained significant damage in in an exchange, yet Guam’s share of the the conflicting statutes and unfunded man- the aftermath of the 2002 and 2008 economic startup appropriation under the PPACA is dates the Congress has unilaterally estab- downturns. In recent years, however, Michi- only 24 Million Dollars, which is a one-time lished; and gan’s economic engine has begun turning subsidy and is not an annually recurring ap- Whereas, the American citizens of the off- again, marked by increasing property values propriation, a situation that, ‘‘if a territory shore U.S. territory of Guam must not be ex- and per capita incomes as well as an unem- elects to implement health insurance excluded from the opportunity to be legiti- ployment rate that continues to decline. changes, they will receive a limited allot- mately included in the PPACA; and With strides still to go, capital investments, ment of subsidy funding that only covers a Whereas, it would only prove just and including foreign direct investments, can in- fraction of needed funds’’ (see NAIC—October proper for the Secretary of the U.S. Depart- fuse new growth in Michigan’s economy and 16, 2013, letter to Secretary); and ment of Health and Human Services, and the is an important element for Michigan’s con- Whereas, the individual and business man- honorable Members of the U.S. House of Rep- tinued recovery; and dates are tied into specific excise tax provi- resentatives and the U.S. Senate, to duly Whereas, The EB–5 investor-immigrant sions of the Internal Revenue Code, which consider the issues and matters raised in this program is a constructive tool for attracting are not applicable to Guam, and it must be Resolution; and foreign investments to Michigan. In this pro- duly noted that Section 31 of the Organic Whereas, at the urging and request of gram, immigrants willing to invest at least Act (48 U.S.C.) was enacted by the Congress Americans in the respective fifty (50) states $1,000,000 in capital to create a new business primarily to relieve the U.S. Treasury of and District of Columbia, numerous exten- or take over an existing, troubled business making direct appropriations to the govern- sions and accommodations have been grant- can obtain an employment-based visa. For ment of Guam. Although Congress delegated ed by the administration and the Secretary targeted unemployment areas—areas like collection and enforcement function of the of the U.S. Department of Health and Human Detroit that are experiencing an unemploy- income tax to the government of Guam, the Services, yet no extensions or accommoda- ment rate at least 150 times the national av- government of Guam is powerless to vary the tions have been provided to the Americans in erage—or rural areas, an employment-based terms of the Internal Revenue Code as ap- the off-shore U.S. territories; now therefore, visa can be issued with a minimum invest- plied to Guam, except as permitted by Con- be it ment of $500,000. This capital investment

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2238 CONGRESSIONAL RECORD — SENATE April 8, 2014 goes toward creating American jobs, rebuild- revitalize, and reinvigorate the city. In re- United States, and all amendments adopted ing and revitalizing our neighborhoods, and cent years, Detroit, an iconic American city, to date have been initiated by two-thirds of bringing new money to our local economies. has seen an unprecedented decline in popu- the members of both houses of Congress and EB–5 participants, as required by the federal lation, and the loss of local revenue has ratified by three-fourths of the states; and statute, must directly create or retain at made it difficult for the city to meet its fi- Whereas, the operations of a convention least ten domestic jobs within two years, nancial obligations. Recruiting skilled pro- are unknown and the apportionment and se- jobs that otherwise may have never come to fessionals is one step toward achieving eco- lection of delegates, method of voting in con- the United States; and nomic recovery and relieving the city’s acute vention, and other essential procedural de- Whereas, EB–5 regional centers serve as a unemployment. In addition to adding a valu- tails are not specified in Article V of the mechanism for coordinating and attracting able new dynamic to the local economy, with Constitution of the United States; and potential investor-immigrants as well as of- their employment comes new consumers, in- Whereas, the General Assembly of Virginia fering investor-immigrants enhanced serv- creasing demand, and job growth in other has not called for a convention to amend the ices. Public regional centers can serve as sectors; and Constitution of the United States in the re- international marketers for the area in Whereas, Allowing immigrants to fill va- cent past, but in the more distant past has which they represent. Public regional cen- cant STEM positions would provide an eco- called for a convention (i) by House Joint ters also serve as concentrators of economic nomic boost to the state of Michigan and the Resolution No. 168 in 1977 concerning a presi- development, compounding investment after city of Detroit. Through the recruitment and dential item veto, (ii) by the second resolved investment into their local economies. In- retention of foreign-born professionals, tar- clause of Senate joint Resolution No. 36 in geted immigration can help quench the vestor-immigrants using regional centers 1976 concerning a balanced budget, and (iii) unmet demands of Michigan’s labor mar- also benefit from a broader interpretation of by other resolutions applying to the Con- ket—avoiding the suppression of economic the EB–5 job creation requirement. While the gress to call a convention; and production and growth that results—and minimum investment requirements remain Whereas, the status of these past resolu- help fortify the long-term health of its econ- the same, immigrant-investors going tions is unclear and the prudent course re- omy. Immigrants working in the United through an EB–5 regional center may count quires the General Assembly to rescind and States also leverage their skills to con- indirect job creation as well; and withdraw all past applications for a conven- Whereas, The establishment of a state of tribute to the American economy rather than increasing the productivity and value tion to amend the Constitution of the United Michigan EB–5 regional center would be a States lest a convention be convened with- crucial component in the ongoing effort to of another nation’s economy; and Whereas, Federal employment-based visa out current and careful consideration; now, rebuild our economy. State-sponsored re- therefore, be it gional centers provide an unparalleled abil- programs, particularly the EB–2 program, grant foreign-born professionals legal work- Resolved by the House of Delegates, the ity to attract and retain potential investors. Senate concurring, That the General Assem- States like Michigan can bring investor-im- ing status in the United States. Designed for individuals with advanced degrees or its bly of Virginia rescinds and withdraws all migrants to the table in ways private re- past resolutions by the General Assembly ap- gional centers cannot and develop solid, last- equivalent, the EB–2 program permits for- plying to the Congress of the United States ing relationships. Statewide regional centers eign-born professionals with STEM-related to call a convention for the purpose of can also develop and deploy an estimable or business skills to be employed with do- amending the Constitution of the United portfolio of statewide resources like indus- mestic businesses, businesses otherwise unable to fill these jobs with the existing labor States including HJR No. 168 (1977), SJR No. trial site searches, facilitate connections market. This program also encourages immi- 36 (1976), and all other resolutions calling for with local suppliers, laborers, and other busi- grants with exceptional abilities—abilities a convention; and, be it nesses, and provide a general orientation of in science, art, or business that are signifi- Resolved Further, That the Clerk of the the government and economic environment cantly above those of ordinary workers in House of Delegates transmit certified copies to business owners; now, therefore, be it of this joint resolution to the Archivist of Resolved by the House of Representatives, the field—to obtain an EB–2 visa; and Whereas, The state of Michigan has re- the United States at the National Archives That we memorialize the President and Con- quested a pilot program be instituted to re- and Records Administration of the United gress of the United States to support Michi- allocate 50,000 EB–2 visas over the next five States, the President of the United States gan’s application for a state-sponsored EB–5 years for use in the city of Detroit. As pro- Senate, the Speaker of the United States regional center; and be it further posed, 5,000 visas would be made available to Resolved, That copies of this resolution be House of Representatives, and the members foreign-born professionals the first year, transmitted to the President of the United of the Virginia delegation to the United 10,000 visas for the next three years, and States, President of the United States Sen- States Senate and House of Representatives. 15,000 visas would be available in the fifth ate, the Speaker of the United States House year. Rather than taking from the national of Representatives, Chairman and Ranking POM–219. A resolution adopted by the pool of annually-available EB–2 visas, the Member of the United States Senate Com- Delaware County Board of Supervisors of the administration would reallocate any unused mittee on the Judiciary, Chairman and State of New York entitled ‘‘In Support of EB–1, EB–2, EB–3, and family-based pref- Ranking Member of the United States House Home Rule 1494 ‘Blue Water Navy Account- erence visas into the EB–2 pilot program, ability Act’ ’’; to the Committee on Armed Committee on the Judiciary, Director of the making them available for employment op- United States Citizenship and Immigration Services. portunities in the city of Detroit; now, POM–220. A resolution adopted by the Leg- Services, and the members of the Michigan therefore, be it islature of Ulster County of the State of New congressional delegation. Resolved by the House of Representatives, York urging the Federal Energy Regulatory That we memorialize the President and Con- POM–217. A resolution adopted by the Commission (FERC) to postpone indefinitely gress of the United States to support Michi- its order issued August 13, 2013 and halt the House of Representatives of the State of gan’s request for 50,000 EB–2 visas to assist in Michigan memorializing the President and creation of the New Capacity Zone; to the the economic recovery of the city of Detroit; Committee on Energy and Natural Re- Congress of the United States to support and be it further Michigan’s request for 50,000 EB–5 visas to sources. Resolved, That copies of this resolution be POM–221. A petition from citizens of the assist in the economic recovery of the city of transmitted to the President of the United Detroit; to the Committee on the Judiciary. State of New York relative to the repeal of States, President of the United States Sen- the New York Secure Ammunition and Fire- HOUSE RESOLUTION NO. 316 ate, the Speaker of the United States House arms Enforcement Act of 2013; to the Com- Whereas, Professionals with advanced of Representatives, Chairman and Ranking mittee on the Judiciary. skills in science, technology, engineering, or Member of the United States Senate Com- mathematics (STEM) are crucial to the con- mittee on the Judiciary, Chairman and f tinued development of our economy. How- Ranking Member of the United States House REPORTS OF COMMITTEES ever, Michigan continues to suffer from a Committee on the Judiciary, Director of the shortage of workers with advanced training United States Citizenship and Immigration The following reports of committees in STEM-related skills, and this shortage is Services, and the members of the Michigan were submitted: expected to worsen over the coming years congressional delegation. By Ms. LANDRIEU, from the Committee with STEM-related occupations growing 1.7 on Energy and Natural Resources, with an times the rate of non-STEM-related occupa- POM–218. A joint resolution adopted by the amendment in the nature of a substitute: tions. By 2018, Michigan is estimated to have General Assembly of the Commonwealth of S. 1237. A bill to improve the administra- 274,000 more STEM-related positions avail- Virginia rescinding and withdrawing all past tion of programs in the insular areas, and for able than professionals to fill them. While resolutions by the General Assembly apply- other purposes (Rept. No. 113–146). we are committed to increasing STEM pro- ing to the Congress of the United States to By Ms. LANDRIEU, from the Committee ficiency in our own students, Michigan must call a convention for the purpose of amend- on Energy and Natural Resources, without also seek out and retain professionals with ing the Constitution of the United States; to amendment: advanced degrees to help build our economy the Committee on the Judiciary. H.R. 697. A bill to provide for the convey- now; and HOUSE JOINT RESOLUTION NO. 194 ance of certain Federal land in Clark Coun- Whereas, The city of Detroit has a special Whereas, there has been no convention ty, Nevada, for the environmental remedi- need for skilled professionals to help rebuild, convened to amend the Constitution of the ation and reclamation of the Three Kids

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 8, 2014 CONGRESSIONAL RECORD — SENATE S2239 Mine Project Site, and for other purposes EXECUTIVE REPORT OF INTRODUCTION OF BILLS AND (Rept. No. 113–147). COMMITTEE—TREATIES JOINT RESOLUTIONS By Ms. STABENOW, from the Committee on Agriculture, Nutrition, and Forestry, The following executive report of The following bills and joint resolu- without amendment: committee was submitted: tions were introduced, read the first S. 1294. A bill to designate as wilderness By Mr. MENENDEZ, from the Committee and second times by unanimous con- certain public land in the Cherokee National on Foreign Relations: sent, and referred as indicated: Forest in the State of Tennessee, and for [Treaty Doc. 111–7 Tax Convention with By Ms. HIRONO (for herself, Mr. LEE, other purposes. Hungary (without printed report)] Mr. KIRK, and Ms. KLOBUCHAR): f The text of the committee-recommended S. 2218. A bill to amend the Immigration resolutions of advice and consent to ratifica- and Nationality Act to provide for the eligi- EXECUTIVE REPORTS OF tion are as follows: bility of certain territories and regions for COMMITTEES Section 1. Senate Advice and Consent Sub- designation for participation in the visa The following executive reports of ject to a Declaration. waiver program and for other purposes; to The Senate advises and consents to the nominations were submitted: the Committee on the Judiciary. ratification of the Convention between the By Mr. MARKEY: By Ms. STABENOW for the Committee on Government of the United States of America S. 2219. A bill to require the National Tele- Agriculture, Nutrition, and Forestry. and the Government of the Republic of Hun- communications and Information Adminis- * Timothy G. Massad, of Connecticut, to be gary for the Avoidance of Double Taxation tration to update a report on the role of tele- a Commissioner of the Commodity Futures and the Prevention of Fiscal Evasion with communications, including the Internet, in Trading Commission for a term expiring Respect to Taxes on Income, signed at Buda- the commission of hate crimes; to the Com- April 13, 2017. pest February 4, 2010, with a related agree- mittee on Commerce, Science, and Transpor- * Timothy G. Massad, of Connecticut, to be ment effected by exchange of notes February tation. Chairman of the Commodity Futures Trad- 4, 2010 (the ‘‘Convention’’) (Treaty Doc. 111– By Mr. THUNE (for himself and Ms. ing Commission.* 7), subject to the declaration of section 2. KLOBUCHAR): * J. Christopher Giancarlo, of New Jersey, Sec. 2. Declaration. S. 2220. A bill to provide protections for The advice and consent of the Senate to be a Commissioner of the Commodity Fu- certain sports medicine professionals who under section 1 is subject to the following tures Trading Commission for the remainder provide certain medical services in a sec- declaration: The Convention is self-exe- of the term expiring April 13, 2014. ondary State; to the Committee on Health, cuting. * Sharon Y. Bowen, of New York, to be a Education, Labor, and Pensions. Commissioner of the Commodity Futures [Treaty Doc. 111–8 Protocol Amending Tax By Mr. LEVIN: Trading Commission for a term expiring Convention with Luxembourg] S. 2221. A bill to extend the authorization April 13, 2018. Section 1. Senate Advice and Consent Sub- for the Automobile National Heritage Area By Mr. LEVIN for the Committee on ject to a Declaration. in Michigan; to the Committee on Energy Armed Services. The Senate advises and consents to the and Natural Resources. * Brian P. McKeon, of New York, to be a ratification of the Protocol Amending the By Mr. WALSH: Principal Deputy Under Secretary of De- Convention between the Government of the S. 2222. A bill to require a Comptroller fense. United States of America and the Govern- General of the United States report on the Air Force nominations beginning with ment of the Grand Duchy of Luxembourg for sexual assault prevention activities of the Colonel David P. Baczewski and ending with the Avoidance of Double Taxation and the Department of Defense and the Armed Colonel Ricky G. Yoder, which nominations Prevention of Fiscal Evasion with Respect to Forces; to the Committee on Armed Serv- were received by the Senate and appeared in Taxes on Income and Capital, signed at Lux- ices. the Congressional Record on February 26, embourg on May 20, 2009, with a related By Mr. HARKIN (for himself, Mr. 2014. (minus 4 nominees: Colonel Mark W. agreement effected by exchange of notes MERKLEY, and Mr. REID): Anderson; Colonel Michael E. Guillory; Colo- May 20, 2009 (the ‘‘Protocol’’) (Treaty Doc. S. 2223. A bill to provide for an increase in nel Thomas J. Owens II; Colonel Frank H. 111–8), subject to the declaration of section 2. the Federal minimum wage and to amend Stokes) Sec. 2. Declaration. the Internal Revenue Code of 1986 to extend Air Force nomination of Lt. Gen. John E. The advice and consent of the Senate increased expensing limitations and the Hyten, to be General. under section 1 is subject to the following treatment of certain real property as section Air Force nomination of Maj. Gen. Wendy declaration: The Protocol is self-executing. 179 property; read the first time. M. Masiello, to be Lieutenant General. [Treaty Doc. 112–5 Protocol Amending the Navy nomination of Rear Adm. (Ih) Mar- Convention on Mutual Administrative As- f garet G. Kibben, to be Rear Admiral. sistance in Tax Matters] Navy nomination of Capt. Brent W. Scott, Section 1. Senate Advice and Consent Sub- to be Rear Admiral (lower half). ject to a Declaration. SUBMISSION OF CONCURRENT AND Navy nomination of Vice Adm. Sean A. The Senate advises and consents to the SENATE RESOLUTIONS Pybus, to be Vice Admiral. ratification of the Protocol Amending the The following concurrent resolutions Marine Corps nomination of Col. John R. Convention on Mutual Administrative As- Ewers, Jr., to be Major General. sistance in Tax Matters, done at Paris May and Senate resolutions were read, and Mr. LEVIN. Mr. President, for the 27, 2010 (the ‘‘Protocol’’) (Treaty Doc. 112–5), referred (or acted upon), as indicated: Committee on Armed Services I report subject to the declaration of section 2. By Mr. UDALL of Colorado (for him- favorably the following nomination list Sec. 2. Declaration. self, Mr. ALEXANDER, Mr. BROWN, Mr. The advice and consent of the Senate HEINRICH, Mr. UDALL of New Mexico, which was printed in the RECORD on under section 1 is subject to the following Mr. CORKER, Mr. GRAHAM, Mr. the date indicated, and ask unanimous declaration: The Convention is self-exe- MCCONNELL, Mr. PORTMAN, and Ms. consent, to save the expense of reprint- cuting. MURKOWSKI): ing on the Executive Calendar that this [Treaty Doc. 112–8 Tax Convention with S. Res. 417. A resolution designating Octo- nomination lie at the Secretary’s desk Chile] ber 30, 2014, as a national day of remem- for the information of Senators. Section 1. Senate Advice and Consent Sub- brance for nuclear weapons program work- The PRESIDING OFFICER. Without ject to a Declaration. ers; to the Committee on the Judiciary. objection, it is so ordered. The Senate advises and consents to the By Mr. BROWN (for himself and Mr. ratification of the Protocol Amending the ENZI): Marine Corps nominations beginning with Convention between the Government of the S. Res. 418. A resolution to honor Gal- Bamidele J. Abogunrin and ending with Phil- United States of America and the Govern- laudet University, a premier institution of lip M. Zeman, which nominations were re- ment of the Grand Duchy of Luxembourg for higher education for deaf and hard of hearing ceived by the Senate and appeared in the the Avoidance of Double Taxation and the people in the United States, on the occasion Congressional Record on January 7, 2014. Prevention of Fiscal Evasion with Respect to of its 150th anniversary and to recognize the * Nomination was reported with rec- Taxes on Income and Capital, signed at Lux- impact of the University on higher edu- ommendation that it be confirmed sub- embourg May 20, 2009, with a related agree- cation; to the Committee on Health, Edu- ject to the nominee’s commitment to ment effected by exchange of notes May 20, cation, Labor, and Pensions. respond to requests to appear and tes- 2009 (the ‘‘Protocol’’) (Treaty Doc. 111–8), By Ms. KLOBUCHAR (for herself and tify before any duly constituted com- subject to the declaration of section 2. Mr. FRANKEN): Sec. 2. Declaration. S. Res. 419. A resolution recognizing the mittee of the Senate. The advice and consent of the Senate celebration of National Student Employ- (Nominations without an asterisk under section 1 is subject to the following ment Week 2014 at the University of Min- were reported with the recommenda- declaration: The Convention is self-exe- nesota Duluth; to the Committee on Health, tion that they be confirmed.) cuting. Education, Labor, and Pensions.

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2240 CONGRESSIONAL RECORD — SENATE April 8, 2014 ADDITIONAL COSPONSORS 1410, a bill to focus limited Federal re- S. 2023 S. 315 sources on the most serious offenders. At the request of Mr. DURBIN, the At the request of Ms. KLOBUCHAR, the S. 1431 name of the Senator from Missouri name of the Senator from Washington At the request of Mr. WYDEN, the (Mrs. MCCASKILL) was added as a co- (Ms. CANTWELL) was added as a cospon- name of the Senator from Montana sponsor of S. 2023, a bill to reform the sor of S. 315, a bill to reauthorize and (Mr. WALSH) was added as a cosponsor financing of Senate elections, and for extend the Paul D. Wellstone Muscular of S. 1431, a bill to permanently extend other purposes. Dystrophy Community Assistance, Re- the Internet Tax Freedom Act. S. 2091 search, and Education Amendments of S. 1611 At the request of Mr. HELLER, the 2008. At the request of Mr. BENNET, the name of the Senator from Montana S. 398 name of the Senator from Delaware (Mr. WALSH) was added as a cosponsor At the request of Ms. COLLINS, the (Mr. CARPER) was added as a cosponsor of S. 2091, a bill to amend title 38, name of the Senator from Wisconsin of S. 1611, a bill to require certain United States Code, to improve the (Ms. BALDWIN) was added as a cospon- agencies to conduct assessments of processing by the Department of Vet- sor of S. 398, a bill to establish the data centers and develop data center erans Affairs of claims for benefits Commission to Study the Potential consolidation and optimization plans. under laws administered by the Sec- Creation of a National Women’s His- S. 1659 retary of Veterans Affairs, and for tory Museum, and for other purposes. At the request of Mr. DURBIN, the other purposes. S. 462 name of the Senator from West Vir- S. 2103 At the request of Mrs. BOXER, the ginia (Mr. ROCKEFELLER) was added as At the request of Mr. BOOZMAN, the name of the Senator from Colorado a cosponsor of S. 1659, a bill to amend name of the Senator from Oklahoma (Mr. UDALL) was added as a cosponsor the Higher Education Act of 1965 re- (Mr. INHOFE) was added as a cosponsor of S. 462, a bill to enhance the strategic garding proprietary institutions of of S. 2103, a bill to direct the Adminis- partnership between the United States higher education in order to protect trator of the Federal Aviation Admin- and Israel. students and taxpayers. istration to issue or revise regulations S. 484 S. 1728 with respect to the medical certifi- At the request of Mr. INHOFE, the At the request of Mr. CORNYN, the cation of certain small aircraft pilots, name of the Senator from South Da- name of the Senator from Montana and for other purposes. kota (Mr. THUNE) was added as a co- (Mr. WALSH) was added as a cosponsor S. 2106 sponsor of S. 484, a bill to amend the of S. 1728, a bill to amend the Uni- At the request of Mrs. FISCHER, the Toxic Substances Control Act relating formed and Overseas Citizens Absentee name of the Senator from Texas (Mr. to lead-based paint renovation and re- Voting Act to improve ballot accessi- CORNYN) was added as a cosponsor of S. modeling activities. bility to uniformed services voters and 2106, a bill to amend the Internal Rev- S. 526 overseas voters, and for other purposes. enue Code of 1986 to provide that the At the request of Mr. WALSH, his S. 1738 individual health insurance mandate name was added as a cosponsor of S. At the request of Mr. CORNYN, the not apply until the employer health in- 526, a bill to amend the Internal Rev- name of the Senator from Alaska (Mr. surance mandate is enforced without enue Code of 1986 to make permanent BEGICH) was added as a cosponsor of S. exceptions. the special rule for contributions of 1738, a bill to provide justice for the S. 2141 qualified conservation contributions, victims of trafficking. At the request of Mr. REED, the name and for other purposes. S. 1862 of the Senator from Ohio (Mr. BROWN) S. 715 At the request of Mr. BLUNT, the was added as a cosponsor of S. 2141, a At the request of Mr. WALSH, his name of the Senator from Arkansas bill to amend the Federal Food, Drug, name was added as a cosponsor of S. (Mr. PRYOR) was added as a cosponsor and Cosmetic Act to provide an alter- 715, a bill to authorize the Secretary of of S. 1862, a bill to grant the Congres- native process for review of safety and the Interior to use designated funding sional Gold Medal, collectively, to the effectiveness of nonprescription sun- to pay for construction of authorized Monuments Men, in recognition of screen active ingredients and for other rural water projects, and for other pur- their heroic role in the preservation, purposes. poses. protection, and restitution of monu- S. 2162 S. 890 ments, works of art, and artifacts of At the request of Mrs. MURRAY, the At the request of Mr. PAUL, the name cultural importance during and fol- name of the Senator from Maryland of the Senator from Texas (Mr. CRUZ) lowing World War II. (Ms. MIKULSKI) was added as a cospon- was added as a cosponsor of S. 890, a S. 1873 sor of S. 2162, a bill to amend the Inter- bill to clarify the definition of navi- At the request of Mr. REED, the name nal Revenue Code of 1986 to establish a gable waters, and for other purposes. of the Senator from Connecticut (Mr. deduction for married couples who are S. 1135 MURPHY) was added as a cosponsor of S. both employed and have young chil- At the request of Mr. CASEY, the 1873, a bill to provide for institutional dren and to increase the earned income names of the Senator from California risk-sharing in the Federal student tax credit for childless workers, and to (Mrs. FEINSTEIN) and the Senator from loan programs. provide for budget offsets. Hawaii (Ms. HIRONO) were added as co- S. 1925 S. 2170 sponsors of S. 1135, a bill to amend the At the request of Mr. HOEVEN, the At the request of Mr. CRUZ, the name Safe Drinking Water Act to repeal a name of the Senator from Massachu- of the Senator from Utah (Mr. LEE) was certain exemption for hydraulic frac- setts (Mr. MARKEY) was added as a co- added as a cosponsor of S. 2170, a bill to turing, and for other purposes. sponsor of S. 1925, a bill to limit the re- free the private sector to harness do- S. 1277 trieval of data from vehicle event data mestic energy resources to create jobs At the request of Mrs. BOXER, the recorders. and generate economic growth by re- name of the Senator from Alaska (Mr. S. 2013 moving statutory and administrative BEGICH) was added as a cosponsor of S. At the request of Mr. RUBIO, the barriers. 1277, a bill to establish a commission name of the Senator from Wisconsin S. 2188 for the purpose of coordinating efforts (Mr. JOHNSON) was added as a cosponsor At the request of Mr. TESTER, the to reduce prescription drug abuse, and of S. 2013, a bill to amend title 38, name of the Senator from Hawaii (Mr. for other purposes. United States Code, to provide for the SCHATZ) was added as a cosponsor of S. S. 1410 removal of Senior Executive Service 2188, a bill to amend the Act of June 18, At the request of Mr. DURBIN, the employees of the Department of Vet- 1934, to reaffirm the authority of the name of the Senator from Alaska (Mr. erans Affairs for performance, and for Secretary of the Interior to take land BEGICH) was added as a cosponsor of S. other purposes. into trust for Indian tribes.

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 8, 2014 CONGRESSIONAL RECORD — SENATE S2241 S. 2195 mittee on Energy and Natural Re- which was referred to the Committee At the request of Mr. CRUZ, the name sources. on the Judiciary: of the Senator from Illinois (Mr. KIRK) Mr. LEVIN. Mr. President, the auto- S. RES. 417 was added as a cosponsor of S. 2195, a mobile is central to who we are as Whereas, since World War II, hundreds of bill to deny admission to the United Michiganians. The automotive indus- thousands of men and women, including ura- States to any representative to the try helped create the middle class, nium miners, millers, and haulers, have United Nations who has been found to shape the labor movement, establish served the United States by building nuclear have been engaged in espionage activi- America’s dominance in manufac- weapons for the defense of the United States; ties or a terrorist activity against the turing, and spur new innovation across Whereas those dedicated workers paid a United States and poses a threat to a range of other economic sectors. high price for their service to develop a nuclear weapons program for the benefit of the United States national security inter- For these reasons, Congressman DIN- United States, including by developing dis- ests. GELL in the House of Representatives abling or fatal illnesses; S. 2199 and I in the Senate introduced legisla- Whereas the Senate recognized the con- At the request of Ms. MIKULSKI, the tion in 1998 to establish the Motor Cit- tribution, service, and sacrifice those patri- names of the Senator from California ies National Heritage Area. That legis- otic men and women made for the defense of the United States in Senate Resolution 151, (Mrs. BOXER), the Senator from Indiana lation specified the heritage area 111th Congress, agreed to May 20, 2009, Sen- (Mr. DONNELLY), the Senator from Illi- would serve not only to preserve and interpret the history of our Nation’s ate Resolution 653, 111th Congress, agreed to nois (Mr. DURBIN), the Senator from September 28, 2010, Senate Resolution 275, California (Mrs. FEINSTEIN), the Sen- automotive heritage, but that it would 112th Congress, agreed to September 26, 2011, ator from Minnesota (Mr. FRANKEN), also promote current and future eco- Senate Resolution 519, 112th Congress, the Senator from New York (Mrs. nomic opportunities. agreed to August 1, 2012, and Senate Resolu- GILLIBRAND), the Senator from Iowa The MotorCities National Heritage tion 164, 113th Congress, agreed to September (Mr. HARKIN), the Senator from North Area has provided over one million dol- 18, 2013; Whereas a national day of remembrance Dakota (Ms. HEITKAMP), the Senator lars to support tourism projects that time capsule has been crossing the United from Minnesota (Ms. KLOBUCHAR), the have boosted economic activity and jobs. These grants attract additional States, collecting artifacts and the stories of Senator from Vermont (Mr. LEAHY), nuclear weapons program workers relating the Senator from Missouri (Mrs. investment because funding is typi- to the nuclear defense era of the United MCCASKILL), the Senator from West cally matched by more than $6 for each States, and a remembrance quilt has been Virginia (Mr. ROCKEFELLER), the Sen- $1 in grant funding. MotorCities also constructed to memorialize the contribution ator from Hawaii (Mr. SCHATZ), the connects a broad range of auto-related of those workers; Senator from Montana (Mr. TESTER), organizations and attractions, and has Whereas the stories and artifacts reflected the Senator from Colorado (Mr. connected more than 100 organizations, in the time capsule and the remembrance quilt reinforce the importance of recognizing UDALL), the Senator from New Mexico which has bolstered their visibility and impact. nuclear weapons program workers; and (Mr. UDALL), the Senator from Virginia Whereas those patriotic men and women (Mr. WARNER) and the Senator from Michigan is a magnet for car enthu- deserve to be recognized for the contribu- Delaware (Mr. COONS) were added as co- siasts and history buffs around the tion, service, and sacrifice they have made sponsors of S. 2199, a bill to amend the globe and MotorCities helps them learn for the defense of the United States: Now, Fair Labor Standards Act of 1938 to about our history and celebrate it with therefore, be it provide more effective remedies to vic- us. When visitors come to Detroit to Resolved, That the Senate— tims of discrimination in the payment see where Henry Ford built the Model (1) designates October 30, 2014, as a national day of remembrance for the nuclear of wages on the basis of sex, and for T or to Lansing to learn about the rise of Oldsmobile, the existence of the weapons program workers, including ura- other purposes. nium miners, millers, and haulers, of the S. 2205 Motor Cities National Heritage Area United States; and enhances their visit. At the request of Mr. ENZI, the name (2) encourages the people of the United These activities will not be supported of the Senator from Maine (Ms. COL- States to support and participate in appro- by the National Park Service after LINS) was added as a cosponsor of S. priate ceremonies, programs, and other ac- 2205, a bill to amend the Internal Rev- September 30, 2014 due to a sunset tivities to commemorate October 30, 2014, as a national day of remembrance for past and enue Code of 1986 to exempt certain clause in the original enabling legislation. For this reason I am introducing present workers in the nuclear weapons pro- small businesses from the employer gram of the United States. health insurance mandate and to mod- today legislation to extend the date for f ify the definition of full-time employee which federal assistance may still be for purposes of such mandate. provided. Congressman DINGELL is in- SENATE RESOLUTION 418—TO troducing similar legislation in the S. RES. 364 HONOR GALLAUDET UNIVER- House. We have extended the period SITY, A PREMIER INSTITUTION At the request of Mr. INHOFE, the during which the Park Service can sup- name of the Senator from Mississippi OF HIGHER EDUCATION FOR port the Heritage Area to September DEAF AND HARD OF HEARING (Mr. WICKER) was added as a cosponsor 30, 2030. PEOPLE IN THE UNITED STATES, of S. Res. 364, a resolution expressing Michigan’s automotive heritage is support for the internal rebuilding, re- ON THE OCCASION OF ITS 150TH worthy of celebration, remembrance ANNIVERSARY AND TO RECOG- settlement, and reconciliation within and appreciation. I hope my colleagues Sri Lanka that are necessary to ensure NIZE THE IMPACT OF THE UNI- will support the legislation I am intro- VERSITY ON HIGHER EDUCATION a lasting peace. ducing today. S. RES. 410 Mr. BROWN (for himself and Mr. f At the request of Mr. MENENDEZ, the ENZI) submitted the following resolu- names of the Senator from Illinois (Mr. SUBMITTED RESOLUTIONS tion; which was referred to the Com- DURBIN) and the Senator from Nevada mittee on Health, Education, Labor, (Mr. REID) were added as cosponsors of and Pensions: SENATE RESOLUTION 417—DESIG- S. Res. 410, a resolution expressing the S. RES. 418 NATING OCTOBER 30, 2014, AS A sense of the Senate regarding the anni- Whereas in 1856, philanthropist and former NATIONAL DAY OF REMEM- versary of the Armenian Genocide. postmaster general Amos Kendall donated BRANCE FOR NUCLEAR WEAP- land on his estate in northeast Washington, f ONS PROGRAM WORKERS D.C. for a place to educate the city’s deaf STATEMENTS ON INTRODUCED Mr. UDALL of Colorado (for himself, youth, and, 8 years later, President Abraham Lincoln signed a bill authorizing the institu- BILLS AND JOINT RESOLUTIONS Mr. ALEXANDER, Mr. BROWN, Mr. HEIN- tion to grant college degrees; By Mr. LEVIN: RICH, Mr. UDALL of New Mexico, Mr. Whereas theology graduate Thomas Hop- S. 2221. A bill to extend the author- CORKER, Mr. GRAHAM, Mr. MCCONNELL, kins Gallaudet was inspired to dedicate his ization for the Automobile National Mr. PORTMAN, and Ms. MURKOWSKI) life to educating deaf people after tutoring Heritage Area in Michigan; to the Com- submitted the following resolution; Alice Cogswell, a 9-year-old deaf neighbor,

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2242 CONGRESSIONAL RECORD — SENATE April 8, 2014 and traveled to France, where he learned a national recognition over the years for their the payment of wages on the basis of sex, and manual communication method of instruc- accomplishments in a variety of sports, for other purposes; which was ordered to lie tion developed by renowned French edu- while also being recognized for their success on the table. cators Abbe Sicard, Laurent Clerc, and Jean in the classroom by being named All-Aca- SA 2963. Mrs. FISCHER (for herself, Ms. Massieu; demic honorees within their collegiate con- COLLINS, Ms. AYOTTE, and Ms. MURKOWSKI) Whereas upon returning to the United ferences by posting cumulative grade point submitted an amendment intended to be pro- States, Gallaudet established the American averages of 3.20 or higher during the year; posed by her to the bill S. 2199, supra; which School for the Deaf, the first permanent Whereas Gallaudet’s anniversary goals are was ordered to lie on the table. school for deaf children in the United States, to— SA 2964. Mr. THUNE (for himself, Mr. in Hartford, Connecticut; (1) honor its years of academic excellence; INHOFE, and Ms. MURKOWSKI) submitted an Whereas in 1857, Thomas Gallaudet’s (2) use this milestone to launch new initia- amendment intended to be proposed by him youngest son, Edward Miner Gallaudet, took tives, discussions, and partnerships that will to the bill S. 2199, supra; which was ordered up his father’s cause when he and his deaf lead the University forward; to lie on the table. mother, Sophia Fowler Gallaudet, were in- (3) emphasize that Gallaudet is first and SA 2965. Mr. ALEXANDER submitted an vited by Kendall to run the newly-estab- foremost a university in which academic dis- amendment intended to be proposed by him lished Columbia Institution for the Instruc- course plays a central role; to the bill S. 2199, supra; which was ordered tion of the Deaf and Dumb and the Blind in (4) recognize the University’s unique place to lie on the table. Washington, D.C.; in deaf history; SA 2966. Mr. LEE (for himself and Ms. (5) acknowledge and celebrate both the Whereas with Kendall’s resources and Ed- MURKOWSKI) submitted an amendment in- continuity and the change the campus has ward Gallaudet’s leadership and vision, the tended to be proposed by him to the bill S. seen, including Gallaudet University’s pro- fledgling school grew and flourished, expand- 2199, supra; which was ordered to lie on the gression towards a greater diversity of peo- ing to provide instruction for aspiring teach- table. ple and ideas; ers of the deaf and becoming the world’s SA 2967. Mr. HELLER (for himself and Ms. first, and currently only, institution of high- (6) demonstrate Gallaudet’s impact on the world and underscore the University’s lead- MURKOWSKI) submitted an amendment in- er education devoted to deaf and hard of tended to be proposed by him to the bill S. hearing students and to hearing students ership role on the local, national, and international level; and 2199, supra; which was ordered to lie on the who with to pursue careers as professionals table. serving the deaf community; (7) highlight the continuous support of Gallaudet’s alumni and collaborations with SA 2968. Mr. RUBIO (for himself, Mr. Whereas following the 1969 signing of the MCCONNELL, Mr. GRAHAM, Mr. ENZI, Mr. Model Secondary School for the Deaf Act the Gallaudet University Alumni Associa- tion; and BLUNT, Mr. FLAKE, Mr. JOHNSON of Wis- (MSSD) by President Lyndon Johnson, Sec- consin, Mr. ROBERTS, Mr. HATCH, Mr. THUNE, retary of the United States Department of Whereas Gallaudet’s 150th year theme is ‘‘Gallaudet University: Celebrating 150 Years Mr. COBURN, Mr. RISCH, Mr. CORNYN, Mr. Health, Education, and Welfare Wilbur WICKER, Mr. ALEXANDER, and Mr. INHOFE) Cohen and Gallaudet President Leonard of Visionary Leadership’’, and this theme will guide decisions on all activities planned submitted an amendment intended to be pro- Elstad signed an agreement authorizing the posed by him to the bill S. 2199, supra; which establishment and operation of the MSSD on in recognition of Gallaudet University’s ses- quicentennial: Now, therefore, be it was ordered to lie on the table. the Gallaudet campus; SA 2969. Mr. REID (for Mr. CARDIN) pro- Whereas in 1970, President Richard Nixon Resolved, That the Senate honors Gallaudet University on the occasion of its 150th anni- posed an amendment to the resolution S. signed a bill to authorize the establishment Res. 361, recognizing the threats to freedom of Kendall Demonstration Elementary versary and recognizes its contributions to higher education in the United States and of the press and expression in the People’s School (along with MSSD, a component of Republic of China and urging the Govern- Gallaudet’s Laurent Clerc National Deaf around the world. f ment of the People’s Republic of China to Education Center), devoted to the creation take meaningful steps to improve freedom of and dissemination of educational opportuni- SENATE RESOLUTION 419—RECOG- expression as fitting of a responsible inter- ties for deaf students nationwide; NIZING THE CELEBRATION OF national stakeholder. Whereas by an Act of Congress, Gallaudet NATIONAL STUDENT EMPLOY- was granted university status in October MENT WEEK 2014 AT THE UNI- f 1986, and in March 1988, the Deaf President Now (DPN) movement led to the appoint- VERSITY OF MINNESOTA DU- ment of the University’s first deaf president, LUTH TEXT OF AMENDMENTS Dr. I. King Jordan, and the first deaf chair of Ms. KLOBUCHAR (for herself and Mr. Mr. MCCONNELL (for him- the Board of Trustees, Philip Bravin; SA 2962. FRANKEN) submitted the following res- self, Ms. AYOTTE, and Mr. ISAKSON) sub- Whereas the DPN movement has become olution; which was referred to the synonymous with self-determination and em- mitted an amendment intended to be powerment for deaf and hard of hearing peo- Committee on Health, Education, proposed by him to the bill S. 2199, to ple everywhere; Labor, and Pensions: amend the Fair Labor Standards Act of Whereas the new millennium at Gallaudet S. RES. 419 1938 to provide more effective remedies has brought events such as the Deaf Way II Whereas National Student Employment to victims of discrimination in the festival, the opening of the technology-rich Week offers the University of Minnesota Du- payment of wages on the basis of sex, I. King Jordan Student Academic Center, luth the opportunity to recognize students and for other purposes; which was or- and the dedication of the James Lee who work while attending college; dered to lie on the table; as follows: Sorenson Language and Communication Whereas the University of Minnesota Du- Center, a unique facility that provides an in- luth is committed to increasing awareness of After section 9, insert the following: clusive learning environment compatible student employment as an educational expe- SEC. 9A. PRIVATE SECTOR WORKPLACE FLEXI- with the visu-centric ‘‘deaf way of being’’; rience for students and as an alternative to BILITY. Whereas Gallaudet’s undergraduate stu- financial aid; (a) COMPENSATORY TIME; FLEXIBLE CREDIT dents can choose from more than 40 majors Whereas there are nearly 1,500 student em- HOUR PROGRAM.—Section 7 of the Fair Labor leading to bachelor of arts or bachelor of ployees at the University of Minnesota Du- Standards Act of 1938 (29 U.S.C. 207) is science degrees, and students can enroll in luth; amended by adding at the end the following: graduate and certificate programs, leading Whereas the University of Minnesota Du- ‘‘(s) COMPENSATORY TIME FOR PRIVATE EM- to master of arts, master of science, doc- luth recognizes the importance of student PLOYEES.— toral, and specialist degrees in a variety of employees to their employers; and ‘‘(1) DEFINITIONS.—In this subsection— fields involving professional service to deaf Whereas National Student Employment ‘‘(A) the term ‘employee’ does not include and hard of hearing people; Week is celebrated the week of April 14 an employee of a public agency; and Whereas through the Gallaudet University through 18, 2014: Now, therefore, be it ‘‘(B) the terms ‘overtime compensation’, career center, students receive internships Resolved, That the Senate recognizes the ‘compensatory time’, and ‘compensatory that provide a wealth of experiential learn- celebration of National Student Employ- time off’ have the meanings given the terms ing opportunities, including placements in ment Week at the University of Minnesota in subsection (o)(7). local and Federal government offices; Duluth. ‘‘(2) GENERAL RULE.—An employee may re- Whereas today Gallaudet is viewed by deaf f ceive, in accordance with this subsection and and hearing people alike as a primary re- AMENDMENTS SUBMITTED AND in lieu of monetary overtime compensation, source for all things related to deaf and hard compensatory time off at a rate not less of hearing people, including educational and PROPOSED than one and one-half hours for each hour of career opportunities, open communication SA 2962. Mr. MCCONNELL (for himself, Ms. employment for which overtime compensa- and visual learning, deaf history and culture, AYOTTE, and Mr. ISAKSON) submitted an tion is required by this section. American Sign Language, and technology amendment intended to be proposed by him ‘‘(3) AGREEMENT REQUIRED.—An employer that impacts the deaf community; to the bill S. 2199, to amend the Fair Labor may provide compensatory time to an em- Whereas Gallaudet student-athletes have Standards Act of 1938 to provide more effec- ployee under paragraph (2) only in accord- consistently gained national and inter- tive remedies to victims of discrimination in ance with—

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 8, 2014 CONGRESSIONAL RECORD — SENATE S2243 ‘‘(A) applicable provisions of a collective ployee for accrued compensatory time under ‘‘(i) applicable provisions of a collective bargaining agreement between an employer this subsection shall compensate the em- bargaining agreement between an employer and a labor organization that has been cer- ployee at a rate not less than the greater and a labor organization that has been certified or recognized as the representative of of— tified or recognized as the representative of the employees of the employer under appli- ‘‘(i) the regular rate, as defined in sub- the employees of the employer under applicable law; or section (e), of the employee on the date the cable law; or ‘‘(B) in the case of an employee who is not employee earned such compensatory time; or ‘‘(ii) in the case of an employee who is not represented by a labor organization de- ‘‘(ii) the final regular rate, as defined in represented by a labor organization described in subparagraph (A), an agreement subsection (e), received by such employee. scribed in clause (i), an agreement between between the employer and employee arrived ‘‘(B) TREATMENT AS UNPAID OVERTIME.— the employer and the employee arrived at at before the performance of the work— Any monetary payment owed to an employee before the performance of the work that— ‘‘(i) in which the employer has offered and for unused compensatory time under this ‘‘(I) the employee enters into knowingly, the employee has chosen to receive compen- subsection, as calculated in accordance with voluntarily, and not as a condition of em- satory time off under this subsection in lieu subparagraph (A), shall be considered unpaid ployment; and of monetary overtime compensation; overtime compensation for the purposes of ‘‘(II) is affirmed by a written statement ‘‘(ii) that the employee enters into know- this Act. maintained in accordance with section 11(c). ingly, voluntarily, and not as a condition of ‘‘(8) USING COMPENSATORY TIME.—An em- ‘‘(B) HOURS DESIGNATED.—An agreement employment; and ployer shall permit an employee to take that is entered into under subparagraph (A) ‘‘(iii) that is affirmed by a written or oth- time off work for compensatory time ac- shall provide that, at the election of the em- erwise verifiable record maintained in accrued under paragraph (2) within a reason- ployee, the employer and the employee will cordance with section 11(c). able time after the employee makes a re- jointly designate flexible credit hours for the ‘‘(4) HOUR LIMIT.—An employee may accrue quest for using such compensatory time if employee to work within an applicable pe- not more than 160 hours of compensatory the use does not unduly disrupt the oper- riod of time. time under this subsection and shall receive ations of the employer. ‘‘(4) HOUR LIMIT.—An employee partici- overtime compensation for any such com- ‘‘(9) PROHIBITION OF COERCION.— pating in a flexible credit hour program may pensatory time in excess of 160 hours. ‘‘(A) IN GENERAL.—An employer that pro- not accrue more than 50 flexible credit hours ‘‘(5) UNUSED COMPENSATORY TIME.— vides compensatory time under paragraph (2) and shall receive overtime compensation for ‘‘(A) COMPENSATION PERIOD.— shall not directly or indirectly intimidate, flexible credit hours in excess of 50 hours. ‘‘(i) IN GENERAL.—Except as provided in threaten, or coerce, or attempt to intimi- ‘‘(5) UNUSED FLEXIBLE CREDIT HOURS.— clause (ii), not later than January 31 of each date, threaten, or coerce any employee for ‘‘(A) IN GENERAL.—Except as provided in calendar year, the employer of the employee the purpose of interfering with the rights of subparagraph (B), not later than January 31 shall provide monetary compensation for an employee under this subsection— of each calendar year, the employer of an any unused compensatory time under this ‘‘(i) to use accrued compensatory time in employee who is participating in a flexible subsection accrued during the preceding cal- accordance with paragraph (8) in lieu of re- credit hour program shall provide monetary endar year that the employee did not use ceiving monetary compensation; compensation for any flexible credit hour ac- prior to December 31 of the preceding year at crued during the preceding calendar year ‘‘(ii) to refrain from using accrued compen- the rate prescribed by paragraph (7)(A). that the employee did not use prior to De- satory time in accordance with paragraph (8) ‘‘(ii) ALTERNATIVE COMPENSATION PERIOD.— cember 31 of the preceding calendar year at and receive monetary compensation; or An employer may designate and commu- a rate prescribed by paragraph (7)(A)(i). ‘‘(iii) to refrain from entering into an nicate to an employee a 12-month period ‘‘(B) ALTERNATIVE COMPENSATION PERIOD.— agreement to accrue compensatory time other than the calendar year for determining An employer may designate and commu- under this subsection. unused compensatory time under this sub- nicate to the employees of the employer a 12- ‘‘(B) DEFINITION.—In subparagraph (A), the section, and the employer shall provide mon- month period other than the calendar year term ‘intimidate, threaten, or coerce’ in- etary compensation not later than 31 days for determining unused flexible credit hours, cludes— after the end of such 12-month period at the and the employer shall provide monetary ‘‘(i) promising to confer or conferring any rate prescribed by paragraph (7)(A). compensation, at a rate prescribed by para- benefit, such as appointment, promotion, or ‘‘(B) EXCESS OF 80 HOURS.—An employer graph (7)(A)(i), not later than 31 days after may provide monetary compensation, at the compensation; or the end of the 12-month period. ‘‘(ii) effecting or threatening to effect any rate prescribed by paragraph (7)(A), for any ‘‘(6) PROGRAM DISCONTINUANCE AND WITH- reprisal, such as deprivation of appointment, unused compensatory time under this sub- DRAWAL.— promotion, or compensation. section of an employee in excess of 80 hours ‘‘(A) EMPLOYER.—An employer that has es- at any time after giving the employee not ‘‘(t) FLEXIBLE CREDIT HOUR PROGRAM FOR tablished a flexible credit hour program less than 30 days notice. PRIVATE EMPLOYEES.— under paragraph (2) may discontinue a flexi- ‘‘(C) TERMINATION OF EMPLOYMENT.—Upon ‘‘(1) DEFINITIONS.—In this subsection— ble credit hour program for employees de- the voluntary or involuntary termination of ‘‘(A) the term ‘at the election of’, used scribed in paragraph (3)(A)(ii) after providing an employee, the employer of such employee with respect to an employee, means at the notice to such employees not less than 30 shall provide monetary compensation at the initiative of, and at the request of, the em- days before discontinuing such program. rate prescribed by paragraph (7)(A) for any ployee; ‘‘(B) EMPLOYEE.— unused compensatory time under this sub- ‘‘(B) the term ‘basic work requirement’ ‘‘(i) IN GENERAL.—An employee may with- section. means the number of hours, excluding over- draw an agreement described in paragraph ‘‘(6) WITHDRAWAL OF COMPENSATORY TIME time hours, that an employee is required to (3)(A)(ii) at any time by submitting written AGREEMENT.— work or is required to account for by leave notice of withdrawal to the employer of the ‘‘(A) EMPLOYER.—Except where a collective or otherwise within a specified period of employee not less than 30 days before the bargaining agreement provides otherwise, an time; withdrawal. employer that has adopted a policy of offer- ‘‘(C) the term ‘employee’ does not include ‘‘(ii) REQUEST FOR MONETARY COMPENSA- ing compensatory time to employees under an employee of a public agency; TION.—An employee may request in writing, this subsection may discontinue such policy ‘‘(D) the term ‘flexible credit hour’ means at any time, that the employer of such em- after providing employees notice not less any hour that an employee, who is partici- ployee provide monetary compensation for than 30 days prior to discontinuing the pol- pating in a flexible credit hour program, all accrued and unused flexible credit hours. icy. works in excess of the basic work require- Within 30 days after receiving such written ‘‘(B) EMPLOYEE.— ment; and request, the employer shall provide the em- ‘‘(i) IN GENERAL.—An employee may with- ‘‘(E) the term ‘overtime compensation’ has ployee monetary compensation for such un- draw an agreement described in paragraph the meaning given the term in subsection used flexible credit hours at a rate prescribed (3)(B) after providing notice to the employer (o)(7). by paragraph (7)(A)(i). of the employee not less than 30 days prior ‘‘(2) PROGRAM ESTABLISHMENT.—An em- ‘‘(7) MONETARY COMPENSATION.— to the withdrawal. ployer may establish a flexible credit hour ‘‘(A) FLEXIBLE CREDIT HOURS.— ‘‘(ii) REQUEST FOR MONETARY COMPENSA- program for an employee to accrue flexible ‘‘(i) RATE OF COMPENSATION.—An employer TION.—At any time, an employee may re- credit hours in accordance with this sub- providing monetary compensation to an em- quest in writing monetary compensation for section and, in lieu of monetary compensa- ployee for accrued flexible credit hours shall any accrued and unused compensatory time tion, reduce the number of hours the em- compensate such employee at a rate not less under this subsection. The employer of such ployee works in a subsequent day or week at than the regular rate, as defined in sub- employee shall provide monetary compensa- a rate of one hour for each hour of employ- section (e), of the employee on the date the tion at the rate prescribed by paragraph ment for which overtime compensation is re- employee receives the monetary compensa- (7)(A) within 30 days of receiving the written quired by this section. tion. request. ‘‘(3) AGREEMENT REQUIRED.— ‘‘(ii) TREATMENT AS UNPAID OVERTIME.— ‘‘(7) MONETARY COMPENSATION.— ‘‘(A) IN GENERAL.—An employer may carry Any monetary payment owed to an employee ‘‘(A) RATE OF COMPENSATION.—An employer out a flexible credit hour program under for unused flexible credit hours under this providing monetary compensation to an em- paragraph (2) only in accordance with— subsection, as calculated in accordance with

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2244 CONGRESSIONAL RECORD — SENATE April 8, 2014 clause (i), shall be considered unpaid over- rate received by such individual, and the women have made significant strides, both in time compensation for the purposes of this value of unused, accrued flexible credit hours the workforce and in their educational pur- Act. under section 7(t) of the Fair Labor Stand- suits. ‘‘(B) OVERTIME HOURS.— ards Act of 1938 (29 U.S.C. 207(t)), all of which (4) Currently, according to a Prudential ‘‘(i) IN GENERAL.—Any hour that an em- shall be deemed to have been earned within Research Study, 60 percent of women are the ployee works in excess of 40 hours in a work- 180 days before the date of the filing of the primary earners in their households and the week that is requested in advance by the em- petition or the date of the cessation of the Bureau of Labor Statistics has found that 47 ployer, other than a flexible credit hour, debtor’s business, whichever occurs first, at percent of women are members of the work- shall be an ‘overtime hour’. a rate of compensation described in para- force. ‘‘(ii) RATE OF COMPENSATION.—The em- graph (7)(A)(i) of such section 7(t)’’ after (5) According to the Department of Edu- ployee shall be compensated for each over- ‘‘sick leave pay’’. cation, women receive 57 percent of all col- time hour at a rate not less than one and (e) GAO REPORT.—Beginning 2 years after lege degrees, a 33 percent increase from 1970. one-half times the regular rate at which the the date of enactment of this Act and each of (6) Women hold the majority of positions employee is employed, in accordance with the 3 years thereafter, the Comptroller Gen- in the 5 fastest growing fields, and women eral of the United States shall submit a re- subsection (a)(1), or receive compensatory are more likely than men to work in profes- port to Congress providing, with respect to time off in accordance with subsection (s), sional and related occupations. the reporting period immediately prior to for each such overtime hour. (7) Despite this significant progress, sur- each such report— ‘‘(8) USE OF FLEXIBLE CREDIT HOURS.—An veys suggest there is a concern among Amer- employer shall permit an employee to use (1) data concerning the extent to which employers provide compensatory time and ican women that gender-based pay discrimi- accrued flexible credit hours to take time off nation still exists. work, in accordance with the rate prescribed flexible credit hours under subsections (s) and (t) of section 7 of the Fair Labor Stand- (8) Over the last 15 years, the Equal Em- by paragraph (2), within a reasonable time ployment Opportunity Commission has re- after the employee makes a request for such ards Act of 1938 (29 U.S.C. 207), as added by this section, and the extent to which em- ceived on average 2,400 complaints annually use if the use does not unduly disrupt the op- alleging gender-based pay discrimination. erations of the employer. ployees opt to receive compensatory time under such subsection (s) and flexible credit This represents two to three percent of ‘‘(9) PROHIBITION OF COERCION.— charges filed with the Commission during ‘‘(A) IN GENERAL.—An employer shall not hours under such subsection (t); (2) the number of complaints alleging a the same time period. Even though the Com- directly or indirectly intimidate, threaten, mission determines that no discrimination or coerce, or attempt to intimidate, threat- violation of subsection (s)(9) or (t)(9) of section 7 of the Fair Labor Standards Act of occurred in a majority of these complaints, en, or coerce, any employee for the purpose the extent to which these allegations con- of interfering with the rights of the em- 1938 (29 U.S.C. 207) filed by any employee with the Secretary of Labor, and the disposi- tinue underscores there is still progress to be ployee under this subsection— made. ‘‘(i) to elect or not to elect to participate tion or status of such complaints; (3) the number of enforcement actions (9) A number of factors contribute to dif- in a flexible credit hour program, or to elect ferences in total compensation, including or not to elect to work flexible credit hours; commenced by such Secretary, or commenced by such Secretary on behalf of any variations in occupation, education, hours or worked, institutional knowledge, and other ‘‘(ii) to use or refrain from using accrued employee, for alleged violations of sub- business reasons and personal choices that flexible credit hours in accordance with section (s)(9) or (t)(9) of such section, and the shape career paths and earning potential. paragraph (8). disposition or status of such actions; and ‘‘(B) DEFINITION.—In subparagraph (A), the (4) an account of any unpaid wages, dam- SEC. 3. PROHIBITION ON WAGE DISCRIMINATION. term ‘intimidate, threaten, or coerce’ has ages, penalties, injunctive relief, or other Pursuant to Federal law in effect on the the meaning given the term in subsection remedies obtained or sought by such Sec- (s)(9).’’. retary in connection with such actions de- date of enactment of this Act: (b) REMEDIES.—Section 16 of the Fair scribed in paragraph (3). (1) IN GENERAL.—No employer shall dis- Labor Standards Act of 1938 (29 U.S.C. 216) is (f) RULE OF CONSTRUCTION.—Section 11(c) criminate, within any establishment in amended— shall not be construed to prevent small busi- which employees are employed by the em- (1) in subsection (b), as amended by section nesses, as described in such section, from ployer, between employees on the basis of 3(c), by striking ‘‘(b) Any employer’’ and in- participating in compensatory time under sex by paying wages to employees in such es- serting ‘‘(b) Except as provided in subsection section 7(s) of the Fair Labor Standards Act tablishment at a rate less than the rate at (f), any employer’’; and of 1938 (29 U.S.C. 207) and the flexible credit which the employer pays wages to employees hour program under section 7(t) of such Act, (2) by adding at the end the following: of the opposite sex in such establishment for ‘‘(f) An employer that violates subsection as amended by this section. equal work on jobs the performance of which (g) SUNSET.—This section and the amend- (s)(9) or (t)(9) of section 7 shall be liable to requires equal skill, effort, and responsi- ments made by this section shall expire on the affected employee in the amount of— bility, and which are performed under simi- the date that is 5 years after the date of en- ‘‘(1) the rate of compensation, determined lar working conditions, except where such actment of this Act. in accordance with subsection (s)(7)(A) or payment is made pursuant to— (t)(7)(A)(i) of section 7, for each hour of un- SA 2963. Mrs. FISCHER (for herself, (A) a seniority system; used compensatory time or for each unused Ms. COLLINS, Ms. AYOTTE, and Ms. (B) a merit system; flexible credit hour accrued by the employee; (C) a system which measures earnings by and MURKOWSKI) submitted an amendment intended to be proposed by her to the quantity or quality of production; or ‘‘(2) liquidated damages equal to the (D) a differential based on any other factor amount determined in paragraph (1).’’. bill S. 2199, to amend the Fair Labor other than sex. (c) NOTICE TO EMPLOYEES.—Not later than Standards Act of 1938 to provide more (2) LIMITATION.—An employer who is pay- 30 days after the date of enactment of this effective remedies to victims of dis- ing a wage rate differential in violation of Act, the Secretary of Labor shall revise the crimination in the payment of wages this section shall not, in order to comply to materials the Secretary provides, under reg- on the basis of sex, and for other pur- comply with the provisions of this section, ulations contained in section 516.4 of title 29, poses; which was ordered to lie on the reduce the wage rate of any employee. Code of Federal Regulations, to employers (3) NOTICE.—Every employer, employment for purposes of a notice explaining the Fair table; as follows: agency, and labor organization, as the case Labor Standards Act of 1938 (29 U.S.C. 201 et Strike all after the enacting clause and in- may be, shall post and keep posted in con- seq.) to employees so that the notice reflects sert the following: spicuous places upon its premises where no- the amendments made to such Act by this SECTION 1. SHORT TITLE. section. This Act may be cited as the ‘‘Workplace tices to employees, applicants for employ- (d) PROTECTIONS FOR CLAIMS RELATING TO Advancement Act’’. ment, and members are customarily posted, COMPENSATORY TIME OFF AND FLEXIBLE SEC. 2. FINDINGS. a notice to be prepared or approved by the CREDIT HOURS IN BANKRUPTCY PROCEEDING.— Congress makes the following findings: Equal Employment Opportunity Commission Section 507(a)(4)(A) of title 11, United States (1) In 1963, Congress passed on a bipartisan that sets forth excerpts, from or, summaries Code, is amended— basis the Equal Pay Act of 1963 to prohibit of, the pertinent provisions of title Act and (1) by striking ‘‘and’’; and discrimination on account of sex in the pay- of title VII of the Civil Rights Act of 1964, (2) by inserting ‘‘, the value of unused, ac- ment of wages for equal work performed by and information pertinent to the filing of a crued compensatory time off under section employees for employers engaged in com- complaint. 7(s) of the Fair Labor Standards Act of 1938 merce or in the production of goods for com- SEC. 4. INDUSTRY OR SECTOR PARTNERSHIP (29 U.S.C. 207(s)), all of which shall be merce. GRANT. deemed to have been earned within 180 days (2) Following the passage of such Act, in before the date of the filing of the petition or 1964, Congress passed on a bipartisan basis (a) AMENDMENT.—Subtitle D of title I of the date of the cessation of the debtor’s busi- the Civil Rights Act of 1964. the Workforce Investment Act of 1998 (29 ness, whichever occurs first, at a rate of (3) Since the passage of both the Equal Pay U.S.C. 2911 et seq.) is amended by inserting compensation not less than the final regular Act of 1963 and the Civil Rights Act of 1964, after section 171 the following:

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‘‘SEC. 171A. INDUSTRY OR SECTOR PARTNERSHIP industry cluster and includes, at the appro- ‘‘(3) IMPLEMENTATION AND RENEWAL GRANT PROGRAM. priate stage of development of the partner- GRANTS.— ‘‘(a) PURPOSE.—It is the purpose of this ship— ‘‘(A) IN GENERAL.—The Secretary may section to promote industry or sector part- ‘‘(I) representatives of multiple firms or award an implementation grant under this nerships that lead collaborative planning, re- employers in the targeted industry cluster, section to an eligible entity that has estab- source alignment, and training efforts across including small- and medium-sized employ- lished, or is in the process of establishing, an multiple firms for a range of workers em- ers when practicable; industry or sector partnership. ployed or potentially employed by a targeted ‘‘(II) 1 or more representatives of local ‘‘(B) DURATION.—An implementation grant industry cluster, in order to encourage in- boards; shall be for a duration of not more than 3 dustry growth and competitiveness and to ‘‘(III) 1 or more representatives of postsec- years, and may be renewed in accordance improve worker training, retention, and ad- ondary educational institutions or other with subparagraph (C). vancement in targeted industry clusters, in- training providers; and ‘‘(C) RENEWAL.—The Secretary may renew cluding by developing— ‘‘(IV) 1 or more representatives of State an implementation grant for not more than ‘‘(1) immediate strategies for regions and workforce agencies or other entities pro- 3 years. A renewal of such grant shall be sub- communities to fulfill pressing skilled work- viding employment services. ject to the requirements of this section, ex- force needs; ‘‘(ii) DIVERSE AND DISTINCT REPRESENTA- cept that the Secretary shall— ‘‘(2) long-term plans to grow targeted in- TION.—No individual may serve as a member ‘‘(i) prioritize renewals to eligible entities dustry clusters with better training and a in an industry or sector partnership, as de- that can demonstrate the long-term sustain- more productive workforce; fined in this paragraph, for more than 1 of ability of an industry or sector partnership ‘‘(3) core competencies and competitive ad- the required categories described in sub- vantages for regions and communities under- funded under this section; and clauses (I) through (IV) of clause (i). ‘‘(ii) require assurances that the eligible going structural economic redevelopment; ‘‘(B) AUTHORIZED MEMBERS.—An industry and entity will leverage, in accordance with sub- or sector partnership may include represent- paragraph (D)(ii), each year of the grant pe- ‘‘(4) skill standards, career ladders, job re- atives of— definitions, employer practices, and shared riod, additional funding sources for the non- ‘‘(i) State or local government; Federal share of the grant which shall— training and support capacities that facili- ‘‘(ii) State or local economic development tate the advancement of workers at all skill ‘‘(I) be in an amount greater than— agencies; ‘‘(aa) the non-Federal share requirement levels. ‘‘(iii) other State or local agencies; ‘‘(b) DEFINITIONS.—In this section: described in subparagraph (D)(i)(III); and ‘‘(iv) chambers of commerce; ‘‘(bb) for the second and third year of the ‘‘(1) CAREER LADDER.—The term ‘career ‘‘(v) nonprofit organizations; ladder’ means an identified series of posi- grant period, the non-Federal share amount ‘‘(vi) philanthropic organizations; the eligible entity provided for the preceding tions, work experiences, and educational ‘‘(vii) economic development organiza- benchmarks or credentials that offer occupa- year of the grant; and tions; ‘‘(II) include at least a 50 percent cash tional and financial advancement within a ‘‘(viii) industry associations; and specified career field or related fields over match from the State or the industry clus- ‘‘(ix) other organizations, as determined ter, or some combination thereof, of the eli- time. necessary by the members comprising the in- gible entity. ‘‘(2) ECONOMIC SELF-SUFFICIENCY.—The dustry or sector partnership. ‘‘(D) FEDERAL AND NON-FEDERAL SHARE.— term ‘economic self-sufficiency’ means, with ‘‘(8) INDUSTRY-RECOGNIZED.—The term ‘in- ‘‘(i) FEDERAL SHARE.—Except as provided respect to a worker, earning a wage suffi- dustry-recognized’, used with respect to a in subparagraph (C)(ii) and clause (iii), the cient to support a family adequately over credential, means a credential that— Federal share of a grant under this section time, based on factors such as— ‘‘(A) is sought or accepted by businesses shall be— ‘‘(A) family size; within the industry or sector involved as a ‘‘(I) 90 percent of the costs of the activities ‘‘(B) the number and ages of children in the recognized, preferred, or required credential described in subsection (f), in the first year family; for recruitment, screening, or hiring pur- of the grant; ‘‘(C) the cost of living in the worker’s com- poses; and munity; and ‘‘(B) is endorsed by a nationally recognized ‘‘(II) 80 percent of such costs in the second ‘‘(D) other factors that may vary by re- trade association or organization rep- year of the grant; and gion. resenting a significant part of the industry ‘‘(III) 70 percent of such costs in the third ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible or sector, where appropriate. year of the grant. ‘‘(ii) NON-FEDERAL.—The non-Federal share entity’ means— ‘‘(9) NATIONALLY PORTABLE.—The term ‘na- ‘‘(A) an industry or sector partnership; or tionally portable’, used with respect to a cre- of a grant under this section may be in cash ‘‘(B) an eligible State agency. dential, means a credential that is sought or or in-kind, and may come from State, local, ‘‘(4) ELIGIBLE STATE AGENCY.—The term ‘el- accepted by businesses within the industry philanthropic, private, or other sources. igible State agency’ means a State agency sector involved, across multiple States, as a ‘‘(iii) EXCEPTION.—The Secretary may redesignated by the Governor of the State in recognized, preferred, or required credential quire the Federal share of a grant under this which the State agency is located for the for recruitment, screening, or hiring pur- section to be 100 percent if an eligible entity purposes of the grant program under this poses. receiving such grant is located in a State or section. ‘‘(10) TARGETED INDUSTRY CLUSTER.—The local area that is receiving a national emer- ‘‘(5) HIGH-PRIORITY OCCUPATION.—The term term ‘targeted industry cluster’ means an in- gency grant under section 173. ‘high-priority occupation’ means an occupa- dustry cluster that has— ‘‘(4) FISCAL AGENT.—Each eligible entity tion that— ‘‘(A) economic impact in a local or re- receiving a grant under this section that is ‘‘(A) has a significant presence in an indus- gional area, such as advanced manufac- an industry or sector partnership shall des- try cluster; turing, clean energy technology, and health ignate an entity in the partnership as the ‘‘(B) is in demand by employers; care; fiscal agent for purposes of this grant. ‘‘(C) pays family-sustaining wages that en- ‘‘(B) immediate workforce development ‘‘(5) USE OF GRANT FUNDS DURING GRANT PE- able workers to achieve economic self-suffi- needs, such as advanced manufacturing, RIODS.—An eligible entity receiving grant ciency, or can reasonably be expected to lead clean energy, technology, and health care; funds under a grant under this section shall to such wages; ‘‘(C) documented career opportunities; and expend grant funds or obligate grant funds to ‘‘(D) has or is in the process of developing ‘‘(D) a demonstrated workforce in which be expended by the last day of the grant pe- a documented career ladder; and women and minorities have been underrep- riod. ‘‘(E) has a significant impact on a region’s resented. ‘‘(d) APPLICATION PROCESS.— economic development strategy. ‘‘(c) GRANTS AUTHORIZED.— ‘‘(1) IDENTIFICATION OF A TARGETED INDUS- ‘‘(6) INDUSTRY CLUSTER.—The term ‘indus- ‘‘(1) IN GENERAL.—Subject to the avail- TRY CLUSTER.—In order to qualify for a grant try cluster’ means a concentration of inter- ability of appropriations to carry out this under this section, an eligible entity shall connected businesses, suppliers, research and section, the Secretary shall award, on a com- identify a targeted industry cluster that development entities, service providers, and petitive basis, grants described in paragraph could benefit from such grant by— associated institutions in a particular field (3) to eligible entities to enable the eligible ‘‘(A) working with businesses, industry as- that are linked by common workforce needs. entities to plan and implement, respectively, sociations and organizations, labor organiza- ‘‘(7) INDUSTRY OR SECTOR PARTNERSHIP.— the eligible entities’ strategic objectives in tions, State boards, local boards, economic The term ‘industry or sector partnership’ accordance with subsection (d)(2)(D). development agencies, and other organiza- means a workforce collaborative that is de- ‘‘(2) MAXIMUM AMOUNT.— tions that the eligible entity determines nec- scribed as follows: ‘‘(A) IMPLEMENTATION GRANTS.—An imple- essary, to identify an appropriate targeted ‘‘(A) REQUIRED MEMBERS.— mentation grant awarded under paragraph industry cluster based on criteria that in- ‘‘(i) IN GENERAL.—An industry or sector (3)(A) may not exceed a total of $2,500,000 for clude, at a minimum— partnership is a workforce collaborative that a 3-year period. ‘‘(i) data showing the competitiveness of organizes key stakeholders in a targeted in- ‘‘(B) RENEWAL GRANTS.—A renewal grant the industry cluster; dustry cluster into a working group that fo- awarded under paragraph (3)(C) may not ex- ‘‘(ii) the importance of the industry cluster cuses on the workforce needs of the targeted ceed a total of $1,500,000 for a 3-year period. to the economic development of the area

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An application submitted under ‘‘(VI) adopting new technologies; and ing an implementation grant under this sec- this paragraph shall contain, at a minimum, ‘‘(VII) fostering experiential and tion, an assurance that the eligible entity the following: contextualized on-the-job learning; will leverage other funding sources, in addi- ‘‘(A) A description of the eligible entity, ‘‘(viii) developing and strengthening career tion to the amount required for the non-Fed- evidence of the eligible entity’s capacity to ladders within and across companies, in eral share under subsection (c)(3)(D), to pro- carry out activities in support of the stra- order to enable dislocated, incumbent and vide training or supportive services to work- tegic objectives identified in the application entry-level workers to improve skills and ad- ers under the grant program. Such addi- under subparagraph (D), and a description of vance to higher-wage jobs; tional funding sources may include— the expected participation and responsibil- ‘‘(ix) improving job quality through im- ‘‘(i) funding under this title used for such ities of each of the mandatory partners de- proving wages, benefits, and working condi- training and supportive services; scribed in subsection (b)(8)(A). tions; ‘‘(ii) funding under title II; ‘‘(B) A description of the targeted industry ‘‘(x) helping partner companies in industry ‘‘(iii) economic development funding; cluster for which the eligible entity intends or sector partnerships to attract potential ‘‘(iv) employer contributions to training to carry out activities through a grant under employees from a diverse job seeker base, in- initiatives; or this section, and a description of how such cluding individuals with barriers to employ- ‘‘(v) providing employees with employee targeted industry cluster was identified in ment (such as job seekers who are low in- release time for such training or supportive accordance with paragraph (1). come, youth, older workers, and individuals services. ‘‘(C) A description of the workers that will who have completed a term of imprison- ‘‘(e) AWARD BASIS.— be targeted or recruited by the partnership, ment), by identifying such barriers through ‘‘(1) GEOGRAPHIC DISTRIBUTION.—The Sec- including an analysis of the existing labor analysis of the existing labor market and im- retary shall award grants under this section market, a description of potential barriers to plementing strategies to help such workers in a manner to ensure geographic diversity. employment for targeted workers, and a de- overcome such barriers; and ‘‘(2) PRIORITIES.—In awarding grants under scription of strategies that will be employed ‘‘(xi) strengthening connections among this section, the Secretary shall give pri- to help workers overcome such barriers. businesses in the targeted industry cluster, ority to eligible entities that— ‘‘(D) A description of the strategic objec- leading to cooperation beyond workforce ‘‘(A) work with employers within a tar- tives that the eligible entity intends to carry issues that will improve competitiveness and geted industry cluster to retain and expand out for the targeted industry cluster, which job quality, such as joint purchasing, market employment in high wage, high growth objectives shall include— research, or centers for technology and inno- areas; ‘‘(i) recruiting key stakeholders in the tar- vation. ‘‘(B) focus on helping workers move toward geted industry cluster, such as multiple busi- ‘‘(E) A description of the nationally port- economic self-sufficiency and ensuring the nesses and employers, labor organizations, able, industry-recognized credentials or, if workers have access to adequate supportive local boards, and education and training pro- not available, other credentials, related to services; viders, and regularly convening the stake- the targeted industry cluster that the eligi- ‘‘(C) address the needs of firms with lim- holders in a collaborative structure that sup- ble entity proposes to support, develop, or ited human resources or in-house training ports the sharing of information, ideas, and use as a performance measure, in order to capacity, including small- and medium-sized challenges common to the targeted industry carry out the strategic objectives described firms; cluster; in subparagraph (D). ‘‘(D) coordinate with entities carrying out ‘‘(ii) identifying the training needs of mul- ‘‘(F) A description of the manner in which State and local workforce investment, eco- tiple businesses, especially skill gaps critical the eligible entity intends to make sustain- nomic development, and education activi- to competitiveness and innovation to the able progress toward the strategic objec- ties; and targeted industry cluster; tives. ‘‘(E) work with employers within a tar- ‘‘(iii) facilitating economies of scale by ag- ‘‘(G) Performance measures for measuring geted industry cluster that has a workforce gregating training and education needs of progress toward the strategic objectives. in which women and minorities have been multiple employers; Such performance measures— underrepresented. ‘‘(iv) helping postsecondary educational in- ‘‘(i) may consider the benefits provided by ‘‘(f) ACTIVITIES.— stitutions, training institutions, apprentice- the grant activities funded under this sec- ‘‘(1) IN GENERAL.—An eligible entity receiv- ship programs, and all other training pro- tion for workers employed in the targeted in- ing a grant under this section shall carry out grams authorized under this Act, align cur- dustry cluster, disaggregated by gender and the activities necessary to meet the stra- ricula, entrance requirements, and programs race, such as— tegic objectives, including planning activi- to industry demand and nationally portable, ‘‘(I) the number of workers receiving na- ties if applicable, described in the entity’s industry-recognized credentials (or, if not tionally portable, industry-recognized cre- application in a manner that— available for the targeted industry, other dentials (or, if not available for the targeted ‘‘(A) integrates services and funding credentials, as determined appropriate by industry, other credentials) described in the sources in a way that enhances the effective- the Secretary), particularly for higher skill, application under subparagraph (E); ness of the activities; and high-priority occupations validated by the ‘‘(II) the number of workers with increased ‘‘(B) uses grant funds awarded under this industry; wages, the percentage of workers with in- section efficiently.

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‘‘(2) PLANNING ACTIVITIES.—Planning ac- ‘‘(III) coordinating with apprenticeships (4) establish a plan to provide for such con- tivities may only be carried out by an eligi- and cooperative education programs; solidations, including recommendations for ble entity receiving an implementation ‘‘(IV) how to work effectively with schools necessary legislation; and grant under this section during the first year providing vocational education; (5) contain legislative recommendations of the grant period with not more than ‘‘(V) how to work effectively with adult for consolidation. $250,000 of the grant funds. populations, including— (b) SUBMISSION.—Not later than 3 months ‘‘(3) ADMINISTRATIVE COSTS.—An eligible ‘‘(aa) dislocated workers; after the date of enactment of this Act, the entity may retain a portion of a grant ‘‘(bb) women in nontraditional occupa- Secretary of Labor shall submit the report awarded under this section for a fiscal year tions; and to the appropriate committees of Congress. to carry out the administration of this sec- ‘‘(cc) individuals with barriers to employ- SEC. 6. ENHANCED ENFORCEMENT OF EQUAL tion in an amount not to exceed 5 percent of ment, such as job seekers who— PAY ACT REQUIREMENTS. the grant amount. ‘‘(AA) are economically disadvantaged; Section 15(a) of the Fair Labor Standards ‘‘(g) EVALUATION AND PROGRESS REPORTS.— ‘‘(BB) have limited English proficiency; Act of 1938 (29 U.S.C. 215(a)) is amended— ‘‘(1) ANNUAL ACTIVITY REPORT AND EVALUA- ‘‘(CC) require remedial education; (1) in paragraph (5), by striking the period TION.—Not later than 1 year after receiving a ‘‘(DD) are older workers; and inserting ‘‘; or’’; and grant under this section, and annually there- ‘‘(EE) are individuals who have completed (2) by adding at the end the following: after, an eligible entity shall— a sentence for a criminal offense; and ‘‘(6) to discharge or in any other manner ‘‘(A) report to the Secretary, and to the ‘‘(FF) have other barriers to employment; retaliate against any employee because such Governor of the State that the eligible enti- ‘‘(VI) employer practices that are most ef- employee has inquired about, discussed, or ty serves, on the activities funded pursuant fective; disclosed comparative compensation infor- to a grant under this section; and ‘‘(VII) the types of training that are most mation for the purpose of determining ‘‘(B) evaluate the progress the eligible en- effective; whether the employer is compensating an tity has made toward the strategic objec- ‘‘(VIII) other areas where industry or sec- employee in a manner that provides equal tives identified in the application under sub- tor partnerships can assist each other; and pay for equal work, except that this para- section (d)(2)(D), and measure the progress ‘‘(IX) alignment of curricula to nationally graph shall not apply to instances in which using the performance measures identified in portable, industry-recognized credentials in an employee who has access to the wage in- the application under subsection (d)(2)(G). the sectors where they are available or, if formation of other employees as a part of ‘‘(2) REPORT TO THE SECRETARY.—An eligi- not available for the sector, other creden- such employee’s job functions discloses the ble entity receiving a grant under this sec- tials, as described in the application under wages of such other employees to an indi- tion shall submit to the Secretary a report subsection (d)(2)(E); vidual who does not otherwise have access to containing the results of the evaluation de- ‘‘(B) make resource materials, including such information, unless such disclosure is scribed in subparagraph (B) at such time and all reports published and all data collected in response to a charge or complaint or in in such manner as the Secretary may re- under this section, available on the Internet; furtherance of an investigation, proceeding, quire. and hearing, or action under section 6(d), includ- ‘‘(h) ADMINISTRATION BY THE SECRETARY.— ‘‘(C) conduct conferences and seminars to— ing an investigation conducted by the em- ‘‘(1) ADMINISTRATIVE COSTS.—The Secretary ‘‘(i) disseminate information on best prac- ployee. may retain not more than 10 percent of the tices developed by eligible entities receiving Nothing in paragraph (6) shall be construed funds appropriated to carry out this section a grant under this section; and to limit the rights of an employee provided for each fiscal year to administer this sec- ‘‘(ii) provide information to the commu- under any other provision of law.’’. tion. nities of eligible entities. ‘‘(2) TECHNICAL ASSISTANCE AND OVER- ‘‘(5) REPORT.—Not later than 18 months SA 2964. Mr. THUNE (for himself, Mr. after the date of enactment of the Workplace SIGHT.—The Secretary shall provide tech- INHOFE, and Ms. MURKOWSKI) submitted nical assistance and oversight to assist the Advancement Act, and on an annual basis thereafter, the Secretary shall transmit a re- an amendment intended to be proposed eligible entities in applying for and admin- by him to the bill S. 2199, to amend the istering grants awarded under this section. port to Congress on the industry or sector The Secretary shall also provide technical partnership grant program established by Fair Labor Standards Act of 1938 to assistance to eligible entities in the form of this section. The report shall include a de- provide more effective remedies to vic- conferences and through the collection and scription of— tims of discrimination in the payment dissemination of information on best prac- ‘‘(A) the eligible entities receiving funding; of wages on the basis of sex, and for tices. The Secretary may award a grant or ‘‘(B) the activities carried out by the eligi- other purposes; which was ordered to contract to 1 or more national or State orga- ble entities; lie on the table; as follows: nizations to provide technical assistance to ‘‘(C) how the eligible entities were selected Strike all after the enacting clause and in- foster the planning, formation, and imple- to receive funding under this section; and sert the following: mentation of industry cluster partnerships. ‘‘(D) an assessment of the results achieved SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘(3) PERFORMANCE MEASURES.—The Sec- by the grant program including findings retary shall issue a range of performance from the annual reviews described in para- (a) SHORT TITLE.—This Act may be cited as measures, with quantifiable benchmarks, graph (4)(A). the ‘‘Good Jobs, Good Wages, and Good ″ and methodologies that eligible entities may ‘‘(i) RULE OF CONSTRUCTION.—Nothing in Hours Act ’’. use to evaluate the effectiveness of each type this section shall be construed to permit the (b) TABLE OF CONTENTS.—The table of con- of activity in making progress toward the reporting or sharing of personally identifi- tents of this Act is as follows: strategic objectives described in subsection able information collected or made available Sec. 1. Short title; table of contents. (d)(2)(D). Such measures shall consider the under this section.’’. TITLE I—ENERGY benefits of the industry or sector partnership (b) CONFORMING AMENDMENT.—The table of contents in section 1(b) of the Workforce In- Subtitle A—Keystone XL and Natural Gas and its activities for workers, firms, indus- Exportation tries, and communities. vestment Act of 1998 (20 U.S.C. 9201 note) is Sec. 111. Keystone XL permit approval. ‘‘(4) DISSEMINATION OF INFORMATION.—The amended by inserting after the item relating Secretary shall— to section 171 the following: Sec. 112. Expedited approval of exportation ‘‘(A) coordinate the annual review of each ‘‘171A. Industry or sector partnership grant of natural gas to Ukraine and eligible entity receiving a grant under this program.’’. North Atlantic Treaty Organi- section and produce an overview report that, zation member countries and SEC. 5. CONSOLIDATIONS OF RELEVANT JOB Japan. at a minimum, includes— TRAINING PROGRAMS AND ACTIVI- ‘‘(i) the critical learning of each industry TIES. Subtitle B—Saving Coal Jobs or sector partnership, such as— (a) REPORT.—The Secretary of Labor, in Sec. 120. Short title. ‘‘(I) the training that was most effective; coordination with the Director of the Office PART I—PROHIBITION ON ENERGY TAX ‘‘(II) the human resource challenges that of Management and Budget, shall prepare a Sec. 121. Prohibition on energy tax. were most common; report on the consolidations of Federal job ‘‘(III) how technology is changing the tar- training programs and activities determined PART II—PERMITS geted industry cluster; and to be unnecessarily duplicative (referred to Sec. 131. National pollutant discharge elimi- ‘‘(IV) the changes that may impact the tar- in this section as ‘‘relevant job training pro- nation system. geted industry cluster over the next 5 years; grams and activities’’). Such report shall— Sec. 132. Permits for dredged or fill mate- and (1) describe all Federal job training pro- rial. ‘‘(ii) a description of what eligible entities grams and activities; Sec. 133. Impacts of Environmental Protec- serving similar targeted industry clusters (2) propose consolidations of the relevant tion Agency regulatory activity consider exemplary practices, such as— job training programs and activities; on employment and economic ‘‘(I) how to work effectively with postsec- (3) provide a justification for those Federal activity. ondary educational institutions; job training programs and activities not in- Sec. 134. Identification of waters protected ‘‘(II) the use of internships; cluded in such consolidations; by the Clean Water Act.

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00045 Fmt 4624 Sfmt 0655 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2248 CONGRESSIONAL RECORD — SENATE April 8, 2014 Sec. 135. Limitations on authority to modify Sec. 412. State workforce investment boards. Sec. 490. Repeal of title VI. State water quality standards. Sec. 413. State plan. Sec. 491. Title VII general provisions. Sec. 136. State authority to identify waters Sec. 414. Local workforce investment areas. Sec. 492. Authorizations of appropriations. within boundaries of the State. Sec. 415. Local workforce investment Sec. 493. Conforming amendments. Subtitle C—Point of Order Against Taxes on boards. Subtitle F—Studies by the Comptroller Carbon Sec. 416. Local plan. General Sec. 417. Establishment of one-stop delivery Sec. 141. Point of order against legislation Sec. 496. Study by the Comptroller General system. that would create a tax or fee on exhausting Federal Pell Sec. 418. Identification of eligible providers on carbon emissions. Grants before accessing WIA of training services. funds. Subtitle D—Employment Analysis Sec. 419. General authorization. Sec. 497. Study by the Comptroller General Requirements Under the Clean Air Act Sec. 420. State allotments. on administrative cost savings. Sec. 151. Analysis of employment effects Sec. 421. Within State allocations. under the Clean Air Act. Sec. 422. Use of funds for employment and Subtitle G—Entrepreneurial Training TITLE II—HEALTH training activities. Sec. 499. Entrepreneurial training. Sec. 201. Forty hours is full time. Sec. 423. Performance accountability sys- TITLE I—ENERGY Sec. 202. Repeal of the individual mandate. tem. Subtitle A—Keystone XL and Natural Gas Sec. 424. Authorization of appropriations. Sec. 203. Repeal of medical device excise tax. Exportation Sec. 204. Long-term unemployed individuals CHAPTER 3—JOB CORPS not taken into account for em- SEC. 111. KEYSTONE XL PERMIT APPROVAL. Sec. 426. Job Corps purposes. ployer health care coverage (a) IN GENERAL.—In accordance with clause Sec. 427. Job Corps definitions. 3 of section 8 of article I of the Constitution mandate. Sec. 428. Individuals eligible for the Job Sec. 205. Employees with health coverage (delegating to Congress the power to regu- Corps. under TRICARE or the Vet- late commerce with foreign nations), Trans- Sec. 429. Recruitment, screening, selection, erans Administration may be Canada Keystone Pipeline, L.P. is authorized and assignment of enrollees. exempted from employer man- to construct, connect, operate, and maintain Sec. 430. Job Corps centers. date under Patient Protection pipeline facilities for the import of crude oil Sec. 431. Program activities. and Affordable Care Act. and other hydrocarbons at the United Sec. 432. Counseling and job placement. Sec. 206. Prohibition on certain taxes, fees, States-Canada Border at Phillips County, Sec. 433. Support. and penalties enacted under the Montana, in accordance with the application Sec. 434. Operations. Affordable Care Act. filed with the Department of State on May 4, Sec. 435. Community participation. Sec. 207. Repeal of the Patient Protection 2012. Sec. 436. Workforce councils. and Affordable Care Act. (b) PRESIDENTIAL PERMIT NOT REQUIRED.— Sec. 437. Technical assistance. TITLE III—INCREASING EMPLOYMENT Notwithstanding Executive Order No. 13337 (3 Sec. 438. Special provisions. U.S.C. 301 note), Executive Order No. 11423 (3 AND DECREASING GOVERNMENT REG- Sec. 439. Performance accountability man- ULATION U.S.C. 301 note), section 301 of title 3, United agement. States Code, and any other Executive order Subtitle A—Small Business Tax Provisions CHAPTER 4—NATIONAL PROGRAMS or provision of law, no presidential permit Sec. 301. Permanent extension of increased Sec. 441. Technical assistance. shall be required for the facilities described expensing limitations and Sec. 442. Evaluations. in subsection (a). treatment of certain real prop- CHAPTER 5—ADMINISTRATION (c) ENVIRONMENTAL IMPACT STATEMENT.— erty as section 179 property. The final environmental impact statement Sec. 446. Requirements and restrictions. Sec. 302. Permanent full exclusion applica- issued by the Secretary of State on August Sec. 447. Prompt allocation of funds. ble to qualified small business 26, 2011, the Final Evaluation Report issued Sec. 448. Fiscal controls; sanctions. stock. by the Nebraska Department of Environ- Sec. 449. Reports to Congress. Sec. 303. Permanent increase in deduction mental Quality on January 3, 2013, and the Sec. 450. Administrative provisions. for start-up expenditures. Draft Supplemental Environmental Impact Sec. 304. Permanent extension of reduction Sec. 451. State legislative authority. Statement issued on March 1, 2013, regarding in S-corporation recognition Sec. 452. General program requirements. the crude oil pipeline and appurtenant facili- period for built-in gains tax. Sec. 453. Federal agency staff and restric- ties associated with the facilities described Sec. 305. Permanent allowance of deduction tions on political and lobbying in subsection (a), shall be considered to sat- for health insurance costs in activities. isfy— computing self-employment CHAPTER 6—STATE UNIFIED PLAN (1) all requirements of the National Envi- taxes. Sec. 456. State unified plan. Sec. 306. Clarification of inventory and ac- ronmental Policy Act of 1969 (42 U.S.C. 4321 counting rules for small busi- Subtitle B—Adult Education and Family et seq.); and ness. Literacy Education (2) any other provision of law that requires Sec. 461. Amendment. Federal agency consultation or review with Subtitle B—Regulatory Accountability Act respect to the facilities described in sub- Sec. 311. Short title. Subtitle C—Amendments to the Wagner- section (a) and the related facilities in the Sec. 312. Definitions. Peyser Act United States. Sec. 313. Rule making. Sec. 466. Amendments to the Wagner-Peyser (d) PERMITS.—Any Federal permit or au- Sec. 314. Agency guidance; procedures to Act. thorization issued before the date of enact- issue major guidance; presi- Subtitle D—Repeals and Conforming ment of this Act for the facilities described dential authority to issue Amendments in subsection (a), and the related facilities in guidelines for issuance of guid- the United States shall remain in effect. ance. Sec. 471. Repeals. Sec. 472. Amendments to other laws. (e) FEDERAL JUDICIAL REVIEW.—The facili- Sec. 315. Hearings; presiding employees; ties described in subsection (a), and the re- powers and duties; burden of Sec. 473. Conforming amendment to table of contents. lated facilities in the United States, that are proof; evidence; record as basis approved by this section, and any permit, of decision. Subtitle E—Amendments to the right-of-way, or other action taken to con- Sec. 316. Actions reviewable. Rehabilitation Act of 1973 struct or complete the project pursuant to Sec. 317. Scope of review. Sec. 476. Findings. Federal law, shall only be subject to judicial Sec. 318. Added definition. Sec. 477. Rehabilitation Services Adminis- Sec. 319. Effective date. review on direct appeal to the United States tration. Court of Appeals for the District of Columbia TITLE IV—SUPPORTING KNOWLEDGE Sec. 478. Definitions. Circuit. AND INVESTING IN LIFELONG SKILLS Sec. 479. Carryover. SEC. 112. EXPEDITED APPROVAL OF EXPOR- Sec. 401. Short title. Sec. 480. Traditionally underserved popu- TATION OF NATURAL GAS TO Sec. 402. References. lations. UKRAINE AND NORTH ATLANTIC Sec. 403. Application to fiscal years. Sec. 481. State plan. TREATY ORGANIZATION MEMBER Subtitle A—Amendments to the Workforce Sec. 482. Scope of services. COUNTRIES AND JAPAN. Investment Act of 1998 Sec. 483. Standards and indicators. (a) IN GENERAL.—In accordance with clause Sec. 484. Expenditure of certain amounts. 3 of section 8 of article I of the Constitution CHAPTER 1—WORKFORCE INVESTMENT Sec. 485. Collaboration with industry. of the United States (delegating to Congress DEFINITIONS Sec. 486. Reservation for expanded transi- the power to regulate commerce with foreign Sec. 406. Definitions. tion services. nations), Congress finds that exports of nat- CHAPTER 2—STATEWIDE AND LOCAL Sec. 487. Client assistance program. ural gas produced in the United States to WORKFORCE INVESTMENT SYSTEMS Sec. 488. Research. Ukraine, member countries of the North At- Sec. 411. Purpose. Sec. 489. Title III amendments. lantic Treaty Organization, and Japan is—

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 8, 2014 CONGRESSIONAL RECORD — SENATE S2249 (1) necessary for the protection of the es- children, from the serious negative health ef- this paragraph is substantially complete, the sential security interests of the United fects of joblessness; permitting authority shall use standards for States; and (C) to allow sufficient time for Congress to determining substantial completeness of (2) in the public interest pursuant to sec- develop and authorize an appropriate mecha- similar permits for similar facilities sub- tion 3 of the Natural Gas Act (15 U.S.C. 717b). nism to address the energy needs of the mitted in fiscal year 2007.’’. (b) EXPEDITED APPROVAL.—Section 3(c) of United States and the potential challenges (b) STATE PERMIT PROGRAMS.— the Natural Gas Act (15 U.S.C. 717b(c)) is posed by severe weather; and (1) IN GENERAL.—Section 402 of the Federal amended by inserting ‘‘, to Ukraine, to a (D) to restore the legislative process and Water Pollution Control Act (33 U.S.C. 1342) member country of the North Atlantic Trea- congressional authority over the energy pol- is amended by striking subsection (b) and in- ty Organization, or to Japan’’ after ‘‘trade in icy of the United States. serting the following: natural gas’’. (b) PRESIDENTIAL MEMORANDUM.—Notwith- ‘‘(b) STATE PERMIT PROGRAMS.— (c) EFFECTIVE DATE.—The amendment standing any other provision of law, the head ‘‘(1) IN GENERAL.—At any time after the made by subsection (b) shall apply to appli- of a Federal agency shall not promulgate promulgation of the guidelines required by cations for the authorization to export nat- any regulation relating to power sector car- section 304(a)(2), the Governor of each State ural gas under section 3 of the Natural Gas bon pollution standards or any substantially desiring to administer a permit program for Act (15 U.S.C. 717b) that are pending on, or similar regulation on or after June 25, 2013, discharges into navigable waters within the filed on or after, the date of the enactment unless that regulation is explicitly author- jurisdiction of the State may submit to the of this Act. ized by an Act of Congress. Administrator— ‘‘(A) a full and complete description of the Subtitle B—Saving Coal Jobs PART II—PERMITS SEC. 120. SHORT TITLE. program the State proposes to establish and SEC. 131. NATIONAL POLLUTANT DISCHARGE administer under State law or under an This subtitle may be cited as the ‘‘Saving ELIMINATION SYSTEM. Coal Jobs Act of 2014’’. interstate compact; and (a) APPLICABILITY OF GUIDANCE.—Section ‘‘(B) a statement from the attorney gen- PART I—PROHIBITION ON ENERGY TAX 402 of the Federal Water Pollution Control eral (or the attorney for those State water SEC. 121. PROHIBITION ON ENERGY TAX. Act (33 U.S.C. 1342) is amended by adding at pollution control agencies that have inde- (a) FINDINGS; PURPOSES.— the end the following: pendent legal counsel), or from the chief (1) FINDINGS.—Congress finds that— ‘‘(s) APPLICABILITY OF GUIDANCE.— legal officer in the case of an interstate (A) on June 25, 2013, President Obama ‘‘(1) DEFINITIONS.—In this subsection: agency, that the laws of the State, or the issued a Presidential memorandum directing ‘‘(A) GUIDANCE.— interstate compact, as applicable, provide the Administrator of the Environmental ‘‘(i) IN GENERAL.—The term ‘guidance’ adequate authority to carry out the de- Protection Agency to issue regulations relat- means draft, interim, or final guidance scribed program. ing to power sector carbon pollution stand- issued by the Administrator. ‘‘(2) APPROVAL.—The Administrator shall ards for existing coal fired power plants; ‘‘(ii) INCLUSIONS.—The term ‘guidance’ in- approve each program for which a descrip- (B) the issuance of that memorandum cir- cludes— tion is submitted under paragraph (1) unless cumvents Congress and the will of the people ‘‘(I) the comprehensive guidance issued by the Administrator determines that adequate of the United States; the Administrator and dated April 1, 2010; authority does not exist— (C) any action to control emissions of ‘‘(II) the proposed guidance entitled ‘Draft ‘‘(A) to issue permits that— greenhouse gases from existing coal fired Guidance on Identifying Waters Protected by ‘‘(i) apply, and ensure compliance with, power plants in the United States by man- the Clean Water Act’ and dated April 28, 2011; any applicable requirements of sections 301, dating a national energy tax would devastate ‘‘(III) the final guidance proposed by the 302, 306, 307, and 403; major sectors of the economy, cost thou- Administrator and dated July 21, 2011; and ‘‘(ii) are for fixed terms not exceeding 5 sands of jobs, and increase energy costs for ‘‘(IV) any other document or paper issued years; low-income households, small businesses, by the Administrator through any process ‘‘(iii) can be terminated or modified for and seniors on fixed income; other than the notice and comment rule- cause, including— (D) joblessness increases the likelihood of making process. ‘‘(I) a violation of any condition of the per- hospital visits, illnesses, and premature ‘‘(B) NEW PERMIT.—The term ‘new permit’ mit; deaths; means a permit covering discharges from a ‘‘(II) obtaining a permit by misrepresenta- (E) according to testimony on June 15, structure— tion or failure to disclose fully all relevant 2011, before the Committee on Environment ‘‘(i) that is issued under this section by a facts; and and Public Works of the Senate by Dr. Har- permitting authority; and ‘‘(III) a change in any condition that re- vey Brenner of Johns Hopkins University, ‘‘(ii) for which an application is— quires either a temporary or permanent re- ‘‘The unemployment rate is well established ‘‘(I) pending as of the date of enactment of duction or elimination of the permitted dis- as a risk factor for elevated illness and mor- this subsection; or charge; and tality rates in epidemiological studies per- ‘‘(II) filed on or after the date of enactment ‘‘(iv) control the disposal of pollutants into formed since the early 1980s. In addition to of this subsection. wells; influences on mental disorder, suicide and ‘‘(C) PERMITTING AUTHORITY.—The term ‘‘(B)(i) to issue permits that apply, and en- alcohol abuse and alcoholism, unemploy- ‘permitting authority’ means— sure compliance with, all applicable requirement is also an important risk factor in car- ‘‘(i) the Administrator; or ments of section 308; or diovascular disease and overall decreases in ‘‘(ii) a State, acting pursuant to a State ‘‘(ii) to inspect, monitor, enter, and require life expectancy.’’; program that is equivalent to the program reports to at least the same extent as re- (F) according to the National Center for under this section and approved by the Ad- quired in section 308; Health Statistics, ‘‘children in poor families ministrator. ‘‘(C) to ensure that the public, and any were four times as likely to be in fair or poor ‘‘(2) PERMITS.— other State the waters of which may be af- health as children that were not poor’’; ‘‘(A) IN GENERAL.—Notwithstanding any fected, receives notice of each application for (G) any major decision that would cost the other provision of law, in making a deter- a permit and an opportunity for a public economy of the United States millions of mination whether to approve a new permit hearing before a ruling on each application; dollars and lead to serious negative health or a renewed permit, the permitting author- ‘‘(D) to ensure that the Administrator re- effects for the people of the United States ity— ceives notice and a copy of each application should be debated and explicitly authorized ‘‘(i) shall base the determination only on for a permit; by Congress, not approved by a Presidential compliance with regulations issued by the ‘‘(E) to ensure that any State (other than memorandum or regulations; and Administrator or the permitting authority; the permitting State), whose waters may be (H) any policy adopted by Congress should and affected by the issuance of a permit may sub- make United States energy as clean as prac- ‘‘(ii) shall not base the determination on mit written recommendations to the permit- ticable, as quickly as practicable, without the extent of adherence of the applicant for ting State and the Administrator with re- increasing the cost of energy for struggling the new permit or renewed permit to guid- spect to any permit application and, if any families, seniors, low-income households, ance. part of the written recommendations are not and small businesses. ‘‘(B) NEW PERMITS.—If the permitting au- accepted by the permitting State, that the (2) PURPOSES.—The purposes of this section thority does not approve or deny an applica- permitting State will notify the affected are— tion for a new permit by the date that is 270 State and the Administrator in writing of (A) to ensure that— days after the date of receipt of the applica- the failure of the State to accept the rec- (i) a national energy tax is not imposed on tion for the new permit, the applicant may ommendations, including the reasons for not the economy of the United States; and operate as if the application were approved accepting the recommendations; (ii) struggling families, seniors, low-in- in accordance with Federal law for the pe- ‘‘(F) to ensure that no permit will be come households, and small businesses do riod of time for which a permit from the issued if, in the judgment of the Secretary of not experience skyrocketing electricity bills same industry would be approved. the Army (acting through the Chief of Engi- and joblessness; ‘‘(C) SUBSTANTIAL COMPLETENESS.—In de- neers), after consultation with the Secretary (B) to protect the people of the United termining whether an application for a new of the department in which the Coast Guard States, particularly families, seniors, and permit or a renewed permit received under is operating, anchorage and navigation of

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2250 CONGRESSIONAL RECORD — SENATE April 8, 2014 any of the navigable waters would be sub- State and approved by the Administrator completed not later than 1 year after the stantially impaired by the issuance of the under section 303(c).’’. deadline for commencing the permit process permit; (d) NOTIFICATION OF ADMINISTRATOR.—Sec- under clause (i)(I). ‘‘(G) to abate violations of the permit or tion 402(d)(2) of the Federal Water Pollution ‘‘(II) An environmental impact statement the permit program, including civil and Control Act (33 U.S.C. 1342(d)(2)) is amend- carried out under the National Environ- criminal penalties and other means of ened— mental Policy Act of 1969 (42 U.S.C. 4321 et forcement; (1) by striking ‘‘(2)’’ and all that follows seq.) shall be completed not later than 2 ‘‘(H) to ensure that any permit for a dis- through the end of the first sentence and in- years after the deadline for commencing the charge from a publicly owned treatment serting the following: permit process under clause (i)(I). works includes conditions to require the ‘‘(2) OBJECTION BY ADMINISTRATOR.— ‘‘(B) FAILURE TO ACT.—If the Secretary identification in terms of character and vol- ‘‘(A) IN GENERAL.—Subject to subparagraph fails to act by the deadline specified in ume of pollutants of any significant source (C), no permit shall issue if— clause (i) or (ii) of subparagraph (A)— introducing pollutants subject to ‘‘(i) not later than 90 days after the date on ‘‘(i) the application, and the permit re- pretreatment standards under section 307(b) which the Administrator receives notifica- quested in the application, shall be consid- into the treatment works and a program to tion under subsection (b)(2)(E), the Adminis- ered to be approved; ensure compliance with those pretreatment trator objects in writing to the issuance of ‘‘(ii) the Secretary shall issue a permit to standards by each source, in addition to ade- the permit; or the applicant; and quate notice, which shall include informa- ‘‘(ii) not later than 90 days after the date ‘‘(iii) the permit shall not be subject to ju- tion on the quality and quantity of effluent on which the proposed permit of the State is dicial review.’’. to be introduced into the treatment works transmitted to the Administrator, the Ad- (b) STATE PERMITTING PROGRAMS.—Section and any anticipated impact of the change in ministrator objects in writing to the 404 of the Federal Water Pollution Control the quantity or quality of effluent to be dis- issuance of the permit as being outside the Act (33 U.S.C. 1344) is amended by striking charged from the publicly owned treatment guidelines and requirements of this Act.’’; subsection (c) and inserting the following: works, to the permitting agency of— (2) in the second sentence, by striking ‘‘(c) AUTHORITY OF ADMINISTRATOR.— ‘‘(i) new introductions into the treatment ‘‘Whenever the Administrator’’ and inserting ‘‘(1) IN GENERAL.—Subject to paragraphs (2) works of pollutants from any source that the following: through (4), until the Secretary has issued a would be a new source (as defined in section ‘‘(B) REQUIREMENTS.—If the Adminis- permit under this section, the Administrator 306(a)) if the source were discharging pollut- trator’’; and is authorized to prohibit the specification ants; (3) by adding at the end the following: (including the withdrawal of specification) of ‘‘(ii) new introductions of pollutants into ‘‘(C) EXCEPTION.—The Administrator shall any defined area as a disposal site, and deny the treatment works from a source that not object to or deny the issuance of a per- or restrict the use of any defined area for would be subject to section 301 if the source mit by a State under subsection (b) or (s) specification (including the withdrawal of were discharging those pollutants; or based on the following: specification) as a disposal site, if the Ad- ‘‘(iii) a substantial change in volume or ‘‘(i) Guidance, as that term is defined in ministrator determines, after notice and op- character of pollutants being introduced into subsection (s)(1). portunity for public hearings, that the dis- the treatment works by a source introducing ‘‘(ii) The interpretation of the Adminis- charge of the materials into the area will pollutants into the treatment works at the trator of a water quality standard that has have an unacceptable adverse effect on mu- time of issuance of the permit; and been adopted by the State and approved by nicipal water supplies, shellfish beds or fish- ‘‘(I) to ensure that any industrial user of the Administrator under section 303(c).’’. ery areas (including spawning and breeding any publicly owned treatment works will areas), wildlife, or recreational areas. comply with sections 204(b), 307, and 308. SEC. 132. PERMITS FOR DREDGED OR FILL MATE- RIAL. ‘‘(2) CONSULTATION.—Before making a de- ‘‘(3) ADMINISTRATION.—Notwithstanding termination under paragraph (1), the Admin- paragraph (2), the Administrator may not (a) IN GENERAL.—Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) istrator shall consult with the Secretary. disapprove or withdraw approval of a pro- ‘‘(3) FINDINGS.—The Administrator shall gram under this subsection on the basis of is amended— (1) by striking the section heading and all set forth in writing and make public the the following: findings of the Administrator and the rea- that follows through ‘‘SEC. 404. (a) The Sec- ‘‘(A) The failure of the program to incor- sons of the Administrator for making any porate or comply with guidance (as defined retary may issue’’ and inserting the following: determination under this subsection. in subsection (s)(1)). ‘‘(4) AUTHORITY OF STATE PERMITTING PRO- ‘‘SEC. 404. PERMITS FOR DREDGED OR FILL MA- ‘‘(B) The implementation of a water qual- GRAMS.—This subsection shall not apply to TERIAL. ity standard that has been adopted by the any permit if the State in which the dis- ‘‘(a) PERMITS.— State and approved by the Administrator charge originates or will originate does not ‘‘(1) IN GENERAL.—The Secretary may under section 303(c).’’. concur with the determination of the Admin- issue’’; and (2) CONFORMING AMENDMENTS.— istrator that the discharge will result in an (2) in subsection (a), by adding at the end (A) Section 309 of the Federal Water Pollu- unacceptable adverse effect as described in the following: tion Control Act (33 U.S.C. 1319) is amend- paragraph (1).’’. ‘‘(2) DEADLINE FOR APPROVAL.— ed— (c) STATE PROGRAMS.—Section 404(g)(1) of (i) in subsection (c)— ‘‘(A) PERMIT APPLICATIONS.— the Federal Water Pollution Control Act (33 (I) in paragraph (1)(A), by striking ‘‘(i) IN GENERAL.—Except as provided in U.S.C. 1344(g)(1)) is amended in the first sen- ‘‘402(b)(8)’’ and inserting ‘‘402(b)(2)(H)’’; and clause (ii), if an environmental assessment tence by striking ‘‘for the discharge’’ and in- (II) in paragraph (2)(A), by striking or environmental impact statement, as ap- serting ‘‘for all or part of the discharges’’. ‘‘402(b)(8)’’ and inserting ‘‘402(b)(2)(H)’’; and propriate, is required under the National En- SEC. 133. IMPACTS OF ENVIRONMENTAL PROTEC- (ii) in subsection (d), in the first sentence, vironmental Policy Act of 1969 (42 U.S.C. 4321 TION AGENCY REGULATORY ACTIV- by striking ‘‘402(b)(8)’’ and inserting et seq.), the Secretary shall— ITY ON EMPLOYMENT AND ECO- ‘‘402(b)(2)(H)’’. ‘‘(I) begin the process not later than 90 NOMIC ACTIVITY. (B) Section 402(m) of the Federal Water days after the date on which the Secretary (a) DEFINITIONS.—In this section: Pollution Control Act (33 U.S.C. 1342(m)) is receives a permit application; and (1) ADMINISTRATOR.—The term ‘‘Adminis- amended in the first sentence by striking ‘‘(II) approve or deny an application for a trator’’ means the Administrator of the En- ‘‘subsection (b)(8) of this section’’ and insert- permit under this subsection not later than vironmental Protection Agency. ing ‘‘subsection (b)(2)(H)’’. the latter of— (2) COVERED ACTION.—The term ‘‘covered (c) SUSPENSION OF FEDERAL PROGRAM.— ‘‘(aa) if an agency carries out an environ- action’’ means any of the following actions Section 402(c) of the Federal Water Pollution mental assessment that leads to a finding of taken by the Administrator under the Fed- Control Act (33 U.S.C. 1342(c)) is amended— no significant impact, the date on which the eral Water Pollution Control Act (33 U.S.C. (1) by redesignating paragraph (4) as para- finding of no significant impact is issued; or 1251 et seq.): graph (5); and ‘‘(bb) if an agency carries out an environ- (A) Issuing a regulation, policy statement, (2) by inserting after paragraph (3) the fol- mental assessment that leads to a record of guidance, response to a petition, or other re- lowing: decision, 15 days after the date on which the quirement. ‘‘(4) LIMITATION ON DISAPPROVAL.—Notwith- record of decision on an environmental im- (B) Implementing a new or substantially standing paragraphs (1) through (3), the Ad- pact statement is issued. altered program. ministrator may not disapprove or withdraw ‘‘(ii) PROCESSES.—Notwithstanding clause (3) MORE THAN A DE MINIMIS NEGATIVE IM- approval of a State program under sub- (i), regardless of whether the Secretary has PACT.—The term ‘‘more than a de minimis section (b) on the basis of the failure of the commenced an environmental assessment or negative impact’’ means the following: following: environmental impact statement by the date (A) With respect to employment levels, a ‘‘(A) The failure of the program to incor- described in clause (i)(I), the following dead- loss of more than 100 jobs, except that any porate or comply with guidance (as defined lines shall apply: offsetting job gains that result from the hy- in subsection (s)(1)). ‘‘(I) An environmental assessment carried pothetical creation of new jobs through new ‘‘(B) The implementation of a water qual- out under the National Environmental Pol- technologies or government employment ity standard that has been adopted by the icy Act of 1969 (42 U.S.C. 4321 et seq.) shall be may not be used in the job loss calculation.

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 8, 2014 CONGRESSIONAL RECORD — SENATE S2251 (B) With respect to economic activity, a document or substantially similar guidance Administrator with the submission of the decrease in economic activity of more than made publicly available on or after Decem- State, to the State the written recommenda- $1,000,000 over any calendar year, except that ber 3, 2008, as the basis for any rule shall be tion of the Administrator of those additional any offsetting economic activity that results grounds for vacating the rule. waters that the Administrator identifies and from the hypothetical creation of new eco- SEC. 135. LIMITATIONS ON AUTHORITY TO MOD- such loads for such waters as the Adminis- nomic activity through new technologies or IFY STATE WATER QUALITY STAND- trator believes are necessary to implement government employment may not be used in ARDS. the water quality standards applicable to the the economic activity calculation. (a) STATE WATER QUALITY STANDARDS.— waters. (b) ANALYSIS OF IMPACTS OF ACTIONS ON Section 303(c)(4) of the Federal Water Pollu- ‘‘(C) ACTION BY STATE.—Not later than 30 EMPLOYMENT AND ECONOMIC ACTIVITY.— tion Control Act (33 U.S.C. 1313(c)(4)) is days after receipt of the recommendation of (1) ANALYSIS.—Before taking a covered ac- amended— the Administrator, the State shall— tion, the Administrator shall analyze the im- (1) by redesignating subparagraphs (A) and ‘‘(i) disregard the recommendation of the pact, disaggregated by State, of the covered (B) as clauses (i) and (ii), respectively, and Administrator in full and incorporate its action on employment levels and economic indenting appropriately; own identification and load into the current activity, including estimated job losses and (2) by striking ‘‘(4) The’’ and inserting the plan of the State under subsection (e); decreased economic activity. following: ‘‘(ii) accept the recommendation of the Ad- (2) ECONOMIC MODELS.— ‘‘(4) PROMULGATION OF REVISED OR NEW ministrator in full and incorporate its iden- (A) IN GENERAL.—In carrying out para- STANDARDS.— tification and load as amended by the rec- graph (1), the Administrator shall use the ‘‘(A) IN GENERAL.—The’’; ommendation of the Administrator into the best available economic models. (3) by striking ‘‘The Administrator shall current plan of the State under subsection (B) ANNUAL GAO REPORT.—Not later than promulgate’’ and inserting the following: (e); or December 31st of each year, the Comptroller ‘‘(B) DEADLINE.—The Administrator shall ‘‘(iii) accept the recommendation of the General of the United States shall submit to promulgate;’’ and Administrator in part, identifying certain Congress a report on the economic models (4) by adding at the end the following: additional waters and certain additional used by the Administrator to carry out this ‘‘(C) STATE WATER QUALITY STANDARDS.— loads proposed by the Administrator to be subsection. Notwithstanding any other provision of this added to the State’s identification and load (3) AVAILABILITY OF INFORMATION.—With re- paragraph, the Administrator may not pro- and incorporate the State’s identification spect to any covered action, the Adminis- mulgate a revised or new standard for a pol- and load as amended into the current plan of trator shall— lutant in any case in which the State has the State under subsection (e). (A) post the analysis under paragraph (1) submitted to the Administrator and the Ad- ‘‘(D) NONCOMPLIANCE BY ADMINISTRATOR.— as a link on the main page of the public ministrator has approved a water quality ‘‘(i) IN GENERAL.—If the Administrator fails Internet Web site of the Environmental Pro- standard for that pollutant, unless the State to approve the State identification and load tection Agency; and concurs with the determination of the Ad- or announce the disagreement of the Admin- (B) request that the Governor of any State ministrator that the revised or new standard istrator with the State identification and experiencing more than a de minimis nega- is necessary to meet the requirements of this load within the time specified in this sub- tive impact post the analysis in the Capitol Act.’’. section— of the State. (b) FEDERAL LICENSES AND PERMITS.—Sec- ‘‘(I) the identification and load of the State (c) PUBLIC HEARINGS.— tion 401(a) of the Federal Water Pollution shall be considered approved; and (1) IN GENERAL.—If the Administrator con- Control Act (33 U.S.C. 1341(a)) is amended by ‘‘(II) the State shall incorporate the identi- cludes under subsection (b)(1) that a covered adding at the end the following: fication and load that the State submitted action will have more than a de minimis neg- ‘‘(7) STATE OR INTERSTATE AGENCY DETER- into the current plan of the State under sub- ative impact on employment levels or eco- MINATION.—With respect to any discharge, if section (e). nomic activity in a State, the Administrator a State or interstate agency having jurisdic- ‘‘(ii) RECOMMENDATIONS NOT SUBMITTED.—If shall hold a public hearing in each such tion over the navigable waters at the point the Administrator announces the disagree- State at least 30 days prior to the effective at which the discharge originates or will ment of the Administrator with the identi- date of the covered action. originate determines under paragraph (1) fication and load of the State but fails to (2) TIME, LOCATION, AND SELECTION.— that the discharge will comply with the ap- submit the written recommendation of the (A) IN GENERAL.—A public hearing required plicable provisions of sections 301, 302, 303, Administrator to the State within 30 days as under paragraph (1) shall be held at a con- 306, and 307, the Administrator may not take required by subparagraph (B)(iii)— venient time and location for impacted resi- any action to supersede the determination.’’. ‘‘(I) the identification and load of the State dents. SEC. 136. STATE AUTHORITY TO IDENTIFY shall be considered approved; and ‘‘(II) the State shall incorporate the identi- (B) PRIORITY.—In selecting a location for WATERS WITHIN BOUNDARIES OF such a public hearing, the Administrator THE STATE. fication and load that the State submitted Section 303(d) of the Federal Water Pollu- shall give priority to locations in the State into the current plan of the State under sub- tion Control Act (33 U.S.C. 1313(d)) is amend- section (e). that will experience the greatest number of ed by striking paragraph (2) and inserting ‘‘(E) APPLICATION.—This section shall job losses. the following: apply to any decision made by the Adminis- (d) NOTIFICATION.—If the Administrator concludes under subsection (b)(1) that a cov- ‘‘(2) STATE AUTHORITY TO IDENTIFY WATERS trator under this subsection issued on or ered action will have more than a de mini- WITHIN BOUNDARIES OF THE STATE.— after March 1, 2013.’’. mis negative impact on employment levels ‘‘(A) IN GENERAL.—Each State shall submit Subtitle C—Point of Order Against Taxes on or economic activity in any State, the Ad- to the Administrator from time to time, Carbon ministrator shall give notice of such impact with the first such submission not later than SEC. 141. POINT OF ORDER AGAINST LEGISLA- to the congressional delegation, Governor, 180 days after the date of publication of the TION THAT WOULD CREATE A TAX and legislature of the State at least 45 days first identification of pollutants under sec- OR FEE ON CARBON EMISSIONS. before the effective date of the covered action 304(a)(2)(D), the waters identified and (a) POINT OF ORDER.—It shall not be in tion. the loads established under subparagraphs order in the Senate to consider any bill, SEC. 134. IDENTIFICATION OF WATERS PRO- (A), (B), (C), and (D) of paragraph (1). joint resolution, motion, amendment, or con- TECTED BY THE CLEAN WATER ACT. ‘‘(B) APPROVAL OR DISAPPROVAL BY ADMIN- ference report that includes a Federal tax or (a) IN GENERAL.—The Secretary of the ISTRATOR.— fee imposed on carbon emissions from any Army and the Administrator of the Environ- ‘‘(i) IN GENERAL.—Not later than 30 days product or entity that is a direct or indirect mental Protection Agency may not— after the date of submission, the Adminis- source of the emissions. (1) finalize, adopt, implement, administer, trator shall approve the State identification (b) WAIVER AND APPEAL.— or enforce the proposed guidance described and load or announce the disagreement of (1) WAIVER.—Subsection (a) may be waived in the notice of availability and request for the Administrator with the State identifica- or suspended in the Senate only by an af- comments entitled ‘‘EPA and Army Corps of tion and load. firmative vote of three-fifths of the Mem- Engineers Guidance Regarding Identification ‘‘(ii) APPROVAL.—If the Administrator ap- bers, duly chosen and sworn. of Waters Protected by the Clean Water Act’’ proves the identification and load submitted (2) APPEAL.—An affirmative vote of three- (EPA–HQ–OW–2011–0409) (76 Fed. Reg. 24479 by the State under this subsection, the State fifths of the Members of the Senate, duly (May 2, 2011)); and shall incorporate the identification and load chosen and sworn, shall be required to sus- (2) use the guidance described in paragraph into the current plan of the State under sub- tain an appeal of the ruling of the Chair on (1), any successor document, or any substan- section (e). a point of order raised under subsection (a). tially similar guidance made publicly avail- ‘‘(iii) DISAPPROVAL.—If the Administrator Subtitle D—Employment Analysis able on or after December 3, 2008, as the basis announces the disagreement of the Adminis- Requirements Under the Clean Air Act for any decision regarding the scope of the trator with the identification and load sub- SEC. 151. ANALYSIS OF EMPLOYMENT EFFECTS Federal Water Pollution Control Act (33 mitted by the State under this subsection. UNDER THE CLEAN AIR ACT. U.S.C. 1251 et seq.) or any rulemaking. the Administrator shall submit, not later The Administrator of the Environmental (b) RULES.—The use of the guidance de- than 30 days after the date that the Adminis- Protection Agency shall not propose or final- scribed in subsection (a)(1), or any successor trator announces the disagreement of the ize any major rule (as defined in section 804

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2252 CONGRESSIONAL RECORD — SENATE April 8, 2014 of title 5, United States Code) under the SEC. 205. EMPLOYEES WITH HEALTH COVERAGE (3) by striking the comma at the end of Clean Air Act (42 U.S.C. 7401 et seq.) until UNDER TRICARE OR THE VETERANS subparagraph (A) and inserting ‘‘, and’’, and after the date on which the Administrator— ADMINISTRATION MAY BE EXEMPT- (4) by inserting ‘‘beginning before 2014’’ (1) completes an economy-wide analysis ED FROM EMPLOYER MANDATE after ‘‘The limitation under paragraph (1) for UNDER PATIENT PROTECTION AND capturing the costs and cascading effects AFFORDABLE CARE ACT. any taxable year’’. (c) COMPUTER SOFTWARE.—Section across industry sectors and markets in the (a) IN GENERAL.—Section 4980H(c)(2) of the United States of the implementation of Internal Revenue Code is amended by adding 179(d)(1)(A)(ii) of the Internal Revenue Code major rules promulgated under the Clean Air at the end the following: of 1986 is amended by striking ‘‘and before 2014’’. Act (42 U.S.C. 7401 et seq.); and ‘‘(F) EXEMPTION FOR HEALTH COVERAGE (d) ELECTION.—Section 179(c)(2) of the In- (2) establishes a process to update that UNDER TRICARE OR THE VETERANS ADMINISTRA- ternal Revenue Code of 1986 is amended by analysis not less frequently than semiannu- TION.—Solely for purposes of determining striking ‘‘and before 2014’’. ally, so as to provide for the continuing eval- whether an employer is an applicable large (e) SPECIAL RULES FOR TREATMENT OF uation of potential loss or shifts in employ- employer under this paragraph for any QUALIFIED REAL PROPERTY.— ment, pursuant to section 321(a) of the Clean month, an employer may elect not to take (1) IN GENERAL.—Section 179(f)(1) of the In- Air Act (42 U.S.C. 7621(a)), that may result into account for a month as an employee any ternal Revenue Code of 1986 is amended by from the implementation of major rules individual who, for such month, has medical striking ‘‘beginning in 2010, 2011, 2012, or under the Clean Air Act (42 U.S.C. 7401 et coverage under— 2013’’ and inserting ‘‘beginning after 2009’’. seq.). ‘‘(i) chapter 55 of title 10, United States (2) CONFORMING AMENDMENT.—Section 179(f) TITLE II—HEALTH Code, including coverage under the of such Code is amended by striking para- TRICARE program, or SEC. 201. FORTY HOURS IS FULL TIME. graph (4). ‘‘(ii) under a health care program under (a) DEFINITION OF FULL-TIME EMPLOYEE.— (f) EFFECTIVE DATE.—The amendments Section 4980H(c) of the Internal Revenue chapter 17 or 18 of title 38, United States made by this section shall apply to taxable Code of 1986 is amended— Code, as determined by the Secretary of Vet- years beginning after December 31, 2013. erans Affairs, in coordination with the Sec- (1) in paragraph (2)(E), by striking ‘‘by 120’’ SEC. 302. PERMANENT FULL EXCLUSION APPLI- and inserting ‘‘by 174’’; and retary of Health and Human Services and the CABLE TO QUALIFIED SMALL BUSI- (2) in paragraph (4)(A), by striking ‘‘30 Secretary.’’. NESS STOCK. hours’’ and inserting ‘‘40 hours’’. (b) EFFECTIVE DATE.—The amendment (a) IN GENERAL.—Paragraph (4) of section (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply to months 1202(a) of the Internal Revenue Code of 1986 made by subsection (a) shall apply to months beginning after December 31, 2013. is amended— beginning after December 31, 2013. SEC. 206. PROHIBITION ON CERTAIN TAXES, (1) by striking ‘‘and before January 1, SEC. 202. REPEAL OF THE INDIVIDUAL MANDATE. FEES, AND PENALTIES ENACTED 2014’’, and UNDER THE AFFORDABLE CARE Section 1501 and subsections (a), (b), (c), (2) by striking ‘‘CERTAIN PERIODS IN 2010, ACT. and (d) of section 10106 of the Patient Protec- 2011, 2012, AND 2013’’ in the heading and insert- No tax, fee, or penalty imposed or enacted tion and Affordable Care Act (and the ing ‘‘CERTAIN PERIODS AFTER 2009’’. under the Patient Protection and Affordable amendments made by such sections and sub- (b) CONFORMING AMENDMENTS.— Care Act shall be implemented, adminis- sections) are repealed and the Internal Rev- (1) The heading for section 1202 of the In- tered, or enforced unless there has been a enue Code of 1986 shall be applied and admin- ternal Revenue Code of 1986 is amended by certification by the Joint Committee on istered as if such provisions and amendments striking ‘‘PARTIAL’’. Taxation that such provision would not have had never been enacted. (2) The item relating to section 1202 in the a direct or indirect economic impact on indi- table of sections for part I of subchapter P of SEC. 203. REPEAL OF MEDICAL DEVICE EXCISE viduals with an annual income of less than TAX. chapter 1 of such Code is amended by strik- $200,000 or families with an annual income of (a) IN GENERAL.—Chapter 32 of the Internal ing ‘‘Partial exclusion’’ and inserting ‘‘Ex- less than $250,000. Revenue Code of 1986 is amended by striking clusion’’. subchapter E. SEC. 207. REPEAL OF THE PATIENT PROTECTION (3) Section 1223(13) of such Code is amended AND AFFORDABLE CARE ACT. (b) CONFORMING AMENDMENTS.— by striking ‘‘1202(a)(2),’’. (a) IN GENERAL.—Effective as of the enact- (1) Subsection (a) of section 4221 of the In- (c) ADJUSTMENT OF GROSS ASSET THRESH- ment of Public Law 111–148, such Act (includ- ternal Revenue Code of 1986 is amended by OLD FOR INFLATION.—Subsection (d) of sec- ing any provision amended under sections 201 striking the last sentence. tion 1202 of the Internal Revenue Code of 1986 through 205 of this Act) is repealed, and the (2) Paragraph (2) of section 6416(b) of such is amended by adding at the end the fol- provisions of law amended or repealed by Code is amended by striking the last sen- lowing new paragraph: such Act (including any provision amended tence. ‘‘(4) ADJUSTMENT FOR INFLATION.—In the under such sections) are restored or revived (c) CLERICAL AMENDMENT.—The table of case of any taxable year beginning after De- subchapter for chapter 32 of the Internal as if such Act had not been enacted. cember 31, 2014, the $50,000,000 amount in sub- (b) HEALTH CARE-RELATED PROVISIONS IN Revenue Code of 1986 is amended by striking paragraphs (A) and (B) of paragraph (1) shall THE HEALTH CARE AND EDUCATION RECONCILI- the item related to subchapter E. be increased by an amount equal to— ATION ACT OF 2010.—Effective as of the enact- (d) EFFECTIVE DATE.—The amendments ‘‘(A) such dollar amount, multiplied by made by this section shall apply to sales ment of the Health Care and Education Rec- ‘‘(B) the cost-of-living adjustment deter- after the date of the enactment of this Act. onciliation Act of 2010 (Public Law 111–152), mined under section 1(f)(3) for the calendar title I and subtitle B of title II of such Act year in which the taxable year begins, by SEC. 204. LONG-TERM UNEMPLOYED INDIVID- (including any provision amended under sec- UALS NOT TAKEN INTO ACCOUNT substituting ‘calendar year 2013’ for ‘cal- FOR EMPLOYER HEALTH CARE COV- tions 201 through 205 of this Act) are re- endar year 1992’ in subparagraph (B) thereof. ERAGE MANDATE. pealed, and the provisions of law amended or If any amount as increased under the pre- (a) IN GENERAL.—Paragraph (4) of section repealed by such title or subtitle, respec- ceding sentence is not a multiple of $1,000, 4980H(c) of the Internal Revenue Code of 1986 tively (including any provision amended such amount shall be rounded to the nearest is amended by adding at the end the fol- under such sections), are restored or revived multiple of $1,000.’’. lowing new subparagraph: as if such title and subtitle had not been en- (d) EFFECTIVE DATE.—The amendments ‘‘(C) EXCEPTION FOR LONG-TERM UNEM- acted. made by this section shall apply to stock ac- PLOYED INDIVIDUALS.— TITLE III—INCREASING EMPLOYMENT quired after December 31, 2013. ‘‘(i) IN GENERAL.—The term ‘full-time em- AND DECREASING GOVERNMENT REGU- SEC. 303. PERMANENT INCREASE IN DEDUCTION ployee’ shall not include any individual who LATION FOR START-UP EXPENDITURES. is a long-term unemployed individual with Subtitle A—Small Business Tax Provisions (a) IN GENERAL.—Clause (ii) of section respect to such employer. 195(b)(1)(A) of the Internal Revenue Code of SEC. 301. PERMANENT EXTENSION OF IN- ‘‘(ii) LONG-TERM UNEMPLOYED INDIVIDUAL.— CREASED EXPENSING LIMITATIONS 1986 is amended— For purposes of this subparagraph, the term AND TREATMENT OF CERTAIN REAL (1) by striking ‘‘$5,000’’ and inserting ‘long-term unemployed individual’ means, PROPERTY AS SECTION 179 PROP- ‘‘$10,000’’, and with respect to any employer, an individual ERTY. (2) by striking ‘‘$50,000’’ and inserting who— (a) DOLLAR LIMITATION.—Section 179(b)(1) ‘‘$60,000’’. ‘‘(I) begins employment with such em- of the Internal Revenue Code of 1986 is (b) ADJUSTMENT FOR INFLATION.—Para- ployer after the date of the enactment of amended by striking ‘‘shall not exceed’’ and graph (3) of section 195(b) of the Internal this subparagraph, and all that follows and inserting ‘‘shall not ex- Revenue Code of 1986 is amended to read as ‘‘(II) has been unemployed for 27 weeks or ceed $500,000.’’. follows: longer, as determined by the Secretary of (b) REDUCTION IN LIMITATION.—Section ‘‘(3) ADJUSTMENT FOR INFLATION.—In the Labor, immediately before the date such em- 179(b)(2) of the Internal Revenue Code of 1986 case of any taxable year beginning after De- ployment begins.’’. is amended— cember 31, 2014, the $10,000 and $60,000 (b) EFFECTIVE DATE.—The amendment (1) by striking subparagraph (C), amounts in paragraph (1)(A)(ii) shall each be made by this section shall apply to months (2) by striking ‘‘, and’’ at the end of sub- increased by an amount equal to— beginning after December 31, 2013. paragraph (B) and inserting a period, ‘‘(A) such dollar amount, multiplied by

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 8, 2014 CONGRESSIONAL RECORD — SENATE S2253 ‘‘(B) the cost-of-living adjustment deter- not use inventories with respect to any prop- innovation, or on the ability of United mined under section 1(f)(3) for the calendar erty for any taxable year beginning after De- States-based enterprises to compete with year in which the taxable year begins, by cember 31, 2013, such property shall be treat- foreign-based enterprises in domestic and ex- substituting ‘calendar year 2013’ for ‘cal- ed as a material or supply which is not inci- port markets; endar year 1992’ in subparagraph (B) thereof. dental. ‘‘(19) ‘major rule’ means any rule that the If any amount as increased under the pre- ‘‘(3) QUALIFIED TAXPAYER.—For purposes of Administrator of the Office of Information ceding sentence is not a multiple of $1,000, this subsection, the term ‘qualified taxpayer’ and Regulatory Affairs determines is likely such amount shall be rounded to the nearest means— to impose— multiple of $1,000.’’. ‘‘(A) any eligible taxpayer (as defined in ‘‘(A) an annual cost on the economy of (c) EFFECTIVE DATE.—The amendments section 446(g)(2)), and $100,000,000 or more, adjusted annually for in- made by this section shall apply to taxable ‘‘(B) any taxpayer described in section flation; years beginning after December 31, 2013. 448(b)(3) (determined by substituting ‘‘(B) a major increase in costs or prices for SEC. 304. PERMANENT EXTENSION OF REDUC- ‘$10,000,000’ for ‘$5,000,000’ each place it ap- consumers, individual industries, Federal, TION IN S-CORPORATION RECOGNI- pears in subsections (b) and (c) of section State, local, or tribal government agencies, TION PERIOD FOR BUILT-IN GAINS 448).’’. or geographic regions; or TAX. (2) INCREASED ELIGIBILITY FOR SIMPLIFIED ‘‘(C) significant adverse effects on competi- (a) IN GENERAL.—Paragraph (7) of section DOLLAR-VALUE LIFO METHOD.—Section 474(c) tion, employment, investment, productivity, 1374(d) of the Internal Revenue Code of 1986 of such Code is amended by striking innovation, or on the ability of United is amended— ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’. States-based enterprises to compete with (1) by striking ‘‘10-year’’ in subparagraph (3) CONFORMING AMENDMENT.—Subsection foreign-based enterprises in domestic and ex- (A) and inserting ‘‘5-year’’, (c) of section 263A of such Code is amended port markets; and (2) by striking subparagraphs (B) and (C) by adding at the end the following new para- ‘‘(20) ‘Office of Information and Regulatory and redesignating subparagraphs (D) and (E) graph: Affairs’ means the office established under as subparagraphs (B) and (C), respectively, ‘‘(7) EXCLUSION FROM INVENTORY RULES.— section 3503 of chapter 35 of title 44 and any and Nothing in this section shall require the use successor to that office.’’. (3) by striking ‘‘593(e)—’’ and all that fol- of inventories for any taxable year by a SEC. 313. RULE MAKING. lows in subparagraph (B), as so redesignated, qualified taxpayer (within the meaning of Section 553 of title 5, United States Code, and inserting ‘‘593(e), subparagraph (A) shall section 471(c)) who is not required to use in- is amended— be applied without regard to the phrase ‘5- ventories under section 471 for such taxable (1) in subsection (a), by striking ‘‘(a) This year’.’’. year.’’. section applies’’ and inserting ‘‘(a) APPLICA- (b) EFFECTIVE DATE.—The amendments (c) EFFECTIVE DATE AND SPECIAL RULES.— made by this section shall apply to taxable (1) IN GENERAL.—The amendments made by BILITY.—This section applies’’; and years beginning after December 31, 2013. this section shall apply to taxable years be- (2) by striking subsections (b) through (e) and inserting the following: SEC. 305. PERMANENT ALLOWANCE OF DEDUC- ginning after December 31, 2013. ‘‘(b) RULE MAKING CONSIDERATIONS.—In a TION FOR HEALTH INSURANCE (2) CHANGE IN METHOD OF ACCOUNTING.—In COSTS IN COMPUTING SELF-EM- the case of any taxpayer changing the tax- rule making, an agency shall make all pre- PLOYMENT TAXES. payer’s method of accounting for any taxable liminary and final determinations based on (a) IN GENERAL.—Paragraph (4) of section year under the amendments made by this evidence and consider, in addition to other 162(l) of the Internal Revenue Code of 1986 is section— applicable considerations, the following: amended by striking ‘‘beginning before Janu- (A) such change shall be treated as initi- ‘‘(1) The legal authority under which a rule ary 1, 2010’’ and all that follows and inserting ated by the taxpayer; and may be proposed, including whether a rule ‘‘beginning— (B) such change shall be treated as made making is required by statute, and if so, ‘‘(A) before January 1, 2010, or with the consent of the Secretary of the whether by a specific date, or whether the ‘‘(B) after December 31, 2010, and before Treasury. agency has discretion to commence a rule January 1, 2013.’’. Subtitle B—Regulatory Accountability Act making. ‘‘(2) Other statutory considerations appli- (b) EFFECTIVE DATE.—The amendment SEC. 311. SHORT TITLE. cable to whether the agency can or should made by this section shall apply to taxable This title may be cited as the ‘‘Regulatory years beginning after December 31, 2012. Accountability Act of 2014’’. propose a rule or undertake other agency action. SEC. 306. CLARIFICATION OF INVENTORY AND SEC. 312. DEFINITIONS. ‘‘(3) The specific nature and significance of ACCOUNTING RULES FOR SMALL Section 551 of title 5, United States Code, the problem the agency may address with a BUSINESS. is amended— (a) CASH ACCOUNTING PERMITTED.—Section (1) in paragraph (13), by striking ‘‘and’’ at rule (including the degree and nature of risks 446 of the Internal Revenue Code of 1986 is the end; the problem poses and the priority of ad- amended by adding at the end the following (2) in paragraph (14), by striking the period dressing those risks compared to other mat- new subsection: at the end and inserting a semicolon; and ters or activities within the jurisdiction of ‘‘(g) CERTAIN SMALL BUSINESS TAXPAYERS (3) by adding at the end the following: the agency), whether the problem warrants PERMITTED TO USE CASH ACCOUNTING METHOD ‘‘(15) ‘guidance’ means an agency state- new agency action, and the countervailing WITHOUT LIMITATION.— ment of general applicability and future ef- risks that may be posed by alternatives for ‘‘(1) IN GENERAL.—With respect to an eligi- fect, other than a regulatory action, that new agency action. ble taxpayer who uses the cash receipts and sets forth a policy on a statutory, regulatory ‘‘(4) Whether existing rules have created or disbursements method for any taxable year, or technical issue or an interpretation of a contributed to the problem the agency may such method shall be deemed to clearly re- statutory or regulatory issue; address with a rule and whether those rules flect income and the taxpayer shall not be ‘‘(16) ‘high-impact rule’ means any rule could be amended or rescinded to address the required to use an accrual method. that the Administrator of the Office of Infor- problem in whole or part. ‘‘(2) ELIGIBLE TAXPAYER.—For purposes of mation and Regulatory Affairs determines is ‘‘(5) Any reasonable alternatives for a new this subsection, a taxpayer is an eligible tax- likely to impose an annual cost on the econ- rule or other response identified by the agen- payer with respect to any taxable year if— omy of $1,000,000,000 or more, adjusted annu- cy or interested persons, including not only ‘‘(A) for all prior taxable years beginning ally for inflation; responses that mandate particular conduct after December 31, 2013, the taxpayer (or any ‘‘(17) ‘Information Quality Act’ means sec- or manners of compliance, but also— predecessor) met the gross receipts test of tion 515 of Public Law 106–554, the Treasury ‘‘(A) the alternative of no Federal re- section 448(c) (determined by substituting and General Government Appropriations Act sponse; ‘$10,000,000’ for ‘$5,000,000’ each place it ap- for Fiscal Year 2001, and guidelines issued by ‘‘(B) amending or rescinding existing rules; pears), and the Administrator of the Office of Informa- ‘‘(C) potential regional, State, local, or ‘‘(B) the taxpayer is not subject to section tion and Regulatory Affairs or other agen- tribal regulatory action or other responses 447 or 448.’’. cies under that Act; that could be taken instead of agency action; (b) INVENTORY RULES.— ‘‘(18) ‘major guidance’ means guidance that and (1) IN GENERAL.—Section 471 of the Internal the Administrator of the Office of Informa- ‘‘(D) potential responses that— Revenue Code of 1986 is amended by redesig- tion and Regulatory Affairs finds is likely to ‘‘(i) specify performance objectives rather nating subsection (c) as subsection (d) and by lead to— than conduct or manners of compliance; inserting after subsection (b) the following ‘‘(A) an annual cost on the economy of ‘‘(ii) establish economic incentives to en- new subsection: $100,000,000 or more, adjusted annually for in- courage desired behavior; ‘‘(c) SMALL BUSINESS TAXPAYERS NOT RE- flation; ‘‘(iii) provide information upon which QUIRED TO USE INVENTORIES.— ‘‘(B) a major increase in costs or prices for choices can be made by the public; or ‘‘(1) IN GENERAL.—A qualified taxpayer consumers, individual industries, Federal, ‘‘(iv) incorporate other innovative alter- shall not be required to use inventories State, local or tribal government agencies, natives rather than agency actions that under this section for a taxable year. or geographic regions; or specify conduct or manners of compliance. ‘‘(2) TREATMENT OF TAXPAYERS NOT USING ‘‘(C) significant adverse effects on competi- ‘‘(6) Notwithstanding any other provision INVENTORIES.—If a qualified taxpayer does tion, employment, investment, productivity, of law—

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2254 CONGRESSIONAL RECORD — SENATE April 8, 2014 ‘‘(A) the potential costs and benefits asso- ‘‘(F) a reasoned preliminary determination ‘‘(4)(A) Within 30 days after publication of ciated with potential alternative rules and that the benefits of the proposed rule meet notice of proposed rule making, a member of other responses considered under paragraph the relevant statutory objectives and justify the public may petition for a hearing in ac- (5), including direct, indirect, and cumu- the costs of the proposed rule, including all cordance with section 556 to determine lative costs and benefits and estimated im- costs to be considered under subsection whether any evidence or other information pacts on jobs, economic growth, innovation, (b)(6), based on the information described upon which the agency bases the proposed and economic competitiveness; under subparagraph (D); rule fails to comply with of the Information ‘‘(B) the means to increase the cost-effec- ‘‘(G) a discussion of— Quality Act. tiveness of any Federal response; and ‘‘(i) the alternatives to the proposed rule, ‘‘(B)(i) The agency may, upon review of the ‘‘(C) incentives for innovation, consist- and other alternative responses, considered petition, determine without further process ency, predictability, lower costs of enforce- by the agency under subsection (b); to exclude from the rule making the evi- ment and compliance (to government enti- ‘‘(ii) the costs and benefits of those alter- dence or other information that is the sub- ties, regulated entities, and the public), and natives, including all costs to be considered ject of the petition and, if appropriate, with- flexibility. under subsection (b)(6); draw the proposed rule. The agency shall ‘‘(c) ADVANCE NOTICE OF PROPOSED RULE ‘‘(iii) whether those alternatives meet rel- promptly publish any such determination. MAKING FOR MAJOR RULES AND HIGH-IMPACT evant statutory objectives; and ‘‘(ii) If the agency does not resolve the pe- RULES.— ‘‘(iv) why the agency did not propose any tition under the procedures of clause (i), it ‘‘(1) In the case of a rule making for a of those alternatives; and shall grant any such petition that presents a major rule or high-impact rule, not later ‘‘(H)(i) a statement of whether existing prima facie case that evidence or other infor- than 90 days before a notice of proposed rule rules have created or contributed to the mation upon which the agency bases the pro- making is published in the Federal Register, problem the agency seeks to address with posed rule fails to comply with the Informa- an agency shall publish advance notice of the proposed rule; and tion Quality Act, hold the requested hearing proposed rule making in the Federal Reg- ‘‘(ii) if so, whether or not the agency pro- not later than 30 days after receipt of the pe- ister. poses to amend or rescind any such rules, tition, provide for a reasonable opportunity ‘‘(2) In publishing advance notice under and why. for cross-examination at the hearing, and de- paragraph (1), the agency shall— All information considered by the agency, cide the issues presented by the petition not and actions to obtain information by the ‘‘(A) include a written statement identi- later than 60 days after receipt of the peti- agency, in connection with its determination fying, at a minimum— tion. The agency may deny any petition that to propose the rule, including all informa- ‘‘(i) the nature and significance of the it determines does not present such a prima tion described by the agency under subpara- problem the agency may address with a rule, facie case. graph (D) and, at the discretion of the Presi- including data and other evidence and infor- ‘‘(C) There shall be no judicial review of dent or the Administrator of the Office of In- mation on which the agency expects to rely the agency’s disposition of issues considered formation and Regulatory Affairs, informa- for the proposed rule; and decided or determined under subpara- tion provided by that Office in consultations ‘‘(ii) the legal authority under which a rule graph (B)(ii) until judicial review of the with the agency, shall be placed in the dock- may be proposed, including whether a rule agency’s final action. There shall be no judi- et for the proposed rule and made accessible cial review of an agency’s determination to making is required by statute, and if so, to the public for the public’s use when the withdraw a proposed rule under subpara- whether by a specific date, or whether the notice of proposed rule making is published. graph (B)(i). agency has discretion to commence a rule ‘‘(2)(A) A notice of determination of other ‘‘(D) Failure to petition for a hearing making; and agency course shall include a description of under this paragraph shall not preclude judi- ‘‘(iii) preliminary information available to the alternative response the agency deter- cial review of any claim based on the Infor- the agency concerning the other consider- mined to adopt. mation Quality Act under chapter 7 of this ations specified in subsection (b); ‘‘(B) If in its determination of other agency title. ‘‘(B) solicit written data, views or argu- course the agency makes a determination to ments from interested persons concerning amend or rescind an existing rule, the agen- ‘‘(e) HEARINGS FOR HIGH-IMPACT RULES.— the information and issues addressed in the cy need not undertake additional pro- Following notice of a proposed rule making, advance notice; and ceedings under subsection (c) before the receipt of comments on the proposed rule, ‘‘(C) provide for a period of not fewer than agency publishes a notice of proposed rule and any hearing held under subsection (d)(4), 60 days for interested persons to submit such making to amend or rescind the existing and before adoption of any high-impact rule, written data, views, or arguments to the rule. agency. the agency shall hold a hearing in accord- All information considered by the agency, ance with sections 556 and 557, unless such ‘‘(d) NOTICES OF PROPOSED RULE MAKING; and actions to obtain information by the hearing is waived by all participants in the DETERMINATIONS OF OTHER AGENCY COURSE.— agency, in connection with its determination rule making other than the agency. The Following completion of procedures under of other agency course, including the infor- subsection (c), if applicable, and consulta- mation specified under paragraph (1)(D) and, agency shall provide a reasonable oppor- tion with the Administrator of the Office of at the discretion of the President or the Ad- tunity for cross-examination at such hear- Information and Regulatory Affairs, the ministrator of the Office of Information and ing. The hearing shall be limited to the fol- agency shall publish either a notice of pro- Regulatory Affairs, information provided by lowing issues of fact, except that partici- posed rule making or a determination of that Office in consultations with the agency, pants at the hearing other than the agency other agency course, in accordance with the shall be placed in the docket for the deter- may waive determination of any such issue: following: mination and made accessible to the public ‘‘(1) Whether the agency’s asserted factual ‘‘(1) A notice of proposed rule making shall for the public’s use when the notice of deter- predicate for the rule is supported by the evi- include— mination is published. dence. ‘‘(A) a statement of the time, place, and ‘‘(3) After notice of proposed rule making ‘‘(2) Whether there is an alternative to the nature of public rule making proceedings; required by this section, the agency shall proposed rule that would achieve the rel- ‘‘(B) reference to the legal authority under provide interested persons an opportunity to evant statutory objectives at a lower cost which the rule is proposed; participate in the rule making through sub- (including all costs to be considered under ‘‘(C) the terms of the proposed rule; mission of written data, views, or arguments subsection (b)(6)) than the proposed rule. ‘‘(D) a description of information known to with or without opportunity for oral presen- ‘‘(3) If there is more than one alternative the agency on the subject and issues of the tation, except that— to the proposed rule that would achieve the proposed rule, including— ‘‘(A) if a hearing is required under para- relevant statutory objectives at a lower cost ‘‘(i) a summary of information known to graph (4)(B) or subsection (e), reasonable op- than the proposed rule, which alternative the agency concerning the considerations portunity for oral presentation shall be pro- would achieve the relevant statutory objec- specified in subsection (b); vided under that requirement; or tives at the lowest cost. ‘‘(ii) a summary of additional information ‘‘(B) when other than under subsection (e) ‘‘(4) If the agency proposes to adopt a rule the agency provided to and obtained from in- rules are required by statute or at the discre- that is more costly than the least costly al- terested persons under subsection (c); and tion of the agency to be made on the record ternative that would achieve the relevant ‘‘(iii) information specifically identifying after opportunity for an agency hearing, sec- statutory objectives (including all costs to all data, studies, models, and other evidence tions 556 and 557 shall apply, and paragraph be considered under subsection (b)(6)), or information considered or used by the (4), requirements of subsection (e) to receive whether the additional benefits of the more agency in connection with the determination comment outside of the procedures of sec- costly rule exceed the additional costs of the by the agency to propose the rule; tions 556 and 557, and the petition procedures more costly rule. ‘‘(E)(i) a reasoned preliminary determina- of subsection (e)(6) shall not apply. ‘‘(5) Whether the evidence and other infor- tion of need for the rule based on the infor- The agency shall provide not fewer than 90 mation upon which the agency bases the pro- mation described under subparagraph (D); days for interested persons to submit written posed rule meets the requirements of the In- and data, views, or arguments (or 120 days in the formation Quality Act. ‘‘(ii) an additional statement of whether a case of a proposed major rule or high-impact ‘‘(6) Upon petition by an interested person rule is required by statute; rule). who has participated in the rule making,

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 8, 2014 CONGRESSIONAL RECORD — SENATE S2255 other issues relevant to the rule making, un- ‘‘(bb) whether and how the agency intends addition to the requirements of subsection less the agency determines that consider- to amend or rescind the existing rule sepa- (f) in adopting the rule and in providing no- ation of the issues at the hearing would not rate from adoption of the rule; tice of the rule’s adoption. advance consideration of the rule or would, ‘‘(vi) the agency’s reasoned final deter- ‘‘(i) DATE OF PUBLICATION OF RULE.—The in light of the nature of the need for agency mination that the evidence and other infor- required publication or service of a sub- action, unreasonably delay completion of the mation upon which the agency bases the rule stantive final or interim rule shall be made rule making. An agency shall grant or deny complies with of the Information Quality not less than 30 days before the effective a petition under this paragraph within 30 Act; and date of the rule, except— days after the receipt of the petition. ‘‘(vii) for any major rule or high-impact ‘‘(1) a substantive rule which grants or rec- No later than 45 days before any hearing held rule, the agency’s plan for review of the rule ognizes an exemption or relieves a restric- under this subsection or sections 556 and 557, no less frequently than every 10 years to de- tion; the agency shall publish in the Federal Reg- termine whether, based upon evidence, there ‘‘(2) interpretive rules and statements of ister a notice specifying the proposed rule to remains a need for the rule, whether the rule policy; or be considered at such hearing, the issues to is in fact achieving statutory objectives, ‘‘(3) as otherwise provided by the agency be considered at the hearing, and the time whether the rule’s benefits continue to jus- for good cause found and published with the and place for such hearing, except that such tify its costs, and whether the rule can be rule. notice may be issued not later than 15 days modified or rescinded to reduce costs while ‘‘(j) RIGHT TO PETITION.—Each agency shall before a hearing held under subsection continuing to achieve statutory objectives. give an interested person the right to peti- (d)(4)(B). ‘‘(B) Review of a rule under a plan required tion for the issuance, amendment, or repeal ‘‘(f) FINAL RULES.—(1) The agency shall by paragraph (4)(G) shall take into account of a rule. adopt a rule only following consultation the factors and criteria set forth in sub- ‘‘(k) RULE MAKING GUIDELINES.—(1)(A) The with the Administrator of the Office of Infor- sections (b) through (e) and this subsection. Administrator of the Office of Information mation and Regulatory Affairs to facilitate ‘‘(C) All information considered by the and Regulatory Affairs shall have authority compliance with applicable rule making re- agency in connection with its adoption of to establish guidelines for the assessment, quirements. the rule, and, at the discretion of the Presi- including quantitative and qualitative as- ‘‘(2) The agency shall adopt a rule only on dent or the Administrator of the Office of In- sessment, of the costs and benefits of poten- the basis of the best reasonably obtainable formation and Regulatory Affairs, informa- tial, proposed, and final rules and other eco- scientific, technical, economic, and other tion provided by that Office in consultations nomic issues or issues related to risk that evidence and information concerning the with the agency, shall be placed in the dock- are relevant to rule making under this sec- need for and consequences of the rule. et for the rule and made accessible to the tion and other sections of this title. The ‘‘(3)(A) Except as provided in subparagraph public for the public’s use not later than the rigor of cost-benefit analysis required by (B), the agency shall adopt the least costly date on which the rule is adopted. such guidelines shall be commensurate, in ‘‘(g) EXCEPTIONS FROM NOTICE AND HEARING rule considered during the rule making (in- the Administrator’s determination, with the REQUIREMENTS.—(1) Except when notice or cluding all costs to be considered under sub- economic impact of the rule. hearing is required by statute, subsections section (b)(6)) that meets relevant statutory ‘‘(B) To ensure that agencies use the best (c) through (e) of this section do not apply to objectives. available techniques to quantify and evalu- interpretive rules, general statements of pol- ‘‘(B) The agency may adopt a rule that is ate anticipated present and future benefits, icy, or rules of agency organization, proce- more costly than the least costly alternative costs, other economic issues, and risks as ac- dure, or practice. that would achieve the relevant statutory ‘‘(2)(A) When the agency for good cause, curately as possible, the Administrator of objectives only if— based upon evidence, finds (and incorporates the Office of Information and Regulatory Af- ‘‘(i) the additional benefits of the more the finding and a brief statement of reasons fairs shall regularly update guidelines estab- costly rule justify its additional costs; and therefor in the rules issued) that compliance lished under subparagraph (A). ‘‘(ii) the agency explains its reason for with subsection (c), (d), or (e) or require- ‘‘(2) The Administrator of the Office of In- doing so based on interests of public health, ments to render final determinations under formation and Regulatory Affairs shall also safety or welfare (including protection of the subsection (f) of this section before the have authority to issue guidelines to pro- environment) that are clearly within the issuance of an interim rule is impracticable mote coordination, simplification and har- scope of the statutory provision authorizing or contrary to the public interest, including monization of agency rules during the rule the rule. interests of national security, such sub- making process and otherwise. Such guide- ‘‘(4)(A) When the agency adopts a final sections or requirements to render final de- lines shall assure that each agency avoids rule, the agency shall publish a notice of terminations shall not apply to the agency’s regulations that are inconsistent or incom- final rule making. The notice shall include— adoption of an interim rule. patible with, or duplicative of, its other reg- ‘‘(i) a concise, general statement of the ‘‘(B) If, following compliance with subpara- ulations and those of other Federal agencies rule’s basis and purpose; graph (A) of this paragraph, the agency and drafts its regulations to be simple and ‘‘(ii) the agency’s reasoned final deter- adopts an interim rule, it shall commence easy to understand, with the goal of mini- mination of need for a rule to address the proceedings that comply fully with sub- mizing the potential for uncertainty and liti- problem the agency seeks to address with sections (c) through (f) of this section imme- gation arising from such uncertainty. the rule, including a statement of whether a diately upon publication of the interim rule. ‘‘(3)(A) To ensure consistency in Federal rule is required by statute; No less than 270 days from publication of the rule making, the Administrator of the Office ‘‘(iii) the agency’s reasoned final deter- interim rule (or 18 months in the case of a of Information and Regulatory Affairs mination that the benefits of the rule meet major rule or high-impact rule), the agency shall— the relevant statutory objectives and justify shall complete rule making under sub- ‘‘(i) issue guidelines and otherwise take ac- the rule’s costs (including all costs to be con- sections (c) through (f) of this subsection and tion to ensure that rule makings conducted sidered under subsection (b)(6)); take final action to adopt a final rule or re- in whole or in part under procedures speci- ‘‘(iv) the agency’s reasoned final deter- scind the interim rule. If the agency fails to fied in provisions of law other than those mination not to adopt any of the alter- take timely final action, the interim rule under this subchapter conform to the fullest natives to the proposed rule considered by shall cease to have the effect of law. extent allowed by law with the procedures the agency during the rule making, includ- ‘‘(C) Other than in cases involving inter- set forth in this section; and ing— ests of national security, upon the agency’s ‘‘(ii) issue guidelines for the conduct of ‘‘(I) the agency’s reasoned final determina- publication of an interim rule without com- hearings under subsections (d)(4) and (e), in- tion that no alternative considered achieved pliance with subsections (c), (d), or (e) or re- cluding to assure a reasonable opportunity the relevant statutory objectives with lower quirements to render final determinations for cross-examination. costs (including costs to be considered under under subsection (f) of this section, an inter- ‘‘(B) Each agency shall adopt regulations subsection (b)(6)) than the rule; or ested party may seek immediate judicial re- for the conduct of hearings consistent with ‘‘(II) the agency’s reasoned final deter- view under chapter 7 of this title of the agen- the guidelines issued under this subpara- mination that its adoption of a more costly cy’s determination to adopt such interim graph. rule complies with paragraph (3)(B); rule. The record on such review shall include ‘‘(4) The Administrator of the Office of In- ‘‘(v) the agency’s reasoned final determina- all documents and information considered by formation and Regulatory Affairs shall issue tion— the agency and any additional information guidelines under the Information Quality ‘‘(I) that existing rules have not created or presented by a party that the court deter- Act to apply in rule making proceedings contributed to the problem the agency seeks mines necessary to consider to assure jus- under this section and sections 556 and 557. to address with the rule; or tice. In all cases, the guidelines, and the Adminis- ‘‘(II) that existing rules have created or ‘‘(h) ADDITIONAL REQUIREMENTS FOR HEAR- trator’s specific determinations regarding contributed to the problem the agency seeks INGS.—When a hearing is required under sub- agency compliance with the guidelines, shall to address with the rule, and, if so— section (e) or is otherwise required by stat- be entitled to judicial deference. ‘‘(aa) why amendment or rescission of such ute or at the agency’s discretion before adop- ‘‘(l) RECORD.—The agency shall include in existing rules is not alone sufficient to re- tion of a rule, the agency shall comply with the record for a rule making all documents spond to the problem; and the requirements of sections 556 and 557 in and information considered by the agency

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2256 CONGRESSIONAL RECORD — SENATE April 8, 2014 during the proceeding, including, at the dis- SEC. 315. HEARINGS; PRESIDING EMPLOYEES; ‘‘(d) Nothing in this section shall be con- cretion of the President or the Adminis- POWERS AND DUTIES; BURDEN OF strued to limit judicial review of an agency’s trator of the Office of Information and Regu- PROOF; EVIDENCE; RECORD AS consideration of costs or benefits as a man- latory Affairs, documents and information BASIS OF DECISION. datory or discretionary factor under the Section 556 of title 5, United States Code, communicated by that Office during con- statute authorizing the rule or any other ap- is amended by striking subsection (e) and in- sultation with the agency. plicable statute.’’. serting the following: XEMPTION FOR MONETARY POLICY.— ‘‘(m) E ‘‘(e)(1) The transcript of testimony and ex- SEC. 317. SCOPE OF REVIEW. Nothing in subsection (b)(6), subparagraph hibits, together with all papers and requests Section 706 of title 5, United States Code is (F) through (G) of subsection (d)(1), sub- filed in the proceeding, constitutes the ex- amended— section (e), subsection (f)(3), or clauses (iii) clusive record for decision in accordance (1) by striking ‘‘To the extent necessary’’ and (iv) of subsection (f)(4)(A) shall apply to with section 557 and, on payment of lawfully and inserting ‘‘(a) To the extent necessary’’; rule makings that concern monetary policy prescribed costs, shall be made available to (2) in paragraph (2)(A) of subsection (a) (as proposed or implemented by the Board of the parties. When an agency decision rests redesignated by paragraph (1) of this sec- Governors of the Federal Reserve System or on official notice of a material fact not ap- tion), by inserting after ‘‘in accordance with the Federal Open Market Committee.’’. pearing in the evidence in the record, a party law’’ the following: ‘‘(including the Informa- SEC. 314. AGENCY GUIDANCE; PROCEDURES TO is entitled, on timely request, to an oppor- tion Quality Act as defined under section ISSUE MAJOR GUIDANCE; PRESI- tunity to show the contrary. 551(17))’’; and DENTIAL AUTHORITY TO ISSUE ‘‘(2) Notwithstanding paragraph (1) of this (3) by adding at the end the following: GUIDELINES FOR ISSUANCE OF subsection, in a proceeding held under this GUIDANCE. ‘‘(b) The court shall not defer to the agen- section under section 553(d)(4) or 553(e), the (a) IN GENERAL.—Chapter 5 of title 5, cy’s— record for decision shall include any infor- United States Code, is amended by inserting ‘‘(1) interpretation of an agency rule if the mation that is part of the record of pro- after section 553 the following: agency did not comply with the procedures ceedings under section 553. of section 553 or sections 556 and 557 to issue ‘‘§ 553a. Agency guidance; procedures to issue ‘‘(f) When an agency conducts rule making the interpretation; major guidance; authority to issue guide- under this section and section 557 directly ‘‘(2) determination of the costs and bene- lines for issuance of guidance after concluding proceedings upon an ad- fits or other economic or risk assessment of ‘‘(a) Before issuing any major guidance, an vance notice of proposed rule making under the regulatory action, if the agency failed to agency shall— section 553(c), the matters to be considered conform to guidelines on such determina- ‘‘(1) make and document a reasoned deter- and determinations to be made shall include, tions and assessments established by the Ad- mination that— among other relevant matters and deter- ministrator of the Office of Information and ‘‘(A) assures that such guidance is under- minations, the matters and determinations Regulatory Affairs under section 553(k); or standable and complies with relevant statu- described in subsections (b) and (f) of section ‘‘(3) determinations under interlocutory re- tory objectives and regulatory provisions; 553. view under sections 553(g)(2)(C) and 704(2). ‘‘(B) identifies the costs and benefits (in- ‘‘(g)(1) Upon receipt of a petition for a hearing under this section, the agency shall ‘‘(c) The court shall review agency denials cluding all costs to be considered during the of petitions under section 553(e)(6) or any rule making under section 553(b) of this title) grant the petition in the case of any major rule, unless the agency reasonably deter- other petition for a hearing under sections of conduct conforming to such guidance and 556 and 557 for abuse of agency discretion.’’. assures that such benefits justify such costs; mines that a hearing would not advance con- SEC. 318. ADDED DEFINITION. and sideration of the rule or would, in light of Section 701(b) of title 5, United States ‘‘(C) describes alternatives to such guid- the need for agency action, unreasonably Code, is amended— ance and their costs and benefits (including delay completion of the rule making. The (1) in paragraph (1), by striking ‘‘and’’; all costs to be considered during rule making agency shall publish its decision to grant or (2) in paragraph (2), by striking the period under section 553(b) of this title) and ex- deny the petition when it renders the deci- at the end, and inserting ‘‘; and’’; and plains why the agency rejected those alter- sion, including an explanation of the grounds (3) by adding at the end the following: natives; and for decision. The information contained in the petition shall in all cases be included in ‘‘(3) ‘substantial evidence’ means such rel- ‘‘(2) confer with the Administrator of the the administrative record. evant evidence as a reasonable mind might Office of Information and Regulatory Affairs ‘‘(2) This subsection shall not apply to rule accept as adequate to support a conclusion on the issuance of such guidance to assure makings that concern monetary policy pro- in light of the record considered as a whole, that the guidance is reasonable, understand- posed or implemented by the Board of Gov- taking into account whatever in the record able, consistent with relevant statutory and ernors of the Federal Reserve System or the fairly detracts from the weight of the evi- regulatory provisions and requirements or Federal Open Market Committee.’’. dence relied upon by the agency to support practices of other agencies, does not produce SEC. 316. ACTIONS REVIEWABLE. its decision.’’. costs that are unjustified by the guidance’s Section 704 of title 5, United States Code, benefits, and is otherwise appropriate. SEC. 319. EFFECTIVE DATE. is amended— ‘‘(b) AGENCY GUIDANCE.— The amendments made by this title to— (1) by striking ‘‘Agency action made’’ and ‘‘(1) is not legally binding and may not be (1) sections 553, 556, and 704 of title 5, inserting ‘‘(a) Agency action made’’; and relied upon by an agency as legal grounds for United States Code; (2) by adding at the end the following: (2) section 701(b) of title 5, United States agency action; ‘‘(b)(1) Except as provided under paragraph Code; ‘‘(2) shall state in a plain, prominent and (2) and notwithstanding subsection (a), upon (3) paragraphs (4) and (5) of section 706(b) of permanent manner that it is not legally the agency’s publication of an interim rule title 5, United States Code; and binding; and without compliance with subsection (c), (d), (4) section 706(c) of title 5, United States ‘‘(3) shall, at the time it is issued or upon or (e) of section 553 or requirements to Code, request, be made available by the issuing render final determinations under subsection shall not apply to any rule makings pending agency to interested persons and the public. (f) of section 553, an interested party may or completed on the date of enactment of ‘‘(c) The Administrator of the Office of In- seek immediate judicial review under this this Act. formation and Regulatory Affairs shall have chapter of the agency’s determination to authority to issue guidelines for use by the adopt such rule on an interim basis. Review TITLE IV—SUPPORTING KNOWLEDGE AND agencies in the issuance of major guidance shall be limited to whether the agency INVESTING IN LIFELONG SKILLS and other guidance. Such guidelines shall as- abused its discretion to adopt the interim SEC. 401. SHORT TITLE. sure that each agency avoids issuing guid- rule without compliance with subsection (c), This title may be cited as the ‘‘Supporting ance documents that are inconsistent or in- (d), or (e) of section 553 or without rendering compatible with, or duplicative of, its other Knowledge and Investing in Lifelong Skills final determinations under subsection (f) of Act’’ or the ‘‘SKILLS Act’’. regulations and those of other Federal agen- section 553. SEC. 402. REFERENCES. cies and drafts its guidance documents to be ‘‘(2) This subsection shall not apply in simple and easy to understand, with the goal cases involving interests of national secu- Except as otherwise expressly provided, of minimizing the potential for uncertainty rity. wherever in this title an amendment or re- and litigation arising from such uncer- ‘‘(c) For rules other than major rules and peal is expressed in terms of an amendment tainty.’’. high-impact rules, compliance with sub- to, or repeal of, a section or other provision, (b) TECHNICAL AND CONFORMING AMEND- section (b)(6), subparagraphs (F) through (G) the amendment or repeal shall be considered MENT.—The table of sections for chapter 5 of of subsection (d)(1), subsection (f)(3), and to be made to a section or other provision of title 5, United States Code, is amended by in- clauses (iii) and (iv) of subsection (f)(4)(A) of the Workforce Investment Act of 1998 (29 serting after the item relating to section 553 section 553 shall not be subject to judicial re- U.S.C. 2801 et seq.). the following: view. In all cases, the determination that a SEC. 403. APPLICATION TO FISCAL YEARS. ‘‘553a. Agency guidance; procedures to issue rule is not a major rule within the meaning Except as otherwise provided, this title major guidance; presidential of section 551(19)(A) or a high-impact rule and the amendments made by this title shall authority to issue guidelines shall be subject to judicial review under sec- apply with respect to fiscal year 2015 and for issuance of guidance.’’. tion 706(a)(2)(A). succeeding fiscal years.

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 8, 2014 CONGRESSIONAL RECORD — SENATE S2257 Subtitle A—Amendments to the Workforce ‘‘work ready services described in section (19) in paragraph (38), by striking Investment Act of 1998 134(c)(2)’’; ‘‘134(a)(1)(A)’’ and inserting ‘‘134(a)(1)(B)’’; CHAPTER 1—WORKFORCE INVESTMENT (C) in subparagraph (C), by striking ‘‘or’’ (20) in paragraph (41), by striking ‘‘, and DEFINITIONS after the semicolon; the term means such Secretary for purposes SEC. 406. DEFINITIONS. (D) in subparagraph (D), by striking the pe- of section 503’’; Section 101 (29 U.S.C. 2801) is amended— riod and inserting ‘‘; or’’; and (21) in paragraph (43), by striking ‘‘clause (1) by striking paragraph (2) and inserting (E) by adding at the end the following: (iii) or (v) of section 136(b)(3)(A)’’ and insert- the following: ‘‘(E)(i) is the spouse of a member of the ing ‘‘section 136(b)(3)(A)(iii)’’; ‘‘(2) ADULT EDUCATION AND FAMILY LIT- Armed Forces on active duty for a period of (22) by amending paragraph (49) to read as ERACY EDUCATION ACTIVITIES.—The term more than 30 days (as defined in section follows: 101(d)(2) of title 10, United States Code) who ‘adult education and family literacy edu- ‘‘(49) VETERAN.—The term ‘veteran’ has the cation activities’ has the meaning given the has experienced a loss of employment as a di- same meaning given the term in section rect result of relocation to accommodate a term in section 203.’’; 2108(1) of title 5, United States Code.’’; permanent change in duty station of such (2) by striking paragraphs (13) and (24); (23) by amending paragraph (50) to read as member; or (3) by redesignating paragraphs (1) through follows: (12) as paragraphs (3) through (14), and para- ‘‘(ii) is the spouse of a member of the Armed Forces on active duty (as defined in ‘‘(50) CAREER AND TECHNICAL EDUCATION.— graphs (14) through (23) as paragraphs (15) section 101(d)(1) of title 10, United States The term ‘career and technical education’ through (24), respectively; Code) who meets the criteria described in has the meaning given the term in section 3 (4) by striking paragraphs (52) and (53); paragraph (12)(B).’’; of the Carl D. Perkins Career and Technical (5) by inserting after ‘‘In this title:’’ the (11) in paragraph (12)(A) (as redesignated)— Education Act of 2006 (20 U.S.C. 2302).’’; following new paragraphs: (A) by striking ‘‘and’’ after the semicolon (24) in paragraph (51), by striking ‘‘, and a ‘‘(1) ACCRUED EXPENDITURES.—The term and inserting ‘‘or’’; youth activity’’; and ‘accrued expenditures’ means— (B) by striking ‘‘(A)’’ and inserting (25) by adding at the end the following: ‘‘(A) charges incurred by recipients of ‘‘(A)(i)’’; and ‘‘(52) AT-RISK YOUTH.—Except as provided funds under this title for a given period re- (C) by adding at the end the following: in subtitle C, the term ‘at-risk youth’ means quiring the provision of funds for goods or ‘‘(ii) is the spouse of a member of the an individual who— other tangible property received; Armed Forces on active duty for a period of ‘‘(A) is not less than age 16 and not more ‘‘(B) charges incurred for services per- more than 30 days (as defined in section than age 24; formed by employees, contractors, sub- 101(d)(2) of title 10, United States Code) ‘‘(B) is a low-income individual; and grantees, subcontractors, and other payees; whose family income is significantly reduced ‘‘(C) is an individual who is one or more of and because of a deployment (as defined in sec- the following: ‘‘(C) other amounts becoming owed, under tion 991(b) of title 10, United States Code, or ‘‘(i) A secondary school dropout. programs assisted under this title, for which pursuant to paragraph (4) of such section), a ‘‘(ii) A youth in foster care (including no current services or performance is re- call or order to active duty pursuant to a youth aging out of foster care). quired, such as amounts for annuities, insur- provision of law referred to in section ‘‘(iii) A youth offender. ance claims, and other benefit payments. 101(a)(13)(B) of title 10, United States Code, a ‘‘(iv) A youth who is an individual with a ‘‘(2) ADMINISTRATIVE COSTS.—The term ‘ad- permanent change of station, or the service- disability. ministrative costs’ means expenditures in- connected (as defined in section 101(16) of ‘‘(v) A migrant youth. curred by State boards and local boards, di- title 38, United States Code) death or dis- ‘‘(53) INDUSTRY OR SECTOR PARTNERSHIP.— rect recipients (including State grant recipi- ability of the member; and’’; The term ‘industry or sector partnership’ ents under subtitle B and recipients of (12) in paragraph (13) (as so redesignated), means a partnership of— awards under subtitles C and D), local grant by inserting ‘‘or regional’’ after ‘‘local’’ each ‘‘(A) a State board or local board; and recipients, local fiscal agents or local grant place it appears; ‘‘(B) one or more industry or sector organi- subrecipients, and one-stop operators in the (13) in paragraph (14) (as so redesignated)— zations, and other entities, that have the ca- performance of administrative functions and (A) in subparagraph (A), by striking ‘‘sec- pability to help the State board or local in carrying out activities under this title tion 122(e)(3)’’ and inserting ‘‘section 122’’; board determine the immediate and long- that are not related to the direct provision (B) by striking subparagraph (B), and in- term skilled workforce needs of in-demand of workforce investment activities (includ- serting the following: industries or sectors and other occupations ing services to participants and employers). ‘‘(B) work ready services, means a provider important to the State or local economy, re- Such costs include both personnel and non- who is identified or awarded a contract as spectively. personnel expenditures and both direct and described in section 117(d)(5)(C); or’’; ‘‘(54) INDUSTRY-RECOGNIZED CREDENTIAL.— indirect expenditures.’’; (C) by striking subparagraph (C); and The term ‘industry-recognized credential’ (6) in paragraph (3) (as so redesignated), by (D) by redesignating subparagraph (D) as means a credential that is sought or accept- striking ‘‘Except in sections 127 and 132, the’’ subparagraph (C); ed by companies within the industry sector and inserting ‘‘The’’; (14) in paragraph (15) (as so redesignated), involved, across multiple States, as recog- (7) by amending paragraph (5) (as so redes- by striking ‘‘adult or dislocated worker’’ and ignated) to read as follows: inserting ‘‘individual’’; nized, preferred, or required for recruitment, screening, or hiring and is awarded for com- ‘‘(5) AREA CAREER AND TECHNICAL EDU- (15) in paragraph (20), by striking ‘‘The’’ CATION SCHOOL.—The term ‘area career and and inserting ‘‘Subject to section pletion of a program listed or identified technical education school’ has the meaning 116(a)(1)(E), the’’; under subsection (d) or (i) of section 122, for given the term in section 3(3) of the Carl D. (16) in paragraph (25)— the local area involved. Perkins Career and Technical Education Act (A) in subparagraph (B), by striking ‘‘high- ‘‘(55) PAY-FOR-PERFORMANCE CONTRACT of 2006 (20 U.S.C. 2302(3)).’’; er of—’’ and all that follows through clause STRATEGY.—The term ‘pay-for-performance (8) in paragraph (6) (as so redesignated), by (ii) and inserting ‘‘poverty line for an equiva- contract strategy’ means a strategy in which inserting ‘‘(or such other level as the Gov- lent period;’’; a pay-for-performance contract to provide a ernor may establish)’’ after ‘‘8th grade (B) by redesignating subparagraphs (D) program of employment and training activi- level’’; through (F) as subparagraphs (E) through ties incorporates provisions regarding— (9) in paragraph (10)(C) (as so redesig- (G), respectively; and ‘‘(A) the core indicators of performance de- nated), by striking ‘‘not less than 50 percent (C) by inserting after subparagraph (C) the scribed in subclauses (I) through (IV) and of the cost of the training’’ and inserting ‘‘a following: (VI) of section 136(b)(2)(A)(i); significant portion of the cost of training, as ‘‘(D) receives or is eligible to receive a free ‘‘(B) a fixed amount that will be paid to an determined by the local board involved (or, or reduced price lunch under the Richard B. eligible provider of such employment and in the case of an employer in multiple local Russell National School Lunch Act (42 U.S.C. training activities for each program partici- areas in the State, as determined by the 1751 et seq.);’’; pant who, within a defined timetable, Governor), taking into account the size of (17) in paragraph (32), by striking ‘‘the Re- achieves the agreed-to levels of performance the employer and such other factors as the public of the Marshall Islands, the Federated based upon the core indicators of perform- local board or Governor, respectively, deter- States of Micronesia,’’; ance described in subparagraph (A), and may mines to be appropriate’’; (18) by amending paragraph (33) to read as include a bonus payment to such provider, (10) in paragraph (11) (as so redesignated)— follows: which may be used to expand the capacity of (A) in subparagraph (A)(ii)(II), by striking ‘‘(33) OUT-OF-SCHOOL YOUTH.—The term such provider; ‘‘section 134(c)’’ and inserting ‘‘section ‘out-of-school youth’ means— ‘‘(C) the ability for an eligible provider to 121(e)’’; ‘‘(A) an at-risk youth who is a school drop- recoup the costs of providing the activities (B) in subparagraph (B)(iii)— out; or for a program participant who has not (i) by striking ‘‘134(d)(4)’’ and inserting ‘‘(B) an at-risk youth who has received a achieved those levels, but for whom the pro- ‘‘134(c)(4)’’; and secondary school diploma or its recognized vider is able to demonstrate that such par- (ii) by striking ‘‘intensive services de- equivalent but is basic skills deficient, un- ticipant gained specific competencies re- scribed in section 134(d)(3)’’ and inserting employed, or underemployed.’’; quired for education and career advancement

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2258 CONGRESSIONAL RECORD — SENATE April 8, 2014 that are, where feasible, tied to industry-rec- (B) by amending paragraph (3) to read as (2) in subsection (b)— ognized credentials and related standards, or follows: (A) by amending paragraph (4) to read as State licensing requirements; and ‘‘(3) MAJORITY.—A 2⁄3 majority of the mem- follows: ‘‘(D) the ability for an eligible provider bers of the board shall be representatives de- ‘‘(4) information describing— that does not meet the requirements under scribed in paragraph (1)(B)(i).’’; ‘‘(A) the economic conditions in the State; section 122(a)(2) to participate in such pay- (2) in subsection (c), by striking ‘‘(B) the immediate and long-term skilled for-performance contract and to not be re- ‘‘(b)(1)(C)(i)’’ and inserting ‘‘(b)(1)(B)(i)’’; workforce needs of in-demand industries, quired to report on the performance and cost (3) by amending subsection (d) to read as small businesses, and other occupations im- information required under section 122(d). follows: portant to the State economy; ‘‘(56) RECOGNIZED POSTSECONDARY CREDEN- ‘‘(d) FUNCTIONS.—The State board shall as- ‘‘(C) the knowledge and skills of the work- TIAL.—The term ‘recognized postsecondary sist the Governor of the State as follows: force in the State; and credential’ means a credential awarded by a ‘‘(1) STATE PLAN.—Consistent with section ‘‘(D) workforce development activities (in- provider of training services or postsec- 112, the State board shall develop a State cluding education and training) in the ondary educational institution based on plan. State;’’; completion of all requirements for a program ‘‘(2) STATEWIDE WORKFORCE DEVELOPMENT (B) by amending paragraph (7) to read as of study, including coursework or tests or SYSTEM.—The State board shall review and follows: other performance evaluations. The term develop statewide policies and programs in ‘‘(7) a description of the State criteria for means an industry-recognized credential, a the State in a manner that supports a com- determining the eligibility of training serv- certificate of completion of a registered ap- prehensive statewide workforce development ices providers in accordance with section 122, prenticeship program, or an associate or bac- system that will result in meeting the work- including how the State will take into ac- calaureate degree from an institution de- force needs of the State and its local areas. count the performance of providers and scribed in section 122(a)(2)(A)(i). Such review shall include determining whether the training services relate to in-de- whether the State should consolidate addi- ‘‘(57) REGISTERED APPRENTICESHIP PRO- mand industries and other occupations im- tional amounts for additional activities or GRAM.—The term ‘registered apprenticeship portant to the State economy;’’; program’ means a program described in sec- programs into the Workforce Investment (C) by amending paragraph (8) to read as tion 122(a)(2)(B).’’. Fund in accordance with section 501(e). follows: ‘‘(3) WORKFORCE AND LABOR MARKET INFOR- ‘‘(8)(A) a description of the procedures that CHAPTER 2—STATEWIDE AND LOCAL MATION SYSTEM.—The State board shall de- will be taken by the State to assure coordi- WORKFORCE INVESTMENT SYSTEMS velop a statewide workforce and labor mar- nation of, and avoid duplication among, the SEC. 411. PURPOSE. ket information system described in section programs and activities identified under sec- Section 106 (29 U.S.C. 2811) is amended by 15(e) of the Wagner-Peyser Act (29 U.S.C. 49l– tion 501(b)(2); and adding at the end the following: ‘‘It is also 2(e)), which may include using information ‘‘(B) a description of and an assurance re- the purpose of this subtitle to provide work- collected under Federal law other than this garding common data collection and report- force investment activities in a manner that Act by the State economic development en- ing processes used for the programs and ac- enhances employer engagement, promotes tity or a related entity in developing such tivities described in subparagraph (A), which customer choices in the selection of training system. are carried out by one-stop partners, includ- services, and ensures accountability in the ‘‘(4) EMPLOYER ENGAGEMENT.—The State ing— use of taxpayer funds.’’. board shall develop strategies, across local ‘‘(i) an assurance that such processes use SEC. 412. STATE WORKFORCE INVESTMENT areas, that meet the needs of employers and quarterly wage records for performance BOARDS. support economic growth in the State by en- measures described in section 136(b)(2)(A) Section 111 (29 U.S.C. 2821) is amended— hancing communication, coordination, and that are applicable to such programs or ac- (1) in subsection (b)— collaboration among employers, economic tivities; or (A) in paragraph (1)— development entities, and service providers. ‘‘(ii) if such wage records are not being (i) by striking subparagraph (B); ‘‘(5) DESIGNATION OF LOCAL AREAS.—The used for the performance measures, an iden- (ii) by redesignating subparagraph (C) as State board shall designate local areas as re- tification of the barriers to using such wage subparagraph (B); and quired under section 116. records and a description of how the State (iii) in subparagraph (B) (as so redesig- ‘‘(6) ONE-STOP DELIVERY SYSTEM.—The will address such barriers within 1 year of nated)— State board shall identify and disseminate the approval of the plan;’’; (I) by amending clause (i)(I), by striking information on best practices for effective (D) in paragraph (9), by striking ‘‘, includ- ‘‘section 117(b)(2)(A)(i)’’ and inserting ‘‘sec- operation of one-stop centers, including use ing comment by representatives of busi- tion 117(b)(2)(A)’’; of innovative business outreach, partner- nesses and representatives of labor organiza- (II) by amending clause (i)(II) to read as ships, and service delivery strategies. tions,’’; follows: ‘‘(7) PROGRAM OVERSIGHT.—The State board (E) in paragraph (11), by striking ‘‘under ‘‘(II) represent businesses, including large shall conduct the following program over- sections 127 and 132’’ and inserting ‘‘under and small businesses, each of which has im- sight: section 132’’; mediate and long-term employment opportu- ‘‘(A) Reviewing and approving local plans (F) by striking paragraph (12); nities in an in-demand industry or other oc- under section 118. (G) by redesignating paragraphs (13) cupation important to the State economy; ‘‘(B) Ensuring the appropriate use and through (18) as paragraphs (12) through (17), and’’; management of the funds provided for State respectively; (III) by striking clause (iii) and inserting employment and training activities author- (H) in paragraph (12) (as so redesignated), the following: ized under section 134. by striking ‘‘111(f)’’ and inserting ‘‘111(e)’’; ‘‘(iii) a State agency official responsible ‘‘(C) Preparing an annual report to the (I) in paragraph (13) (as so redesignated), for economic development; and’’; Secretary described in section 136(d). by striking ‘‘134(c)’’ and inserting ‘‘121(e)’’; (IV) by striking clauses (iv) through (vi); ‘‘(8) DEVELOPMENT OF PERFORMANCE MEAS- (J) in paragraph (14) (as so redesignated), (V) by amending clause (vii) to read as fol- URES.—The State board shall develop and en- by striking ‘‘116(a)(5)’’ and inserting lows: sure continuous improvement of comprehen- ‘‘116(a)(3)’’; ‘‘(vii) such other representatives and State sive State performance measures, including (K) in paragraph (16) (as so redesignated)— agency officials as the Governor may des- State adjusted levels of performance, as de- (i) in subparagraph (A)— ignate, including— scribed under section 136(b).’’; (I) in clause (ii)— ‘‘(I) members of the State legislature; (4) by striking subsection (e) and redesig- (aa) by striking ‘‘to dislocated workers’’; ‘‘(II) representatives of individuals and or- nating subsection (f) as subsection (e); and ganizations that have experience with re- (5) in subsection (e) (as so redesignated), by (bb) by inserting ‘‘and additional assist- spect to youth activities; inserting ‘‘or participate in any action ance’’ after ‘‘rapid response activities’’; ‘‘(III) representatives of individuals and or- taken’’ after ‘‘vote’’; (II) in clause (iii), by striking ‘‘134(d)(4)’’ ganizations that have experience and exper- (6) by inserting after subsection (e) (as so and inserting ‘‘134(c)(4)’’; tise in the delivery of workforce investment redesignated), the following: (III) by striking ‘‘and’’ at the end of clause activities, including chief executive officers ‘‘(f) STAFF.—The State board may employ (iii); of community colleges and community-based staff to assist in carrying out the functions (IV) by amending clause (iv) to read as fol- organizations within the State; described in subsection (d).’’; and lows: ‘‘(IV) representatives of the lead State (7) in subsection (g), by inserting ‘‘elec- ‘‘(iv) how the State will serve the employ- agency officials with responsibility for the tronic means and’’ after ‘‘on a regular basis ment and training needs of dislocated work- programs and activities that are described in through’’. ers (including displaced homemakers), low- section 121(b) and carried out by one-stop SEC. 413. STATE PLAN. income individuals (including recipients of partners; or Section 112 (29 U.S.C. 2822)— public assistance such as supplemental nu- ‘‘(V) representatives of veterans service or- (1) in subsection (a)— trition assistance program benefits pursuant ganizations.’’; and (A) by striking ‘‘127 or’’; and to the Food and Nutrition Act of 2008 (7 (VI) by redesignating clause (vii) (as so (B) by striking ‘‘5-year strategy’’ and in- U.S.C. 2011 et seq.)), long-term unemployed amended) as clause (iv); and serting ‘‘3-year strategy’’; individuals (including individuals who have

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 8, 2014 CONGRESSIONAL RECORD — SENATE S2259 exhausted entitlement to Federal and State ‘‘(B) the formula for allocating such infra- ‘‘(III) economic development regions; unemployment compensation), English structure funds to local areas under section ‘‘(iii) a description of the eligible providers learners, homeless individuals, individuals 121(h)(3); of education and training, including postsec- training for nontraditional employment, ‘‘(23) a description of the strategies and ondary educational institutions such as com- youth (including out-of-school youth and at- services that will be used in the State to as- munity colleges, located in the local area risk youth), older workers, ex-offenders, mi- sist at-risk youth and out-of-school youth in and available to meet the needs of the local grant and seasonal farmworkers, refugees acquiring the education and skills, creden- workforce; and entrants, veterans (including disabled tials (including recognized postsecondary ‘‘(iv) a description of the distance that in- and homeless veterans), and Native Ameri- credentials, such as industry-recognized cre- dividuals will need to travel to receive serv- cans; and’’; and dentials), and employment experience to suc- ices provided in such local area; and (V) by adding at the end the following new ceed in the labor market, including— ‘‘(v) any other criteria that the State clause: ‘‘(A) training and internships in in-demand board may require. industries or occupations important to the ‘‘(v) how the State will— ‘‘(C) PRIORITY.—In designating local areas State and local economy; ‘‘(I) consistent with section 188 and Execu- under this paragraph, a State board shall ‘‘(B) dropout recovery activities that are tive Order No. 13217 (42 U.S.C. 12131 note), give priority consideration to an area pro- designed to lead to the attainment of a reg- posed by an applicant demonstrating that a serve the employment and training needs of ular secondary school diploma or its recog- individuals with disabilities; and designation as a local area under this para- nized equivalent, or other State-recognized graph will result in the reduction of overlap- ‘‘(II) consistent with sections 504 and 508 of equivalent (including recognized alternative the Rehabilitation Act of 1973 (29 U.S.C. 794, ping service delivery areas, local market standards for individuals with disabilities); areas, or economic development regions. 794d), include the provision of outreach, in- and take, assessments, and service delivery, the ‘‘(D) ALIGNMENT WITH LOCAL PLAN.—A ‘‘(C) activities combining remediation of State may designate an area proposed by an development of performance measures, the academic skills, work readiness training, applicant as a local area under this para- training of staff, and other aspects of acces- and work experience, and including linkages graph for a period not to exceed 3 years. sibility for individuals with disabilities to to postsecondary education and training and ‘‘(E) REFERENCES.—For purposes of this programs and services under this subtitle;’’; career-ladder employment; and Act, a reference to a local area— and ‘‘(24) a description of— ‘‘(i) used with respect to a geographic area, (ii) in subparagraph (B), by striking ‘‘to ‘‘(A) how the State will furnish employ- refers to an area designated under this para- the extent practicable’’ and inserting ‘‘in ac- ment, training, including training in ad- graph; and cordance with the requirements of the Jobs vanced manufacturing, supportive, and ‘‘(ii) used with respect to an entity, refers for Veterans Act (Public Law 107–288) and the placement services to veterans, including to the applicant.’’; amendments made by such Act’’; and disabled and homeless veterans; (B) by amending paragraph (2) to read as (L) by striking paragraph (17) (as so redes- ‘‘(B) the strategies and services that will follows: ignated) and inserting the following: be used in the State to assist in and expedite ‘‘(2) TECHNICAL ASSISTANCE.—The Secretary ‘‘(17) a description of the strategies and reintegration of homeless veterans into the shall, if requested by the Governor of a labor force; and services that will be used in the State— State, provide the State with technical as- ‘‘(C) the veterans population to be served ‘‘(A) to more fully engage employers, in- sistance in making the determinations re- in the State.’’; cluding small businesses and employers in quired under paragraph (1). The Secretary (3) in subsection (c), by striking ‘‘period, in-demand industries and occupations impor- shall not issue regulations governing deter- that—’’ and all that follows through para- tant to the State economy; minations to be made under paragraph (1).’’; graph (2) and inserting ‘‘period, that the plan ‘‘(B) to meet the needs of employers in the (C) by striking paragraph (3); is inconsistent with the provisions of this State; and (D) by striking paragraph (4); title.’’; and ‘‘(C) to better coordinate workforce devel- (E) by redesignating paragraph (5) as para- (4) in subsection (d), by striking ‘‘5-year’’ opment programs with economic develop- graph (3); and and inserting ‘‘3-year’’. ment activities; (F) in paragraph (3) (as so redesignated), by SEC. 414. LOCAL WORKFORCE INVESTMENT ‘‘(18) a description of how the State board striking ‘‘(2) or (3)’’ both places it appears will convene (or help to convene) industry or AREAS. Section 116 (29 U.S.C. 2831) is amended— and inserting ‘‘(1)’’; sector partnerships that lead to collabo- (2) by amending subsection (b) to read as rative planning, resource alignment, and (1) in subsection (a)— (A) by amending paragraph (1) to read as follows: training efforts across a targeted cluster of follows: ‘‘(b) SINGLE STATES.—Consistent with sub- multiple firms for a range of workers em- ‘‘(1) IN GENERAL.— section (a), the State board of a State may ployed or potentially employed by the indus- ‘‘(A) PROCESS.—In order to receive an al- designate the State as a single State local try or sector— lotment under section 132, a State, through area for the purposes of this title.’’; and ‘‘(A) to encourage industry growth and the State board, shall establish a process to (3) in subsection (c)— competitiveness and to improve worker designate local workforce investment areas (A) in paragraph (1), by adding at the end training, retention, and advancement in the within the State. Such process shall— the following: ‘‘The State may require the industry or sector; ‘‘(i) support the statewide workforce devel- local boards for the designated region to pre- ‘‘(B) to address the immediate and long- opment system developed under section pare a single regional plan that incorporates term skilled workforce needs of in-demand 111(d)(2), enabling the system to meet the the elements of the local plan under section industries, small businesses, and other occu- workforce needs of the State and its local 118 and that is submitted and approved in pations important to the State economy; and areas; lieu of separate local plans under such sec- ‘‘(C) to address critical skill gaps within ‘‘(ii) include consultation, prior to the des- tion.’’; and and across industries and sectors; ignation, with chief elected officials; (B) in paragraph (2), by striking ‘‘employ- ‘‘(19) a description of how the State will ‘‘(iii) include consideration of comments ment statistics’’ and inserting ‘‘workforce utilize technology, to facilitate access to received on the designation through the pub- and labor market information’’. services in remote areas, which may be used lic comment process as described in section SEC. 415. LOCAL WORKFORCE INVESTMENT throughout the State; 112(b)(9); and BOARDS. ‘‘(20) a description of the State strategy ‘‘(iv) require the submission of an applica- Section 117 (29 U.S.C. 2832) is amended— and assistance to be provided by the State tion for approval under subparagraph (B). (1) in subsection (b)— for encouraging regional cooperation within ‘‘(B) APPLICATION.—To obtain designation (A) in paragraph (2)— the State and across State borders, as appro- of a local area under this paragraph, a local (i) in subparagraph (A)— priate; or regional board (or consortia of local or re- (I) by striking ‘‘include—’’ and all that fol- ‘‘(21) a description of the actions that will gional boards) seeking to take responsibility lows through ‘‘representatives’’ and insert- be taken by the State to foster communica- for the area under this Act shall submit an ing ‘‘include representatives’’; tion, coordination, and partnerships with application to a State board at such time, in (II) by striking clauses (ii) through (vi); nonprofit organizations (including public li- such manner, and containing such informa- (III) by redesignating subclauses (I) braries, community, faith-based, and philan- tion as the State board may require, includ- through (III) as clauses (i) through (iii), re- thropic organizations) that provide employ- ing— spectively (and by moving the margins of ment-related, training, and complementary ‘‘(i) a description of the local area, includ- such clauses 2 ems to the left); services, to enhance the quality and coming the population that will be served by the (IV) by striking clause (ii) (as so redesig- prehensiveness of services available to par- local area, and the education and training nated) and inserting the following: ticipants under this title; needs of its employers and workers; ‘‘(ii) represent businesses, including large ‘‘(22) a description of the process and meth- ‘‘(ii) a description of how the local area is and small businesses, each of which has im- odology for determining— consistent or aligned with— mediate and long-term employment opportu- ‘‘(A) one-stop partner program contribu- ‘‘(I) service delivery areas (as determined nities in an in-demand industry or other oc- tions for the costs of infrastructure of one- by the State); cupation important to the local economy; stop centers under section 121(h)(1); and ‘‘(II) labor market areas; and and’’; and

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2260 CONGRESSIONAL RECORD — SENATE April 8, 2014 (V) by striking the semicolon at the end of shall reserve a percentage of funds to carry and reach agreement on local performance clause (iii) (as so redesignated) and inserting out the activities specified in section measures as described in section 136(c). ‘‘; and’’; and 134(c)(4). The local board shall use the anal- ‘‘(8) TECHNOLOGY IMPROVEMENTS.—The (ii) by amending subparagraph (B) to read ysis conducted under paragraph (2)(A)(i) to local board shall develop strategies for tech- as follows: determine the appropriate percentage of nology improvements to facilitate access to ‘‘(B) may include such other individuals or funds to reserve under this clause. services authorized under this subtitle and representatives of entities as the chief elect- ‘‘(B) ADMINISTRATION.— carried out in the local area, including ac- ed official in the local area may determine ‘‘(i) GRANT RECIPIENT.—The chief elected cess in remote areas.’’; to be appropriate, including— official in a local area shall serve as the (4) in subsection (e)— ‘‘(i) the superintendent or other employee local grant recipient for, and shall be liable (A) by inserting ‘‘electronic means and’’ of the local educational agency who has pri- for any misuse of, the grant funds allocated after ‘‘regular basis through’’; and mary responsibility for secondary education, to the local area under section 133, unless (B) by striking ‘‘and the award of grants or the presidents or chief executive officers of the chief elected official reaches an agree- contracts to eligible providers of youth ac- postsecondary educational institutions (in- ment with the Governor for the Governor to tivities,’’; cluding a community college, where such an act as the local grant recipient and bear such (5) in subsection (f)— entity exists), or administrators of local en- liability. (A) in paragraph (1)(A), by striking ‘‘sec- tities providing adult education and family ‘‘(ii) DESIGNATION.—In order to assist in ad- tion 134(d)(4)’’ and inserting ‘‘section literacy education activities; ministration of the grant funds, the chief 134(c)(4)’’; and ‘‘(ii) representatives of community-based elected official or the Governor, where the (B) by striking paragraph (2) and inserting organizations (including organizations rep- Governor serves as the local grant recipient the following: resenting individuals with disabilities and for a local area, may designate an entity to ‘‘(2) WORK READY SERVICES; DESIGNATION OR veterans, for a local area in which such orga- serve as a local grant subrecipient for such CERTIFICATION AS ONE-STOP OPERATORS.—A nizations are present); or funds or as a local fiscal agent. Such des- local board may provide work ready services ‘‘(iii) representatives of veterans service ignation shall not relieve the chief elected described in section 134(c)(2) through a one- organizations.’’; official or the Governor of the liability for stop delivery system described in section 121 (B) in paragraph (4)— any misuse of grant funds as described in or be designated or certified as a one-stop op- (i) by striking ‘‘A majority’’ and inserting erator only with the agreement of the chief 2 clause (i). ‘‘A ⁄3 majority’’; and elected official and the Governor.’’; (ii) by striking ‘‘(2)(A)(i)’’ and inserting ‘‘(iii) DISBURSAL.—The local grant recipient or an entity designated under clause (ii) (6) in subsection (g)(1), by inserting ‘‘or ‘‘(2)(A)’’; and participate in any action taken’’ after (C) in paragraph (5), by striking ‘‘(2)(A)(i)’’ shall disburse the grant funds for workforce investment activities at the direction of the ‘‘vote’’; and and inserting ‘‘(2)(A)’’; (7) by striking subsections (h) and (i). (2) in subsection (c)— local board, pursuant to the requirements of (A) in paragraph (1), by striking subpara- this title. The local grant recipient or entity SEC. 416. LOCAL PLAN. graph (C); and designated under clause (ii) shall disburse Section 118 (29 U.S.C. 2833) is amended— (B) in paragraph (3)(A)(ii), by striking the funds immediately on receiving such di- (1) in subsection (a), by striking ‘‘5-year’’ ‘‘paragraphs (1) through (7)’’ and inserting rection from the local board. and inserting ‘‘3-year’’; ‘‘paragraphs (1) through (8)’’; ‘‘(C) STAFF.—The local board may employ (2) by amending subsection (b) to read as (3) by amending subsection (d) to read as staff to assist in carrying out the functions follows: follows: described in this subsection. ‘‘(b) CONTENTS.—The local plan shall in- ‘‘(d) FUNCTIONS OF LOCAL BOARD.—The ‘‘(D) GRANTS AND DONATIONS.—The local clude— functions of the local board shall include the board may solicit and accept grants and do- ‘‘(1) a description of the analysis of the following: nations from sources other than Federal local area’s economic and workforce condi- ‘‘(1) LOCAL PLAN.—Consistent with section funds made available under this Act. tions conducted under subclauses (I) through 118, each local board, in partnership with the ‘‘(5) SELECTION OF OPERATORS AND PRO- (IV) of section 117(d)(2)(A)(i), and an assur- chief elected official for the local area in- VIDERS.— ance that the local board will use such anal- volved, shall develop and submit a local plan ‘‘(A) SELECTION OF ONE-STOP OPERATORS.— ysis to carry out the activities under this to the Governor. Consistent with section 121(d), the local subtitle; ‘‘(2) WORKFORCE RESEARCH AND REGIONAL board, with the agreement of the chief elect- ‘‘(2) a description of the one-stop delivery LABOR MARKET ANALYSIS.— ed official— system in the local area, including— ‘‘(A) IN GENERAL.—The local board shall— ‘‘(i) shall designate or certify one-stop op- ‘‘(A) a description of how the local board ‘‘(i) conduct, and regularly update, an erators as described in section 121(d)(2)(A); will ensure— analysis of— and ‘‘(i) the continuous improvement of eligi- ‘‘(I) the economic conditions in the local ‘‘(ii) may terminate for cause the eligible providers of services through the system; area; bility of such operators. and ‘‘(II) the immediate and long-term skilled ‘‘(B) IDENTIFICATION OF ELIGIBLE TRAINING ‘‘(ii) that such providers meet the employ- workforce needs of in-demand industries and SERVICE PROVIDERS.—Consistent with this ment needs of local businesses and partici- other occupations important to the local subtitle, the local board shall identify eligi- pants; and economy; ble providers of training services described ‘‘(B) a description of how the local board ‘‘(III) the knowledge and skills of the in section 134(c)(4) in the local area, annually will facilitate access to services described in workforce in the local area; and review the outcomes of such eligible pro- section 117(d)(8) and provided through the ‘‘(IV) workforce development activities (in- viders using the criteria under section one-stop delivery system consistent with cluding education and training) in the local 122(b)(2), and designate such eligible pro- section 117(d)(8); area; and viders in the local area who have dem- ‘‘(3) a description of the strategies and ‘‘(ii) assist the Governor in developing the onstrated the highest level of success with services that will be used in the local area— statewide workforce and labor market infor- respect to such criteria as priority eligible ‘‘(A) to more fully engage employers, in- mation system described in section 15(e) of providers for the program year following the cluding small businesses and employers in the Wagner-Peyser Act (29 U.S.C. 49l–2(e)). review. in-demand industries and occupations impor- ‘‘(B) EXISTING ANALYSIS.—In carrying out ‘‘(C) IDENTIFICATION OF ELIGIBLE PROVIDERS tant to the local economy; requirements of subparagraph (A)(i), a local OF WORK READY SERVICES.—If the one-stop op- ‘‘(B) to meet the needs of employers in the board shall use an existing analysis, if any, erator does not provide the services de- local area; by the local economic development entity or scribed in section 134(c)(2) in the local area, ‘‘(C) to better coordinate workforce devel- related entity. the local board shall identify eligible pro- opment programs with economic develop- ‘‘(3) EMPLOYER ENGAGEMENT.—The local viders of such services in the local area by ment activities; and board shall meet the needs of employers and awarding contracts. ‘‘(D) to better coordinate workforce devel- support economic growth in the local area by ‘‘(6) PROGRAM OVERSIGHT.—The local board, opment programs with employment, train- enhancing communication, coordination, in partnership with the chief elected official, ing, and literacy services carried out by non- and collaboration among employers, eco- shall be responsible for— profit organizations, including public librar- nomic development entities, and service pro- ‘‘(A) ensuring the appropriate use and ies, as appropriate; viders. management of the funds provided for local ‘‘(4) a description of how the local board ‘‘(4) BUDGET AND ADMINISTRATION.— employment and training activities author- will convene (or help to convene) industry or ‘‘(A) BUDGET.— ized under section 134(b); and sector partnerships that lead to collabo- ‘‘(i) IN GENERAL.—The local board shall de- ‘‘(B) conducting oversight of the one-stop rative planning, resource alignment, and velop a budget for the activities of the local delivery system, in the local area, authorized training efforts across multiple firms for a board in the local area, consistent with the under section 121. range of workers employed or potentially requirements of this subsection. ‘‘(7) NEGOTIATION OF LOCAL PERFORMANCE employed by a targeted industry or sector— ‘‘(ii) TRAINING RESERVATION.—In developing MEASURES.—The local board, the chief elect- ‘‘(A) to encourage industry growth and a budget under clause (i), the local board ed official, and the Governor shall negotiate competitiveness and to improve worker

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 8, 2014 CONGRESSIONAL RECORD — SENATE S2261 training, retention, and advancement in the ‘‘(A) training and internships in in-demand (ii) by redesignating clauses (iii) and (iv) as targeted industry or sector; industries or occupations important to the clauses (ii) and (iii), respectively; ‘‘(B) to address the immediate and long- local economy; (iii) by redesignating clauses (vii) through term skilled workforce needs of in-demand ‘‘(B) dropout recovery activities that are (xii) as clauses (iv) through (ix), respec- industries, small businesses, and other occu- designed to lead to the attainment of a reg- tively; pations important to the local economy; and ular secondary school diploma or its recog- (iv) in clause (ii), as so redesignated, by ‘‘(C) to address critical skill gaps within nized equivalent, or other State-recognized striking ‘‘adult education and literacy ac- and across industries and sectors; equivalent (including recognized alternative tivities’’ and inserting ‘‘adult education and ‘‘(5) a description of how the funds reserved standards for individuals with disabilities); family literacy education activities’’ under section 117(d)(4)(A)(ii) will be used to and (v) in clause (viii), as so redesignated, by carry out activities described in section ‘‘(C) activities combining remediation of striking ‘‘and’’ at the end; 134(c)(4); academic skills, work readiness training, (vi) in clause (ix), as so redesignated, by ‘‘(6) a description of how the local board and work experience, and including linkages striking the period and inserting ‘‘; and’’; will coordinate workforce investment activi- to postsecondary education and training and and ties carried out in the local area with state- career-ladder employment; (vii) by adding at the end the following: wide workforce investment activities, as ap- ‘‘(13) a description of— ‘‘(x) subject to subparagraph (C), programs propriate; ‘‘(A) how the local area will furnish em- authorized under part A of title IV of the So- ‘‘(7) a description of how the local area ployment, training, including training in ad- cial Security Act (42 U.S.C. 601 et seq.).’’; will— vanced manufacturing, supportive, and (C) by inserting after paragraph (1)(B) the ‘‘(A) coordinate activities with the local placement services to veterans, including following: area’s disability community, and with tran- disabled and homeless veterans; ‘‘(C) DETERMINATION BY THE GOVERNOR.— sition services (as defined under section 602 ‘‘(B) the strategies and services that will Each entity carrying out a program de- of the Individuals with Disabilities Edu- be used in the local area to assist in and ex- scribed in subparagraph (B)(x) shall be con- cation Act (20 U.S.C. 1401)) provided under pedite reintegration of homeless veterans sidered to be a one-stop partner under this that Act by local educational agencies serv- into the labor force; and title and carry out the required partner ac- ing such local area, to make available com- ‘‘(C) the veteran population to be served in tivities described in subparagraph (A) unless prehensive, high-quality services to individ- the local area; the Governor of the State in which the local uals with disabilities; ‘‘(14) a description of— area is located provides the Secretary and ‘‘(B) consistent with section 188 and Execu- ‘‘(A) the duties assigned to the veteran em- Secretary of Health and Human Services tive Order No. 13217 (42 U.S.C. 12131 note), ployment specialist consistent with the re- written notice of a determination by the serve the employment and training needs of quirements of section 134(f); Governor that such an entity shall not be individuals with disabilities, with a focus on ‘‘(B) the manner in which the veteran em- considered to be such a partner and shall not employment that fosters independence and ployment specialist is integrated into the carry out such required partner activities.’’; integration into the workplace; and one-stop career system described in section and ‘‘(C) consistent with sections 504 and 508 of 121; (D) in paragraph (2)— the Rehabilitation Act of 1973 (29 U.S.C. 794, ‘‘(C) the date on which the veteran employ- (i) in subparagraph (A)(i), by striking ‘‘sec- 794d), include the provision of outreach, in- ment specialist was assigned; and tion 134(d)(2)’’ and inserting ‘‘section take, assessments, and service delivery, the ‘‘(D) whether the veteran employment spe- 134(c)(2)’’; and development of performance measures, the cialist has satisfactorily completed related (ii) in subparagraph (B)— training of staff, and other aspects of acces- training by the National Veterans’ Employ- (I) by striking clauses (i), (ii), and (v); sibility for individuals with disabilities to ment and Training Services Institute; and (II) in clause (iv), by striking ‘‘and’’ at the programs and services under this subtitle; ‘‘(15) such other information as the Gov- end; ‘‘(8) a description of the local levels of per- ernor may require.’’; and (III) by redesignating clauses (iii) and (iv) formance negotiated with the Governor and (3) in subsection (c)— as clauses (i) and (ii), respectively; and chief elected official pursuant to section (A) in paragraph (1), by striking ‘‘such (IV) by adding at the end the following: 136(c), to be— means’’ and inserting ‘‘electronic means and ‘‘(iii) employment and training programs ‘‘(A) used to measure the performance of such means’’; and administered by the Commissioner of the So- the local area; and (B) in paragraph (2), by striking ‘‘, includ- cial Security Administration; ‘‘(B) used by the local board for measuring ing representatives of business and rep- ‘‘(iv) employment and training programs performance of the local fiscal agent (where resentatives of labor organizations,’’. carried out by the Administrator of the appropriate), eligible providers, and the one- SEC. 417. ESTABLISHMENT OF ONE-STOP DELIV- Small Business Administration; stop delivery system, in the local area; ERY SYSTEM. ‘‘(v) employment, training, and literacy ‘‘(9) a description of the process used by Section 121 (29 U.S.C. 2841) is amended— services carried out by public libraries; and the local board, consistent with subsection (1) in subsection (b)— ‘‘(vi) other appropriate Federal, State, or (c), to provide an opportunity for public com- (A) by striking subparagraph (A) of para- local programs, including programs in the ment prior to submission of the plan; graph (1) and inserting the following: private sector.’’; ‘‘(10) a description of how the local area ‘‘(A) ROLES AND RESPONSIBILITIES OF ONE- (2) in subsection (c)(2), by amending sub- will serve the employment and training STOP PARTNERS.—Each entity that carries paragraph (A) to read as follows: needs of dislocated workers (including dis- out a program or activities described in sub- ‘‘(A) provisions describing— placed homemakers), low-income individuals paragraph (B) shall— ‘‘(i) the services to be provided through the (including recipients of public assistance ‘‘(i) provide access through a one-stop de- one-stop delivery system consistent with the such as supplemental nutrition assistance livery system to the program or activities requirements of this section, including the program benefits pursuant to the Food and carried out by the entity, including making manner in which the services will be coordi- Nutrition Act of 2008 (7 U.S.C. 2011 et seq.)), the work ready services described in section nated through such system; long-term unemployed individuals (including 134(c)(2) that are applicable to the program ‘‘(ii) how the costs of such services and the individuals who have exhausted entitlement or activities of the entity available at one- operating costs of such system will be fund- to Federal and State unemployment com- stop centers (in addition to any other appro- ed, through cash and in-kind contributions, pensation), English learners, homeless indi- priate locations); to provide a stable and equitable funding viduals, individuals training for nontradi- ‘‘(ii) use a portion of the funds available to stream for ongoing one-stop system oper- tional employment, youth (including out-of- the program or activities of the entity to ations, including the funding of the costs of school youth and at-risk youth), older work- maintain the one-stop delivery system, in- infrastructure of one-stop centers in accord- ers, ex-offenders, migrant and seasonal farm- cluding payment of the costs of infrastruc- ance with subsection (h); workers, refugees and entrants, veterans (in- ture of one-stop centers in accordance with ‘‘(iii) methods of referral of individuals be- cluding disabled veterans and homeless vet- subsection (h); tween the one-stop operator and the one-stop erans), and Native Americans; ‘‘(iii) enter into a local memorandum of partners for appropriate services and activi- ‘‘(11) an identification of the entity respon- understanding with the local board, relating ties, including referrals for training for non- sible for the disbursal of grant funds de- to the operation of the one-stop delivery sys- traditional employment; and scribed in section 117(d)(4)(B)(iii), as deter- tem, that meets the requirements of sub- ‘‘(iv) the duration of the memorandum of mined by the chief elected official or the section (c); and understanding and the procedures for amend- Governor under such section; ‘‘(iv) participate in the operation of the ing the memorandum during the term of the ‘‘(12) a description of the strategies and one-stop delivery system consistent with the memorandum, and assurances that such services that will be used in the local area to terms of the memorandum of understanding, memorandum shall be reviewed not less than assist at-risk youth and out-of-school youth the requirements of this title, and the re- once every 3-year period to ensure appro- in acquiring the education and skills, cre- quirements of the Federal laws authorizing priate funding and delivery of services under dentials (including recognized postsecondary the program or activities carried out by the the memorandum; and’’; credentials, such as industry-recognized cre- entity.’’; (3) in subsection (d)— dentials), and employment experience to suc- (B) in paragraph (1)(B)— (A) in the heading for paragraph (1), by ceed in the labor market, including— (i) by striking clauses (ii), (v), and (vi); striking ‘‘DESIGNATION AND CERTIFICATION’’

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2262 CONGRESSIONAL RECORD — SENATE April 8, 2014

and inserting ‘‘LOCAL DESIGNATION AND CER- ‘‘(i) meeting the expected levels of per- ‘‘(ii) FEDERAL DIRECT SPENDING PRO- TIFICATION’’; formance for each of the corresponding core GRAMS.— (B) in paragraph (2)— indicators of performance as outlined in the ‘‘(I) IN GENERAL.—A program that provides (i) by striking ‘‘section 134(c)’’ and insert- State plan under section 112; Federal direct spending under section ing ‘‘subsection (e)’’; ‘‘(ii) meeting minimum standards relating 250(c)(8) of the Balanced Budget and Emer- (ii) by amending subparagraph (A) to read to the scope and degree of service integra- gency Deficit Control Act of 1985 (2 U.S.C. as follows: tion achieved by the center, involving the 900(c)(8)) shall not, for purposes of this para- ‘‘(A) shall be designated or certified as a programs provided by the one-stop partners; graph, be required to provide more than the one-stop operator through a competitive and maximum amount determined under sub- process; and’’; and ‘‘(iii) meeting minimum standards relating clause (II). (iii) in subparagraph (B), by striking clause to how the center ensures that eligible pro- ‘‘(II) MAXIMUM AMOUNT.—The maximum (ii) and redesignating clauses (iii) through viders meet the employment needs of local amount for the program is the amount that (vi) as clauses (ii) through (v), respectively; employers and participants. bears the same relationship to the costs re- and ‘‘(C) EFFECT OF CERTIFICATION.—One-stop ferred to in paragraph (2) for the State as the (C) in paragraph (3), by striking ‘‘voca- centers certified under this subsection shall use of the one-stop centers by such program tional’’ and inserting ‘‘career and technical’’; be eligible to receive the infrastructure fund- bears to the use of such centers by all one- (4) by amending subsection (e) to read as ing authorized under subsection (h). stop partner programs in the State. follows: ‘‘(2) LOCAL BOARDS.—Consistent with the ‘‘(2) ALLOCATION BY GOVERNOR.—From the ‘‘(e) ESTABLISHMENT OF ONE-STOP DELIVERY criteria developed by the State, the local funds provided under paragraph (1), the Gov- SYSTEM.— board may develop, for certification referred ernor shall allocate funds to local areas in to in paragraph (1)(A), additional criteria or accordance with the formula established ‘‘(1) IN GENERAL.—There shall be established in a State that receives an allotment higher standards on the criteria referred to under paragraph (3) for the purposes of as- under section 132(b) a one-stop delivery sys- in paragraph (1)(B) to respond to local labor sisting in paying the costs of infrastructure tem, which shall— market and demographic conditions and of one-stop centers certified under sub- ‘‘(A) provide the work ready services de- trends. section (g). ‘‘(h) ONE-STOP INFRASTRUCTURE FUNDING.— ‘‘(3) ALLOCATION FORMULA.—The State scribed in section 134(c)(2); ‘‘(1) PARTNER CONTRIBUTIONS.— board shall develop a formula to be used by ‘‘(B) provide access to training services as ‘‘(A) PROVISION OF FUNDS.—Notwith- the Governor to allocate the funds provided described in paragraph (4) of section 134(c), standing any other provision of law, as de- under paragraph (1) to local areas. The for- including serving as the point of access to termined under subparagraph (B), a portion mula shall include such factors as the State career enhancement accounts for training of the Federal funds provided to the State board determines are appropriate, which services to participants in accordance with and areas within the State under the Federal may include factors such as the number of paragraph (4)(F) of such section; laws authorizing the one-stop partner pro- centers in a local area that have been cer- ‘‘(C) provide access to the activities car- grams described in subsection (b)(1)(B) and tified, the population served by such centers, ried out under section 134(d), if any; participating additional partner programs and the performance of such centers. ‘‘(D) provide access to programs and activi- described in subsection (b)(2)(B), for a fiscal ‘‘(4) COSTS OF INFRASTRUCTURE.—For pur- ties carried out by one-stop partners that are year shall be provided to the Governor by poses of this subsection, the term ‘costs of described in subsection (b); and such partners to carry out this subsection. infrastructure’ means the nonpersonnel costs ‘‘(E) provide access to the data and infor- ‘‘(B) DETERMINATION OF GOVERNOR.— that are necessary for the general operation mation described in subparagraphs (A) and ‘‘(i) IN GENERAL.—Subject to subparagraph of a one-stop center, including the rental (B) of section 15(a)(1) of the Wagner-Peyser (C), the Governor, in consultation with the costs of the facilities involved, and the costs Act (29 U.S.C. 49l–2(a)(1)). State board, shall determine the portion of of utilities and maintenance, and equipment ‘‘(2) ONE-STOP DELIVERY.—At a minimum, funds to be provided under subparagraph (A) (including assistive technology for individ- the one-stop delivery system— by each one-stop partner and in making such uals with disabilities). ‘‘(A) shall make each of the programs, determination shall consider the propor- ‘‘(i) OTHER FUNDS.— services, and activities described in para- tionate use of the one-stop centers in the ‘‘(1) IN GENERAL.—In addition to the funds graph (1) accessible at not less than one State by each such partner, the costs of ad- provided under subsection (h), a portion of physical center in each local area of the ministration for purposes not related to one- funds made available under Federal law au- State; and stop centers for each such partner, and other thorizing the one-stop partner programs de- ‘‘(B) may also make programs, services, relevant factors described in paragraph (3). scribed in subsection (b)(1)(B) and partici- and activities described in paragraph (1) ‘‘(ii) SPECIAL RULE.—In those States where pating additional partner programs de- available— the State constitution places policy-making scribed in subsection (b)(2)(B), or the ‘‘(i) through a network of affiliated sites authority that is independent of the author- noncash resources available under such 2 that can provide one or more of the pro- ity of the Governor in an entity or official types of programs, shall be used to pay the grams, services, and activities to individ- with respect to the funds provided for adult costs relating to the operation of the one- uals; and education and family literacy education ac- stop delivery system that are not paid for ‘‘(ii) through a network of eligible one-stop tivities authorized under title II and for from the funds provided under subsection (h), partners— postsecondary career and technical edu- to the extent not inconsistent with the Fed- ‘‘(I) in which each partner provides one or cation activities authorized under the Carl eral law involved. Such portion shall be used more of the programs, services, and activi- D. Perkins Career and Technical Education to pay for costs including— ties to such individuals and is accessible at Act of 2006 (20 U.S.C. 2301 et seq.), the deter- ‘‘(A) costs of infrastructure (as defined in an affiliated site that consists of a physical mination described in clause (i) with respect subsection (h)) that are in excess of the funds location or an electronically- or techno- to the corresponding 2 programs shall be provided under subsection (h); logically-linked access point; and made by the Governor with the appropriate ‘‘(B) common costs that are in addition to ‘‘(II) that assures individuals that informa- entity or official with such independent pol- the costs of infrastructure (as so defined); tion on the availability of the work ready icy-making authority. and services will be available regardless of where ‘‘(iii) APPEAL BY ONE-STOP PARTNERS.—The ‘‘(C) the costs of the provision of work the individuals initially enter the statewide Governor shall establish a procedure for the ready services applicable to each program. workforce investment system, including in- one-stop partner administering a program ‘‘(2) DETERMINATION AND STANDARDS.—The formation made available through an access described in subsection (b) and subparagraph method for determining the appropriate por- point described in subclause (I). (A) to appeal a determination regarding the tion of funds and noncash resources to be ‘‘(3) SPECIALIZED CENTERS.—The centers portion of funds to be provided under this provided by each program under paragraph and sites described in paragraph (2) may paragraph on the basis that such determina- (1) shall be determined as part of the memo- have a specialization in addressing special tion is inconsistent with the requirements randum of understanding under subsection needs.’’; and described in the State plan for the program (c). The State board shall provide standards (5) by adding at the end the following: or with the requirements of this paragraph. to facilitate the determination of appro- ‘‘(g) CERTIFICATION OF ONE-STOP CEN- Such procedure shall ensure prompt resolu- priate allocation of the funds and noncash TERS.— tion of the appeal. resources to local areas.’’. ‘‘(1) IN GENERAL.— ‘‘(C) LIMITATIONS.— SEC. 418. IDENTIFICATION OF ELIGIBLE PRO- ‘‘(A) IN GENERAL.—The State board shall ‘‘(i) PROVISION FROM ADMINISTRATIVE VIDERS OF TRAINING SERVICES. establish objective procedures and criteria FUNDS.—The funds provided under this para- Section 122 (29 U.S.C. 2842) is amended to for certifying, at least once every 3 years, graph by a one-stop partner shall be provided read as follows: one-stop centers for the purpose of awarding only from funds available for the costs of ad- ‘‘SEC. 122. IDENTIFICATION OF ELIGIBLE PRO- the one-stop infrastructure funding described ministration under the program adminis- VIDERS OF TRAINING SERVICES. in subsection (h). tered by such partner, and shall be subject to ‘‘(a) ELIGIBILITY.— ‘‘(B) CRITERIA.—The criteria for certifi- the limitations with respect to the portion of ‘‘(1) IN GENERAL.—The Governor, after con- cation of a one-stop center under this sub- funds under such program that may be used sultation with the State board, shall estab- section shall include— for administration. lish criteria and procedures regarding the

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 8, 2014 CONGRESSIONAL RECORD — SENATE S2263 eligibility of providers of training services on the criteria every 3 years and renewal of that supplement, but do not supplant, other described in section 134(c)(4) to receive funds eligibility under this section for providers of civil and criminal remedies and penalties. provided under section 133(b) for the provi- training services. ‘‘(f) AGREEMENTS WITH OTHER STATES.—A sion of such training services and be included ‘‘(4) LOCAL CRITERIA.—A local board in the State may enter into an agreement with an- on the list of eligible providers of training State may establish criteria in addition to other State, on a reciprocal basis, to permit services described in subsection (d). the criteria established by the Governor, or eligible providers of training services to ac- ‘‘(2) PROVIDERS.—Subject to the provisions may require higher levels of performance cept career enhancement accounts provided of this section, to be eligible to receive the than required on the criteria established by in the other State. funds and be included on the list, the pro- the Governor, for purposes of determining ‘‘(g) RECOMMENDATIONS.—In developing the vider shall be— the eligibility of providers of training serv- criteria (including requirements for related ‘‘(A) a postsecondary educational institu- ices under this section in the local area in- information) and procedures required under tion that— volved. this section, the Governor shall solicit and take into consideration the recommenda- ‘‘(i) is eligible to receive Federal funds ‘‘(5) LIMITATION.—In carrying out the re- under title IV of the Higher Education Act of quirements of this subsection, no entity may tions of local boards and providers of training services within the State. 1965 (20 U.S.C. 1070 et seq.); and disclose personally identifiable information ‘‘(ii) provides a program that leads to a ‘‘(h) OPPORTUNITY TO SUBMIT COMMENTS.— regarding a student, including a Social Secu- During the development of the criteria and recognized postsecondary credential; rity number, student identification number, ‘‘(B) an entity that carries out programs procedures, and the list of eligible providers or other identifier, without the prior written required under this section, the Governor under the Act of August 16, 1937 (commonly consent of the parent or student in compli- known as the ‘National Apprenticeship Act’; shall provide an opportunity for interested ance with section 444 of the General Edu- members of the public to submit comments 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); cation Provisions Act (20 U.S.C. 1232g). or regarding such criteria, procedures, and list. ‘‘(c) PROCEDURES.—The procedures estab- ‘‘(i) ON-THE-JOB TRAINING OR CUSTOMIZED ‘‘(C) another public or private provider of a lished under subsection (a) shall— TRAINING EXCEPTION.— program of training services. ‘‘(1) identify— ‘‘(1) IN GENERAL.—Providers of on-the-job ‘‘(3) INCLUSION IN LIST OF ELIGIBLE PRO- ‘‘(A) the application process for a provider training or customized training shall not be VIDERS.—A provider described in subpara- of training services to become eligible under graph (A) or (C) of paragraph (2) shall comply subject to the requirements of subsections this section; and (a) through (d). with the criteria and procedures established ‘‘(B) the respective roles of the State and under this subsection to be eligible to re- ‘‘(2) COLLECTION AND DISSEMINATION OF IN- local areas in receiving and reviewing appli- ceive the funds and be included on the list. A FORMATION.—A one-stop operator in a local cations and in making determinations of eli- provider described in paragraph (2)(B) shall area shall collect such performance informa- gibility based on the criteria established be eligible to receive the funds and be in- tion from on-the-job training and customized under this section; and cluded on the list with respect to programs training providers as the Governor may re- ‘‘(2) establish a process, for a provider of described in paragraph (2)(B) for so long as quire, determine whether the providers meet training services to appeal a denial or termi- the provider remains certified by the Sec- such performance criteria as the Governor nation of eligibility under this section, that retary of Labor to carry out the programs. may require, and disseminate information includes an opportunity for a hearing and ‘‘(b) CRITERIA.— identifying providers that meet the criteria ‘‘(1) IN GENERAL.—The criteria established prescribes appropriate time limits to ensure as eligible providers, and the performance in- by the Governor pursuant to subsection (a) prompt resolution of the appeal. formation, through the one-stop delivery shall take into account— ‘‘(d) INFORMATION TO ASSIST PARTICIPANTS system. Providers determined to meet the ‘‘(A) the performance of providers of train- IN CHOOSING PROVIDERS.—In order to facili- criteria shall be considered to be identified ing services with respect to the performance tate and assist participants under chapter 5 as eligible under this section, to be providers measures described in section 136, measures in choosing providers of training services, of the training services involved.’’. for other matters for which information is the Governor shall ensure that an appro- SEC. 419. GENERAL AUTHORIZATION. required under paragraph (2), and other ap- priate list of providers determined eligible Chapter 5 of subtitle B of title I is amend- propriate measures of performance outcomes under this section in the State, including ined— for those participants receiving training formation provided under subsection (b)(2) (1) by striking the heading for chapter 5 services under this subtitle; with respect to such providers, is provided to and inserting the following: ‘‘EMPLOYMENT ‘‘(B) whether the training programs of such the local boards in the State and is made AND TRAINING ACTIVITIES’’; and providers relate to in-demand industries or available to such participants and to mem- (2) in section 131 (29 U.S.C. 2861)— occupations important to the local economy; bers of the public through the one-stop deliv- (A) by striking ‘‘paragraphs (1)(B) and ‘‘(C) the need to ensure access to training ery system in the State. (2)(B) of’’; and services throughout the State, including in ‘‘(e) ENFORCEMENT.— (B) by striking ‘‘adults, and dislocated rural areas; ‘‘(1) IN GENERAL.—The procedures estab- workers,’’ and inserting ‘‘individuals’’. ‘‘(D) the ability of the providers to offer lished under this section shall provide the SEC. 420. STATE ALLOTMENTS. programs that lead to a recognized postsec- following: Section 132 (29 U.S.C. 2862) is amended— ondary credential, and the quality of such ‘‘(A) INTENTIONALLY SUPPLYING INACCURATE (1) by amending subsection (a) to read as programs; INFORMATION.—Upon a determination, by an follows: ‘‘(E) the performance of the providers as individual or entity specified in the proce- ‘‘(a) IN GENERAL.—The Secretary shall— reflected in the information such providers dures, that a provider of training services, or ‘‘(1) reserve 1⁄2 of 1 percent of the total are required to report to State agencies with individual providing information on behalf of amount appropriated under section 137 for a respect to other Federal and State programs the provider, intentionally supplied inac- fiscal year, of which— (other than the program carried out under curate information under this section, the ‘‘(A) 50 percent shall be used to provide this subtitle), including one-stop partner eligibility of such provider under this sec- technical assistance under section 170; and programs; and tion shall be terminated for a period of time ‘‘(B) 50 percent shall be used for evalua- ‘‘(F) such other factors as the Governor de- that is not less than 2 years. tions under section 172; termines are appropriate. ‘‘(B) SUBSTANTIAL VIOLATIONS.—Upon a de- ‘‘(2) reserve 1 percent of the total amount ‘‘(2) INFORMATION.—The criteria estab- termination, by an individual or entity spec- appropriated under section 137 for a fiscal lished by the Governor shall require that a ified in the procedures, that a provider of year to make grants to, and enter into con- provider of training services submit appro- training services substantially violated any tracts or cooperative agreements with Indian priate, accurate, and timely information to requirement under this title, the eligibility tribes, tribal organizations, Alaska Native the State for purposes of carrying out sub- of such provider under this section shall be entities, Indian-controlled organizations section (d), with respect to participants re- terminated for a period of time that is not serving Indians, or Native Hawaiian organi- ceiving training services under this subtitle less than 10 years. zations to carry out employment and train- in the applicable program, including— ‘‘(C) REPAYMENT.—A provider of training ing activities; ‘‘(A) information on recognized postsec- services whose eligibility is terminated ‘‘(3) reserve not more than 25 percent of ondary credentials received by such partici- under subparagraph (A) or (B) shall be liable the total amount appropriated under section pants; for the repayment of funds received under 137 for a fiscal year to carry out the Jobs ‘‘(B) information on costs of attendance for chapter 5 during a period of noncompliance Corps program under subtitle C; such participants; described in such subparagraph. For purposes ‘‘(4) reserve not more than 3.5 percent of ‘‘(C) information on the program comple- of subparagraph (A), that period shall be con- the total amount appropriated under section tion rate for such participants; and sidered to be the period beginning on the 137 for a fiscal year to— ‘‘(D) information on the performance of the date on which the inaccurate information de- ‘‘(A) make grants to State boards or local provider with respect to the performance scribed in subparagraph (A) was supplied, boards to provide employment and training measures described in section 136 for such and ending on the date of the termination assistance to workers affected by major eco- participants. described in subparagraph (A). nomic dislocations, such as plant closures, ‘‘(3) RENEWAL.—The criteria established by ‘‘(2) CONSTRUCTION.—Paragraph (1) shall be mass layoffs, or closures and realignments of the Governor shall also provide for a review construed to provide remedies and penalties military installations; and

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2264 CONGRESSIONAL RECORD — SENATE April 8, 2014 ‘‘(B) provide assistance to Governors of fiscal year preceding the fiscal year in- (2) by amending subsection (b) to read as States with an area that has suffered an volved. follows: emergency or a major disaster (as such ‘‘(D) SMALL STATE MINIMUM ALLOTMENT.— ‘‘(b) WITHIN STATE ALLOCATION.— terms are defined in paragraphs (1) and (2), Subject to subparagraph (C), the Secretary ‘‘(1) METHODS.—The Governor, acting in ac- respectively, of section 102 of the Robert T. shall ensure that no State shall receive an cordance with the State plan, and after con- Stafford Disaster Relief and Emergency As- allotment under this paragraph for a fiscal sulting with chief elected officials in the sistance Act (42 U.S.C. 5122)) to provide dis- year that is less than 1⁄5 of 1 percent of the local areas in the State, shall— aster relief employment in the area; and remainder described in subparagraph (A) for ‘‘(A) allocate the funds that are allotted to ‘‘(5) from the remaining amount appro- the fiscal year. the State under section 132(b)(2) and not re- priated under section 137 for a fiscal year ‘‘(E) DEFINITIONS.—For the purpose of the served under subsection (a), in accordance (after reserving funds under paragraphs (1) formula specified in this paragraph: with paragraph (2)(A); and through (4)), make allotments in accordance ‘‘(i) ALLOTMENT PERCENTAGE.—The term ‘‘(B) award the funds that are reserved by with subsection (b) of this section.’’; and ‘allotment percentage’— the State under subsection (a)(3) through (2) by amending subsection (b) to read as ‘‘(I) used with respect to fiscal year 2013, competitive grants to eligible entities, in ac- follows: means the percentage of the amounts allot- cordance with section 134(a)(1)(C). ‘‘(b) WORKFORCE INVESTMENT FUND.— ted to States under title I of this Act, title ‘‘(2) FORMULA ALLOCATIONS FOR THE WORK- ‘‘(1) RESERVATION FOR OUTLYING AREAS.— V of the Older Americans Act of 1965 (42 FORCE INVESTMENT FUND.— ‘‘(A) IN GENERAL.—From the amount made U.S.C. 3056 et seq.), the Women in Appren- ‘‘(A) ALLOCATION.—In allocating the funds available under subsection (a)(5) for a fiscal ticeship and Nontraditional Occupations Act described in paragraph (1)(A) to local areas, year, the Secretary shall reserve not more (29 U.S.C. 2501 et seq.), sections 4103A and a State shall allocate— than 1⁄4 of 1 percent to provide assistance to 4104 of title 38, United States Code, and sec- ‘‘(i) 25 percent on the basis described in the outlying areas. tions 1 through 14 of the Wagner-Peyser Act section 132(b)(2)(B)(i); ‘‘(B) RESTRICTION.—The Republic of Palau (29 U.S.C. 49 et seq.), as such provisions were ‘‘(ii) 25 percent on the basis described in shall cease to be eligible to receive funding in effect for fiscal year 2013, that is received section 132(b)(2)(B)(ii); under this paragraph upon entering into an under such provisions by the State involved ‘‘(iii) 25 percent on the basis described in agreement for extension of United States for fiscal year 2013; and section 132(b)(2)(B)(iii); and educational assistance under the Compact of ‘‘(II) used with respect to fiscal year 2017 or ‘‘(iv) 25 percent on the basis described in Free Association (approved by the Compact a succeeding fiscal year, means the percent- section 132(b)(2)(B)(iv), of Free Association Amendments Act of 2003 age of the amounts allotted to States under except that a reference in a section specified (Public Law 108–188) after the date of enact- this paragraph for the fiscal year, that is re- in any of clauses (i) through (iv) to ‘each ment of the SKILLS Act. ceived under this paragraph by the State in- State’ shall be considered to refer to each ‘‘(2) STATES.— volved for the fiscal year. local area, and to ‘all States’ shall be consid- ‘‘(A) IN GENERAL.—After determining the ‘‘(ii) AREA OF SUBSTANTIAL UNEMPLOY- ered to refer to all local areas. amount to be reserved under paragraph (1), MENT.—The term ‘area of substantial unem- ‘‘(B) MINIMUM AND MAXIMUM PERCENT- the Secretary shall allot the remainder of ployment’ means any area that is of suffi- AGES.— the amount referred to in subsection (a)(5) cient size and scope to sustain a program of ‘‘(i) MINIMUM PERCENTAGE.—The State for a fiscal year to the States pursuant to workforce investment activities carried out shall ensure that no local area shall receive subparagraph (B) for employment and train- under this subtitle and that has an average an allocation under this paragraph for— ing activities and statewide workforce in- rate of unemployment of at least 7 percent ‘‘(I) each of fiscal years 2015 through 2017, vestment activities. for the most recent 12 months, as determined that is less than 100 percent of the allocation ‘‘(B) FORMULA.—Subject to subparagraphs by the Secretary. For purposes of this percentage of the local area for fiscal year (C) and (D), of the remainder— clause, determinations of areas of substan- 2013; and ‘‘(i) 25 percent shall be allotted on the tial unemployment shall be made once each ‘‘(II) fiscal year 2018 and each succeeding basis of the relative number of unemployed fiscal year. fiscal year, that is less than 90 percent of the individuals in areas of substantial unemploy- ‘‘(iii) DISADVANTAGED YOUTH.—The term allocation percentage of the local area for ment in each State, compared to the total ‘disadvantaged youth’ means an individual the fiscal year preceding the fiscal year in- number of unemployed individuals in areas who is not less than age 16 and not more volved. of substantial unemployment in all States; than age 24 who receives an income, or is a ‘‘(ii) MAXIMUM PERCENTAGE.—Subject to ‘‘(ii) 25 percent shall be allotted on the member of a family that receives a total clause (i), the State shall ensure that no basis of the relative number of individuals in family income, that in relation to family local area shall receive an allocation for a the civilian labor force in each State, com- size, does not exceed the higher of— fiscal year under this paragraph for— pared to the total number of such individuals ‘‘(I) the poverty line; or ‘‘(I) each of fiscal years 2015 through 2017, in all States; ‘‘(II) 70 percent of the lower living standard that is more than 130 percent of the alloca- ‘‘(iii) 25 percent shall be allotted on the income level. tion percentage of the local area for fiscal basis of the relative number of individuals in ‘‘(iv) INDIVIDUAL.—The term ‘individual’ year 2013; and each State who have been unemployed for 15 means an individual who is age 16 or older.’’. ‘‘(II) fiscal year 2018 and each succeeding weeks or more, compared to the total num- SEC. 421. WITHIN STATE ALLOCATIONS. fiscal year, that is more than 130 percentage ber of individuals in all States who have Section 133 (29 U.S.C. 2863) is amended— of the allocation percentage of the local area been unemployed for 15 weeks or more; and (1) by amending subsection (a) to read as for the fiscal year preceding the fiscal year ‘‘(iv) 25 percent shall be allotted on the follows: involved. basis of the relative number of disadvan- ‘‘(a) RESERVATIONS FOR STATEWIDE WORK- ‘‘(C) DEFINITIONS.—For the purpose of the taged youth in each State, compared to the FORCE INVESTMENT ACTIVITIES.— formula specified in this paragraph, the term total number of disadvantaged youth in all ‘‘(1) STATEWIDE EMPLOYMENT AND TRAINING ‘allocation percentage’— States. ACTIVITIES.—The Governor of a State shall ‘‘(i) used with respect to fiscal year 2013, ‘‘(C) MINIMUM AND MAXIMUM PERCENT- reserve not more than 15 percent of the total means the percentage of the amounts allo- AGES.— amount allotted to the State under section cated to local areas under title I of this Act, ‘‘(i) MINIMUM PERCENTAGE.—The Secretary 132(b)(2) for a fiscal year to carry out the title V of the Older Americans Act of 1965 (42 shall ensure that no State shall receive an statewide activities described in section U.S.C. 3056 et seq.), the Women in Appren- allotment under this paragraph for— 134(a). ticeship and Nontraditional Occupations Act ‘‘(I) each of fiscal years 2015 through 2017, ‘‘(2) STATEWIDE RAPID RESPONSE ACTIVITIES (29 U.S.C. 2501 et seq.), sections 4103A and that is less than 100 percent of the allotment AND ADDITIONAL ASSISTANCE.—Of the amount 4104 of title 38, United States Code, and sec- percentage of the State for fiscal year 2013; reserved under paragraph (1) for a fiscal tions 1 through 14 of the Wagner-Peyser Act and year, the Governor of the State shall reserve (29 U.S.C. 49 et seq.), as such provisions were ‘‘(II) fiscal year 2018 and each succeeding not more than 25 percent for statewide rapid in effect for fiscal year 2013, that is received fiscal year, that is less than 90 percent of the response activities and additional assistance under such provisions by the local area in- allotment percentage of the State for the fis- described in section 134(a)(4). volved for fiscal year 2013; and cal year preceding the fiscal year involved. ‘‘(3) STATEWIDE GRANTS FOR INDIVIDUALS ‘‘(ii) used with respect to fiscal year 2017 or ‘‘(ii) MAXIMUM PERCENTAGE.—Subject to WITH BARRIERS TO EMPLOYMENT.—Of the a succeeding fiscal year, means the percent- clause (i), the Secretary shall ensure that no amount reserved under paragraph (1) for a age of the amounts allocated to local areas State shall receive an allotment under this fiscal year, the Governor of the State shall under this paragraph for the fiscal year, that paragraph for— reserve 15 percent to carry out statewide ac- is received under this paragraph by the local ‘‘(I) each of fiscal years 2015 through 2017, tivities described in section 134(a)(5). area involved for the fiscal year.’’; that is more than 130 percent of the allot- ‘‘(4) STATE ADMINISTRATIVE COST LIMIT.— (3) in subsection (c)— ment percentage of the State for fiscal year Not more than 5 percent of the funds re- (A) by amending paragraph (1) to read as 2013; and served under paragraph (1) may be used by follows: ‘‘(II) fiscal year 2018 and each succeeding the Governor of the State for administrative ‘‘(1) IN GENERAL.—The Governor may, in fiscal year, that is more than 130 percent of costs of carrying out the statewide activities accordance with this subsection, reallocate the allotment percentage of the State for the described in section 134(a).’’; to eligible local areas within the State

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 8, 2014 CONGRESSIONAL RECORD — SENATE S2265 amounts that are allocated under subsection ‘‘(D) conducting evaluations under section junction with the local boards and the chief (b) for employment and training activities 136(e) of activities authorized under this elected officials in the local areas. and that are available for reallocation.’’; chapter in coordination with evaluations ‘‘(5) STATEWIDE GRANTS FOR INDIVIDUALS (B) in paragraph (2), by striking ‘‘para- carried out by the Secretary under section WITH BARRIERS TO EMPLOYMENT.— graph (2)(A) or (3) of subsection (b) for such 172; ‘‘(A) IN GENERAL.—Of the funds reserved as activities’’ and inserting ‘‘subsection (b) for ‘‘(E) providing technical assistance to local described in section 133(a)(3), the Governor of such activities’’; areas that fail to meet local performance a State— (C) by amending paragraph (3) to read as measures; ‘‘(i) may reserve up to 5 percent to provide follows: ‘‘(F) operating a fiscal and management technical assistance for, and conduct evalua- ‘‘(3) REALLOCATIONS.—In making realloca- accountability system under section 136(f); tions as described in section 136(e) of, the tions to eligible local areas of amounts and programs carried out under this paragraph; available pursuant to paragraph (2) for a pro- ‘‘(G) carrying out monitoring and over- and gram year, the Governor shall allocate to sight of activities carried out under this ‘‘(ii) using the remainder, shall award each eligible local area within the State an chapter. grants on a competitive basis to eligible en- amount based on the relative amount allo- ‘‘(3) ALLOWABLE STATEWIDE EMPLOYMENT tities (that meet specific performance out- cated to such local area under subsection AND TRAINING ACTIVITIES.—A State may use comes and criteria established by the Gov- (b)(2) for such activities for such prior pro- funds referred to in paragraph (1)(A) to carry ernor) described in subparagraph (B) to carry gram year, as compared to the total amount out statewide employment and training ac- out employment and training programs au- allocated to all eligible local areas in the tivities which may include— thorized under this paragraph for individuals State under subsection (b)(2) for such activi- ‘‘(A) implementing innovative programs with barriers to employment. ties for such prior program year.’’; and and strategies designed to meet the needs of ‘‘(B) ELIGIBLE ENTITY DEFINED.—For pur- (D) in paragraph (4), by striking ‘‘para- all employers in the State, including small poses of this paragraph, the term ‘eligible graph (2)(A) or (3) of’’; and employers, which may include incumbent entity’ means an entity that— (4) by adding at the end the following new worker training programs, sectoral and in- ‘‘(i) is a— subsection: dustry cluster strategies and partnership ini- ‘‘(I) local board or a consortium of local ‘‘(d) LOCAL ADMINISTRATIVE COST LIMIT.— tiatives, career ladder programs, micro-en- boards; Of the amount allocated to a local area terprise and entrepreneurial training and ‘‘(II) nonprofit entity, for-profit entity, or under this section for a fiscal year, not more support programs, utilization of effective a consortium of nonprofit or for-profit enti- than 10 percent of the amount may be used business intermediaries, activities to im- ties; or by the local board involved for the adminis- prove linkages between the one-stop delivery ‘‘(III) consortium of the entities described trative costs of carrying out local workforce system in the State and all employers (in- in subclauses (I) and (II); investment activities in the local area under cluding small employers) in the State, and ‘‘(ii) has a demonstrated record of placing this chapter.’’. other business services and strategies that individuals into unsubsidized employment SEC. 422. USE OF FUNDS FOR EMPLOYMENT AND better engage employers in workforce invest- and serving hard-to-serve individuals; and TRAINING ACTIVITIES. ment activities and make the workforce in- ‘‘(iii) agrees to be reimbursed primarily on Section 134 (29 U.S.C. 2864) is amended— vestment system more relevant to the needs the basis of meeting specified performance (1) by amending subsection (a) to read as of State and local businesses, consistent outcomes and criteria established by the follows: with the objectives of this title; Governor. ‘‘(a) STATEWIDE EMPLOYMENT AND TRAINING ‘‘(B) providing incentive grants to local ‘‘(C) GRANT PERIOD.— ACTIVITIES.— areas— ‘‘(i) IN GENERAL.—A grant under this para- ‘‘(1) IN GENERAL.— ‘‘(i) for regional cooperation among local graph shall be awarded for a period of 1 year. ‘‘(A) DISTRIBUTION OF STATEWIDE ACTIVI- boards (including local boards in a des- ‘‘(ii) GRANT RENEWAL.—A Governor of a TIES.—Funds reserved by a Governor for a ignated region as described in section 116(c)); State may renew, for up to 4 additional 1- State as described in section 133(a)(1) and not ‘‘(ii) for local coordination of activities year periods, a grant awarded under this reserved under paragraph (2) or (3) of section carried out under this Act; and paragraph. 133(a)— ‘‘(iii) for exemplary performance by local ‘‘(D) ELIGIBLE PARTICIPANTS.—To be eligi- ‘‘(i) shall be used to carry out the state- areas on the local performance measures; ble to participate in activities under this wide employment and training activities de- ‘‘(C) developing strategies for effectively paragraph, an individual shall be a low-in- scribed in paragraph (2); and integrating programs and services among come individual age 16 or older. ‘‘(ii) may be used to carry out any of the one-stop partners; ‘‘(E) USE OF FUNDS.—An eligible entity re- statewide employment and training activi- ‘‘(D) carrying out activities to facilitate ceiving a grant under this paragraph shall ties described in paragraph (3). remote access to services provided through a use the grant funds for programs of activi- ‘‘(B) STATEWIDE RAPID RESPONSE ACTIVITIES one-stop delivery system, including facilities that are designed to assist eligible par- AND ADDITIONAL ASSISTANCE.—Funds reserved tating access through the use of technology; ticipants in obtaining employment and ac- by a Governor for a State as described in sec- ‘‘(E) incorporating pay-for-performance quiring the education and skills necessary to tion 133(a)(2) shall be used to provide the contract strategies as an element in funding succeed in the labor market. To be eligible statewide rapid response activities and addi- activities under this section and providing to receive a grant under this paragraph for tional assistance described in paragraph (4). technical support to local areas and eligible an employment and training program, an eli- ‘‘(C) STATEWIDE GRANTS FOR INDIVIDUALS providers in order to carry out such a strat- gible entity shall submit an application to a WITH BARRIERS TO EMPLOYMENT.—Funds re- egy, which may involve providing assistance State at such time, in such manner, and con- served by a Governor for a State as described with data collection and data entry require- taining such information as the State may in section 133(a)(3) shall be used to award ments; require, including— statewide grants for individuals with bar- ‘‘(F) carrying out the State option under ‘‘(i) a description of how the strategies and riers to employment on a competitive basis, subsection (f)(8); and activities of the program will be aligned and carry out other activities, as described ‘‘(G) carrying out other activities author- with the State plan submitted under section in paragraph (5). ized under this section that the State deter- 112 and the local plan submitted under sec- ‘‘(2) REQUIRED STATEWIDE EMPLOYMENT AND mines to be necessary to assist local areas in tion 118, with respect to the area of the State TRAINING ACTIVITIES.—A State shall use funds carrying out activities described in sub- that will be the focus of the program under referred to in paragraph (1)(A) to carry out section (c) or (d) through the statewide this paragraph; statewide employment and training activi- workforce investment system. ‘‘(ii) a description of the educational and ties, which shall include— ‘‘(4) STATEWIDE RAPID RESPONSE ACTIVITIES skills training programs and activities the ‘‘(A) disseminating the State list of eligi- AND ADDITIONAL ASSISTANCE.—A State shall eligible entity will provide to eligible par- ble providers of training services described use funds reserved as described in section ticipants under this paragraph; in section 122(d), information identifying eli- 133(a)(2)— ‘‘(iii) how the eligible entity will collabo- gible providers of on-the-job training and ‘‘(A) to carry out statewide rapid response rate with State and local workforce invest- customized training described in section activities, which shall include provision of ment systems established under this title in 122(i), and performance information and pro- rapid response activities, carried out in local the provision of such programs and activi- gram cost information described in section areas by the State or by an entity designated ties; 122(b)(2); by the State, working in conjunction with ‘‘(iv) a description of the programs of dem- ‘‘(B) supporting the provision of work the local boards and the chief elected offi- onstrated effectiveness on which the provi- ready services described in subsection (c)(2) cials in the local areas; and sion of such educational and skills training in the one-stop delivery system; ‘‘(B) to provide additional assistance to programs and activities are based, and a de- ‘‘(C) implementing strategies and services local areas that experience disasters, mass scription of how such programs and activi- that will be used in the State to assist at- layoffs, or plant closings, or other events ties will improve education and skills train- risk youth and out-of-school youth in acquir- that precipitate substantial increases in the ing for eligible participants; ing the education and skills, recognized post- number of unemployed individuals, carried ‘‘(v) a description of the populations to be secondary credentials, and employment ex- out in local areas by the State or by an enti- served and the skill needs of those popu- perience to succeed in the labor market; ty designated by the State, working in con- lations, and the manner in which eligible

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participants will be recruited and selected as sion of information and referral to special- ‘‘(A) IN GENERAL.—Funds described in para- participants; ized business services not traditionally of- graph (1)(C) shall be used to provide training ‘‘(vi) a description of the private, public, fered through the one-stop delivery system; services to individuals who— local, and State resources that will be lever- and ‘‘(i) after an interview, evaluation, or as- aged, with the grant funds provided, for the ‘‘(iii) reemployment services provided to sessment, and case management, have been program under this paragraph, and how the unemployment claimants, including claim- determined by a one-stop operator or one- entity will ensure the sustainability of such ants identified as in need of such services stop partner, as appropriate, to— program after grant funds are no longer under the worker profiling system estab- ‘‘(I) be in need of training services to ob- available; lished under section 303(j) of the Social Secu- tain or retain employment; and ‘‘(vii) a description of the extent of the in- rity Act (42 U.S.C. 503(j));’’; ‘‘(II) have the skills and qualifications to volvement of employers in such program; (vii) in subparagraph (F), as so redesig- successfully participate in the selected pro- ‘‘(viii) a description of the levels of per- nated, by striking ‘‘employment statistics’’ gram of training services; formance the eligible entity expects to ‘‘(ii) select programs of training services and inserting ‘‘workforce and labor market’’; achieve with respect to the indicators of per- that are directly linked to the employment (viii) in subparagraph (G), as so redesig- formance for all individuals specified in sec- opportunities in the local area involved or in nated, by striking ‘‘and eligible providers of tion 136(b)(2); another area in which the individual receiv- ‘‘(ix) a detailed budget and a description of youth activities described in section 123,’’; ing such services are willing to commute or the system of fiscal controls, and auditing (ix) in subparagraph (H), as so redesig- relocate; and and accountability procedures, that will be nated, by inserting ‘‘under section 136’’ after ‘‘(iii) who meet the requirements of sub- used to ensure fiscal soundness for the pro- ‘‘local performance measures’’; paragraph (B).’’; gram provided under this paragraph; and (x) in subparagraph (J), as so redesignated, (ii) in subparagraph (B)(i), by striking ‘‘Ex- ‘‘(x) any other criteria the Governor may by inserting ‘‘and information regarding the cept’’ and inserting ‘‘Notwithstanding sec- require.’’; administration of the work test for the un- tion 479B of the Higher Education Act of 1965 (2) by amending subsection (b) to read as employment compensation system’’ after (20 U.S.C. 1087uu) and except’’; follows: ‘‘compensation’’; (iii) by amending subparagraph (D) to read ‘‘(b) LOCAL EMPLOYMENT AND TRAINING AC- (xi) by amending subparagraph (K), as so as follows: TIVITIES.—Funds allocated to a local area redesignated, to read as follows: ‘‘(D) TRAINING SERVICES.—Training services under section 133(b)— ‘‘(K) assistance in establishing eligibility authorized under this paragraph may in- ‘‘(1) shall be used to carry out employment for programs of financial aid assistance for clude— and training activities described in sub- education and training programs that are ‘‘(i) occupational skills training; section (c); and not funded under this Act and are available ‘‘(ii) on-the-job training; ‘‘(2) may be used to carry out employment in the local area;’’; and ‘‘(iii) skill upgrading and retraining; and training activities described in sub- (xii) by inserting the following new sub- ‘‘(iv) entrepreneurial training; section (d).’’; paragraphs after subparagraph (K), as so re- ‘‘(v) education activities leading to a reg- (3) by striking subsection (c); designated: ular secondary school diploma or its recog- (4) by redesignating subsections (d) and (e), ‘‘(L) the provision of information from offi- nized equivalent in combination with, con- as subsections (c) and (d), respectively; cial publications of the Internal Revenue currently or subsequently, occupational (5) in subsection (c) (as so redesignated)— Service regarding Federal tax credits, avail- skills training; (A) by amending paragraph (1) to read as able to participants in employment and ‘‘(vi) adult education and family literacy follows: training activities, and relating to edu- education activities provided in conjunction ‘‘(1) IN GENERAL.—Funds allocated to a cation, job training, and employment; with other training services authorized local area under section 133(b) shall be used— ‘‘(M) comprehensive and specialized assess- under this subparagraph; ‘‘(A) to establish a one-stop delivery sys- ments of the skill levels and service needs of ‘‘(vii) workplace training combined with tem as described in section 121(e); workers, which may include— related instruction; ‘‘(B) to provide the work ready services de- ‘‘(i) diagnostic testing and use of other as- ‘‘(viii) occupational skills training that in- scribed in paragraph (2) through the one-stop sessment tools; and corporates English language acquisition; delivery system in accordance with such ‘‘(ii) in-depth interviewing and evaluation ‘‘(ix) customized training conducted with a paragraph; and to identify employment barriers and appro- commitment by an employer or group of em- ‘‘(C) to provide training services described priate employment goals; ployers to employ an individual upon suc- in paragraph (4) in accordance with such ‘‘(N) development of an individual employ- cessful completion of the training; and paragraph.’’; ment plan, to identify the employment ‘‘(x) training programs operated by the pri- (B) in paragraph (2)— vate sector.’’; goals, appropriate achievement objectives, (i) in the heading, by striking ‘‘CORE SERV- (iv) by striking subparagraph (E) and re- and appropriate combination of services for ICES’’ and inserting ‘‘WORK READY SERVICES’’; designating subparagraphs (F) and (G) as the participant; (ii) in the matter preceding subparagraph subparagraphs (E) and (F), respectively; ‘‘(O) group counseling; (A)— (v) in subparagraph (E) (as so redesig- ‘‘(P) individual counseling and career plan- (I) by striking ‘‘(1)(A)’’ and inserting ‘‘(1)’’; nated)— (II) by striking ‘‘core services’’ and insert- ning; (I) in clause (ii)— ing ‘‘work ready services’’; and ‘‘(Q) case management; (aa) in the matter preceding subclause (I), (III) by striking ‘‘who are adults or dis- ‘‘(R) short-term pre-career services, includ- by striking ‘‘subsection (c)’’ and inserting located workers’’; ing development of learning skills, commu- ‘‘section 121’’; (iii) by redesignating subparagraph (K) as nications skills, interviewing skills, punc- (bb) in subclause (I), by striking ‘‘section subparagraph (V); tuality, personal maintenance skills, and 122(e)’’ and inserting ‘‘section 122(d)’’ and by (iv) by redesignating subparagraphs (B) professional conduct, to prepare individuals striking ‘‘section 122(h)’’ and inserting ‘‘sec- through (J) as subparagraphs (C) through for unsubsidized employment or training; tion 122(i)’’; and (K), respectively; ‘‘(S) internships and work experience; (cc) in subclause (II), by striking ‘‘sub- (v) by inserting after subparagraph (A) the ‘‘(T) literacy activities relating to basic sections (e) and (h)’’ and inserting ‘‘sub- following: work readiness, information and commu- sections (d) and (i)’’; and ‘‘(B) assistance in obtaining eligibility de- nication technology literacy activities, and (II) by striking clause (iii) and inserting terminations under the other one-stop part- financial literacy activities, if the activities the following: ner programs through activities, where ap- involved are not available to participants in ‘‘(iii) CAREER ENHANCEMENT ACCOUNTS.—An propriate and consistent with the author- the local area under programs administered individual who seeks training services and izing statute of the one-stop partner pro- under the Adult Education and Family Lit- who is eligible pursuant to subparagraph (A), gram involved, such as assisting in— eracy Act (20 U.S.C. 9201 et seq.); may, in consultation with a case manager, ‘‘(i) the submission of applications; ‘‘(U) out-of-area job search assistance and select an eligible provider of training serv- ‘‘(ii) the provision of information on the relocation assistance; and’’; ices from the list or identifying information results of such applications; and (C) by amending paragraph (3) to read as for providers described in clause (ii)(I). Upon ‘‘(iii) the provision of intake services and follows: such selection, the one-stop operator in- information;’’; ‘‘(3) DELIVERY OF SERVICES.—The work volved shall, to the extent practicable, refer (vi) by amending subparagraph (E), as so ready services described in paragraph (2) such individual to the eligible provider of redesignated, to read as follows: shall be provided through the one-stop deliv- training services, and arrange for payment ‘‘(E) labor exchange services, including— ery system and may be provided through for such services through a career enhance- ‘‘(i) job search and placement assistance, contracts with public, private for-profit, and ment account. and where appropriate, career counseling; private nonprofit service providers, approved ‘‘(iv) COORDINATION.—Each local board ‘‘(ii) appropriate recruitment services for by the local board.’’; and may, through one-stop centers, coordinate employers, including small employers, in the (D) in paragraph (4)— career enhancement accounts with other local area, which may include services de- (i) by amending subparagraph (A) to read Federal, State, local, or private job training scribed in this subsection, including provi- as follows: programs or sources to assist the individual

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 8, 2014 CONGRESSIONAL RECORD — SENATE S2267 in obtaining training services from (notwith- determined by the local board, consistent ‘‘(E) If no veteran or member described in standing any provision of this title) eligible with the local plan under section 118.’’; subparagraph (A), (B), or (C) is available and providers for those programs and sources. (B) by striking paragraphs (2) and (3); and no spouse described in paragraph (D) is avail- ‘‘(v) ASSISTANCE.—Each local board may, (C) by adding at the end the following: able, to any other individuals with expertise through one-stop centers, assist individuals ‘‘(2) INCUMBENT WORKER TRAINING PRO- in serving veterans. receiving career enhancement accounts in GRAMS.— ‘‘(4) ADMINISTRATION AND REPORTING.— obtaining funds (in addition to the funds pro- ‘‘(A) IN GENERAL.—The local board may use ‘‘(A) IN GENERAL.—Each veteran employ- vided under this section) from other pro- funds allocated to a local area under section ment specialist shall be administratively re- grams and sources that will assist the indi- 133(b)(2) to carry out incumbent worker sponsible to the one-stop operator of the one- vidual in obtaining training services.’’; and training programs in accordance with this stop center in the local area and shall pro- (vi) in subparagraph (F) (as so redesig- paragraph. vide, at a minimum, quarterly reports to the nated)— ‘‘(B) TRAINING ACTIVITIES.—The training one-stop operator of such center and to the (I) in the subparagraph heading, by strik- programs for incumbent workers under this Assistant Secretary for Veterans’ Employ- ing ‘‘INDIVIDUAL TRAINING ACCOUNTS’’ and in- paragraph shall be carried out by the local ment and Training for the State on the spe- serting ‘‘CAREER ENHANCEMENT ACCOUNTS’’; area in conjunction with the employers of cialist’s performance, and compliance by the (II) in clause (i), by striking ‘‘individual such workers for the purpose of assisting specialist with Federal law (including regu- training accounts’’ and inserting ‘‘career en- such workers in obtaining the skills nec- lations), with respect to the— hancement accounts’’; essary to retain employment and avert lay- ‘‘(i) principal duties (including facilitating (III) in clause (ii)— offs. the furnishing of services) for veterans de- (aa) by striking ‘‘an individual training ac- ‘‘(C) EMPLOYER MATCH REQUIRED.— scribed in paragraph (2); and count’’ and inserting ‘‘a career enhancement ‘‘(i) IN GENERAL.—Employers participating ‘‘(ii) hiring preferences described in para- account’’; in programs under this paragraph shall be re- graph (3) for veterans and other individuals. (bb) by striking ‘‘subparagraph (F)’’ and inquired to pay a proportion of the costs of ‘‘(B) REPORT TO SECRETARY.—Each State serting ‘‘subparagraph (E)’’; providing the training to the incumbent shall submit to the Secretary an annual re- (cc) in subclause (II), by striking ‘‘indi- workers of the employers. The local board port on the qualifications used by each local vidual training accounts’’ and inserting ‘‘ca- shall establish the required payment toward board in the State in making hiring deter- reer enhancement accounts’’; such costs, which may include in-kind con- minations for a veteran employment spe- (dd) in subclause (II), by striking ‘‘or’’ tributions. cialist and the salary structure under which after the semicolon; ‘‘(ii) CALCULATION OF MATCH.—The wages such specialist is compensated. (ee) in subclause (III), by striking the pe- paid by an employer to a worker while they ‘‘(C) REPORT TO CONGRESS.—The Secretary riod and inserting ‘‘; or’’; and are attending training may be included as shall submit to the Committee on Education (ff) by adding at the end the following: part of the required payment of the em- and the Workforce and the Committee on ‘‘(IV) the local board determines that it ployer.’’; and Veterans’ Affairs of the House of Representa- would be most appropriate to award a con- (7) by adding at the end the following: tives and the Committee on Health, Edu- tract to a postsecondary educational institu- cation, Labor, and Pensions and the Com- ‘‘(e) PRIORITY FOR PLACEMENT IN PRIVATE tion that has been identified as a priority el- mittee on Veterans’ Affairs of the Senate an igible provider under section 117(d)(5)(B) in SECTOR JOBS.—In providing employment and annual report summarizing the reports sub- order to facilitate the training of multiple training activities authorized under this sec- mitted under subparagraph (B), and includ- individuals in in-demand industries or occu- tion, the State board and local board shall ing summaries of outcomes achieved by par- pations important to the State or local econ- give priority to placing participants in jobs ticipating veterans, disaggregated by local omy, that such contract may be used to en- in the private sector. areas. able the expansion of programs provided by a ‘‘(f) VETERAN EMPLOYMENT SPECIALIST.— ‘‘(5) PART-TIME EMPLOYEES.—A part-time priority eligible provider, and that such con- ‘‘(1) IN GENERAL.—Subject to paragraph (8), veteran employment specialist shall perform tract does not limit customer choice.’’; a local board shall hire and employ one or the functions of a veteran employment spe- (IV) in clause (iii), by striking ‘‘adult or more veteran employment specialists to cialist under this subsection on a halftime dislocated worker’’ and inserting ‘‘indi- carry out employment, training, supportive, basis. vidual’’; and and placement services under this subsection ‘‘(6) TRAINING REQUIREMENTS.—Each vet- (V) in clause (iv)— in the local area served by the local board. eran employment specialist described in (aa) by redesignating subclause (IV) as sub- ‘‘(2) PRINCIPAL DUTIES.—A veteran employ- paragraph (2) shall satisfactorily complete clause (V); and ment specialist in a local area shall— training provided by the National Veterans’ (bb) by inserting after subclause (III) the ‘‘(A) conduct outreach to employers in the Employment and Training Institute during following: local area to assist veterans, including dis- the 3-year period that begins on the date on ‘‘(IV) Individuals with disabilities.’’; abled veterans, in gaining employment, in- which the employee is so assigned. (6) in subsection (d) (as so redesignated)— cluding— ‘‘(7) SPECIALIST’S DUTIES.—A full-time vet- (A) by amending paragraph (1) to read as ‘‘(i) conducting seminars for employers; eran employment specialist shall perform follows: and only duties related to employment, training, ‘‘(1) DISCRETIONARY ONE-STOP DELIVERY AC- ‘‘(ii) in conjunction with employers, con- supportive, and placement services under TIVITIES.— ducting job search workshops, and estab- this subsection, and shall not perform other ‘‘(A) IN GENERAL.—Funds allocated to a lishing job search groups; and non-veteran-related duties if such duties de- local area under section 133(b)(2) may be used ‘‘(B) facilitate the furnishing of employ- tract from the specialist’s ability to perform to provide, through the one-stop delivery ment, training, supportive, and placement the specialist’s duties related to employ- system— services to veterans, including disabled and ment, training, supportive, and placement ‘‘(i) customized screening and referral of homeless veterans, in the local area. services under this subsection. qualified participants in training services to ‘‘(3) HIRING PREFERENCE FOR VETERANS AND ‘‘(8) STATE OPTION.—At the request of a employers; INDIVIDUALS WITH EXPERTISE IN SERVING VET- local board, a State may opt to assume the ‘‘(ii) customized employment-related serv- ERANS.—Subject to paragraph (8), a local duties assigned to the local board under ices to employers on a fee-for-service basis; board shall, to the maximum extent prac- paragraphs (1) and (3), including the hiring ‘‘(iii) customer supports, including trans- ticable, employ veterans or individuals with and employment of one or more veteran em- portation and child care, to navigate among expertise in serving veterans to carry out ployment specialists for placement in the multiple services and activities for special the services described in paragraph (2) in the local area served by the local board.’’. participant populations that face multiple local area served by the local board. In hir- SEC. 423. PERFORMANCE ACCOUNTABILITY SYS- barriers to employment, including individ- ing an individual to serve as a veteran em- TEM. uals with disabilities; ployment specialist, a local board shall give Section 136 (29 U.S.C. 2871) is amended— ‘‘(iv) employment and training assistance preference to veterans and other individuals (1) in subsection (b)— provided in coordination with child support in the following order: (A) by amending paragraphs (1) and (2) to enforcement activities of the State agency ‘‘(A) To service-connected disabled vet- read as follows: carrying out subtitle D of title IV of the So- erans. ‘‘(1) IN GENERAL.—For each State, the cial Security Act (42 U.S.C. 651 et seq.); ‘‘(B) If no veteran described in subpara- State performance measures shall consist ‘‘(v) incorporation of pay-for-performance graph (A) is available, to veterans. of— contract strategies as an element in funding ‘‘(C) If no veteran described in subpara- ‘‘(A)(i) the core indicators of performance activities under this section; graph (A) or (B) is available, to any member described in paragraph (2)(A); and ‘‘(vi) activities to facilitate remote access of the Armed Forces transitioning out of ‘‘(ii) additional indicators of performance to services provided through a one-stop de- military service. (if any) identified by the State under para- livery system, including facilitating access ‘‘(D) If no veteran or member described in graph (2)(B); and through the use of technology; and subparagraph (A), (B), or (C) is available, to ‘‘(B) a State adjusted level of performance ‘‘(vii) activities to carry out business serv- any spouse of a veteran or a spouse of a for each indicator described in subparagraph ices and strategies that meet the workforce member of the Armed Forces transitioning (A). investment needs of local area employers, as out of military service. ‘‘(2) INDICATORS OF PERFORMANCE.—

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‘‘(A) CORE INDICATORS OF PERFORMANCE.— (IV) in clause (iii)— received training services described in sec- ‘‘(i) IN GENERAL.—The core indicators of (aa) in the heading, by striking ‘‘FOR FIRST tion 134(c)(4), during the most recent pro- performance for the program of employment 3 YEARS’’; and gram year and fiscal year, and the preceding and training activities authorized under sec- (bb) by striking ‘‘and the customer satis- 5 program years, disaggregated (for individ- tions 132(a)(2) and 134, the program of adult faction indicator of performance, for the uals who received work ready services) by education and family literacy education ac- first 3 program years’’ and inserting ‘‘for all the type of entity that provided the work tivities authorized under title II, and the 3 program years’’; ready services and disaggregated (for indi- program authorized under title I of the Re- (V) in clause (iv)— viduals who received training services) by habilitation Act of 1973 (29 U.S.C. 720 et seq.), (aa) by striking ‘‘or (v)’’; the type of entity that provided the training other than section 112 or part C of that title (bb) by striking subclause (I) and redesig- services, and the amount of funds spent on (29 U.S.C. 732, 741), shall consist of the fol- nating subclauses (II) and (III) as subclauses each of the 2 types of services during the lowing indicators of performance (with per- (I) and (II), respectively; and most recent program year and fiscal year, formance determined in the aggregate and as (cc) in subclause (I) (as so redesignated)— and the preceding 5 fiscal years; disaggregated by the populations identified (AA) by inserting ‘‘, such as unemployment ‘‘(ii) the number of individuals who suc- in the State and local plan in each case): rates and job losses or gains in particular in- cessfully exited out of work ready services ‘‘(I) The percentage and number of pro- dustries’’ after ‘‘economic conditions’’; and described in section 134(c)(2) and the number gram participants who are in unsubsidized (BB) by inserting ‘‘, such as indicators of of individuals who exited out of training employment during the second full calendar poor work experience, dislocation from high- services described in section 134(c)(4), during quarter after exit from the program. wage employment, low levels of literacy or the most recent program year and fiscal ‘‘(II) The percentage and number of pro- English proficiency, disability status (in- year, and the preceding 5 program years, gram participants who are in unsubsidized cluding disability status among veterans), disaggregated (for individuals who received employment during the fourth full calendar and welfare dependency,’’ after ‘‘program’’; work ready services) by the type of entity quarter after exit from the program. (VI) by striking clause (v) and redesig- that provided the work ready services and ‘‘(III) The difference in the median earn- nating clause (vi) as clause (v); and disaggregated (for individuals who received ings of program participants who are in un- (VII) in clause (v) (as so redesignated)— subsidized employment during the second (aa) by striking ‘‘described in clause training services) by the type of entity that full calendar quarter after exit from the pro- (iv)(II)’’ and inserting ‘‘described in clause provided the training services; and gram, compared to the median earnings of (iv)(I)’’; and ‘‘(iii) the average cost per participant of such participants prior to participation in (bb) by striking ‘‘or (v)’’; and those individuals who received work ready such program. (ii) in subparagraph (B), by striking ‘‘para- services described in section 134(c)(2) and the ‘‘(IV) The percentage and number of pro- graph (2)(C)’’ and inserting ‘‘paragraph average cost per participant of those individ- gram participants who obtain a recognized (2)(B)’’; uals who received training services described postsecondary credential (such as an indus- (2) in subsection (c)— in section 134(c)(4), during the most recent try-recognized credential or a certificate (A) by amending clause (i) of paragraph program year and fiscal year, and the pre- from a registered apprenticeship program), (1)(A) to read as follows: ceding 5 program years, disaggregated (for or a regular secondary school diploma or its ‘‘(i) the core indicators of performance de- individuals who received work ready serv- recognized equivalent (subject to clause (ii)), scribed in subsection (b)(2)(A) for activities ices) by the type of entity that provided the during participation in or within 1 year after described in such subsection, other than work ready services and disaggregated (for exit from the program. statewide workforce investment activities; individuals who received training services) ‘‘(V) The percentage and number of pro- and’’; by the type of entity that provided the train- gram participants who, during a program (B) in clause (ii) of paragraph (1)(A), by ing services; and year— striking ‘‘(b)(2)(C)’’ and inserting ‘‘(b)(2)(B)’’; ‘‘(D) the amount of funds spent on training ‘‘(aa) are in an education or training pro- and services and discretionary activities de- gram that leads to a recognized postsec- (C) by amending paragraph (3) to read as scribed in section 134(d), disaggregated by ondary credential (such as an industry-rec- follows: the populations identified under section ognized credential or a certificate from a ‘‘(3) DETERMINATIONS.—In determining 112(b)(16)(A)(iv) and section 118(b)(10).’’; registered apprenticeship program), a certifi- such local levels of performance, the local (C) in paragraph (3)(A), by striking cate from an on-the-job training program, a board, the chief elected official, and the Gov- ‘‘through publication’’ and inserting regular secondary school diploma or its rec- ernor shall ensure such levels are adjusted ‘‘through electronic means’’; and ognized equivalent, or unsubsidized employ- based on the specific economic conditions (D) by adding at the end the following: ment; and (such as unemployment rates and job losses ‘‘(4) DATA VALIDATION.—In preparing the ‘‘(bb) are achieving measurable basic skill or gains in particular industries), or demo- reports described in this subsection, each gains toward such a credential, certificate, graphic characteristics or other characteris- State shall establish procedures, consistent diploma, or employment. tics of the population to be served, in the with guidelines issued by the Secretary, to ‘‘(VI) The percentage and number of pro- local area.’’; ensure the information contained in the re- gram participants who obtain unsubsidized (3) in subsection (d)— ports is valid and reliable. employment in the field relating to the (A) in paragraph (1)— ‘‘(5) STATE AND LOCAL POLICIES.— training services described in section (i) by striking ‘‘127 or’’; ‘‘(A) STATE POLICIES.—Each State that re- 134(c)(4) that such participants received. (ii) by striking ‘‘and the customer satisfac- ceives an allotment under section 132 shall ‘‘(ii) INDICATOR RELATING TO CREDENTIAL.— tion indicator’’ each place it appears; and maintain a central repository of policies re- For purposes of clause (i)(IV), program par- (iii) in the last sentence, by inserting be- lated to access, eligibility, availability of ticipants who obtain a regular secondary fore the period the following: ‘‘, and on the services, and other matters, and plans ap- school diploma or its recognized equivalent amount and percentage of the State’s annual proved by the State board and make such re- shall be included in the percentage counted allotment under section 132 the State spends pository available to the public, including by as meeting the criterion under such clause on administrative costs and on the amount electronic means. only if such participants (in addition to ob- and percentage of its annual allocation ‘‘(B) LOCAL POLICIES.—Each local area that taining such diploma or its recognized equiv- under section 133 each local area in the State receives an allotment under section 133 shall alent), within 1 year after exit from the pro- spends on administrative costs’’; maintain a central repository of policies re- gram, have obtained or retained employ- (B) in paragraph (2)— lated to access, eligibility, availability of ment, have been removed from public assist- (i) by striking subparagraphs (A), (B), and services, and other matters, and plans ap- ance, or have begun an education or training (D); proved by the local board and make such re- program leading to a recognized postsec- (ii) by redesignating subparagraph (C) as pository available to the public, including by ondary credential. subparagraph (A); electronic means.’’; ‘‘(B) ADDITIONAL INDICATORS.—A State may (iii) by redesignating subparagraph (E) as (4) in subsection (g)— identify in the State plan additional indica- subparagraph (B); (A) in paragraph (1)— tors for workforce investment activities au- (iv) in subparagraph (B), as so redesig- (i) in subparagraph (A), by striking ‘‘or thorized under this subtitle.’’; and nated— (B)’’; and (B) in paragraph (3)— (I) by striking ‘‘(excluding participants (ii) in subparagraph (B), by striking ‘‘may (i) in subparagraph (A)— who received only self-service and informa- reduce by not more than 5 percent,’’ and in- (I) in the heading, by striking ‘‘AND CUS- tional activities)’’; and serting ‘‘shall reduce’’; and TOMER SATISFACTION INDICATOR’’; (II) by striking ‘‘and’’ at the end; (B) by striking paragraph (2) and inserting (II) in clause (i), by striking ‘‘and the cus- (v) by striking subparagraph (F); and the following: tomer satisfaction indicator described in (vi) by adding at the end the following: ‘‘(2) FUNDS RESULTING FROM REDUCED AL- paragraph (2)(B)’’; ‘‘(C) with respect to each local area in the LOTMENTS.—The Secretary shall return to (III) in clause (ii), by striking ‘‘and the State— the Treasury the amount retained, as a re- customer satisfaction indicator of perform- ‘‘(i) the number of individuals who received sult of a reduction in an allotment to a State ance, for the first 3’’ and inserting ‘‘, for all work ready services described in section made under paragraph (1)(B).’’; 3’’; 134(c)(2) and the number of individuals who (5) in subsection (h)—

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 8, 2014 CONGRESSIONAL RECORD — SENATE S2269 (A) in paragraph (1), by striking ‘‘or (B)’’; SEC. 424. AUTHORIZATION OF APPROPRIATIONS. (2) in subsection (b)— and Section 137 (29 U.S.C. 2872) is amended to (A) in paragraph (1)— (B) in paragraph (2)— read as follows: (i) in subparagraph (B), by inserting ‘‘and (i) in subparagraph (A), by amending the ‘‘SEC. 137. AUTHORIZATION OF APPROPRIATIONS. agrees to such rules’’ after ‘‘failure to ob- matter preceding clause (i) to read as fol- ‘‘There are authorized to be appropriated serve the rules’’; and lows: to carry out the activities described in sec- (ii) by amending subparagraph (C) to read ‘‘(A) IN GENERAL.—If such failure continues tion 132, $5,945,639,000 for fiscal year 2015 and as follows: for a second consecutive year, the Governor each of the 6 succeeding fiscal years.’’. ‘‘(C) the individual has passed a back- shall take corrective actions, including the ground check conducted in accordance with CHAPTER 3—JOB CORPS development of a reorganization plan. Such procedures established by the Secretary, plan shall—’’; SEC. 426. JOB CORPS PURPOSES. which shall include— (ii) by redesignating subparagraphs (B) and Paragraph (1) of section 141 (29 U.S.C. ‘‘(i) a search of the State criminal registry (C) as subparagraphs (C) and (D), respec- 2881(1)) is amended to read as follows: or repository in the State where the indi- tively; ‘‘(1) to maintain a national Job Corps pro- vidual resides and each State where the indi- (iii) by inserting after subparagraph (A), gram for at-risk youth, carried out in part- vidual previously resided; the following: nership with States and communities, to as- ‘‘(ii) a search of State-based child abuse ‘‘(B) REDUCTION IN THE AMOUNT OF GRANT.— sist eligible youth to connect to the work- and neglect registries and databases in the If such failure continues for a third consecu- force by providing them with intensive aca- State where the individual resides and each tive year, the Governor shall reduce the demic, career and technical education, and State where the individual previously re- amount of the grant that would (in the ab- service-learning opportunities, in residential sided; sence of this subparagraph) be payable to the and nonresidential centers, in order for such ‘‘(iii) a search of the National Crime Infor- local area under such program for the pro- youth to obtain regular secondary school di- mation Center; gram year after such third consecutive year. plomas and recognized postsecondary creden- ‘‘(iv) a Federal Bureau of Investigation fin- Such penalty shall be based on the degree of tials leading to successful careers in in-de- gerprint check using the Integrated Auto- failure to meet local levels of performance.’’; mand industries that will result in opportu- mated Fingerprint Identification System; (iv) in subparagraph (C)(i) (as so redesig- nities for advancement;’’. and nated), by striking ‘‘a reorganization plan SEC. 427. JOB CORPS DEFINITIONS. ‘‘(v) a search of the National Sex Offender Registry established under the Adam Walsh under subparagraph (A) may, not later than Section 142 (29 U.S.C. 2882) is amended— Child Protection and Safety Act of 2006 (42 30 days after receiving notice of the reorga- (1) in paragraph (2)— U.S.C. 16901 et seq.).’’; and nization plan, appeal to the Governor to re- (A) in the paragraph heading, by striking (B) by adding at the end the following new scind or revise such plan’’ and inserting ‘‘APPLICABLE ONE-STOP’’ and inserting ‘‘ONE- paragraph: ‘‘corrective action under subparagraph (A) or STOP’’; ‘‘(3) INDIVIDUALS CONVICTED OF A CRIME.— (B) may, not later than 30 days after receiv- (B) by striking ‘‘applicable’’; An individual shall be ineligible for enroll- ing notice of the action, appeal to the Gov- (C) by striking ‘‘customer service’’; and ment if the individual— ernor to rescind or revise such action’’; and (D) by striking ‘‘intake’’ and inserting ‘‘as- (v) in subparagraph (D) (as so redesig- ‘‘(A) makes a false statement in connec- sessment’’; tion with the criminal background check de- nated), by striking ‘‘subparagraph (B)’’ each (2) in paragraph (4), by striking ‘‘before scribed in paragraph (1)(C); place it appears and inserting ‘‘subparagraph completing the requirements’’ and all that ‘‘(B) is registered or is required to be reg- (C)’’; follows and inserting ‘‘prior to becoming a istered on a State sex offender registry or (6) in subsection (i)— graduate.’’; and the National Sex Offender Registry estab- (A) in paragraph (1)— (3) in paragraph (5), by striking ‘‘has com- lished under the Adam Walsh Child Protec- (i) in subparagraph (B), by striking ‘‘sub- pleted the requirements’’ and all that follows tion and Safety Act of 2006 (42 U.S.C. 16901 et section (b)(2)(C)’’ and inserting ‘‘subsection and inserting the following: ‘‘who, as a result seq.); or (b)(2)(B)’’; and of participation in the Job Corps program, ‘‘(C) has been convicted of a felony con- (ii) in subparagraph (C), by striking has received a regular secondary school di- sisting of— ‘‘(b)(3)(A)(vi)’’ and inserting ‘‘(b)(3)(A)(v)’’; ploma, completed the requirements of a ca- ‘‘(i) homicide; (B) in paragraph (2), by striking ‘‘the ac- reer and technical education and training ‘‘(ii) child abuse or neglect; tivities described in section 502 concerning’’; program, or received, or is making satisfac- ‘‘(iii) a crime against children, including and tory progress (as defined under section 484(c) child pornography; (C) in paragraph (3), by striking ‘‘described of the Higher Education Act of 1965 (20 U.S.C. ‘‘(iv) a crime involving rape or sexual as- in paragraph (1) and in the activities de- 1091(c))) toward receiving, a recognized post- sault; or scribed in section 502’’ and inserting ‘‘and ac- secondary credential (including an industry- ‘‘(v) physical assault, battery, or a drug-re- tivities described in this subsection’’; and recognized credential) that prepares individ- lated offense, committed within the past 5 (7) by adding at the end the following new uals for employment leading to economic years.’’; subsections: self-sufficiency.’’. (3) in subsection (c)— ‘‘(j) USE OF CORE INDICATORS FOR OTHER SEC. 428. INDIVIDUALS ELIGIBLE FOR THE JOB (A) in paragraph (1)— PROGRAMS.—Consistent with the require- CORPS. (i) by striking ‘‘2 years’’ and inserting ments of the applicable authorizing laws, the Section 144 (29 U.S.C. 2884) is amended— ‘‘year’’; and Secretary shall use the core indicators of (1) by amending paragraph (1) to read as (ii) by striking ‘‘an assignment’’ and in- performance described in subsection (b)(2)(A) follows: serting ‘‘a’’; and to assess the effectiveness of the programs ‘‘(1) not less than age 16 and not more than (B) in paragraph (2)— described in section 121(b)(1)(B) (in addition age 24 on the date of enrollment;’’; (i) in the matter preceding subparagraph to the programs carried out under chapter 5) (2) in paragraph (3)(B), by inserting ‘‘sec- (A), by striking ‘‘, every 2 years,’’; that are carried out by the Secretary. ondary’’ before ‘‘school’’; and (ii) in subparagraph (B), by striking ‘‘and’’ ‘‘(k) ESTABLISHING PAY-FOR-PERFORMANCE (3) in paragraph (3)(E), by striking ‘‘voca- at the end; INCENTIVES.— tional’’ and inserting ‘‘career and technical (iii) in subparagraph (C)— ‘‘(1) IN GENERAL.—At the discretion of the education and’’. (I) by inserting ‘‘the education and train- Governor of a State, a State may establish SEC. 429. RECRUITMENT, SCREENING, SELEC- ing’’ after ‘‘including’’; and an incentive system for local boards to im- TION, AND ASSIGNMENT OF ENROLL- (II) by striking the period at the end and plement pay-for-performance contract strat- EES. inserting ‘‘; and’’; and egies for the delivery of employment and Section 145 (29 U.S.C. 2885) is amended— (iv) by adding at the end the following: training activities in the local areas served (1) in subsection (a)— ‘‘(D) the performance of the Job Corps cen- by the local boards. (A) in paragraph (2)(C)(i) by striking ‘‘voter relating to the indicators described in ‘‘(2) IMPLEMENTATION.—A State that estab- cational’’ and inserting ‘‘career and tech- paragraphs (1) and (2) in section 159(c), and lishes a pay-for-performance incentive sys- nical education and training’’; and whether any actions have been taken with tem shall reserve not more than 10 percent of (B) in paragraph (3)— respect to such center pursuant to section the total amount allotted to the State under (i) by striking ‘‘To the extent practicable, 159(f).’’; and section 132(b)(2) for a fiscal year to provide the’’ and inserting ‘‘The’’; (4) in subsection (d)— funds to local areas in the State whose local (ii) in subparagraph (A)— (A) in paragraph (1)— boards have implemented a pay-for-perform- (I) by striking ‘‘applicable’’; and (i) in the matter preceding subparagraph ance contract strategy. (II) by inserting ‘‘and’’ after the semicolon; (A), by striking ‘‘is closest to the home of ‘‘(3) EVALUATIONS.—A State described in (iii) by striking subparagraphs (B) and (C); the enrollee, except that the’’ and inserting paragraph (2) shall use funds reserved by the and ‘‘offers the type of career and technical edu- State under section 133(a)(1) to evaluate the (iv) by adding at the end the following: cation and training selected by the indi- return on investment of pay-for-performance ‘‘(B) organizations that have a dem- vidual and, among the centers that offer contract strategies implemented by local onstrated record of effectiveness in placing such education and training, is closest to the boards in the State.’’. at-risk youth into employment.’’; home of the individual. The’’;

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(ii) by striking subparagraph (A); and ‘‘(d) APPLICATION.—To be eligible to oper- ‘‘(i) a threat to the health, safety, or civil (iii) by redesignating subparagraphs (B) ate a Job Corps center under this subtitle, an rights of program participants or staff; and (C) as subparagraphs (A) and (B), respec- entity shall submit an application to the ‘‘(ii) the misuse of funds received under tively; and Secretary at such time, in such manner, and this subtitle; (B) in paragraph (2), by inserting ‘‘that of- containing such information as the Sec- ‘‘(iii) loss of legal status or financial via- fers the career and technical education and retary may require, including— bility, loss of permits, debarment from retraining desired by’’ after ‘‘home of the en- ‘‘(1) a description of the program activities ceiving Federal grants or contracts, or the rollee’’. that will be offered at the center, including improper use of Federal funds; SEC. 430. JOB CORPS CENTERS. how the career and technical education and ‘‘(iv) failure to meet any other Federal or Section 147 (29 U.S.C. 2887) is amended— training reflect State and local employment State requirement that the entity has shown (1) in subsection (a)— opportunities, including in in-demand indus- an unwillingness or inability to correct, (A) in paragraph (1)(A), by striking ‘‘voca- tries; after notice from the Secretary, within the tional’’ both places it appears and inserting ‘‘(2) a description of the counseling, place- period specified; or ‘‘career and technical’’; and ment, and support activities that will be of- ‘‘(v) an unresolved area of noncompliance. (B) in paragraph (2)— fered at the center, including a description of ‘‘(g) CURRENT GRANTEES.—Not later than 60 (i) in subparagraph (A)— the strategies and procedures the entity will days after the date of enactment of the (I) by striking ‘‘subsections (c) and (d) of use to place graduates into unsubsidized em- SKILLS Act and notwithstanding any pre- section 303 of the Federal Property and Ad- ployment upon completion of the program; vious grant award or renewals of such award ministrative Services Act of 1949 (41 U.S.C. ‘‘(3) a description of the demonstrated under this subtitle, the Secretary shall re- 253)’’ and inserting ‘‘subsections (a) and (b) record of effectiveness that the entity has in quire all entities operating a Job Corps cen- of section 3304 of title 41, United States placing at-risk youth into employment, inter under this subtitle to submit an applica- Code’’; and cluding past performance of operating a Job tion under subsection (d) to carry out the re- (II) by striking ‘‘industry council’’ and in- Corps center under this subtitle; quirements of this section.’’. ‘‘(4) a description of the relationships that serting ‘‘workforce council’’; SEC. 431. PROGRAM ACTIVITIES. the entity has developed with State and (ii) in subparagraph (B)(i)— Section 148 (29 U.S.C. 2888) is amended— local workforce boards, employers, State and (I) by amending subclause (II) to read as (1) by amending subsection (a) to read as local educational agencies, and the sur- follows: follows: rounding communities in an effort to pro- ‘‘(II) the ability of the entity to offer ca- ‘‘(a) ACTIVITIES PROVIDED THROUGH JOB mote a comprehensive statewide workforce reer and technical education and training CORPS CENTERS.— investment system; that the workforce council proposes under ‘‘(1) IN GENERAL.—Each Job Corps center ‘‘(5) a description of the strong fiscal con- section 154(c);’’; shall provide enrollees with an intensive, trols the entity has in place to ensure proper (II) in subclause (III), by striking ‘‘is famil- well-organized, and supervised program of accounting of Federal funds, and a descrip- iar with the surrounding communities, appli- education, career and technical education tion of how the entity will meet the require- cable’’ and inserting ‘‘demonstrates relation- and training, work experience, recreational ments of section 159(a); ships with the surrounding communities, activities, physical rehabilitation and devel- ‘‘(6) a description of the strategies and employers, workforce boards,’’ and by strik- opment, and counseling. Each Job Corps cen- ing ‘‘and’’ at the end; policies the entity will utilize to reduce par- ter shall provide enrollees assigned to the (III) by amending subclause (IV) to read as ticipant costs; center with access to work ready services de- follows: ‘‘(7) a description of the steps taken to con- scribed in section 134(c)(2). ‘‘(IV) the performance of the entity, if any, trol costs in accordance with section ‘‘(2) RELATIONSHIP TO OPPORTUNITIES.— relating to operating or providing activities 159(a)(3); ‘‘(A) IN GENERAL.—The activities provided described in this subtitle to a Job Corps cen- ‘‘(8) a detailed budget of the activities that under this subsection shall be targeted to ter, including the entity’s demonstrated ef- will be supported using funds under this sub- helping enrollees, on completion of their en- fectiveness in assisting individuals in achiev- title; rollment— ing the primary and secondary indicators of ‘‘(9) a detailed budget of the activities that ‘‘(i) secure and maintain meaningful un- performance described in paragraphs (1) and will be supported using funds from non-Fed- subsidized employment; (2) of section 159(c); and’’; and eral resources; ‘‘(ii) complete secondary education and ob- (IV) by adding at the end the following new ‘‘(10) an assurance the entity will comply tain a regular secondary school diploma; subclause: with the administrative cost limitation in- ‘‘(iii) enroll in and complete postsecondary ‘‘(V) the ability of the entity to dem- cluded in section 151(c); education or training programs, including onstrate a record of successfully assisting at- ‘‘(11) an assurance the entity is licensed to obtaining recognized postsecondary creden- risk youth to connect to the workforce, in- operate in the State in which the center is tials (such as industry-recognized creden- cluding by providing them with intensive located; and tials and certificates from registered appren- academic, and career and technical edu- ‘‘(12) an assurance the entity will comply ticeship programs); or cation and training.’’; and with and meet basic health and safety codes, ‘‘(iv) satisfy Armed Forces requirements. (iii) in subparagraph (B)(ii)— including those measures described in sec- ‘‘(B) LINK TO EMPLOYMENT OPPORTUNITIES.— (I) by striking ‘‘, as appropriate’’; and tion 152(b). The career and technical education and (II) by striking ‘‘through (IV)’’ and insert- ‘‘(e) LENGTH OF AGREEMENT.—The agreeing ‘‘through (V)’’; ment described in subsection (a)(1)(A) shall training provided shall be linked to the em- (2) in subsection (b), by striking ‘‘In any be for not longer than a 2-year period. The ployment opportunities in in-demand indus- year, no more than 20 percent of the individ- Secretary may renew the agreement for 3 1- tries in the State in which the Job Corps uals enrolled in the Job Corps may be non- year periods if the entity meets the require- center is located.’’; residential participants in the Job Corps.’’; ments of subsection (f). (2) in subsection (b)— (3) by amending subsection (c) to read as ‘‘(f) RENEWAL.— (A) in the subsection heading, by striking follows: ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘EDUCATION AND VOCATIONAL’’ and inserting ‘‘(c) CIVILIAN CONSERVATION CENTERS.— the Secretary may renew the terms of an ‘‘ACADEMIC AND CAREER AND TECHNICAL EDU- ‘‘(1) IN GENERAL.—The Job Corps centers agreement described in subsection (a)(1)(A) CATION AND’’; may include Civilian Conservation Centers, for an entity to operate a Job Corps center if (B) by striking ‘‘may’’ after ‘‘The Sec- operated under an agreement between the the center meets or exceeds each of the indi- retary’’ and inserting ‘‘shall’’; and Secretary of Labor and the Secretary of Ag- cators of performance described in section (C) by striking ‘‘vocational’’ each place it riculture, that are located primarily in rural 159(c)(1). appears and inserting ‘‘career and tech- areas. Such centers shall adhere to all the ‘‘(2) RECOMPETITION.— nical’’; and provisions of this subtitle, and shall provide, ‘‘(A) IN GENERAL.—Notwithstanding para- (3) by amending paragraph (3) of subsection in addition to education, career and tech- graph (1), the Secretary shall not renew the (c) to read as follows: nical education and training, and workforce terms of the agreement for an entity to oper- ‘‘(3) DEMONSTRATION.—Each year, any oper- preparation skills training described in sec- ate a Job Corps center if such center is ator seeking to enroll additional enrollees in tion 148, programs of work experience to con- ranked in the bottom quintile of centers dean advanced career training program shall serve, develop, or manage public natural re- scribed in section 159(f)(2) for any program demonstrate, before the operator may carry sources or public recreational areas or to de- year. Such entity may submit a new applica- out such additional enrollment, that— velop community projects in the public in- tion under subsection (d) only if such center ‘‘(A) participants in such program have terest. has shown significant improvement on the achieved a satisfactory rate of completion ‘‘(2) SELECTION PROCESS.—The Secretary indicators of performance described in sec- and placement in training-related jobs; and shall select an entity that submits an appli- tion 159(c)(1) over the last program year. ‘‘(B) such operator has met or exceeded the cation under subsection (d) to operate a Ci- ‘‘(B) VIOLATIONS.—The Secretary shall not indicators of performance described in para- vilian Conservation Center on a competitive select an entity to operate a Job Corps cen- graphs (1) and (2) of section 159(c) for the pre- basis, as provided in subsection (a).’’; and ter if such entity or such center has been vious year.’’. (4) by striking subsection (d) and inserting found to have a systemic or substantial ma- SEC. 432. COUNSELING AND JOB PLACEMENT. the following: terial failure that involves— Section 149 (29 U.S.C. 2889) is amended—

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 8, 2014 CONGRESSIONAL RECORD — SENATE S2271 (1) in subsection (a), by striking ‘‘voca- ‘‘(A) determine the in-demand industries in ‘‘(D) the cost per successful performance tional’’ and inserting ‘‘career and technical the State in which enrollees intend to seek outcome, which is calculated by comparing education and’’; employment after graduation; the number of graduates who were placed in (2) in subsection (b)— ‘‘(B) determine the skills and education unsubsidized employment or obtained a rec- (A) by striking ‘‘make every effort to ar- that are necessary to obtain the employment ognized postsecondary credential, including range to’’; and opportunities described in subparagraph (A); an industry-recognized credential, to total (B) by striking ‘‘to assist’’ and inserting and program costs, including all operations, con- ‘‘assist’’; and ‘‘(C) determine the type or types of career struction, and administration costs at each (3) by striking subsection (d). and technical education and training that Job Corps center. SEC. 433. SUPPORT. will be implemented at the center to enable ‘‘(2) SECONDARY INDICATORS.—The annual Subsection (b) of section 150 (29 U.S.C. 2890) the enrollees to obtain the employment op- secondary indicators of performance for Job is amended to read as follows: portunities; and Corps centers shall include— ‘‘(b) TRANSITION ALLOWANCES AND SUPPORT ‘‘(2) to meet at least once a year to re- ‘‘(A) the percentage and number of grad- FOR GRADUATES.—The Secretary shall ar- evaluate the labor market information, and uates who entered unsubsidized employment range for a transition allowance to be paid to other relevant information, to determine not related to the career and technical edu- graduates. The transition allowance shall be any necessary changes in the career and cation and training received through the Job incentive-based to reflect a graduate’s com- technical education and training provided at Corps center; pletion of academic, career and technical the center.’’. ‘‘(B) the percentage and number of grad- education or training, and attainment of a SEC. 437. TECHNICAL ASSISTANCE. uates who entered into postsecondary edu- recognized postsecondary credential, includ- Section 156 (29 U.S.C. 2896) is amended to cation; ing an industry-recognized credential.’’. read as follows: ‘‘(C) the percentage and number of grad- SEC. 434. OPERATIONS. ‘‘SEC. 156. TECHNICAL ASSISTANCE TO CENTERS. uates who entered into the military; Section 151 (29 U.S.C. 2891) is amended— ‘‘(a) IN GENERAL.—From the funds reserved ‘‘(D) the average wage of graduates who are in unsubsidized employment— (1) in the header, by striking ‘‘OPERATING under section 132(a)(3), the Secretary shall ‘‘(i) on the first day of employment; and PLAN.’’ and inserting ‘‘OPERATIONS.’’; provide, directly or through grants, con- ‘‘(ii) 6 months after the first day; (2) in subsection (a), by striking ‘‘IN GEN- tracts, or other agreements or arrangements ‘‘(E) the number and percentage of grad- ERAL.—’’ and inserting ‘‘OPERATING PLAN.—’’; as the Secretary considers appropriate, tech- (3) by striking subsection (b) and redesig- nical assistance and training for the Job uates who entered unsubsidized employment nating subsection (c) as subsection (b); Corps program for the purposes of improving and were retained in the unsubsidized em- (4) by amending subsection (b) (as so redes- program quality. ployment— ‘‘(b) ACTIVITIES.—In providing training and ignated)— ‘‘(i) 6 months after the first day of employ- technical assistance and for allocating re- ment; and (A) in the heading by inserting ‘‘OF OPER- sources for such assistance, the Secretary ‘‘(ii) 12 months after the first day of em- ATING PLAN’’ after ‘‘AVAILABILITY’’; and shall— (B) by striking ‘‘subsections (a) and (b)’’ ployment; ‘‘(1) assist entities, including those entities ‘‘(F) the percentage and number of enroll- and inserting ‘‘subsection (a)’’; and not currently operating a Job Corps center, (5) by adding at the end the following new ees compared to the percentage and number in developing the application described in of enrollees the Secretary has established as subsection: section 147(d); ‘‘(c) ADMINISTRATIVE COSTS.—Not more targets in section 145(c)(1); ‘‘(2) assist Job Corps centers and programs than 10 percent of the funds allotted under ‘‘(G) the cost per training slot, which is in correcting deficiencies and violations section 147 to an entity selected to operate a calculated by comparing the program’s max- under this subtitle; Job Corps center may be used by the entity imum number of enrollees that can be en- ‘‘(3) assist Job Corps centers and programs for administrative costs under this sub- rolled in a Job Corps center at any given in meeting or exceeding the indicators of title.’’. time during the program year to the number performance described in paragraphs (1) and SEC. 435. COMMUNITY PARTICIPATION. of enrollees in the same program year; and (2) of section 159(c); and ‘‘(H) the number and percentage of former Section 153 (29 U.S.C. 2893) is amended to ‘‘(4) assist Job Corps centers and programs read as follows: enrollees, including the number dismissed in the development of sound management under the zero tolerance policy described in ‘‘SEC. 153. COMMUNITY PARTICIPATION. practices, including financial management section 152(b). ‘‘The director of each Job Corps center procedures.’’. ‘‘(3) INDICATORS OF PERFORMANCE FOR RE- shall encourage and cooperate in activities SEC. 438. SPECIAL PROVISIONS. CRUITERS.—The annual indicators of per- to establish a mutually beneficial relation- Section 158(c)(1) (29 U.S.C. 2989(c)(1)) is formance for recruiters shall include the ship between Job Corps centers in the State amended by striking ‘‘title II of the Federal measurements described in subparagraph (A) and nearby communities. Such activities Property and Administrative Services Act of of paragraph (1) and subparagraphs (F), (G), may include the use of any local workforce 1949 (40 U.S.C. 481 et seq.)’’ and inserting and (H) of paragraph (2). development boards established under sec- ‘‘chapter 5 of title 40, United States Code,’’. ‘‘(4) INDICATORS OF PERFORMANCE OF CAREER tion 117 to provide a mechanism for joint dis- SEC. 439. PERFORMANCE ACCOUNTABILITY MAN- TRANSITION SERVICE PROVIDERS.—The annual cussion of common problems and for plan- AGEMENT. indicators of performance of career transi- ning programs of mutual interest.’’. Section 159 (29 U.S.C. 2899) is amended— tion service providers shall include the SEC. 436. WORKFORCE COUNCILS. (1) in the section heading, by striking measurements described in subparagraphs Section 154 (29 U.S.C. 2894) is amended to ‘‘MANAGEMENT INFORMATION’’ and inserting (B) and (C) of paragraph (1) and subpara- read as follows: ‘‘PERFORMANCE ACCOUNTABILITY AND MANAGE- graphs, (B), (C), (D), and (E) of paragraph (2). ‘‘SEC. 154. WORKFORCE COUNCILS. MENT’’; ‘‘(d) ADDITIONAL INFORMATION.—The Sec- ‘‘(a) IN GENERAL.—Each Job Corps center (2) in subsection (a)(3), by inserting before retary shall collect, and submit in the report shall have a workforce council appointed by the period at the end the following: ‘‘, or op- described in subsection (f), information on the Governor of the State in which the Job erating costs for such centers result in a the performance of each Job Corps center, Corps center is located. budgetary shortfall’’; and the Job Corps program, regarding— ‘‘(b) WORKFORCE COUNCIL COMPOSITION.— (3) by striking subsections (c) through (g); ‘‘(1) the number and percentage of former ‘‘(1) IN GENERAL.—A workforce council and enrollees who obtained a regular secondary shall be comprised of— (4) by inserting after subsection (b) the fol- school diploma; ‘‘(A) business members of the State board lowing: ‘‘(2) the number and percentage of former described in section 111(b)(1)(B)(i); ‘‘(c) INDICATORS OF PERFORMANCE.— enrollees who entered unsubsidized employ- ‘‘(B) business members of the local boards ‘‘(1) PRIMARY INDICATORS.—The annual pri- ment; described in section 117(b)(2)(A) located in mary indicators of performance for Job ‘‘(3) the number and percentage of former the State; Corps centers shall include— enrollees who obtained a recognized postsec- ‘‘(C) a representative of the State board de- ‘‘(A) the percentage and number of enroll- ondary credential, including an industry-rec- scribed in section 111(f); and ees who graduate from the Job Corps center; ognized credential; ‘‘(D) such other representatives and State ‘‘(B) the percentage and number of grad- ‘‘(4) the number and percentage of former agency officials as the Governor may des- uates who entered unsubsidized employment enrollees who entered into military service; ignate. related to the career and technical education and ‘‘(2) MAJORITY.—A 2⁄3 majority of the mem- and training received through the Job Corps ‘‘(5) any additional information required bers of the workforce council shall be rep- center, except that such calculation shall by the Secretary. resentatives described in paragraph (1)(A). not include enrollment in education, the ‘‘(e) METHODS.—The Secretary shall collect ‘‘(c) RESPONSIBILITIES.—The responsibil- military, or volunteer service; the information described in subsections (c) ities of the workforce council shall be— ‘‘(C) the percentage and number of grad- and (d), using methods described in section ‘‘(1) to review all the relevant labor mar- uates who obtained a recognized postsec- 136(f)(2) and consistent with State law, by ket information, including related informa- ondary credential, including an industry-rec- entering into agreements with the States to tion in the State plan described in section ognized credential or a certificate from a access such data for Job Corps enrollees, 112, to— registered apprenticeship program; and former enrollees, and graduates.

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‘‘(f) TRANSPARENCY AND ACCOUNTABILITY.— ‘‘(a) GENERAL TECHNICAL ASSISTANCE.—’’; ‘‘(f) REDUCTION OF AMOUNTS AUTHORIZED TO ‘‘(1) REPORT.—The Secretary shall collect (3) by redesignating paragraphs (1), (2), and BE APPROPRIATED FOR LATE REPORTING.—If a and annually submit to the Committee on (3) as subsections (a), (b), and (c) respec- report required to be transmitted to Con- Education and the Workforce of the House of tively, and moving such subsections 2 ems to gress under this section is not transmitted Representatives and the Committee on the left, and conforming the casing style of on or before the time period specified for Health, Education, Labor and Pensions of the headings of such subsections to the cas- that report, amounts authorized to be appro- the Senate, and make available to the public ing style of the heading of subsection (d), as priated under this title shall be reduced by 10 by electronic means, a report containing— added by paragraph (7) of this section; percent for the fiscal year that begins after ‘‘(A) information on the performance of (4) in subsection (a) (as so redesignated)— the date on which the final report required each Job Corps center, and the Job Corps (A) by inserting ‘‘the training of staff pro- under this section is required to be trans- program, on the performance indicators de- viding rapid response services and additional mitted and reduced by an additional 10 per- scribed in paragraphs (1) and (2) of sub- assistance, the training of other staff of recent each subsequent fiscal year until each section (c); cipients of funds under this title, assistance such report is transmitted to Congress.’’; and ‘‘(B) a comparison of each Job Corps cen- regarding accounting and program operation (6) by adding at the end, the following: ter, by rank, on the performance indicators practices (when such assistance would not be ‘‘(h) PUBLIC AVAILABILITY.—The results of the evaluations conducted under this section described in paragraphs (1) and (2) of sub- duplicative to assistance provided by the shall be made publicly available, including section (c); State), technical assistance to States that do by posting such results on the Department’s ‘‘(C) a comparison of each Job Corps cen- not meet State performance measures de- website.’’. ter, by rank, on the average performance of scribed in section 136,’’ after ‘‘localities,’’; all primary indicators described in para- and CHAPTER 5—ADMINISTRATION graph (1) of subsection (c); (B) by striking ‘‘from carrying out activi- SEC. 446. REQUIREMENTS AND RESTRICTIONS. ‘‘(D) information on the performance of the ties’’ and all that follows up to the period Section 181 (29 U.S.C. 2931) is amended— service providers described in paragraphs (3) and inserting ‘‘to implement the amend- (1) in subsection (b)(6), by striking ‘‘, in- and (4) of subsection (c) on the performance ments made by the SKILLS Act’’; cluding representatives of businesses and of indicators established under such para- (5) in subsection (b) (as so redesignated)— labor organizations,’’; graphs; and (A) by striking ‘‘paragraph (1)’’ and insert- (2) in subsection (c)(2)(A), in the matter ‘‘(E) a comparison of each service provider, ing ‘‘subsection (a)’’; preceding clause (i), by striking ‘‘shall’’ and by rank, on the performance of all service (B) by striking ‘‘, or recipient of financial inserting ‘‘may’’; providers described in paragraphs (3) and (4) assistance under any of sections 166 through (3) in subsection (e)— of subsection (c) on the performance indica- 169,’’; and (A) by striking ‘‘training for’’ and insert- tors established under such paragraphs. (C) by striking ‘‘or grant recipient’’; ing ‘‘the entry into employment, retention ‘‘(2) ASSESSMENT.—The Secretary shall (6) in subsection (c) (as so redesignated), by in employment, or increases in earnings of’’; conduct an annual assessment of the per- striking ‘‘paragraph (1)’’ and inserting ‘‘sub- and formance of each Job Corps center which section (a)’’; and (B) by striking ‘‘subtitle B’’ and inserting shall include information on the Job Corps (7) by inserting, after subsection (c) (as so ‘‘this Act’’; centers that— redesignated), the following: (4) in subsection (f)(4), by striking ‘‘134(a)(3)(B)’’ and inserting ‘‘133(a)(4)’’; and ‘‘(A) are ranked in the bottom 10 percent ‘‘(d) BEST PRACTICES COORDINATION.—The on the performance indicator described in Secretary shall— (5) by adding at the end the following: ‘‘(g) SALARY AND BONUS LIMITATION.— paragraph (1)(C); or ‘‘(1) establish a system through which ‘‘(1) IN GENERAL.—No funds provided under ‘‘(B) have failed a safety and health code States may share information regarding best this title shall be used by a recipient or sub- review described in subsection (g). practices with regard to the operation of recipient of such funds to pay the salary and ‘‘(3) PERFORMANCE IMPROVEMENT.—With re- workforce investment activities under this bonuses of an individual, either as direct spect to a Job Corps center that is identified Act; and costs or indirect costs, at a rate in excess of under paragraph (2) or reports less than 50 ‘‘(2) evaluate and disseminate information the rate prescribed in level II of the Execu- percent on the performance indicators de- regarding best practices and identify knowl- tive Schedule under section 5315 of title 5, scribed in subparagraph (A), (B), or (C) of edge gaps.’’. United States Code. subsection (c)(1), the Secretary shall develop SEC. 442. EVALUATIONS. ‘‘(2) VENDORS.—The limitation described in and implement a 1 year performance im- Section 172 (29 U.S.C. 2917) is amended— paragraph (1) shall not apply to vendors pro- provement plan. Such a plan shall require (1) in subsection (a), by striking ‘‘the Sec- viding goods and services as defined in OMB action including— retary shall provide for the continuing eval- Circular A–133. ‘‘(A) providing technical assistance to the uation of the programs and activities, in- ‘‘(3) LOWER LIMIT.—In a case in which a center; cluding those programs and activities car- State is a recipient of such funds, the State ‘‘(B) changing the management staff of the ried out under section 171’’ and inserting may establish a lower limit than is provided center; ‘‘the Secretary, through grants, contracts, or in paragraph (1) for salaries and bonuses of ‘‘(C) replacing the operator of the center; cooperative agreements, shall conduct, at those receiving salaries and bonuses from a ‘‘(D) reducing the capacity of the center; or least once every 5 years, an independent subrecipient of such funds, taking into ac- ‘‘(E) closing the center. evaluation of the programs and activities count factors including the relative cost of ‘‘(4) CLOSURE OF JOB CORPS CENTERS.—Job funded under this Act’’; living in the State, the compensation levels Corps centers that have been identified (2) by amending subsection (a)(4) to read as for comparable State or local government under paragraph (2) for more than 4 consecu- follows: employees, and the size of the organizations tive years shall be closed. The Secretary ‘‘(4) the impact of receiving services and that administer the Federal programs in- shall ensure— not receiving services under such programs volved. ‘‘(A) that the proposed decision to close and activities on the community, businesses, ‘‘(h) GENERAL AUTHORITY.— the center is announced in advance to the and individuals;’’; ‘‘(1) IN GENERAL.—The Employment and general public through publication in the (3) by amending subsection (c) to read as Training Administration of the Department Federal Register and other appropriate follows: of Labor (referred to in this Act as the ‘Ad- means; and ‘‘(c) TECHNIQUES.—Evaluations conducted ministration’) shall administer all programs ‘‘(B) the establishment of a reasonable under this section shall utilize appropriate authorized under title I and the Wagner- comment period, not to exceed 30 days, for and rigorous methodology and research de- Peyser Act (29 U.S.C. 49 et seq.). The Admin- interested individuals to submit written signs, including the use of control groups istration shall be headed by an Assistant comments to the Secretary. chosen by scientific random assignment Secretary appointed by the President by and ‘‘(g) PARTICIPANT HEALTH AND SAFETY.— methodologies, quasi-experimental methods, with the advice and consent of the Senate. The Secretary shall enter into an agreement impact analysis and the use of administra- Except for title II and the Rehabilitation Act with the General Services Administration or tive data. The Secretary shall conduct an of 1973 (29 U.S.C. 701 et seq.), the Administra- the appropriate State agency responsible for impact analysis, as described in subsection tion shall be the principal agency, and the inspecting public buildings and safeguarding (a)(4), of the formula grant program under Assistant Secretary shall be the principal of- the health of disadvantaged students, to con- subtitle B not later than 2016, and thereafter ficer, of such Department for carrying out duct an in-person review of the physical con- shall conduct such an analysis not less than this Act. dition and health-related activities of each once every 4 years.’’; ‘‘(2) QUALIFICATIONS.—The Assistant Sec- Job Corps center annually. Such review shall (4) in subsection (e), by striking ‘‘the Com- retary shall be an individual with substan- include a passing rate of occupancy under mittee on Labor and Human Resources of the tial experience in workforce development Federal and State ordinances.’’. Senate’’ and inserting ‘‘the Committee on and in workforce development management. CHAPTER 4—NATIONAL PROGRAMS Health, Education, Labor, and Pensions of The Assistant Secretary shall also, to the SEC. 441. TECHNICAL ASSISTANCE. the Senate’’; maximum extent possible, possess knowledge Section 170 (29 U.S.C. 2915) is amended— (5) by redesignating subsection (f) as sub- and have worked in or with the State or (1) by striking subsection (b); section (g) and inserting after subsection (e) local workforce investment system or have (2) by striking: the following: been a member of the business community.

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‘‘(3) FUNCTIONS.—In the performance of the The Secretary may establish an expedited istered each of the programs and activities functions of the office, the Assistant Sec- procedure for the purpose of extending to ad- described in subparagraph (A), on functions retary shall be directly responsible to the ditional States the waiver of statutory or for which the authorizing provision has been Secretary or the Deputy Secretary of Labor, regulatory requirements that have been ap- repealed, or for which an amount has been as determined by the Secretary. The func- proved for a State pursuant to a request consolidated (if such employee is in a dupli- tions of the Assistant Secretary shall not be under subparagraph (B), in lieu of requiring cate position), on or after such date of enact- delegated to any officer not directly respon- the additional States to meet the requirement; sible, both with respect to program oper- ments of subparagraphs (B) and (C). Such ‘‘(2) not later than 90 after such date of en- ation and administration, to the Assistant procedure shall ensure that the extension of actment, publish the information described Secretary. Any reference in this Act to du- such a waiver to additional States is accom- in paragraph (1) on the Office of Management ties to be carried out by the Assistant Sec- panied by appropriate conditions relating to and Budget website; and retary shall be considered to be a reference the implementation of such waiver. ‘‘(3) not later than 1 year after such date of to duties to be carried out by the Secretary ‘‘(E) EXTERNAL CONDITIONS.—The Secretary enactment— acting through the Assistant Secretary.’’. shall not require or impose new or additional ‘‘(A) reduce the workforce of the Federal SEC. 447. PROMPT ALLOCATION OF FUNDS. requirements, that are not specified under Government by the number of full-time Section 182 (29 U.S.C. 2932) is amended— this Act, on a State in exchange for pro- equivalent employees identified under para- (1) in subsection (c)— viding a waiver to the State or a local area graph (1)(B); and (A) by striking ‘‘127 or’’; and in the State under this paragraph.’’. ‘‘(B) submit to Congress a report on how (B) by striking ‘‘, except that’’ and all that SEC. 451. STATE LEGISLATIVE AUTHORITY. the Director carried out the requirements of follows and inserting a period; and Section 191(a) (29 U.S.C. 2941(a)) is amend- subparagraph (A). (2) in subsection (e)— ed— ‘‘SEC. 197. RESTRICTIONS ON LOBBYING AND PO- (A) by striking ‘‘sections 128 and 133’’ and (1) by striking ‘‘consistent with the provi- LITICAL ACTIVITIES. ‘‘(a) LOBBYING RESTRICTIONS.— inserting ‘‘section 133’’; and sions of this title’’ and inserting ‘‘consistent ‘‘(1) PUBLICITY RESTRICTIONS.— (B) by striking ‘‘127 or’’. with State law and the provisions of this ‘‘(A) IN GENERAL.—Subject to subparagraph SEC. 448. FISCAL CONTROLS; SANCTIONS. title’’; and (B), no funds provided under this Act shall be Section 184(a)(2) (29 U.S.C. 2934(a)(2)) is (2) by striking ‘‘consistent with the terms used or proposed for use, for— amended— and conditions required under this title’’ and ‘‘(i) publicity or propaganda purposes; or (1) by striking ‘‘(A)’’ and all that follows inserting ‘‘consistent with State law and the ‘‘(ii) the preparation, distribution, or use through ‘‘Each’’ and inserting ‘‘Each’’; and terms and conditions required under this of any kit, pamphlet, booklet, publication, (2) by striking subparagraph (B). title’’. electronic communication, radio, television, SEC. 449. REPORTS TO CONGRESS. SEC. 452. GENERAL PROGRAM REQUIREMENTS. or video presentation designed to support or Section 185 (29 U.S.C. 2935) is amended— Section 195 (29 U.S.C. 2945) is amended— defeat the enactment of legislation before (1) in subsection (c)— (1) in paragraph (7), by inserting at the end the Congress or any State or local legisla- (A) in paragraph (2), by striking ‘‘and’’ the following: ture or legislative body. after the semicolon; ‘‘(D) Funds received under a program by a ‘‘(B) EXCEPTION.—Subparagraph (A) shall (B) in paragraph (3), by striking the period public or private nonprofit entity that are not apply to— and inserting ‘‘; and’’; and not described in subparagraph (B), such as ‘‘(i) normal and recognized executive-legis- (C) by adding at the end the following: funds privately raised from philanthropic lative relationships; ‘‘(4) shall have the option to submit or dis- foundations, businesses, or other private en- ‘‘(ii) the preparation, distribution, or use seminate electronically any reports, records, tities, shall not be considered to be income of the materials described in subparagraph plans, or other data that are required to be under this title and shall not be subject to (A)(ii) in presentation to the Congress or any collected or disseminated under this title.’’; the requirements of this paragraph.’’; State or local legislature or legislative body and (2) by striking paragraph (9); (except that this subparagraph does not (2) in subsection (e)(2), by inserting ‘‘and (3) by redesignating paragraphs (10) apply with respect to such preparation, dis- the Secretary shall submit to the Committee through (13) as paragraphs (9) through (12), tribution, or use in presentation to the exec- on Education and the Workforce of the respectively; and utive branch of any State or local govern- House of Representatives and the Committee (4) by adding at the end the following new ment); or on Health, Education, Labor, and Pensions of paragraphs: ‘‘(iii) such preparation, distribution, or use the Senate,’’ after ‘‘Secretary,’’. ‘‘(13) Funds provided under this title shall of such materials, that are designed to sup- SEC. 450. ADMINISTRATIVE PROVISIONS. not be used to establish or operate stand- port or defeat any proposed or pending regu- Section 189 (29 U.S.C. 2939) is amended— alone fee-for-service enterprises that com- lation, administrative action, or order issued (1) in subsection (g)— pete with private sector employment agen- by the executive branch of any State or local (A) by amending paragraph (1) to read as cies within the meaning of section 701(c) of government. follows: the Civil Rights Act of 1964 (42 U.S.C. ‘‘(2) SALARY PAYMENT RESTRICTION.—No ‘‘(1) IN GENERAL.—Appropriations for any 2000e(c)), except that for purposes of this funds provided under this Act shall be used, fiscal year for programs and activities car- paragraph, such an enterprise does not in- or proposed for use, to pay the salary or ex- ried out under this title shall be available for clude a one-stop center. penses of any grant or contract recipient, or obligation only on the basis of a program ‘‘(14) Any report required to be submitted agent acting for such recipient, related to year. The program year shall begin on Octo- to Congress, or to a Committee of Congress, any activity designed to influence the enact- ber 1 in the fiscal year for which the appro- under this title shall be submitted to both ment or issuance of legislation, appropria- priation is made.’’; and the chairmen and ranking minority members tions, regulations, administrative action, or (B) in paragraph (2)— of the Committee on Education and the an Executive order proposed or pending be- (i) in the first sentence, by striking ‘‘each Workforce of the House of Representatives fore the Congress or any State government, State’’ and inserting ‘‘each recipient (except and the Committee on Health, Education, or a State or local legislature or legislative as otherwise provided in this paragraph)’’; Labor, and Pensions of the Senate.’’. body, other than for normal and recognized and SEC. 453. FEDERAL AGENCY STAFF AND RESTRIC- executive-legislative relationships or par- (ii) in the second sentence, by striking ‘‘171 TIONS ON POLITICAL AND LOB- ticipation by an agency or officer of a State, or’’; BYING ACTIVITIES. local, or tribal government in policymaking (2) in subsection (i)— Subtitle E of title I (29 U.S.C. 2931 et seq.) and administrative processes within the ex- (A) by striking paragraphs (2) and (3); is amended by adding at the end the fol- ecutive branch of that government. (B) by redesignating paragraph (4) as para- lowing new sections: ‘‘(b) POLITICAL RESTRICTIONS.— graph (2); ‘‘SEC. 196. FEDERAL AGENCY STAFF. ‘‘(1) IN GENERAL.—No funds received by a (C) by amending paragraph (2)(A), as so re- ‘‘The Director of the Office of Management participant of a program or activity under designated— and Budget shall— this Act shall be used for— (i) in clause (i), by striking ‘‘; and’’ and in- ‘‘(1) not later than 60 days after the date of ‘‘(A) any partisan or nonpartisan political serting a period at the end; the enactment of the SKILLS Act— activity or any other political activity asso- (ii) by striking ‘‘requirements of subpara- ‘‘(A) identify the number of Federal gov- ciated with a candidate, or contending fac- graph (B)’’ and all that follows through ‘‘any ernment employees who, on the day before tion or group, in an election for public or of the statutory or regulatory requirements the date of enactment of the SKILLS Act, party office; or of subtitle B’’ and inserting ‘‘requirements of worked on or administered each of the pro- ‘‘(B) any activity to provide voters with subparagraph (B) or (D), any of the statutory grams and activities that were authorized transportation to the polls or similar assist- or regulatory requirements of subtitle B’’; under this Act or were authorized under a ance in connection with any such election. and provision listed in section ll71 of the ‘‘(2) RESTRICTION ON VOTER REGISTRATION (iii) by striking clause (ii); and SKILLS Act; and ACTIVITIES.—No funds under this Act shall be (D) by adding at the end the following: ‘‘(B) identify the number of full-time used to conduct voter registration activities. ‘‘(D) EXPEDITED PROCESS FOR EXTENDING equivalent employees who on the day before ‘‘(3) DEFINITION.—For the purposes of this APPROVED WAIVERS TO ADDITIONAL STATES.— that date of enactment, worked on or admin- subsection, the term ‘participant’ includes

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2274 CONGRESSIONAL RECORD — SENATE April 8, 2014 any State, local area, or government, non- or program described in subsection (b)(2) ‘‘(1) increase the literacy of adults, includ- profit, or for-profit entity receiving funds with the head of the Federal agency who ex- ing the basic reading, writing, speaking, and under this Act.’’. ercises administrative authority over the ac- mathematics skills, to a level of proficiency CHAPTER 6—STATE UNIFIED PLAN tivity or program. necessary for adults to obtain employment ‘‘(2) TIMELINE.—A State unified plan shall and self-sufficiency and to successfully ad- SEC. 456. STATE UNIFIED PLAN. Section 501 (20 U.S.C. 9271) is amended— be considered to be approved by the Sec- vance in the workforce; (1) by amending subsection (a) to read as retary at the end of the 90-day period begin- ‘‘(2) assist adults in the completion of a follows: ning on the day the Secretary receives the secondary school education (or its equiva- plan, unless the Secretary makes a written lent) and the transition to a postsecondary ‘‘(a) GENERAL AUTHORITY.—The Secretary shall receive and approve State unified plans determination, during the 90-day period, that educational institution; developed and submitted in accordance with details how the plan is not consistent with ‘‘(3) assist adults who are parents to enable this section.’’; the requirements of the Federal statute au- them to support the educational develop- (2) by amending subsection (b) to read as thorizing an activity or program described in ment of their children and make informed follows: subsection (b)(2) and covered under the plan choices regarding their children’s education ‘‘(b) STATE UNIFIED PLAN.— or how the plan is not consistent with the re- including, through instruction in basic read- ‘‘(1) IN GENERAL.—A State may develop and quirements of subsection (c)(3). ing, writing, speaking, and mathematics submit to the Secretary a State unified plan ‘‘(3) SCOPE OF PORTION.—For purposes of skills; and for 2 or more of the activities or programs paragraph (1), the portion of the State uni- ‘‘(4) assist adults who are not proficient in set forth in paragraph (2). The State unified fied plan covering an activity or program English in improving their reading, writing, plan shall cover one or more of the activities shall be considered to include the plan de- speaking, listening, comprehension, and or programs set forth in subparagraphs (A) scribed in subsection (c)(3) and any proposal mathematics skills. and (B) of paragraph (2) and shall cover one described in subsection (e)(2), as that part ‘‘SEC. 203. DEFINITIONS. or more of the activities or programs set and proposal relate to the activity or pro- ‘‘In this title: forth in subparagraphs (C) through (N) of gram.’’; and ‘‘(1) ADULT EDUCATION AND FAMILY LIT- paragraph (2). (4) by adding at the end the following: ERACY EDUCATION PROGRAMS.—The term ‘‘(2) ACTIVITIES AND PROGRAMS.—For pur- ‘‘(e) ADDITIONAL EMPLOYMENT AND TRAIN- ‘adult education and family literacy edu- poses of paragraph (1), the term ‘activity or ING FUNDS.— cation programs’ means a sequence of aca- program’ means any 1 of the following 14 ac- ‘‘(1) PURPOSE.—It is the purpose of this demic instruction and educational services tivities or programs: subsection to reduce inefficiencies in the ad- below the postsecondary level that increase ‘‘(A) Activities and programs authorized ministration of federally funded State and an individual’s ability to read, write, and under title I. local employment and training programs. speak English and perform mathematical ‘‘(B) Activities and programs authorized ‘‘(2) IN GENERAL.—In developing a State computations leading to a level of pro- under title II. unified plan for the activities or programs ficiency equivalent to at least a secondary ‘‘(C) Programs authorized under title I of described in subsection (b)(2), and subject to school completion that is provided for indi- the Rehabilitation Act of 1973 (29 U.S.C. 710 paragraph (4) and to the State plan approval viduals— et seq.). process under subsection (d), a State may ‘‘(A) who are at least 16 years of age; ‘‘(D) Secondary career and technical edu- propose to consolidate the amount, in whole ‘‘(B) who are not enrolled or required to be cation programs authorized under the Carl or part, provided for the activities or pro- enrolled in secondary school under State D. Perkins Career and Technical Education grams covered by the plan into the Work- law; and Act of 2006 (20 U.S.C. 2301 et seq.). force Investment Fund under section 132(b) ‘‘(C) who— ‘‘(E) Postsecondary career and technical to improve the administration of State and ‘‘(i) lack sufficient mastery of basic read- education programs authorized under the local employment and training programs. ing, writing, speaking, and mathematics Carl D. Perkins Career and Technical Edu- ‘‘(3) REQUIREMENTS.—A State that has a skills to enable the individuals to function cation Act of 2006. State unified plan approved under subsection effectively in society; ‘‘(F) Activities and programs authorized (d) with a proposal for consolidation under ‘‘(ii) do not have a secondary school di- under title II of the Trade Act of 1974 (19 paragraph (2), and that is carrying out such ploma or its equivalent and have not U.S.C. 2251 et seq.). consolidation, shall— achieved an equivalent level of education; or ‘‘(G) Programs and activities authorized ‘‘(A) in providing an activity or program ‘‘(iii) are English learners. under the Act of August 16, 1937 (commonly for which an amount is consolidated into the ‘‘(2) ELIGIBLE AGENCY.—The term ‘eligible known as the ‘National Apprenticeship Act’; Workforce Investment Fund— agency’— 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). ‘‘(i) continue to meet the program require- ‘‘(A) means the primary entity or agency ‘‘(H) Programs authorized under the Com- ments, limitations, and prohibitions of any in a State or an outlying area responsible for munity Services Block Grant Act (42 U.S.C. Federal statute authorizing the activity or administering or supervising policy for adult 9901 et seq.). program; and education and family literacy education pro- ‘‘(I) Programs authorized under part A of ‘‘(ii) meet the intent and purpose for the grams in the State or outlying area, respec- title IV of the Social Security Act (42 U.S.C. activity or program; and tively, consistent with the law of the State 601 et seq.). ‘‘(B) continue to make reservations and al- or outlying area, respectively; and ‘‘(J) Programs authorized under State un- lotments under subsections (a) and (b) of sec- ‘‘(B) may be the State educational agency, employment compensation laws (in accord- tion 133. the State agency responsible for admin- ance with applicable Federal law). ‘‘(4) EXCEPTIONS.—A State may not con- istering workforce investment activities, or ‘‘(K) Work programs authorized under sec- solidate an amount under paragraph (2) that the State agency responsible for admin- tion 6(o) of the Food and Nutrition Act of is allocated to the State under— istering community or technical colleges. 1977 (7 U.S.C. 2015(o)). ‘‘(A) the Carl D. Perkins Career and Tech- ‘‘(3) ELIGIBLE PROVIDER.—The term ‘eligi- ‘‘(L) Activities and programs authorized nical Education Act of 2006 (20 U.S.C. 2301 et ble provider’ means an organization of dem- under title I of the Housing and Community seq.); or onstrated effectiveness that is— Development Act of 1974 (42 U.S.C. 5301 et ‘‘(B) title I of the Rehabilitation Act of ‘‘(A) a local educational agency; seq.). 1973 (29 U.S.C. 710 et seq.).’’. ‘‘(B) a community-based or faith-based or- ‘‘(M) Activities and programs authorized Subtitle B—Adult Education and Family ganization; under the Public Works and Economic Devel- Literacy Education ‘‘(C) a volunteer literacy organization; opment Act of 1965 (42 U.S.C. 3121 et seq.). SEC. 461. AMENDMENT. ‘‘(D) an institution of higher education; ‘‘(N) Activities authorized under chapter 41 Title II (20 U.S.C. 9201 et seq.) is amended ‘‘(E) a public or private educational agen- of title 38, United States Code.’’; to read as follows: cy; (3) by amending subsection (d) to read as ‘‘(F) a library; ‘‘TITLE II—ADULT EDUCATION AND follows: ‘‘(G) a public housing authority; FAMILY LITERACY EDUCATION ‘‘(d) APPROVAL.— ‘‘(H) an institution that is not described in ‘‘(1) JURISDICTION.—In approving a State ‘‘SEC. 201. SHORT TITLE. any of subparagraphs (A) through (G) and unified plan under this section, the Sec- ‘‘This title may be cited as the ‘Adult Edu- has the ability to provide adult education, retary shall— cation and Family Literacy Education Act’. basic skills, and family literacy education ‘‘(A) submit the portion of the State uni- ‘‘SEC. 202. PURPOSE. programs to adults and families; or fied plan covering an activity or program de- ‘‘It is the purpose of this title to provide ‘‘(I) a consortium of the agencies, organiza- scribed in subsection (b)(2) to the head of the instructional opportunities for adults seek- tions, institutions, libraries, or authorities Federal agency who exercises administrative ing to improve their literacy skills, includ- described in any of subparagraphs (A) authority over the activity or program for ing their basic reading, writing, speaking, through (H). the approval of such portion by such Federal and mathematics skills, and support States ‘‘(4) ENGLISH LANGUAGE ACQUISITION PRO- agency head; or and local communities in providing, on a GRAM.—The term ‘English language acquisi- ‘‘(B) coordinate approval of the portion of voluntary basis, adult education and family tion program’ means a program of instruc- the State unified plan covering an activity literacy education programs, in order to— tion—

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 8, 2014 CONGRESSIONAL RECORD — SENATE S2275 ‘‘(A) designed to help English learners ‘‘(A) an institution of higher education cy bears to the number of such adults in all achieve competence in reading, writing, that provides not less than a 2-year program States and outlying areas. speaking, and comprehension of the English of instruction that is acceptable for credit ‘‘(d) QUALIFYING ADULT.—For the purpose language; and toward a bachelor’s degree; of subsection (c)(2), the term ‘qualifying ‘‘(B) that may lead to— ‘‘(B) a tribally controlled community col- adult’ means an adult who— ‘‘(i) attainment of a secondary school di- lege; or ‘‘(1) is at least 16 years of age; ploma or its recognized equivalent; ‘‘(C) a nonprofit educational institution of- ‘‘(2) is beyond the age of compulsory school ‘‘(ii) transition to success in postsecondary fering certificate or apprenticeship programs attendance under the law of the State or education and training; and at the postsecondary level. outlying area; ‘‘(iii) employment or career advancement. ‘‘(15) SECRETARY.—The term ‘Secretary’ ‘‘(3) does not have a secondary school di- ‘‘(5) FAMILY LITERACY EDUCATION PRO- means the Secretary of Education. ploma or its recognized equivalent; and GRAM.—The term ‘family literacy education ‘‘(16) STATE.—The term ‘State’ means each ‘‘(4) is not enrolled in secondary school. program’ means an educational program of the several States of the United States, ‘‘(e) SPECIAL RULE.— that— the District of Columbia, and the Common- ‘‘(1) IN GENERAL.—From amounts made ‘‘(A) assists parents and students, on a vol- wealth of Puerto Rico. available under subsection (c) for the Repub- untary basis, in achieving the purpose of this ‘‘(17) STATE EDUCATIONAL AGENCY.—The lic of Palau, the Secretary shall award title as described in section 202; and term ‘State educational agency’ has the grants to Guam, American Samoa, the Com- ‘‘(B) is of sufficient intensity in terms of meaning given the term in section 9101 of the monwealth of the Northern Mariana Islands, hours and of sufficient quality to make sus- Elementary and Secondary Education Act of tainable changes in a family, is evidence- or the Republic of Palau to carry out activi- 1965. ties described in this title in accordance with based, and, for the purpose of substantially ‘‘(18) WORKPLACE LITERACY PROGRAM.—The increasing the ability of parents and children the provisions of this title as determined by term ‘workplace literacy program’ means an the Secretary. to read, write, and speak English, inte- educational program that is offered in col- grates— ‘‘(2) TERMINATION OF ELIGIBILITY.—Notwith- laboration between eligible providers and standing any other provision of law, the Re- ‘‘(i) interactive literacy activities between employers or employee organizations for the parents and their children; public of Palau shall be eligible to receive a purpose of improving the productivity of the grant under this title until an agreement for ‘‘(ii) training for parents regarding how to workforce through the improvement of read- be the primary teacher for their children and the extension of United States education as- ing, writing, speaking, and mathematics sistance under the Compact of Free Associa- full partners in the education of their chil- skills. dren; tion for the Republic of Palau becomes effec- ‘‘SEC. 204. HOME SCHOOLS. ‘‘(iii) parent literacy training that leads to tive. ‘‘Nothing in this title shall be construed to economic self-sufficiency; and ‘‘(f) HOLD-HARMLESS PROVISIONS.— affect home schools, whether or not a home ‘‘(iv) an age-appropriate education to pre- ‘‘(1) IN GENERAL.—Notwithstanding sub- school is treated as a home school or a pri- pare children for success in school and life section (c) and subject to paragraph (2), for— vate school under State law, or to compel a experiences. ‘‘(A) fiscal year 2015, no eligible agency parent engaged in home schooling to partici- ‘‘(6) GOVERNOR.—The term ‘Governor’ shall receive an allotment under this title pate in adult education and family literacy means the chief executive officer of a State that is less than 90 percent of the allotment education activities under this title. or outlying area. the eligible agency received for fiscal year ‘‘SEC. 205. AUTHORIZATION OF APPROPRIATIONS. ‘‘(7) INDIVIDUAL WITH A DISABILITY.— 2012 under this title; and ‘‘(A) IN GENERAL.—The term ‘individual ‘‘There are authorized to be appropriated ‘‘(B) fiscal year 2016 and each succeeding with a disability’ means an individual with to carry out this title, $606,294,933 for fiscal fiscal year, no eligible agency shall receive any disability (as defined in section 3 of the year 2015 and for each of the 6 succeeding fis- an allotment under this title that is less Americans with Disabilities Act of 1990). cal years. than 90 percent of the allotment the eligible ‘‘(B) INDIVIDUALS WITH DISABILITIES.—The ‘‘Subtitle A—Federal Provisions agency received for the preceding fiscal year term ‘individuals with disabilities’ means ‘‘SEC. 211. RESERVATION OF FUNDS; GRANTS TO under this title. more than one individual with a disability. ELIGIBLE AGENCIES; ALLOTMENTS. ‘‘(2) RATABLE REDUCTION.—If, for any fiscal ‘‘(8) ENGLISH LEARNER.—The term ‘English ‘‘(a) RESERVATION OF FUNDS.—From the year the amount available for allotment learner’ means an adult or out-of-school sums appropriated under section 205 for a fis- under this title is insufficient to satisfy the youth who has limited ability in reading, cal year, the Secretary shall reserve 2.0 per- provisions of paragraph (1), the Secretary writing, speaking, or understanding the cent to carry out section 242. shall ratable reduce the payments to all eli- English language, and— ‘‘(b) GRANTS TO ELIGIBLE AGENCIES.— gible agencies, as necessary. N GENERAL ‘‘(A) whose native language is a language ‘‘(1) I .—From the sums appro- ‘‘(g) REALLOTMENT.—The portion of any el- other than English; or priated under section 205 and not reserved igible agency’s allotment under this title for ‘‘(B) who lives in a family or community under subsection (a) for a fiscal year, the a fiscal year that the Secretary determines environment where a language other than Secretary shall award a grant to each eligi- will not be required for the period such allot- English is the dominant language. ble agency having a State plan approved ment is available for carrying out activities ‘‘(9) INTEGRATED EDUCATION AND TRAIN- under section 224 in an amount equal to the under this title, shall be available for real- ING.—The term ‘integrated education and sum of the initial allotment under sub- lotment from time to time, on such dates training’ means services that provide adult section (c)(1) and the additional allotment during such period as the Secretary shall fix, education and literacy activities contex- under subsection (c)(2) for the eligible agen- to other eligible agencies in proportion to tually and concurrently with workforce cy for the fiscal year, subject to subsections the original allotments to such agencies preparation activities and workforce train- (f) and (g). under this title for such year. ing for a specific occupation or occupational ‘‘(2) PURPOSE OF GRANTS.—The Secretary cluster. Such services may include offering may award a grant under paragraph (1) only ‘‘SEC. 212. PERFORMANCE ACCOUNTABILITY SYS- adult education services concurrent with if the eligible agency involved agrees to ex- TEM. postsecondary education and training, in- pend the grant in accordance with the provi- ‘‘Programs and activities authorized under cluding through co-instruction. sions of this title. this title are subject to the performance ac- ‘‘(10) INSTITUTION OF HIGHER EDUCATION.— ‘‘(c) ALLOTMENTS.— countability provisions described in para- The term ‘institution of higher education’ ‘‘(1) INITIAL ALLOTMENTS.—From the sums graphs (2)(A) and (3) of section 136(b) and has the meaning given the term in section appropriated under section 205 and not re- may, at a State’s discretion, include addi- 101 of the Higher Education Act of 1965. served under subsection (a) for a fiscal year, tional indicators identified in the State plan ‘‘(11) LITERACY.—The term ‘literacy’ means the Secretary shall allot to each eligible approved under section 224. an individual’s ability to read, write, and agency having a State plan approved under ‘‘Subtitle B—State Provisions speak in English, compute, and solve prob- section 224— lems at a level of proficiency necessary to ‘‘(A) $100,000, in the case of an eligible ‘‘SEC. 221. STATE ADMINISTRATION. obtain employment and to successfully make agency serving an outlying area; and ‘‘Each eligible agency shall be responsible the transition to postsecondary education. ‘‘(B) $250,000, in the case of any other eligi- for the following activities under this title: ‘‘(12) LOCAL EDUCATIONAL AGENCY.—The ble agency. ‘‘(1) The development, submission, imple- term ‘local educational agency’ has the ‘‘(2) ADDITIONAL ALLOTMENTS.—From the mentation, and monitoring of the State plan. meaning given the term in section 9101 of the sums appropriated under section 205, not re- ‘‘(2) Consultation with other appropriate Elementary and Secondary Education Act of served under subsection (a), and not allotted agencies, groups, and individuals that are in- 1965. under paragraph (1), for a fiscal year, the volved in, or interested in, the development ‘‘(13) OUTLYING AREA.—The term ‘outlying Secretary shall allot to each eligible agency and implementation of activities assisted area’ has the meaning given the term in sec- that receives an initial allotment under under this title. tion 101 of this Act. paragraph (1) an additional amount that ‘‘(3) Coordination and avoidance of duplica- ‘‘(14) POSTSECONDARY EDUCATIONAL INSTITU- bears the same relationship to such sums as tion with other Federal and State education, TION.—The term ‘postsecondary educational the number of qualifying adults in the State training, corrections, public housing, and so- institution’ means— or outlying area served by the eligible agen- cial service programs.

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2276 CONGRESSIONAL RECORD — SENATE April 8, 2014 ‘‘SEC. 222. STATE DISTRIBUTION OF FUNDS; this Act, and other welfare-to-work, work- ‘‘(A) shall include consultation with the MATCHING REQUIREMENT. force development, and job training pro- State workforce investment board, the State ‘‘(a) STATE DISTRIBUTION OF FUNDS.—Each grams. board responsible for administering commu- eligible agency receiving a grant under this ‘‘(8) Coordination with existing support nity or technical colleges, the Governor, the title for a fiscal year— services, such as transportation, child care, State educational agency, the State board or ‘‘(1) shall use not less than 82.5 percent of and other assistance designed to increase agency responsible for administering block the grant funds to award grants and con- rates of enrollment in, and successful com- grants for temporary assistance to needy tracts under section 231 and to carry out sec- pletion of, adult education and family lit- families under title IV of the Social Security tion 225, of which not more than 10 percent of eracy education programs, for adults en- Act, the State council on disabilities, the such amount shall be available to carry out rolled in such activities. State vocational rehabilitation agency, and section 225; ‘‘(9) The development and implementation other State agencies that promote the im- ‘‘(2) shall use not more than 12.5 percent of of a system to assist in the transition from provement of adult education and family lit- the grant funds to carry out State leadership adult basic education to postsecondary edu- eracy education programs, and direct pro- activities under section 223; and cation. viders of such programs; and ‘‘(3) shall use not more than 5 percent of ‘‘(10) Activities to promote workplace lit- ‘‘(B) may include consultation with the the grant funds, or $65,000, whichever is eracy programs. State agency on higher education, institu- greater, for the administrative expenses of ‘‘(11) Other activities of statewide signifi- tions responsible for professional develop- the eligible agency. cance, including assisting eligible providers ment of adult education and family literacy ‘‘(b) MATCHING REQUIREMENT.— in achieving progress in improving the skill education programs instructors, representa- ‘‘(1) IN GENERAL.—In order to receive a levels of adults who participate in programs tives of business and industry, refugee assist- grant from the Secretary under section ance programs, and faith-based organiza- 211(b), each eligible agency shall provide, for under this title. ‘‘(12) Integration of literacy, instructional, tions; the costs to be incurred by the eligible agen- ‘‘(8) a description of the eligible agency’s cy in carrying out the adult education and and occupational skill training and promotion of linkages with employees. strategies for serving populations that in- family literacy education programs for clude, at a minimum— which the grant is awarded, a non-Federal ‘‘(b) COORDINATION.—In carrying out this section, eligible agencies shall coordinate ‘‘(A) low-income individuals; contribution in an amount that is not less ‘‘(B) individuals with disabilities; than— where possible, and avoid duplicating efforts, in order to maximize the impact of the ac- ‘‘(C) the unemployed; ‘‘(A) in the case of an eligible agency serv- ‘‘(D) the underemployed; and ing an outlying area, 12 percent of the total tivities described in subsection (a). ‘‘(c) STATE-IMPOSED REQUIREMENTS.— ‘‘(E) individuals with multiple barriers to amount of funds expended for adult edu- educational enhancement, including English cation and family literacy education pro- Whenever a State or outlying area imple- ments any rule or policy relating to the ad- learners; grams in the outlying area, except that the ‘‘(9) a description of how the adult edu- Secretary may decrease the amount of funds ministration or operation of a program authorized under this title that has the effect cation and family literacy education pro- required under this subparagraph for an eli- grams that will be carried out with any gible agency; and of imposing a requirement that is not imposed under Federal law (including any rule funds received under this title will be inte- ‘‘(B) in the case of an eligible agency serv- grated with other adult education, career de- ing a State, 25 percent of the total amount of or policy based on a State or outlying area interpretation of a Federal statute, regula- velopment, and employment and training ac- funds expended for adult education and fam- tivities in the State or outlying area served ily literacy education programs in the State. tion, or guideline), the State or outlying area shall identify, to eligible providers, the by the eligible agency; ‘‘(2) NON-FEDERAL CONTRIBUTION.—An eligi- ‘‘(10) a description of the steps the eligible ble agency’s non-Federal contribution re- rule or policy as being imposed by the State or outlying area. agency will take to ensure direct and equi- quired under paragraph (1) may be provided table access, as required in section 231(c)(1), ‘‘SEC. 224. STATE PLAN. in cash or in kind, fairly evaluated, and shall including— ‘‘(a) 3-YEAR PLANS.— include only non-Federal funds that are used ‘‘(A) how the State will build the capacity ‘‘(1) IN GENERAL.—Each eligible agency de- for adult education and family literacy edu- of community-based and faith-based organi- siring a grant under this title for any fiscal cation programs in a manner that is con- zations to provide adult education and fam- year shall submit to, or have on file with, sistent with the purpose of this title. ily literacy education programs; and the Secretary a 3-year State plan. ‘‘SEC. 223. STATE LEADERSHIP ACTIVITIES. ‘‘(B) how the State will increase the par- ‘‘(2) STATE UNIFIED PLAN.—The eligible ‘‘(a) IN GENERAL.—Each eligible agency ticipation of business and industry in adult agency may submit the State plan as part of may use funds made available under section education and family literacy education pro- a State unified plan described in section 501. 222(a)(2) for any of the following adult edu- grams; ‘‘(b) PLAN CONTENTS.—The eligible agency cation and family literacy education pro- ‘‘(11) an assessment of the adequacy of the grams: shall include in the State plan or any revi- system of the State or outlying area to en- ‘‘(1) The establishment or operation of pro- sions to the State plan— sure teacher quality and a description of how fessional development programs to improve ‘‘(1) an objective assessment of the needs of the State or outlying area will use funds re- the quality of instruction provided pursuant individuals in the State or outlying area for ceived under this subtitle to improve teacher to local activities required under section adult education and family literacy edu- quality, including evidence-based profes- 231(b). cation programs, including individuals most sional development to improve instruction; ‘‘(2) The provision of technical assistance in need or hardest to serve; and to eligible providers of adult education and ‘‘(2) a description of the adult education ‘‘(12) a description of how the eligible agen- family literacy education programs, includ- and family literacy education programs that cy will consult with any State agency re- ing for the development and dissemination of will be carried out with funds received under sponsible for postsecondary education to de- evidence based research instructional prac- this title; velop adult education that prepares students tices in reading, writing, speaking, mathe- ‘‘(3) an assurance that the funds received to enter postsecondary education without matics, and English language acquisition under this title will not be expended for any the need for remediation upon completion of programs. purpose other than for activities under this secondary school equivalency programs. ‘‘(3) The provision of assistance to eligible title; ‘‘(c) PLAN REVISIONS.—When changes in providers in developing, implementing, and ‘‘(4) a description of how the eligible agen- conditions or other factors require substan- reporting measurable progress in achieving cy will annually evaluate and measure the tial revisions to an approved State plan, the the objectives of this title. effectiveness and improvement of the adult eligible agency shall submit the revisions of ‘‘(4) The monitoring and evaluation of the education and family literacy education pro- the State plan to the Secretary. quality of, and the improvement in, adult grams funded under this title using the indi- ‘‘(d) CONSULTATION.—The eligible agency education and literacy activities. cators of performance described in section shall— ‘‘(5) The provision of technology assist- 136, including how the eligible agency will ‘‘(1) submit the State plan, and any revi- ance, including staff training, to eligible pro- conduct such annual evaluations and meas- sions to the State plan, to the Governor, the viders of adult education and family literacy ures for each grant received under this title; chief State school officer, or the State offi- education programs, including distance edu- ‘‘(5) a description of how the eligible agen- cer responsible for administering community cation activities, to enable the eligible pro- cy will fund local activities in accordance or technical colleges, or outlying area for re- viders to improve the quality of such activi- with the measurable goals described in sec- view and comment; and ties. tion 231(d); ‘‘(2) ensure that any comments regarding ‘‘(6) The development and implementation ‘‘(6) an assurance that the eligible agency the State plan by the Governor, the chief of technology applications or distance edu- will expend the funds under this title only in State school officer, or the State officer re- cation, including professional development a manner consistent with fiscal require- sponsible for administering community or to support the use of instructional tech- ments in section 241; technical colleges, and any revision to the nology. ‘‘(7) a description of the process that will State plan, are submitted to the Secretary. ‘‘(7) Coordination with other public pro- be used for public participation and com- ‘‘(e) PLAN APPROVAL.—The Secretary grams, including programs under title I of ment with respect to the State plan, which— shall—

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‘‘(1) approve a State plan within 90 days ‘‘(1) all eligible providers have direct and ‘‘(e) SPECIAL RULE.—Eligible providers may after receiving the plan unless the Secretary equitable access to apply for grants or con- use grant funds under this title to serve chil- makes a written determination within 30 tracts under this section; and dren participating in family literacy pro- days after receiving the plan that the plan ‘‘(2) the same grant or contract announce- grams assisted under this part, provided that does not meet the requirements of this sec- ment process and application process is used other sources of funds available to provide tion or is inconsistent with specific provi- for all eligible providers in the State or out- similar services for such children are used sions of this subtitle; and lying area. first. ‘‘(2) not finally disapprove of a State plan ‘‘(d) MEASURABLE GOALS.—The eligible ‘‘SEC. 232. LOCAL APPLICATION. before offering the eligible agency the oppor- agency shall require eligible providers re- ‘‘Each eligible provider desiring a grant or tunity, prior to the expiration of the 30-day ceiving a grant or contract under subsection contract under this title shall submit an ap- period beginning on the date on which the el- (a) to demonstrate— plication to the eligible agency containing igible agency received the written deter- ‘‘(1) the eligible provider’s measurable such information and assurances as the eligible agency may require, including— mination described in paragraph (1), to re- goals for participant outcomes to be ‘‘(1) a description of how funds awarded view the plan and providing technical assist- achieved annually on the core indicators of under this title will be spent consistent with ance in order to assist the eligible agency in performance described in section 136(b)(2)(A); the requirements of this title; meeting the requirements of this subtitle. ‘‘(2) the past effectiveness of the eligible ‘‘(2) a description of any cooperative ar- ‘‘SEC. 225. PROGRAMS FOR CORRECTIONS EDU- provider in improving the basic academic rangements the eligible provider has with CATION AND OTHER INSTITU- skills of adults and, for eligible providers re- other agencies, institutions, or organizations TIONALIZED INDIVIDUALS. ceiving grants in the prior year, the success ‘‘(a) PROGRAM AUTHORIZED.—From funds for the delivery of adult education and fam- of the eligible provider receiving funding made available under section 222(a)(1) for a ily literacy education programs; and under this title in exceeding its performance fiscal year, each eligible agency shall carry ‘‘(3) each of the demonstrations required goals in the prior year; out corrections education and education for by section 231(d). ‘‘(3) the commitment of the eligible pro- other institutionalized individuals. ‘‘SEC. 233. LOCAL ADMINISTRATIVE COST LIMITS. vider to serve individuals in the community ‘‘(b) USES OF FUNDS.—The funds described ‘‘(a) IN GENERAL.—Subject to subsection who are the most in need of basic academic in subsection (a) shall be used for the cost of (b), of the amount that is made available educational programs for criminal offenders skills instruction services, including individ- under this title to an eligible provider— in correctional institutions and for other in- uals with disabilities and individuals who are ‘‘(1) at least 95 percent shall be expended stitutionalized individuals, including aca- low-income or have minimal reading, writ- for carrying out adult education and family demic programs for— ing, speaking, and mathematics skills, or are literacy education programs; and ‘‘(1) basic skills education; English learners; ‘‘(2) the remaining amount shall be used ‘‘(2) special education programs as deter- ‘‘(4) the program is of sufficient intensity for planning, administration, personnel and mined by the eligible agency; and quality for participants to achieve sub- professional development, development of ‘‘(3) reading, writing, speaking, and mathe- stantial learning gains; measurable goals in reading, writing, speak- matics programs; ‘‘(5) educational practices are evidence- ing, and mathematics, and interagency co- ‘‘(4) secondary school credit or diploma based; ordination. programs or their recognized equivalent; and ‘‘(6) the activities of the eligible provider ‘‘(b) SPECIAL RULE.—In cases where the ‘‘(5) integrated education and training. effectively employ advances in technology, cost limits described in subsection (a) are ‘‘(c) PRIORITY.—Each eligible agency that and delivery systems including distance edu- too restrictive to allow for adequate plan- is using assistance provided under this sec- cation; ning, administration, personnel develop- tion to carry out a program for criminal of- ‘‘(7) the activities provide instruction in ment, and interagency coordination, the eli- fenders within a correctional institution real-life contexts, including integrated edu- gible provider may negotiate with the eligi- shall give priority to serving individuals who cation and training when appropriate, to en- ble agency in order to determine an adequate are likely to leave the correctional institu- sure that an individual has the skills needed level of funds to be used for noninstructional tion within 5 years of participation in the to compete in the workplace and exercise the purposes. program. rights and responsibilities of citizenship; ‘‘Subtitle D—General Provisions ‘‘(d) DEFINITIONS.—In this section: ‘‘(8) the activities are staffed by well- ‘‘SEC. 241. ADMINISTRATIVE PROVISIONS. ‘‘(1) CORRECTIONAL INSTITUTION.—The term trained instructors, counselors, and adminis- ‘‘Funds made available for adult education ‘correctional institution’ means any— trators who meet minimum qualifications and family literacy education programs ‘‘(A) prison; established by the State; under this title shall supplement and not ‘‘(B) jail; ‘‘(9) the activities are coordinated with supplant other State or local public funds ex- ‘‘(C) reformatory; other available resources in the community, pended for adult education and family lit- ‘‘(D) work farm; such as through strong links with elemen- eracy education programs. ‘‘(E) detention center; or tary schools and secondary schools, postsec- ‘‘SEC. 242. NATIONAL ACTIVITIES. ‘‘(F) halfway house, community-based re- ondary educational institutions, local work- ‘‘The Secretary shall establish and carry habilitation center, or any other similar in- force investment boards, one-stop centers, out a program of national activities that stitution designed for the confinement or re- job training programs, community-based and may include the following: habilitation of criminal offenders. faith-based organizations, and social service ‘‘(1) Providing technical assistance to eli- ‘‘(2) CRIMINAL OFFENDER.—The term ‘crimi- agencies; gible entities, on request, to— nal offender’ means any individual who is ‘‘(10) the activities offer flexible schedules ‘‘(A) improve their fiscal management, re- charged with, or convicted of, any criminal and support services (such as child care and search-based instruction, and reporting re- offense. transportation) that are necessary to enable quirements to carry out the requirements of ‘‘Subtitle C—Local Provisions individuals, including individuals with dis- this title; ‘‘SEC. 231. GRANTS AND CONTRACTS FOR ELIGI- abilities or other special needs, to attend and ‘‘(B) improve its performance on the core BLE PROVIDERS. complete programs; indicators of performance described in sec- ‘‘(a) GRANTS AND CONTRACTS.—From grant ‘‘(11) the activities include a high-quality tion 136; funds made available under section 222(a)(1), information management system that has ‘‘(C) provide adult education professional each eligible agency shall award multi-year the capacity to report measurable partici- development; and grants or contracts, on a competitive basis, pant outcomes (consistent with section 136) ‘‘(D) use distance education and improve to eligible providers within the State or out- and to monitor program performance; the application of technology in the class- lying area that meet the conditions and re- ‘‘(12) the local communities have a dem- room, including instruction in English lan- quirements of this title to enable the eligible onstrated need for additional English language acquisition for English learners. providers to develop, implement, and im- guage acquisition programs, and integrated ‘‘(2) Providing for the conduct of research prove adult education and family literacy education and training programs; on national literacy basic skill acquisition education programs within the State. ‘‘(13) the capacity of the eligible provider levels among adults, including the number of ‘‘(b) LOCAL ACTIVITIES.—The eligible agen- to produce valid information on performance adult English learners functioning at dif- cy shall require eligible providers receiving a results, including enrollments and measur- ferent levels of reading proficiency. grant or contract under subsection (a) to es- able participant outcomes; ‘‘(3) Improving the coordination, effi- tablish or operate— ‘‘(14) adult education and family literacy ciency, and effectiveness of adult education ‘‘(1) programs that provide adult education education programs offer rigorous reading, and workforce development services at the and literacy activities; writing, speaking, and mathematics content national, State, and local levels. ‘‘(2) programs that provide integrated edu- that are evidence based; and ‘‘(4) Determining how participation in cation and training activities; or ‘‘(15) applications of technology, and serv- adult education, English language acquisi- ‘‘(3) credit-bearing postsecondary ices to be provided by the eligible providers, tion, and family literacy education programs coursework. are of sufficient intensity and duration to in- prepares individuals for entry into and suc- ‘‘(c) DIRECT AND EQUITABLE ACCESS; SAME crease the amount and quality of learning cess in postsecondary education and employ- PROCESS.—Each eligible agency receiving and lead to measurable learning gains within ment, and in the case of prison-based serv- funds under this title shall ensure that— specified time periods. ices, the effect on recidivism.

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2278 CONGRESSIONAL RECORD — SENATE April 8, 2014 ‘‘(5) Evaluating how different types of pro- ‘‘(F) analysis of data and information de- ‘‘(B) Actively seek the cooperation of other viders, including community and faith-based scribed in subparagraphs (A) and (B) for uses Federal agencies to establish and maintain organizations or private for-profit agencies such as— mechanisms for ensuring complementarity measurably improve the skills of partici- ‘‘(i) national, State, and local policy- and nonduplication in the development and pants in adult education, English language making; operation of statistical and administrative acquisition, and family literacy education ‘‘(ii) implementation of Federal policies data collection activities. programs. (including allocation formulas); ‘‘(C) Eliminate gaps and duplication in sta- ‘‘(6) Identifying model integrated basic and ‘‘(iii) program planning and evaluation; tistical undertakings, with the workplace skills education programs, includ- and systemization of wage surveys as an early ing programs for English learners coordi- ‘‘(iv) researching labor market dynamics; priority. nated literacy and employment services, and ‘‘(G) wide dissemination of such data, in- ‘‘(D) In collaboration with the Bureau of effective strategies for serving adults with formation, and analysis in a user-friendly Labor Statistics and States, develop and disabilities. manner and voluntary technical standards maintain the elements of the workforce and ‘‘(7) Initiating other activities designed to for dissemination mechanisms; and labor market information system described improve the measurable quality and effec- ‘‘(H) programs of— in subsection (a), including the development tiveness of adult education, English lan- ‘‘(i) training for effective data dissemina- of consistent procedures and definitions for guage acquisition, and family literacy edu- tion; use by the States in collecting the data and cation programs nationwide.’’. ‘‘(ii) research and demonstration; and information described in subparagraphs (A) ‘‘(iii) programs and technical assistance. and (B) of subsection (a)(1). Subtitle C—Amendments to the Wagner- ‘‘(2) INFORMATION TO BE CONFIDENTIAL.— Peyser Act ‘‘(E) Establish procedures for the system to ‘‘(A) IN GENERAL.—No officer or employee ensure that— SEC. 466. AMENDMENTS TO THE WAGNER-PEYSER of the Federal Government or agent of the ‘‘(i) such data and information are timely; ACT. Federal Government may— ‘‘(ii) paperwork and reporting for the sys- Section 15 of the Wagner-Peyser Act (29 ‘‘(i) use any submission that is furnished tem are reduced to a minimum; and U.S.C. 49l–2) is amended to read as follows: for exclusively statistical purposes under the ‘‘(iii) States and localities are fully in- provisions of this section for any purpose ‘‘SEC. 15. WORKFORCE AND LABOR MARKET IN- volved in the development and continuous FORMATION SYSTEM. other than the statistical purposes for which improvement of the system at all levels. the submission is furnished; ‘‘(c) NATIONAL ELECTRONIC TOOLS TO PRO- ‘‘(a) SYSTEM CONTENT.— ‘‘(ii) disclose to the public any publication VIDE SERVICES.—The Secretary is authorized ‘‘(1) IN GENERAL.—The Secretary of Labor or media transmittal of the data contained to assist in the development of national elec- (referred to in this section as the ‘Sec- in the submission described in clause (i) that tronic tools that may be used to facilitate retary’), in accordance with the provisions of permits information concerning an indi- the delivery of work ready services described this section, shall oversee the development, vidual subject to be reasonably inferred by in section 134(c)(2) of the Workforce Invest- maintenance, and continuous improvement either direct or indirect means; or ment Act of 1998 (29 U.S.C. 2864(c)(2)) and to of a nationwide workforce and labor market ‘‘(iii) permit anyone other than a sworn of- provide workforce and labor market infor- information system that includes— ficer, employee, or agent of any Federal de- mation to individuals through the one-stop ‘‘(A) statistical data from cooperative sta- partment or agency, or a contractor (includ- delivery systems described in section 121 and tistical survey and projection programs and ing an employee of a contractor) of such de- through other appropriate delivery systems. data from administrative reporting systems partment or agency, to examine an indi- that, taken together, enumerate, estimate, vidual submission described in clause (i), ‘‘(d) COORDINATION WITH THE STATES.— and project employment opportunities and without the consent of the individual, agen- ‘‘(1) IN GENERAL.—The Secretary, working conditions at national, State, and local lev- cy, or other person who is the subject of the through the Bureau of Labor Statistics and els in a timely manner, including statistics submission or provides that submission. the Employment and Training Administra- on— ‘‘(B) IMMUNITY FROM LEGAL PROCESS.—Any tion, shall regularly consult with representa- ‘‘(i) employment and unemployment status submission (including any data derived from tives of State agencies carrying out work- of national, State, and local populations, in- the submission) that is collected and re- force information activities regarding strat- cluding self-employed, part-time, and sea- tained by a Federal department or agency, or egies for improving the workforce and labor sonal workers; an officer, employee, agent, or contractor of market information system. ‘‘(ii) industrial distribution of occupations, such a department or agency, for exclusively ‘‘(2) FORMAL CONSULTATIONS.—At least as well as current and projected employment statistical purposes under this section shall twice each year, the Secretary, working opportunities, wages, benefits (where data is be immune from the legal process and shall through the Bureau of Labor Statistics, shall available), and skill trends by occupation not, without the consent of the individual, conduct formal consultations regarding pro- and industry, with particular attention paid agency, or other person who is the subject of grams carried out by the Bureau of Labor to State and local conditions; the submission or provides that submission, Statistics with representatives of each of the ‘‘(iii) the incidence of, industrial and geo- be admitted as evidence or used for any pur- Federal regions of the Bureau of Labor Sta- graphical location of, and number of workers pose in any action, suit, or other judicial or tistics, elected (pursuant to a process estab- displaced by, permanent layoffs and plant administrative proceeding. lished by the Secretary) from the State di- closings; and ‘‘(C) RULE OF CONSTRUCTION.—Nothing in rectors affiliated with State agencies that ‘‘(iv) employment and earnings informa- this section shall be construed to provide im- perform the duties described in subsection tion maintained in a longitudinal manner to munity from the legal process for such sub- (e)(1). be used for research and program evaluation; mission (including any data derived from the ‘‘(e) STATE RESPONSIBILITIES.— ‘‘(B) information on State and local em- submission) if the submission is in the pos- ‘‘(1) IN GENERAL.—In order to receive Fed- ployment opportunities, and other appro- session of any person, agency, or entity eral financial assistance under this section, priate statistical data related to labor mar- other than the Federal Government or an of- the Governor of a State shall— ket dynamics, which— ficer, employee, agent, or contractor of the ‘‘(A) be responsible for the management of ‘‘(i) shall be current and comprehensive; Federal Government, or if the submission is the portions of the workforce and labor mar- ‘‘(ii) shall meet the needs identified independently collected, retained, or pro- ket information system described in sub- through the consultations described in sub- duced for purposes other than the purposes section (a) that comprise a statewide work- paragraphs (C) and (D) of subsection (e)(1); of this Act. force and labor market information system; and ‘‘(b) SYSTEM RESPONSIBILITIES.— ‘‘(B) establish a process for the oversight of ‘‘(iii) shall meet the needs for the informa- ‘‘(1) IN GENERAL.—The workforce and labor such system; tion identified in section 121(e)(1)(E) of the market information system described in sub- ‘‘(C) consult with State and local employ- Workforce Investment Act of 1998 (29 U.S.C. section (a) shall be planned, administered, ers, participants, and local workforce invest- 2841(e)(1)(E)); overseen, and evaluated through a coopera- ment boards about the labor market rel- ‘‘(C) technical standards (which the Sec- tive governance structure involving the Fed- evance of the data to be collected and dis- retary shall publish annually) for data and eral Government and States. seminated through the statewide workforce information described in subparagraphs (A) ‘‘(2) DUTIES.—The Secretary, with respect and labor market information system; and (B) that, at a minimum, meet the cri- to data collection, analysis, and dissemina- ‘‘(D) consult with State educational agen- teria of chapter 35 of title 44, United States tion of workforce and labor market informa- cies and local educational agencies con- Code; tion for the system, shall carry out the fol- cerning the provision of workforce and labor ‘‘(D) procedures to ensure compatibility lowing duties: market information in order to meet the and additivity of the data and information ‘‘(A) Assign responsibilities within the De- needs of secondary school and postsecondary described in subparagraphs (A) and (B) from partment of Labor for elements of the work- school students who seek such information; national, State, and local levels; force and labor market information system ‘‘(E) collect and disseminate for the sys- ‘‘(E) procedures to support standardization described in subsection (a) to ensure that all tem, on behalf of the State and localities in and aggregation of data from administrative statistical and administrative data collected the State, the information and data de- reporting systems described in subparagraph is consistent with appropriate Bureau of scribed in subparagraphs (A) and (B) of sub- (A) of employment-related programs; Labor Statistics standards and definitions. section (a)(1);

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‘‘(F) maintain and continuously improve Workforce Investment Act of 1998 (29 U.S.C. (5) ADMINISTRATIVE COST-SHARING AND the statewide workforce and labor market 2801).’’. QUALITY CONTROL.—Section 16(h) of the Food information system in accordance with this (2) ELIGIBLE HOUSEHOLDS.—Section 5 of the and Nutrition Act of 2008 (7 U.S.C. 2025(h)) is section; Food and Nutrition Act of 2008 (7 U.S.C. 2014) amended— ‘‘(G) perform contract and grant respon- is amended— (A) in paragraph (1)— sibilities for data collection, analysis, and (A) in subsection (d)(14) by striking ‘‘sec- (i) in subparagraph (A), by striking ‘‘carry dissemination for such system; tion 6(d)(4)(I)’’ and inserting ‘‘section out employment and training programs’’ and ‘‘(H) conduct such other data collection, 6(d)(4)(C)’’, and inserting ‘‘provide employment and training analysis, and dissemination activities as will (B) in subsection (g)(3), in the first sen- services to eligible households under section ensure an effective statewide workforce and tence, by striking ‘‘constitutes adequate par- 6(d)(4)’’; and labor market information system; ticipation in an employment and training (ii) in subparagraph (D), by striking ‘‘oper- ‘‘(I) actively seek the participation of program under section 6(d)’’ and inserting ating an employment and training program’’ other State and local agencies in data collec- ‘‘allows the individual to participate in em- and inserting ‘‘providing employment and tion, analysis, and dissemination activities ployment and training activities under sec- training services consistent with section in order to ensure complementarity, compat- tion 6(d)(4)’’. 6(d)(4)’’; ibility, and usefulness of data; (3) ELIGIBILITY DISQUALIFICATIONS.—Section (B) in paragraph (3)— ‘‘(J) participate in the development of, and 6(d)(4) of the Food and Nutrition Act of 2008 (i) by striking ‘‘participation in an employ- submit to the Secretary, an annual plan to (7 U.S.C. 2015(d)(4)) is amended to read as fol- ment and training program’’ and inserting carry out the requirements and authorities lows: ‘‘the individual participating in employment of this subsection; and ‘‘(D) EMPLOYMENT AND TRAINING.— and training activities’’; and ‘‘(K) utilize the quarterly records described ‘‘(i) IMPLEMENTATION.—Each State agency (ii) by striking ‘‘section 6(d)(4)(I)(i)(II)’’ in section 136(f)(2) of the Workforce Invest- shall provide employment and training serv- and inserting ‘‘section 6(d)(4)(C)(i)(II)’’; ment Act of 1998 (29 U.S.C. 2871(f)(2)) to assist ices authorized under section 134 of the (C) in paragraph (4), by striking ‘‘for oper- the State and other States in measuring Workforce Investment Act of 1998 (29 U.S.C. ating an employment and training program’’ State progress on State performance meas- 2864) to eligible members of households par- and inserting ‘‘to provide employment and ures. ticipating in the supplemental nutrition as- training services’’; and ‘‘(2) RULE OF CONSTRUCTION.—Nothing in sistance program in gaining skills, training, (D) by striking paragraph (5) and inserting this section shall be construed as limiting work, or experience that will increase their the following: the ability of a Governor to conduct addi- ability to obtain regular employment. ‘‘(E) MONITORING.— TATEWIDE WORKFORCE DEVELOPMENT tional data collection, analysis, and dissemi- ‘‘(ii) S ‘‘(i) IN GENERAL.—The Secretary, in con- nation activities with State funds or with SYSTEM.—Consistent with subparagraph (A), junction with the Secretary of Labor, shall Federal funds from sources other than this employment and training services shall be monitor each State agency responsible for section. provided through the statewide workforce administering employment and training ‘‘(f) NONDUPLICATION REQUIREMENT.—None development system, including the one-stop services under section 6(d)(4) to ensure funds of the functions and activities carried out delivery system authorized by the Workforce are being spent effectively and efficiently. Investment Act of 1998 (29 U.S.C. 2801 et pursuant to this section shall duplicate the ‘‘(ii) ACCOUNTABILITY.—Each program of seq.). functions and activities carried out under employment and training receiving funds ‘‘(iii) REIMBURSEMENTS.— the Carl D. Perkins Career and Technical under section 6(d)(4) shall be subject to the ‘‘(I) ACTUAL COSTS.—The State agency Education Act of 2006 (20 U.S.C. 2301 et seq.). requirements of the performance account- shall provide payments or reimbursement to ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— ability system, including having to meet the participants served under this paragraph There are authorized to be appropriated to State performance measures described in for— carry out this section $60,153,000 for fiscal section 136 of the Workforce Investment Act ‘‘(aa) the actual costs of transportation year 2015 and each of the 6 succeeding fiscal (29 U.S.C. 2871).’’. and other actual costs (other than dependent years.’’. (6) RESEARCH, DEMONSTRATION, AND EVAL- care costs) that are reasonably necessary UATIONS.—Section 17 of the Food and Nutri- Subtitle D—Repeals and Conforming and directly related to the individual par- Amendments ticipating in employment and training action Act of 2008 (7 U.S.C. 2026) is amended— SEC. 471. REPEALS. tivities; and (A) in subsection (b)— The following provisions are repealed: ‘‘(bb) the actual costs of such dependent (i) in paragraph (1)(B)(iv)(III)(dd), by strik- (1) Chapter 4 of subtitle B of title I, and care expenses as are determined by the State ing ‘‘, (4)(F)(i), or (4)(K)’’ and inserting ‘‘or sections 123, 155, 166, 167, 168, 169, 171, 173, agency to be necessary for the individual to (4)’’; and 173A, 174, 192, 194, 502, 503, and 506 of the participate in employment and training ac- (ii) by striking paragraph (3); and Workforce Investment Act of 1998, as in ef- tivities (other than an individual who is the (B) in subsection (g), in the first sentence fect on the day before the date of enactment caretaker relative of a dependent in a family in the matter preceding paragraph (1)— of the SKILLS Act. receiving benefits under part A of title IV of (i) by striking ‘‘programs established’’ and (2) Title V of the Older Americans Act of the Social Security Act (42 U.S.C. 601 et seq.) inserting ‘‘activities provided to eligible 1965 (42 U.S.C. 3056 et seq.). in a local area where an employment, train- households’’; and (3) Sections 1 through 14 of the Wagner- ing, or education program under title IV of (ii) by inserting ‘‘, in conjunction with the Peyser Act (29 U.S.C. 49 et seq.). that Act is in operation), except that no such Secretary of Labor,’’ after ‘‘Secretary’’. (4) The Twenty-First Century Workforce payment or reimbursement shall exceed the (7) MINNESOTA FAMILY INVESTMENT Commission Act (29 U.S.C. 2701 note). applicable local market rate. PROJECT.—Section 22(b)(4) of the Food and (5) Public Law 91–378, 16 U.S.C. 1701 et seq. ‘‘(II) SERVICE CONTRACTS AND VOUCHERS.— Nutrition Act of 2008 (7 U.S.C. 2031(b)(4)) is (popularly known as the ‘‘Youth Conserva- In lieu of providing reimbursements or pay- amended by striking ‘‘equivalent to those of- tion Corps Act of 1970’’). ments for dependent care expenses under fered under the employment and training (6) Section 821 of the Higher Education clause (i), a State agency may, at the option program’’. Amendments of 1998 (20 U.S.C. 1151). of the State agency, arrange for dependent (b) AMENDMENTS TO SECTION 412 OF THE IM- (7) The Women in Apprenticeship and Non- care through providers by the use of pur- MIGRATION AND NATIONALITY ACT.— traditional Occupations Act (29 U.S.C. 2501 et chase of service contracts or vouchers or by (1) CONDITIONS AND CONSIDERATIONS.—Sec- seq.). providing vouchers to the household. tion 412(a) of the Immigration and Nation- (8) Sections 4103A and 4104 of title 38, ‘‘(III) VALUE OF REIMBURSEMENTS.—The ality Act (8 U.S.C. 1522(a)) is amended— United States Code. value of any dependent care services pro- (A) in paragraph (1)— SEC. 472. AMENDMENTS TO OTHER LAWS. vided for or arranged under clause (ii), or (i) in subparagraph (A)(i), by striking (a) AMENDMENTS TO THE FOOD AND NUTRI- any amount received as a payment or reim- ‘‘make available sufficient resources for em- TION ACT OF 2008.— bursement under clause (i), shall— ployment training and placement’’ and in- (1) DEFINITION.—Section 3(t) of the Food ‘‘(aa) not be treated as income for the pur- serting ‘‘provide refugees with the oppor- and Nutrition Act of 2008 (7 U.S.C. 2012(t)) is poses of any other Federal or federally as- tunity to access employment and training amended— sisted program that bases eligibility for, or services, including job placement,’’; and (A) by striking ‘‘means (1) the agency’’ and the amount of benefits on, need; and (ii) in subparagraph (B)(ii), by striking inserting the following: ‘‘means— ‘‘(bb) not be claimed as an employment-re- ‘‘services;’’ and inserting ‘‘services provided ‘‘(A) the agency’’; lated expense for the purposes of the credit through the Workforce Investment Act of (B) by striking ‘‘programs, and (2) the trib- provided under section 21 of the Internal 1998 (29 U.S.C. 2801 et seq.);’’; al’’ and inserting the following: ‘‘programs; Revenue Code of 1986 (26 U.S.C. 21).’’. (B) in paragraph (2)(C)(iii)(II), by inserting ‘‘(B) the tribal’’; and (4) ADMINISTRATION.—Section 11(e)(19) of ‘‘and training’’ after ‘‘employment’’; (C) by striking ‘‘this Act.’’ and inserting the Food and Nutrition Act of 2008 (7 U.S.C. (C) in paragraph (6)(A)(ii)— the following: ‘‘this Act; and 2020(e)(11) is amended to read as follows: (i) by striking ‘‘insure’’ and inserting ‘‘en- ‘‘(C) in the context of employment and ‘‘(S) the plans of the State agency for pro- sure’’; training activities under section 6(d)(4), a viding employment and training services (ii) by inserting ‘‘and training’’ after ‘‘em- State board as defined in section 101 of the under section 6(d)(4);’’. ployment’’; and

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2280 CONGRESSIONAL RECORD — SENATE April 8, 2014 (iii) by inserting after ‘‘available’’ the fol- ‘‘(I) making employment and training of the Workforce Investment Act of 1998 (29 lowing: ‘‘through the one-stop delivery sys- services available to prisoners prior to and U.S.C. 2811 et seq.), including a one-stop de- tem under section 121 of the Workforce In- immediately following the release of such livery system under section 121 of such Act vestment Act of 1998 (29 U.S.C. 2841)’’; and prisoners; or (29 U.S.C. 2841);’’; and (D) in paragraph (9), by inserting ‘‘the Sec- ‘‘(II) providing prisoners with access by re- (4) in subsection (k)— retary of Labor,’’ after ‘‘Education,’’. mote means to a one-stop delivery system (A) in paragraph (1)(A), by inserting ‘‘, in (2) PROGRAM OF INITIAL RESETTLEMENT.— under section 121 of the Workforce Invest- accordance with paragraph (2)’’ after ‘‘under Section 412(b)(2) of such Act (8 U.S.C. ment Act of 1998 (29 U.S.C. 2841) in the State this section’’; 1522(b)(2)) is amended— in which the prison involved is located. (B) by redesignating paragraphs (2) and (3) (A) by striking ‘‘orientation, instruction’’ ‘‘(ii) SERVICE DEFINED.—In this paragraph, as paragraphs (3) and (4), respectively; and and inserting ‘‘orientation and instruction’’; the term ‘employment and training services’ (C) by inserting after paragraph (1) the fol- and means those services described in section 134 lowing new paragraph: (B) by striking ‘‘, and job training for refu- of the Workforce Investment Act of 1998 (29 ‘‘(B) EMPLOYMENT AND TRAINING.—The At- gees, and such other education and training U.S.C. 2864) offered by the Bureau of Prisons, torney General shall require each grantee of refugees, as facilitates’’ and inserting ‘‘for including— under this section to measure the core indi- refugees to facilitate’’. ‘‘(I) the skills assessment described in sub- cators of performance as described in section (3) PROJECT GRANTS AND CONTRACTS FOR section (a)(1)(A); 136(b)(2)(A) of the Workforce Investment Act SERVICES FOR REFUGEES.—Section 412(c) of ‘‘(II) the skills development plan described of 1998 (29 U.S.C. 2871(b)(2)(A)) with respect such Act (8 U.S.C. 1522(c)) is amended— in subsection (a)(1)(B); and to the program of such grantee funded with (A) in paragraph (1)— ‘‘(III) the enhancement, development, and a grant under this section.’’. implementation of reentry and skills devel- (i) in subparagraph (A)(i), by inserting (e) CONFORMING AMENDMENTS TO TITLE 38, opment programs.’’. ‘‘and training’’ after ‘‘employment’’; and UNITED STATES CODE.—Title 38, United (2) DUTIES OF THE BUREAU OF PRISONS.—Sec- (ii) by striking subparagraph (C); States Code, is amended— tion 4042(a) of title 18, United States Code, is (B) in paragraph (2)(B), by striking ‘‘para- (1) in section 3672(d)(1), by striking ‘‘dis- amended— graph—’’ and all that follows through ‘‘in a abled veterans’ outreach program specialists manner’’ and inserting ‘‘paragraph in a man- (A) by redesignating subparagraphs (D) and (E), as added by section 231(d)(1)(C) of the under section 4103A’’ and inserting ‘‘veteran ner’’; and employment specialists appointed under sec- (C) by adding at the end the following: Second Chance Act of 2007 (Public Law 110– 199; 122 Stat. 685), as paragraphs (6) and (7), tion 134(f) of the Workforce Investment Act ‘‘(C) In carrying out this section, the Di- of 1998’’; rector shall ensure that employment and respectively, and adjusting the margin accordingly; (2) in the table of sections at the beginning training services are provided through the of chapter 41, by striking the items relating statewide workforce development system, as (B) in paragraph (6), as so redesignated, by redesignating clauses (i) and (ii) as subpara- to sections 4103A and 4104; appropriate, authorized by the Workforce In- (3) in section 4102A— vestment Act of 1998 (29 U.S.C. 2801 et seq.). graphs (A) and (B), respectively, and adjusting the margin accordingly; (A) in subsection (b)— Such action may include— (i) by striking paragraphs (5), (6), and (7); ‘‘(i) making employment and training ac- (C) in paragraph (7), as so redesignated— (i) in clause (ii), by striking ‘‘Employ- and tivities described in section 134 of such Act ment’’ and inserting ‘‘Employment and (ii) by redesignating paragraph (8) as para- (29 U.S.C. 2864) available to refugees; and training services (as defined in paragraph (6) graph (5); ‘‘(ii) providing refugees with access to a of section 231(d) of the Second Chance Act of (B) by striking subsections (c) and (h); one-stop delivery system established under 2007), including basic skills attainment, con- (C) by redesignating subsections (d), (e), section 121 of such Act (29 U.S.C. 2841).’’. sistent with such paragraph’’; and (f), and (g) as subsections (c), (d), (e), and (f); (4) CASH ASSISTANCE AND MEDICAL ASSIST- (ii) by striking clause (iii); and and ANCE TO REFUGEES.—Section 412(e) of such (D) by redesignating clauses (i), (ii), (iv), (D) in subsection (e)(1) (as so redesig- Act (8 U.S.C. 1522(e)) is amended— (v), (vi), and (vii) as subparagraphs (A), (B), nated)— (A) in paragraph (2)(A)(i), by inserting (C), (D), (E), and (F), respectively, and ad- (i) by striking ‘‘, including disabled vet- ‘‘and training’’ after ‘‘providing employ- justing the margin accordingly. erans’ outreach program specialists and local ment’’; and (d) AMENDMENTS TO THE OMNIBUS CRIME veterans’ employment representatives pro- (B) in paragraph (3), by striking ‘‘The’’ and CONTROL AND SAFE STREETS ACT OF 1968.— viding employment, training, and placement inserting ‘‘Consistent with subsection (c)(3), Section 2976 of the Omnibus Crime Control services under this chapter in a State’’; and the’’. and Safe Streets Act of 1968 (42 U.S.C. 3797w) (ii) by striking ‘‘for purposes of subsection (c) AMENDMENTS RELATING TO THE SECOND is amended— (c)’’; CHANCE ACT OF 2007.— (1) in subsection (b)— (4) in section 4104A— (1) FEDERAL PRISONER REENTRY INITIA- (A) in paragraph (1), by striking ‘‘voca- (A) in subsection (b)(1), by striking sub- TIVE.—Section 231 of the Second Chance Act tional’’ and inserting ‘‘career and technical paragraph (A) and inserting the following: of 2007 (42 U.S.C. 17541) is amended— education (as defined in section 3 of the Carl ‘‘(i) the appropriate veteran employment (A) in subsection (a)(1)(E)— D. Perkins Career and Technical Education specialist (in carrying out the functions de- (i) by inserting ‘‘the Department of Labor Act of 2006 (20 U.S.C. 2302)) and training’’; scribed in section 134(f) of the Workforce In- and’’ before ‘‘other Federal agencies’’; and (B) by redesignating paragraphs (4), (5), (6), vestment Act of 1998);’’; and (ii) by inserting ‘‘State and local workforce and (7) as paragraphs (5), (6), (7), and (8), re- (B) in subsection (c)(1), by striking sub- investment boards,’’ after ‘‘community- spectively; and paragraph (A) and inserting the following: based organizations,’’; (C) by inserting after paragraph (3) the fol- ‘‘(i) collaborate with the appropriate vet- (B) in subsection (c)— lowing new paragraph: eran employment specialist (as described in (i) in paragraph (2), by striking at the end ‘‘(D) coordinating employment and train- section 134(f)) and the appropriate State ‘‘and’’; ing services provided through the statewide boards and local boards (as such terms are (ii) in paragraph (3), by striking at the end workforce investment system under subtitle defined in section 101 of the Workforce In- the period and inserting ‘‘; and’’; and B of title I of the Workforce Investment Act vestment Act of 1998 (29 U.S.C. 2801));’’; (iii) by adding at the end the following new of 1998 (29 U.S.C. 2811 et seq.), including a (5) in section 4109— paragraph: one-stop delivery system under section 121 of (A) in subsection (a), by striking ‘‘disabled ‘‘(D) to coordinate reentry programs with such Act (29 U.S.C. 2841), for offenders upon veterans’ outreach program specialists and the employment and training services pro- release from prison, jail, or a juvenile facil- local veterans’ employment representative’’ vided through the statewide workforce in- ity, as appropriate;’’; and inserting ‘‘veteran employment special- vestment system under subtitle B of title I (2) in subsection (d)(2), by inserting ‘‘, in- ists appointed under section 134(f) of the of the Workforce Investment Act of 1998 (29 cluding local workforce investment boards Workforce Investment Act of 1998’’; and U.S.C. 2811 et seq.).’’; and established under section 117 of the Work- (B) in subsection (d)(1), by striking ‘‘dis- (C) in subsection (d), by adding at the end force Investment Act of 1998 (29 U.S.C. 2832),’’ abled veterans’ outreach program specialists the following new paragraph: after ‘‘nonprofit organizations’’; and local veterans’ employment representa- ‘‘(F) INTERACTION WITH THE WORKFORCE IN- (3) in subsection (e)— tives’’ and inserting ‘‘veteran employment VESTMENT SYSTEM.— (A) in paragraph (3), by striking ‘‘victims specialists appointed under section 134(f) of ‘‘(i) IN GENERAL.—In carrying out this sec- services, and employment services’’ and in- the Workforce Investment Act of 1998’’; and tion, the Director shall ensure that employ- serting ‘‘and victim services’’; (6) in section 4112(d)— ment and training services, including such (B) by redesignating paragraphs (4) and (5) (A) in paragraph (1), by striking ‘‘disabled employment and services offered through re- as paragraphs (5) and (6), respectively; and veterans’ outreach program specialist’’ and entry programs, are provided, as appropriate, (C) by inserting after paragraph (3) the fol- inserting ‘‘veteran employment specialist through the statewide workforce investment lowing new paragraph: appointed under section 134(f) of the Work- system under subtitle B of title I of the ‘‘(D) provides employment and training force Investment Act of 1998’’; and Workforce Investment Act of 1998 (29 U.S.C. services through the statewide workforce in- (B) by striking paragraph (2) and redesig- 2811 et seq.), which may include— vestment system under subtitle B of title I nating paragraph (3) as paragraph (2).

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(f) COMPREHENSIVE ENVIRONMENTAL RE- ‘‘Sec. 184. Fiscal controls; sanctions. ‘‘Sec. 406. Professional development and spe- SPONSE, COMPENSATION, AND LIABILITY ACT OF ‘‘Sec. 185. Reports; recordkeeping; investiga- cial projects and demonstra- 1980.—Section 104(k)(6)(A) of the Comprehen- tions. tions. sive Environmental Response, Compensa- ‘‘Sec. 186. Administrative adjudication. ‘‘Sec. 407. National Council on Disability. tion, and Liability Act of 1980 (42 U.S.C. ‘‘Sec. 187. Judicial review. ‘‘Sec. 408. Rights and advocacy. 9604(k)(6)(A)) is amended by striking ‘‘train- ‘‘Sec. 188. Nondiscrimination. ‘‘Sec. 409. Employment opportunities for in- ing, research, and’’ and inserting ‘‘research ‘‘Sec. 189. Administrative provisions. dividuals with disabilities. and’’. ‘‘Sec. 190. References. ‘‘Sec. 410. Independent living services and SEC. 473. CONFORMING AMENDMENT TO TABLE ‘‘Sec. 191. State legislative authority. centers for independent living. OF CONTENTS. ‘‘Sec. 193. Transfer of Federal equity in ‘‘Sec. 411. Repeal. The table of contents in section 1(b) is State employment security real ‘‘Sec. 412. Helen Keller National Center Act. amended to read as follows: property to the States. ‘‘Sec. 413. President’s Committee on Em- ‘‘(b) TABLE OF CONTENTS.—The table of ‘‘Sec. 195. General program requirements. ployment of People With Dis- contents for this Act is as follows: ‘‘Sec. 196. Federal agency staff. abilities. ‘‘Sec. 1. Short title; table of contents. ‘‘Sec. 197. Restrictions on lobbying and po- ‘‘Sec. 414. Conforming amendments. litical activities. ‘‘TITLE I—WORKFORCE INVESTMENT ‘‘TITLE V—GENERAL PROVISIONS SYSTEMS ‘‘Subtitle F—Repeals and Conforming ‘‘Sec. 501. State unified plan. Amendments ‘‘Subtitle A—Workforce Investment ‘‘Sec. 504. Privacy. Definitions ‘‘Sec. 199. Repeals. ‘‘Sec. 505. Buy-American requirements. ‘‘Sec. 199A. Conforming amendments. ‘‘Sec. 507. Effective date.’’. ‘‘Sec. 101. Definitions. ‘‘TITLE II—ADULT EDUCATION AND Subtitle E—Amendments to the ‘‘Subtitle B—Statewide and Local Workforce FAMILY LITERACY EDUCATION Rehabilitation Act of 1973 Investment Systems ‘‘Sec. 201. Short title. ‘‘Sec. 106. Purpose. SEC. 476. FINDINGS. ‘‘Sec. 202. Purpose. Section 2(a) of the Rehabilitation Act of ‘‘CHAPTER 1—STATE PROVISIONS ‘‘Sec. 203. Definitions. 1973 (29 U.S.C. 701(a)) is amended— ‘‘Sec. 111. State workforce investment ‘‘Sec. 204. Home schools. (1) in paragraph (5), by striking ‘‘and’’ at boards. ‘‘Sec. 205. Authorization of appropriations. the end; ‘‘Sec. 112. State plan. ‘‘Subtitle A—Federal Provisions (2) in paragraph (6), by striking the period ‘‘CHAPTER 2—LOCAL PROVISIONS ‘‘Sec. 211. Reservation of funds; grants to el- and inserting ‘‘; and’’; and ‘‘Sec. 116. Local workforce investment igible agencies; allotments. (3) by adding at the end the following: areas. ‘‘Sec. 212. Performance accountability sys- ‘‘(7) there is a substantial need to improve ‘‘Sec. 117. Local workforce investment tem. and expand services for students with disabilities under this Act.’’. boards. ‘‘Subtitle B—State Provisions ‘‘Sec. 118. Local plan. SEC. 477. REHABILITATION SERVICES ADMINIS- ‘‘Sec. 221. State administration. TRATION. ‘‘CHAPTER 3—WORKFORCE INVESTMENT ‘‘Sec. 222. State distribution of funds; (a) REHABILITATION SERVICES ADMINISTRA- ACTIVITIES PROVIDERS matching requirement. TION.—The Rehabilitation Act of 1973 (29 ‘‘Sec. 121. Establishment of one-stop deliv- ‘‘Sec. 223. State leadership activities. U.S.C. 701 et seq.) is amended— ery systems. ‘‘Sec. 224. State plan. (1) in section 3(a) (29 U.S.C. 702(a))— ‘‘Sec. 122. Identification of eligible providers ‘‘Sec. 225. Programs for corrections edu- (A) by striking ‘‘Office of the Secretary’’ of training services. cation and other institutional- and inserting ‘‘Department of Education’’; ‘‘CHAPTER 5—EMPLOYMENT AND TRAINING ized individuals. (B) by striking ‘‘President by and with the ACTIVITIES ‘‘Subtitle C—Local Provisions advice and consent of the Senate’’ and in- ‘‘Sec. 131. General authorization. ‘‘Sec. 231. Grants and contracts for eligible serting ‘‘Secretary’’; and ‘‘Sec. 132. State allotments. providers. (C) by striking ‘‘, and the Commissioner ‘‘Sec. 133. Within State allocations. ‘‘Sec. 232. Local application. shall be the principal officer,’’; ‘‘Sec. 134. Use of funds for employment and ‘‘Sec. 233. Local administrative cost limits. (2) by striking ‘‘Commissioner’’ each place it appears (except in section 21) and inserting training activities. ‘‘Subtitle D—General Provisions ‘‘CHAPTER 6—GENERAL PROVISIONS ‘‘Director’’; ‘‘Sec. 241. Administrative provisions. (3) in section 12(c) (29 U.S.C. 709(c)), by ‘‘Sec. 136. Performance accountability sys- ‘‘Sec. 242. National activities. striking ‘‘Commissioner’s’’ and inserting tem. ‘‘TITLE III—WORKFORCE INVESTMENT- ‘‘Director’s’’; ‘‘Sec. 137. Authorization of appropriations. RELATED ACTIVITIES (4) in section 21 (29 U.S.C. 718)— ‘‘Subtitle C—Job Corps ‘‘Subtitle A—Wagner-Peyser Act (A) in subsection (b)(1)— ‘‘Sec. 141. Purposes. (i) by striking ‘‘Commissioner’’ the first ‘‘Sec. 301. Definitions. ‘‘Sec. 142. Definitions. place it appears and inserting ‘‘Director of ‘‘Sec. 302. Functions. ‘‘Sec. 143. Establishment. the Rehabilitation Services Administra- ‘‘Sec. 303. Designation of State agencies. ‘‘Sec. 144. Individuals eligible for the Job tion’’; ‘‘Sec. 304. Appropriations. Corps. (ii) by striking ‘‘(referred to in this sub- ‘‘Sec. 305. Disposition of allotted funds. ‘‘Sec. 145. Recruitment, screening, selection, section as the ‘Director’)’’; and ‘‘Sec. 306. State plans. and assignment of enrollees. (iii) by striking ‘‘The Commissioner and ‘‘Sec. 307. Repeal of Federal advisory coun- ‘‘Sec. 146. Enrollment. the Director’’ and inserting ‘‘Both such Di- cil. ‘‘Sec. 147. Job Corps centers. rectors’’; and ‘‘Sec. 308. Regulations. ‘‘Sec. 148. Program activities. (B) by striking ‘‘the Commissioner and the ‘‘Sec. 309. Employment statistics. ‘‘Sec. 149. Counseling and job placement. Director’’ each place it appears and inserting ‘‘Sec. 310. Technical amendments. ‘‘Sec. 150. Support. ‘‘both such Directors’’; ‘‘Sec. 311. Effective date. ‘‘Sec. 151. Operations. (5) in the heading for subparagraph (B) of ‘‘Sec. 152. Standards of conduct. ‘‘Subtitle B—Linkages With Other Programs section 100(d)(2) (29 U.S.C. 720(d)(2)), by strik- ‘‘Sec. 153. Community participation. ‘‘Sec. 321. Trade Act of 1974. ing ‘‘COMMISSIONER’’ and inserting ‘‘DIREC- ‘‘Sec. 154. Workforce councils. ‘‘Sec. 322. Veterans’ employment programs. TOR’’; ‘‘Sec. 156. Technical assistance to centers. ‘‘Sec. 323. Older Americans Act of 1965. (6) in section 401(a)(1) (29 U.S.C. 781(a)(1)), ‘‘Sec. 157. Application of provisions of Fed- ‘‘Subtitle D—Application of Civil Rights and by inserting ‘‘of the National Institute on eral law. Labor-Management Laws to the Smithso- Disability and Rehabilitation Research’’ ‘‘Sec. 158. Special provisions. nian Institution after ‘‘Director’’; ‘‘Sec. 159. Performance accountability and (7) in the heading for section 706 (29 U.S.C. ‘‘Sec. 341. Application of civil rights and management. 796d–1), by striking ‘‘ ’’ and in- labor-management laws to the COMMISSIONER ‘‘Sec. 160. General provisions. serting ‘‘ ’’; and Smithsonian Institution. DIRECTOR ‘‘Sec. 161. Authorization of appropriations. (8) in the heading for paragraph (3) of sec- ‘‘TITLE IV—REHABILITATION ACT ‘‘Subtitle D—National Programs tion 723(a) (29 U.S.C. 796f–2(a)), by striking AMENDMENTS OF 1998 ‘‘COMMISSIONER’’ and inserting ‘‘DIRECTOR’’. ‘‘Sec. 170. Technical assistance. ‘‘Sec. 401. Short title. (b) EFFECTIVE DATE; APPLICATION.—The ‘‘Sec. 172. Evaluations. ‘‘Sec. 402. Title. amendments made by subsection (a) shall— ‘‘Subtitle E—Administration ‘‘Sec. 403. General provisions. (1) take effect on the date of the enactment ‘‘Sec. 181. Requirements and restrictions. ‘‘Sec. 404. Vocational rehabilitation serv- of this Act; and ‘‘Sec. 182. Prompt allocation of funds. ices. (2) apply with respect to the appointments ‘‘Sec. 183. Monitoring. ‘‘Sec. 405. Research and training. of Directors of the Rehabilitation Services

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2282 CONGRESSIONAL RECORD — SENATE April 8, 2014 Administration made on or after the date of ‘‘(ii) include an assessment of the transi- strategies, and technical assistance to stu- enactment of this Act, and the Directors so tion services provided under this Act, and co- dents with disabilities; appointed. ordinated with transition services provided ‘‘(iv) support the provision of training and SEC. 478. DEFINITIONS. under the Individuals with Disabilities Edu- technical assistance to State and local edu- Section 7 of the Rehabilitation Act of 1973 cation Act (20 U.S.C. 1400 et seq.), about the cational agencies and designated State agen- (29 U.S.C. 705) is amended— extent to which those 2 types of services cy personnel responsible for the planning and (1) by redesignating paragraphs (35) meet the needs of individuals with disabil- provision of services to students with dis- through (39) as paragraphs (36) through (40), ities;’’; abilities; and respectively; (B) in subparagraph (B)(ii), by striking ‘‘(v) support outreach activities to stu- (2) in subparagraph (A)(ii) of paragraph (36) ‘‘and under part B of title VI’’; and dents with disabilities who are eligible for, (as redesignated by paragraph (1)), by strik- (C) in subparagraph (D)— and need, services under this title.’’. (i) by redesignating clauses (iii), (iv), and ing ‘‘paragraph (36)(C)’’ and inserting ‘‘para- SEC. 482. SCOPE OF SERVICES. (v) as clauses (iv), (v), and (vi), respectively; graph (37)(C)’’; and Section 103 of the Rehabilitation Act of (3) by inserting after paragraph (34) the fol- (ii) by inserting after clause (ii) the following: 1973 (29 U.S.C. 723) is amended— lowing: (1) in subsection (a), by striking paragraph ‘‘(35)(A) The term ‘student with a dis- ‘‘(iii) the methods to be used to improve and expand vocational rehabilitation serv- (15) and inserting the following: ability’ means an individual with a dis- ‘‘(15) transition services for students with ability who— ices for students with disabilities, including the coordination of services designed to fa- disabilities, that facilitate the achievement ‘‘(i) is not younger than 16 and not older of the employment outcome identified in the than 21; cilitate the transition of such students from the receipt of educational services in school individualized plan for employment involved, ‘‘(ii) has been determined to be eligible including services described in clauses (i) under section 102(a) for assistance under this to the receipt of vocational rehabilitation services under this title or to postsecondary through (iii) of section 101(a)(26)(B);’’; title; and (2) in subsection (b), by striking paragraph ‘‘(iii)(I) is eligible for, and is receiving, spe- education or employment;’’; and (iii) in clause (v), as redesignated by clause (6) and inserting the following: cial education under part B of the Individ- ‘‘(6)(A)(i) Consultation and technical as- uals with Disabilities Education Act (20 (i) of this subparagraph, by striking ‘‘evaluation standards’’ and inserting ‘‘performance sistance services to assist State and local U.S.C. 1411 et seq.); or educational agencies in planning for the ‘‘(II) is an individual with a disability, for standards’’; (4) in paragraph (22)— transition of students with disabilities from purposes of section 504. school to post-school activities, including ‘‘(B) The term ‘students with disabilities’ (A) in the paragraph heading, by striking ‘‘STATE PLAN SUPPLEMENT’’; employment. means more than 1 student with a dis- (B) by striking ‘‘carrying out part B of ‘‘(ii) Training and technical assistance de- ability.’’. title VI, including’’; and scribed in section 101(a)(26)(B)(iv). SEC. 479. CARRYOVER. (C) by striking ‘‘that part to supplement ‘‘(B) Services for groups of individuals with Section 19(a)(1) of the Rehabilitation Act funds made available under part B of’’; disabilities who meet the requirements of of 1973 (29 U.S.C. 716(a)(1)) is amended by (5) in paragraph (24)— clauses (i) and (iii) of section 7(35)(A), includ- striking ‘‘part B of title VI,’’. (A) in the paragraph heading, by striking ing services described in clauses (i), (ii), (iii), SEC. 480. TRADITIONALLY UNDERSERVED POPU- ‘‘CONTRACTS’’ and inserting ‘‘GRANTS’’; and and (v) of section 101(a)(26)(B), to assist in LATIONS. (B) in subparagraph (A)— the transition from school to post-school ac- Section 21 of the Rehabilitation Act of 1973 (i) in the subparagraph heading, by strik- tivities.’’; and (29 U.S.C. 718) is amended, in paragraphs (1) ing ‘‘CONTRACTS’’ and inserting ‘‘GRANTS’’; (3) in subsection (b), by inserting at the and (2)(A) of subsection (b), and in subsection and end the following: (c), by striking ‘‘VI,’’. (ii) by striking ‘‘part A of title VI’’ and in- ‘‘(7) The establishment, development, or SEC. 481. STATE PLAN. serting ‘‘section 109A’’; and improvement of assistive technology dem- Section 101(a) of the Rehabilitation Act of (6) by adding at the end the following: onstration, loan, reutilization, or financing 1973 (29 U.S.C. 721(a)) is amended— ‘‘(25) COLLABORATION WITH INDUSTRY.—The programs in coordination with activities au- (1) in paragraph (10)— State plan shall describe how the designated thorized under the Assistive Technology Act (A) in subparagraph (B), by striking ‘‘on State agency will carry out the provisions of of 1998 (29 U.S.C. 3001 et seq.) to promote ac- the eligible individuals’’ and all that follows section 109A, including— cess to assistive technology for individuals and inserting ‘‘of information necessary to ‘‘(A) the criteria such agency will use to with disabilities and employers.’’. assess the State’s performance on the core award grants under such section; and SEC. 483. STANDARDS AND INDICATORS. indicators of performance described in sec- ‘‘(B) how the activities carried out under tion 136(b)(2)(A) of the Workforce Investment such grants will be coordinated with other (a) IN GENERAL.—Section 106 of the Reha- Act of 1998 (29 U.S.C. 2871(b)(2)(A)).’’; and services provided under this title. bilitation Act of 1973 (29 U.S.C. 726) is amend- (B) in subparagraph (E)(ii), by striking ‘‘, ‘‘(26) SERVICES FOR STUDENTS WITH DISABIL- ed— to the extent the measures are applicable to ITIES.—The State plan shall provide an as- (1) in the section heading, by striking individuals with disabilities’’; surance satisfactory to the Secretary that ‘‘EVALUATION STANDARDS’’ and inserting ‘‘PER- (2) in paragraph (11)— the State— FORMANCE STANDARDS’’; (A) in subparagraph (D)(i), by inserting be- ‘‘(A) has developed and implemented strat- (2) by striking subsection (a) and inserting fore the semicolon the following: ‘‘, which egies to address the needs identified in the the following: may be provided using alternative means of assessments described in paragraph (15), and ‘‘(a) STANDARDS AND INDICATORS.—The per- meeting participation (such as participation achieve the goals and priorities identified by formance standards and indicators for the through video conferences and conference the State in that paragraph, to improve and vocational rehabilitation program carried calls)’’; and expand vocational rehabilitation services for out under this title— (B) by adding at the end the following: students with disabilities on a statewide ‘‘(1) shall be subject to paragraphs (2)(A) ‘‘(G) COORDINATION WITH ASSISTIVE TECH- basis in accordance with paragraph (15); and and (3) of section 136(b) of the Workforce In- NOLOGY PROGRAMS.—The State plan shall in- ‘‘(B) from funds reserved under section vestment Act of 1998 (29 U.S.C. 2871(b)); and clude an assurance that the designated State 110A, shall carry out programs or activities ‘‘(2) may, at a State’s discretion, include unit and the lead agency or implementing designed to improve and expand vocational additional indicators identified in the State entity responsible for carrying out duties rehabilitation services for students with dis- plan submitted under section 101.’’; and under the Assistive Technology Act of 1998 abilities that— (3) in subsection (b)(2)(B), by striking (29 U.S.C. 3001 et seq.) have developed work- ‘‘(i) facilitate the transition of students clause (i) and inserting the following: ing relationships and coordinate their activi- with disabilities from the receipt of edu- ‘‘(i) on a biannual basis, review the pro- ties.’’; cational services in school, to the receipt of gram improvement efforts of the State and, (3) in paragraph (15)— vocational rehabilitation services under this if the State has not improved its perform- (A) in subparagraph (A)— title, including, at a minimum, those serv- ance to acceptable levels, as determined by (i) in clause (i)— ices specified in the interagency agreement the Director, direct the State to make revi- (I) in subclause (II), by striking ‘‘and’’ at required in paragraph (11)(D); sions to the plan to improve performance; the end; ‘‘(ii) improve the achievement of post- and’’. (II) in subclause (III), by adding ‘‘and’’ at school goals of students with disabilities, in- (b) CONFORMING AMENDMENTS.—Section 107 the end; and cluding improving the achievement through of the Rehabilitation Act of 1973 (29 U.S.C. (III) by adding at the end the following: participation (as appropriate when career 727) is amended— ‘‘(IV) students with disabilities, including goals are discussed) in meetings regarding (1) in subsections (a)(1)(B) and (b)(2), by their need for transition services;’’; individualized education programs developed striking ‘‘evaluation standards’’ and insert- (ii) by redesignating clauses (ii) and (iii) as under section 614 of the Individuals with Dis- ing ‘‘performance standards’’; and clauses (iii) and (iv), respectively; and abilities Education Act (20 U.S.C. 1414); (2) in subsection (c)(1)(B), by striking ‘‘an (iii) by inserting after clause (i) the fol- ‘‘(iii) provide career guidance, career ex- evaluation standard’’ and inserting ‘‘a per- lowing: ploration services, job search skills and formance standard’’.

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 8, 2014 CONGRESSIONAL RECORD — SENATE S2283 SEC. 484. EXPENDITURE OF CERTAIN AMOUNTS. designating subparagraph (D) as subpara- (B) in subsection (d)(1)(B), by striking Section 108(a) of the Rehabilitation Act of graph (E) and inserting after subparagraph ‘‘2003’’ and inserting ‘‘2021’’; 1973 (29 U.S.C. 728(a)) is amended by striking (C) the following: (2) in section 110(c) (29 U.S.C. 730(c)), by ‘‘under part B of title VI, or’’. ‘‘(D) The Secretary shall make grants to amending paragraph (2) to read as follows: the protection and advocacy system serving SEC. 485. COLLABORATION WITH INDUSTRY. ‘‘(2) The sum referred to in paragraph (1) The Rehabilitation Act of 1973 is amended the American Indian Consortium under the shall be, as determined by the Secretary, not by inserting after section 109 (29 U.S.C. 728a) Developmental Disabilities and Bill of the following: Rights Act of 2000 (42 U.S.C. 15001 et seq.) to less than 1 percent and not more than 1.5 percent of the amount referred to in para- ‘‘SEC. 109A. COLLABORATION WITH INDUSTRY. provide services in accordance with this sec- graph (1) for each of fiscal years 2015 through ‘‘(a) ELIGIBLE ENTITY DEFINED.—For the tion, as determined by the Secretary. The purposes of this section, the term ‘eligible amount of such grants shall be the same as 2020.’’; entity’ means a for-profit business, alone or the amount provided to territories under (3) in section 112(h) (29 U.S.C. 732(h)), by in partnership with one or more of the fol- this subsection.’’. striking ‘‘such sums as may be necessary for lowing: SEC. 488. RESEARCH. fiscal years 1999 through 2003’’ and inserting ‘‘(1) Community rehabilitation program Section 204(a)(2)(A) of the Rehabilitation ‘‘$11,600,000 for fiscal year 2015 and each of providers. Act of 1973 (29 U.S.C. 764(a)(2)(A)) is amended the 6 succeeding fiscal years’’; ‘‘(2) Indian tribes. by striking ‘‘VI,’’. (4) by amending subsection (a) of section ‘‘(3) Tribal organizations. SEC. 489. TITLE III AMENDMENTS. 201 (29 U.S.C. 761(a)) to read as follows: ‘‘(a) ‘‘(b) AUTHORITY.—A State shall use not less Title III of the Rehabilitation Act of 1973 There are authorized to be appropriated than one-half of one percent of the payment (29 U.S.C. 771 et seq.) is amended— $103,125,000 for fiscal year 2015 and each of the State receives under section 111 for a fis- (1) in section 301(a) (21 U.S.C. 771(a))— the 6 succeeding fiscal years to carry out cal year to award grants to eligible entities (A) in paragraph (2), by inserting ‘‘and’’ at this title.’’; to pay for the Federal share of the cost of the end; (5) in section 302(i) (29 U.S.C. 772(i)), by carrying out collaborative programs, to cre- (B) by striking paragraphs (3) and (4); and striking ‘‘such sums as may be necessary for ate practical job and career readiness and (C) by redesignating paragraph (5) as para- each of the fiscal years 1999 through 2003’’ training programs, and to provide job place- graph (3); and inserting ‘‘$33,657,000 for fiscal year 2015 ments and career advancement. (2) in section 302 (29 U.S.C. 772)— and each of the 6 succeeding fiscal years’’; ‘‘(c) AWARDS.—Grants under this section (A) in subsection (g)— (6) in section 303(e) (29 U.S.C. 773(e)), by shall— (i) in the heading, by striking ‘‘AND IN- striking ‘‘such sums as may be necessary for ‘‘(1) be awarded for a period not to exceed SERVICE TRAINING’’; and each of the fiscal years 1999 through 2003’’ 5 years; and (ii) by striking paragraph (3); and and inserting ‘‘$5,046,000 for fiscal year 2015 ‘‘(2) be awarded competitively. (B) in subsection (h), by striking ‘‘section and each of the 6 succeeding fiscal years’’; ‘‘(d) APPLICATION.—To receive a grant 306’’ and inserting ‘‘section 304’’; (7) in section 405 (29 U.S.C. 785), by striking under this section, an eligible entity shall (3) in section 303 (29 U.S.C. 773)— ‘‘such sums as may be necessary for each of submit an application to a designated State (A) in subsection (b)(1), by striking ‘‘sec- the fiscal years 1999 through 2003’’ and in- agency at such time, in such manner, and tion 306’’ and inserting ‘‘section 304’’; and serting ‘‘$3,081,000 for fiscal year 2015 and containing such information as such agency (B) in subsection (c)— each of the 6 succeeding fiscal years’’; shall require. Such application shall include, (i) in paragraph (4)— (8) in section 502(j) (29 U.S.C. 792(j)), by at a minimum— (I) by amending subparagraph (A)(ii) to striking ‘‘such sums as may be necessary for ‘‘(1) a plan for evaluating the effectiveness read as follows: each of the fiscal years 1999 through 2003’’ of the collaborative program; ‘‘(ii) to coordinate activities and work and inserting ‘‘$7,013,000 for fiscal year 2015 ‘‘(2) a plan for collecting and reporting the closely with the parent training and infor- and each of the 6 succeeding fiscal years’’; data and information described under sub- mation centers established pursuant to sec- (9) in section 509(l) (29 U.S.C. 794e(l)), by paragraphs (A) through (C) of section tion 671 of the Individuals with Disabilities striking ‘‘such sums as may be necessary for 101(a)(10), as determined appropriate by the Education Act (20 U.S.C. 1471), the commu- each of the fiscal years 1999 through 2003’’ designated State agency; and nity parent resource centers established pur- and inserting ‘‘$17,088,000 for fiscal year 2015 ‘‘(3) a plan for providing for the non-Fed- suant to section 672 of such Act (29 U.S.C. and each of the 6 succeeding fiscal years’’; eral share of the costs of the program. 1472), and the eligible entities receiving (10) in section 714 (29 U.S.C. 796e–3), by ‘‘(e) ACTIVITIES.—An eligible entity receiv- awards under section 673 of such Act (20 striking ‘‘such sums as may be necessary for ing a grant under this section shall use the U.S.C. 1473); and’’; and each of the fiscal years 1999 through 2003’’ grant funds to carry out a program that pro- (II) in subparagraph (C), by inserting ‘‘, and inserting ‘‘$22,137,000 for fiscal year 2015 vides one or more of the following: and demonstrate the capacity for serving,’’ and each of the 6 succeeding fiscal years’’; ‘‘(1) Job development, job placement, and after ‘‘serve’’; and (11) in section 727 (29 U.S.C. 796f–6), by career advancement services for individuals (ii) by adding at the end the following: striking ‘‘such sums as may be necessary for with disabilities. ‘‘(8) RESERVATION.—From the amount ap- each of the fiscal years 1999 through 2003’’ ‘‘(2) Training in realistic work settings in propriated to carry out this subsection for a and inserting ‘‘$75,772,000 for fiscal year 2015 order to prepare individuals with disabilities fiscal year, 20 percent of such amount or and each of the 6 succeeding fiscal years’’; for employment and career advancement in $500,000, whichever is less, shall be reserved and the competitive market. to carry out paragraph (6).’’; (12) in section 753 (29 U.S.C. 796l), by strik- ‘‘(3) Providing individuals with disabilities (4) by striking sections 304 and 305 (29 ing ‘‘such sums as may be necessary for each with such support services as may be re- U.S.C. 774, 775); and of the fiscal years 1999 through 2003’’ and inquired in order to maintain the employment (5) by redesignating section 306 (29 U.S.C. serting ‘‘$32,239,000 for fiscal year 2015 and and career advancement for which the indi- 776) as section 304. each of the 6 succeeding fiscal years’’. viduals have received training. SEC. 490. REPEAL OF TITLE VI. ‘‘(f) ELIGIBILITY FOR SERVICES.—An indi- Title VI of the Rehabilitation Act of 1973 SEC. 493. CONFORMING AMENDMENTS. vidual shall be eligible for services provided (29 U.S.C. 795 et seq.) is repealed. Section 1(b) of the Rehabilitation Act of under a program under this section if the in- SEC. 491. TITLE VII GENERAL PROVISIONS. 1973 is amended— dividual is determined under section 102(a)(1) (a) PURPOSE.—Section 701(3) of the Reha- (1) by inserting after the item relating to to be eligible for assistance under this title. bilitation Act of 1973 (29 U.S.C. 796(3)) is section 109 the following: ‘‘(g) FEDERAL SHARE.—The Federal share amended by striking ‘‘State programs of sup- for a program under this section shall not ported employment services receiving assist- ‘‘Sec. 109A. Collaboration with industry.’’; exceed 80 percent of the costs of the pro- ance under part B of title VI,’’. (2) by inserting after the item relating to gram.’’. (b) CHAIRPERSON.—Section 705(b)(5) of the section 110 the following: SEC. 486. RESERVATION FOR EXPANDED TRANSI- Rehabilitation Act of 1973 (29 U.S.C. TION SERVICES. 796d(b)(5)) is amended to read as follows: ‘‘Sec. 110A. Reservation for expanded transition services.’’; The Rehabilitation Act of 1973 is amended ‘‘(5) CHAIRPERSON.—The Council shall se- by inserting after section 110 (29 U.S.C. 730) lect a chairperson from among the voting (3) by striking the item related to section the following: membership of the Council.’’. 304 and inserting the following: ‘‘SEC. 110A. RESERVATION FOR EXPANDED TRAN- SEC. 492. AUTHORIZATIONS OF APPROPRIA- ‘‘Sec. 304. Measuring of project outcomes SITION SERVICES. TIONS. and performance.’’; ‘‘Each State shall reserve not less than 10 The Rehabilitation Act of 1973 (29 U.S.C. (4) by striking the items related to sec- percent of the funds allotted to the State 701 et seq.) is further amended— tions 305 and 306; under section 110(a) to carry out programs or (1) in section 100 (29 U.S.C. 720)— (5) by striking the items related to title activities under sections 101(a)(26)(B) and (A) in subsection (b)(1), by striking ‘‘such VI; and 103(b)(6).’’. sums as may be necessary for fiscal years (6) by striking the item related to section SEC. 487. CLIENT ASSISTANCE PROGRAM. 1999 through 2003’’ and inserting 706 and inserting the following: Section 112(e)(1) of the Rehabilitation Act ‘‘$3,066,192,000 for fiscal year 2015 and each of of 1973 (29 U.S.C. 732(e)(1)) is amended by re- the 6 succeeding fiscal years’’; and ‘‘Sec. 706. Responsibilities of the Director.’’.

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00081 Fmt 4624 Sfmt 0655 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2284 CONGRESSIONAL RECORD — SENATE April 8, 2014 Subtitle F—Studies by the Comptroller Subtitle G—Entrepreneurial Training Labor Standards Act of 1938 to provide General SEC. 499. ENTREPRENEURIAL TRAINING. more effective remedies to victims of SEC. 496. STUDY BY THE COMPTROLLER GEN- (a) SHORT TITLE.—This section may be discrimination in the payment of ERAL ON EXHAUSTING FEDERAL cited as the ‘‘Entrepreneurial Training Im- wages on the basis of sex, and for other PELL GRANTS BEFORE ACCESSING provement Act of 2014’’. purposes; which was ordered to lie on WIA FUNDS. (b) RULEMAKING.— the table; as follows: Not later than 12 months after the date of (1) IN GENERAL.—Not later than 60 days enactment of this Act, the Comptroller Gen- after the date of enactment of this Act, the Between sections 3 and 4, insert the fol- eral of the United States shall complete and Secretary of Labor shall establish alternate lowing: submit to the Committee on Education and standards for measuring the progress of SEC. 3A. WORKING FAMILIES FLEXIBILITY. State and local performance for entrepre- the Workforce of the House of Representa- (a) COMPENSATORY TIME.—Section 7 of the neurial training services, as authorized in tives and the Committee on Health, Edu- Fair Labor Standards Act of 1938 (29 U.S.C. section 134(d)(4)(D)(vi) of the Workforce In- cation, Labor, and Pensions of the Senate a 207) is amended by adding at the end the fol- vestment Act of 1998 (29 U.S.C. report that— lowing: (1) evaluates the effectiveness of subpara- 2864(d)(4)(D)(vi)), and provide the State and ‘‘(s) COMPENSATORY TIME OFF FOR PRIVATE graph (B) of section 134(d)(4) of the Work- local workforce investment boards with spe- EMPLOYEES.— force Investment Act of 1998 (29 U.S.C. cific guidance on successful approaches to ‘‘(1) GENERAL RULE.—An employee may re- 2864(d)(4)(B)) (as such subparagraph was in collecting performance information on en- ceive, in accordance with this subsection and effect on the day before the date of enact- trepreneurial training services. in lieu of monetary overtime compensation, ment of this Act), including— (2) CONSIDERATIONS.—In determining the compensatory time off at a rate not less (A) a review of the regulations and guid- alternate standards, the Secretary shall con- than one and one-half hours for each hour of ance issued by the Secretary of Labor to sider using standards based, for participants employment for which overtime compensa- State and local areas on how to comply with in such services, on— tion is required by this section. such subparagraph; (A) obtaining a State license, or a Federal ‘‘(2) CONDITIONS.—An employer may pro- (B) a review of State policies to determine or State tax identification number, for a cor- vide compensatory time to employees under how local areas are required to comply with responding business; paragraph (1)(A) only if such time is provided such subparagraph; (B) documenting income from a cor- in accordance with— (C) a review of local area policies to deter- responding business; or ‘‘(A) applicable provisions of a collective mine how one-stop operators are required to (C) filing a Federal or State tax return for bargaining agreement between the employer comply with such subparagraph; and a corresponding business. and the labor organization that has been cer- (D) a review of a sampling of individuals (3) AUTHORITIES.—In determining the alter- tified or recognized as the representative of receiving training services under section nate standards, the Secretary shall consider the employees under applicable law; or 134(d)(4) of the Workforce Investment Act of utilizing authorities granted under the ‘‘(B) in the case of employees who are not 1998 (29 U.S.C. 2864(d)(4)) to determine if, be- Workforce Investment Act of 1998 (29 U.S.C. represented by a labor organization that has fore receiving such training services, such 2801 et seq.), including a State’s waiver au- been certified or recognized as the represent- individuals have exhausted funds received thority, as authorized in section 189(i)(4) of ative of such employees under applicable through the Federal Pell Grant program such Act (29 U.S.C. 2939(i)(4)). law, an agreement arrived at between the under title IV of the Higher Education Act of (4) REPORT.—The Secretary shall prepare a employer and employee before the perform- 1965 (20 U.S.C. 1070 et seq.); and report on the progress of State and local ance of the work and affirmed by a written (2) makes appropriate recommendations workforce investment boards in imple- or otherwise verifiable record maintained in with respect to the matters evaluated under menting new programs of entrepreneurial accordance with section 11(c)— paragraph (1). training services and any ongoing challenges to offering such programs, with rec- ‘‘(i) in which the employer has offered and SEC. 497. STUDY BY THE COMPTROLLER GEN- ommendations on how best to address those the employee has chosen to receive compen- ERAL ON ADMINISTRATIVE COST satory time in lieu of monetary overtime SAVINGS. challenges. Not later than 12 months after publication of the final regulations estab- compensation; and (a) STUDY.—Not later than 12 months after lishing the alternate standards, the Sec- ‘‘(ii) entered into knowingly and volun- the date of the enactment of this Act, the retary shall submit the report to the Com- tarily by such employees and not as a condi- Comptroller General of the United States mittee on Education and the Workforce and tion of employment. shall complete and submit to the Committee the Committee on Small Business of the No employee may receive or agree to receive on Education and the Workforce of the House of Representatives and the Committee compensatory time off under this subsection House of Representatives and the Committee on Health, Education, Labor, and Pensions unless the employee has worked at least 1,000 on Health, Education, Labor, and Pensions of and the Committee on Small Business and hours for the employee’s employer during a the Senate a report that— Entrepreneurship of the Senate. period of continuous employment with the (1) determines the amount of administra- employer in the 12-month period before the tive costs at the Federal and State levels for SA 2965. Mr. ALEXANDER submitted date of agreement or receipt of compen- the most recent fiscal year for which satis- an amendment intended to be proposed satory time off. factory data are available for— ‘‘(3) HOUR LIMIT.— (A) each of the programs authorized under by him to the bill S. 2199, to amend the Fair Labor Standards Act of 1938 to ‘‘(A) MAXIMUM HOURS.—An employee may the Workforce Investment Act of 1998 (29 accrue not more than 160 hours of compen- U.S.C. 2801 et seq.) or repealed under section provide more effective remedies to vic- satory time. l71, as such programs were in effect for such tims of discrimination in the payment ‘‘(B) COMPENSATION DATE.—Not later than fiscal year; and of wages on the basis of sex, and for January 31 of each calendar year, the em- (B) each of the programs described in sub- other purposes; which was ordered to ployee’s employer shall provide monetary paragraph (A) that have been repealed or lie on the table; as follows: compensation for any unused compensatory consolidated on or after the date of enact- After section 3, add the following: time off accrued during the preceding cal- ment of this Act; endar year that was not used prior to Decem- SEC. 3A. FLEXIBILITY FOR WORKING PARENTS. (2) determines the amount of administra- ber 31 of the preceding year at the rate pre- tive cost savings at the Federal and State Section 6(d) of the Fair Labor Standards scribed by paragraph (6). An employer may levels as a result of repealing and consoli- Act of 1938 (29 U.S.C. 206(d)) is amended— designate and communicate to the employ- dating programs by calculating the dif- (1) by redesignating paragraphs (2) through er’s employees a 12-month period other than ferences in the amount of administrative (4) as paragraphs (3) through (5), respec- the calendar year, in which case such com- costs between subparagraph (A) and subpara- tively; and pensation shall be provided not later than 31 graph (B) of paragraph (1); and (2) by inserting after paragraph (1) the fol- days after the end of such 12-month period. lowing: (3) estimates the administrative cost sav- ‘‘(C) EXCESS OF 80 HOURS.—The employer ings at the Federal and State levels for a fis- ‘‘(2) Notwithstanding the other provisions may provide monetary compensation for an cal year as a result of States consolidating of this subsection, an employee and an em- employee’s unused compensatory time in ex- amounts under section 501(e) of the Work- ployer may voluntarily negotiate compensa- cess of 80 hours at any time after giving the force Investment Act of 1998 (20 U.S.C. tion and benefits to provide flexibility to employee at least 30 days notice. Such com- 9271(e)) to reduce inefficiencies in the admin- best meet the needs of such employee and pensation shall be provided at the rate pre- istration of federally-funded State and local employer, consistent with other provisions scribed by paragraph (6). of this Act.’’. employment and training programs. ‘‘(D) POLICY.—Except where a collective (b) DEFINITION.—For purposes of this sec- bargaining agreement provides otherwise, an tion, the term ‘‘administrative costs’’ has SA 2966. Mr. LEE (for himself and employer that has adopted a policy offering the meaning given the term in section 101 of Ms. MURKOWSKI) submitted an amend- compensatory time to employees may dis- the Workforce Investment Act of 1998 (29 ment intended to be proposed by him continue such policy upon giving employees U.S.C. 2801). to the bill S. 2199, to amend the Fair 30 days notice.

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‘‘(E) WRITTEN REQUEST.—An employee may materials the Secretary provides, under reg- tuted any investigation, proceeding, hearing, withdraw an agreement described in para- ulations published in section 516.4 of title 29, or action under or related to this Act, in- graph (2)(B) at any time. An employee may Code of Federal Regulations, to employers cluding an investigation conducted by the also request in writing that monetary com- for purposes of a notice explaining the Fair employer, or has testified or is planning to pensation be provided, at any time, for all Labor Standards Act of 1938 to employees so testify or has assisted or participated in any compensatory time accrued that has not yet that such notice reflects the amendments manner in any such investigation, pro- been used. Within 30 days of receiving the made to such Act by this section. ceeding, hearing, or action, or has served or written request, the employer shall provide (d) GAO REPORT.—Beginning 2 years after is planning to serve on an industry com- the employee the monetary compensation the date of enactment of this Act and each of mittee; or due in accordance with paragraph (6). the 3 years thereafter, the Comptroller Gen- ‘‘(B) has inquired about, discussed, or dis- ‘‘(4) PRIVATE EMPLOYER ACTIONS.—An em- eral shall submit a report to Congress pro- closed the wages of the employee or another ployer that provides compensatory time viding, with respect to the reporting period employee;’’; and under paragraph (1) to employees shall not immediately prior to each such report— (2) by adding at the end the following: directly or indirectly intimidate, threaten, (1) data concerning the extent to which ‘‘(c) Subsection (a)(3)(B) shall not apply to or coerce or attempt to intimidate, threaten, employers provide compensatory time pursu- instances in which an employee who has ac- or coerce any employee for the purpose of— ant to section 7(s) of the Fair Labor Stand- cess to the wage information of other em- ‘‘(A) interfering with such employee’s ards Act of 1938, as added by this section, and ployees as a part of such employee’s essen- rights under this subsection to request or the extent to which employees opt to receive tial job functions discloses the wages of such not request compensatory time off in lieu of compensatory time; other employees to an individual who does payment of monetary overtime compensa- (2) the number of complaints alleging a not otherwise have access to such information for overtime hours; or violation of such section filed by any em- tion, unless such disclosure is in response to ‘‘(B) requiring any employee to use such ployee with the Secretary of Labor; a charge or complaint or in furtherance of an compensatory time. (3) the number of enforcement actions investigation, proceeding, hearing, or action ‘‘(5) TERMINATION OF EMPLOYMENT.—An em- commenced by the Secretary or commenced under section 6(d), including an investigation ployee who has accrued compensatory time by the Secretary on behalf of any employee conducted by the employer. Nothing in this off authorized to be provided under para- for alleged violations of such section; subsection shall be construed to limit the graph (1) shall, upon the voluntary or invol- (4) the disposition or status of such com- rights of an employee provided under any untary termination of employment, be paid plaints and actions described in paragraphs other provision of law.’’. for the unused compensatory time in accord- (2) and (3); and ance with paragraph (6). (5) an account of any unpaid wages, dam- ‘‘(6) RATE OF COMPENSATION.— ages, penalties, injunctive relief, or other SA 2968. Mr. RUBIO (for himself, Mr. ‘‘(A) GENERAL RULE.—If compensation is to remedies obtained or sought by the Sec- MCCONNELL, Mr. GRAHAM, Mr. ENZI, be paid to an employee for accrued compen- retary in connection with such actions de- Mr. BLUNT, Mr. FLAKE, Mr. JOHNSON of satory time off, such compensation shall be scribed in paragraph (3). Wisconsin, Mr. ROBERTS, Mr. HATCH, paid at a rate of compensation not less (e) SUNSET.—This section and the amend- Mr. THUNE, Mr. COBURN, Mr. RISCH, Mr. than— ments made by this section shall expire 5 CORNYN, Mr. WICKER, Mr. ALEXANDER, ‘‘(i) the regular rate received by such em- years after the date of enactment of this ployee when the compensatory time was Act. and Mr. INHOFE) submitted an amend- earned; or ment intended to be proposed by him ‘‘(ii) the final regular rate received by such SA 2967. Mr. HELLER (for himself to the bill S. 2199, to amend the Fair employee, and Ms. MURKOWSKI) submitted an Labor Standards Act of 1938 to provide whichever is higher. amendment intended to be proposed by more effective remedies to victims of ‘‘(B) CONSIDERATION OF PAYMENT.—Any him to the bill S. 2199, to amend the discrimination in the payment of payment owed to an employee under this wages on the basis of sex, and for other subsection for unused compensatory time Fair Labor Standards Act of 1938 to shall be considered unpaid overtime com- provide more effective remedies to vic- purposes; which was ordered to lie on pensation. tims of discrimination in the payment the table; as follows: ‘‘(7) USE OF TIME.—An employee— of wages on the basis of sex, and for At the appropriate place, insert the fol- ‘‘(A) who has accrued compensatory time other purposes; which was ordered to lowing: off authorized to be provided under para- lie on the table; as follows: graph (1); and SEC. ll. PAYMENT OF HIGHER WAGES. Strike all after the enacting clause and in- ‘‘(B) who has requested the use of such Section 9(a) of the National Labor Rela- sert the following: compensatory time, tions Act (29 U.S.C. 159(a)) is amended— SECTION 1. SHORT TITLE. shall be permitted by the employee’s em- (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and This Act may be cited as the ‘‘End Pay ployer to use such time within a reasonable (2) by adding at the end the following: Discrimination Through Information Act’’. period after making the request if the use of ‘‘(2) Notwithstanding a labor organiza- the compensatory time does not unduly dis- SEC. 2. FINDINGS. tion’s exclusive representation of employees rupt the operations of the employer. Congress finds the following: in a unit, or the terms and conditions of any ‘‘(8) DEFINITIONS.—For purposes of this sub- (1) People in the United States understand collective bargaining contract or agreement section— that intentional workplace discrimination is then in effect, nothing in either— ‘‘(A) the term ‘employee’ does not include wrong. ‘‘(A) section 8(a)(1) or 8(a)(5), or an employee of a public agency; and (2) Equal pay for equal work is a principle ‘‘(B) a collective bargaining contract or ‘‘(B) the terms ‘overtime compensation’ and practice that should be observed by all agreement renewed or entered into after the and ‘compensatory time’ shall have the employers. date of enactment of this paragraph, meanings given such terms by subsection (3) Women constitute a significant portion shall prohibit an employer from paying an (o)(7).’’. of the workforce of the United States. employee in the unit greater wages, pay, or (b) REMEDIES.—Section 16 of the Fair (4) An increasing number of families in the other compensation for, or by reason of, his Labor Standards Act of 1938 (29 U.S.C. 216) is United States depend on the income of a amended— working woman. or her services as an employee of such em- (1) in subsection (b), by striking ‘‘(b) Any (5) Many women are pursuing or have at- ployer, than provided for in such contract or employer’’ and inserting ‘‘(b) Except as pro- tained postsecondary degrees or specialized agreement.’’. vided in subsection (f), any employer’’; and training to make them strong candidates for good jobs that will provide for their families. (2) by adding at the end the following: SA 2969. Mr. REID (for Mr. CARDIN) ‘‘(f) An employer that violates section (6) Employers that intentionally discrimi- proposed an amendment to the resolu- nate on the basis of sex should be held ac- 7(s)(4) shall be liable to the employee af- tion S. Res. 361, recognizing the threats fected in the amount of the rate of com- countable for their wrongdoing. pensation (determined in accordance with SEC. 3. ENHANCED ENFORCEMENT OF EQUAL to freedom of the press and expression section 7(s)(6)(A)) for each hour of compen- PAY REQUIREMENTS. in the People’s Republic of China and satory time accrued by the employee and in Section 15 of the Fair Labor Standards Act urging the Government of the People’s an additional equal amount as liquidated of 1938 (29 U.S.C. 215) is amended— Republic of China to take meaningful damages reduced by the amount of such rate (1) in subsection (a)(3), by striking ‘‘em- steps to improve freedom of expression of compensation for each hour of compen- ployee has filed’’ and all that follows as fitting of a responsible international satory time used by such employee.’’. through ‘‘committee;’’ and inserting ‘‘em- stakeholder; as follows: (c) NOTICE TO EMPLOYEES.—Not later than ployee— 30 days after the date of enactment of this ‘‘(A) has made a charge or filed any com- On page 3, line 3, strike ‘‘by the United Act, the Secretary of Labor shall revise the plaint or instituted or caused to be insti- States Government’’.

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2286 CONGRESSIONAL RECORD — SENATE April 8, 2014 AUTHORITY FOR COMMITTEES TO petent and Unethical Return Pre- the Senate Office of Public Records, 232 MEET parers.’’ Hart Building, Washington, D.C. 20510– The PRESIDING OFFICER. Without COMMITTEE ON AGRICULTURE, NUTRITION, AND 7116. FORESTRY objection, it is so ordered. The Senate Office of Public Records Mr. BLUMENTHAL. Mr. President, I COMMITTEE ON FOREIGN RELATIONS will be open from 9 a.m. to 5 p.m. on ask unanimous consent that the Com- Mr. BLUMENTHAL. Mr. President, I the filing date to accept these filings. mittee on Agriculture, Nutrition, and ask unanimous consent that the Com- For further information, please contact Forestry be authorized to meet during mittee on Foreign Relations be author- the Senate Office of Public Records at the session of the Senate on April 8, ized to meet during the session of the (202) 224–0322. 2014, at 9:45 a.m. in room SR–328A of Senate on April 8, 2014, at 10 a.m., to f hold a hearing entitled ‘‘National Secu- the Russell Senate Office Building. EXECUTIVE SESSION The PRESIDING OFFICER. Without rity and Foreign Policy Priorities in objection, it is so ordered. the FY 2015 International Affairs Budg- et.’’ COMMITTEE ON AGRICULTURE, NUTRITION, AND EXECUTIVE CALENDAR FORESTRY The PRESIDING OFFICER. Without Mr. BLUMENTHAL. Mr. President, I objection, it is so ordered. Mr. REID. I ask unanimous consent ask unanimous consent that the Com- COMMITTEE ON THE JUDICIARY that the Senate proceed to executive mittee on Agriculture, Nutrition, and Mr. BLUMENTHAL. Mr. President, I session to consider Calendar No. 713; Forestry be authorized to meet during ask unanimous consent that the Com- that the nomination be confirmed, the the session of the Senate on April 8, mittee on the Judiciary be authorized motion to reconsider be considered 2014, at 10 a.m., in room SR–328A of the to meet during the session of the Sen- made and laid upon the table with no Russell Senate Office Building to con- ate on April 8, 2014, at 2:30 p.m., in intervening action or debate; that no duct a hearing entitled ‘‘Advanced room SD–106 of the Dirksen Senate Of- further motions be in order regarding Biofuels: Creating Jobs and Lower fice Building, to conduct an executive the nomination; that the President be Prices at the Pump.’’ business meeting. immediately notified of the Senate’s The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without action and the Senate then resume leg- objection, it is so ordered. objection, it is so ordered. islative session. The PRESIDING OFFICER. Without COMMITTEE ON ARMED SERVICES SELECT COMMITTEE ON INTELLIGENCE objection, it is so ordered. Mr. BLUMENTHAL. Mr. President, I Mr. BLUMENTHAL. Mr. President, I The nomination considered and con- ask unanimous consent that the Com- ask unanimous consent that the Select firmed is as follows: mittee on Armed Services be author- Committee on Intelligence be authorized to meet during the session of the ized to meet during the session of the IN THE AIR FORCE Senate on April 8, 2014, at 9:30 a.m. Senate on April 8, 2014, at 2:30 p.m. The following named officer for appoint- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without ment in the United States Air Force to the objection, it is so ordered. grade indicated while assigned to a position objection, it is so ordered. of importance and responsibility under title SUBCOMMITTEE ON AIRLAND COMMITTEE ON BANKING, HOUSING, AND URBAN 10, U.S.C., section 601: AFFAIRS Mr. BLUMENTHAL. Mr. President, I To be general Mr. BLUMENTHAL. Mr. President, I ask unanimous consent that the Sub- Gen. Paul J. Selva ask unanimous consent that the Com- committee on Airland of the Com- mittee on Banking, Housing, and mittee on Armed Services be author- f Urban Affairs be authorized to meet ized to meet during the session of the LEGISLATIVE SESSION during the session of the Senate on Senate on April 8, 2014, at 3:30 p.m. The PRESIDING OFFICER. The Sen- April 8, 2014, at 10 a.m. The PRESIDING OFFICER. Without ate will now resume legislative session. The PRESIDING OFFICER. Without objection, it is so ordered. objection, it is so ordered. SUBCOMMITTEE ON EMERGING THREATS AND f CAPABILITIES COMMITTEE ON COMMERCE, SCIENCE, AND RECOGNIZING THE THREATS TO Mr. BLUMENTHAL. Mr. President, I TRANSPORTATION FREEDOM OF THE PRESS AND ask unanimous consent that the Sub- Mr. BLUMENTHAL. Mr. President, I EXPRESSION IN THE PEOPLE’S committee on Emerging Threats and ask unanimous consent that the Com- REPUBLIC OF CHINA mittee on Commerce, Science, and Capabilities of the Committee on Mr. REID. I ask unanimous consent Transportation be authorized to meet Armed Services be authorized to meet that the Senate proceed to Calendar during the session of the Senate on during the session of the Senate on No. 322. April 8, 2014, at 2:30 p.m. in room SR– April 8, 2014, at 2:15 p.m. The PRESIDING OFFICER. The 253 of the Russell Senate Office Build- The PRESIDING OFFICER. Without clerk will report the resolution by ing. objection, it is so ordered. title. The PRESIDING OFFICER. Without f The legislative clerk read as follows: objection, it is so ordered. PRIVILEGES OF THE FLOOR A resolution (S. Res. 361) recognizing the COMMITTEE ON ENVIRONMENT AND PUBLIC Mr. HARKIN. Mr. President, I ask threats to freedom of the press and expres- WORKS unanimous consent that Paul Osadebe sion in the People’s Republic of China and Mr. BLUMENTHAL. Mr. President, I and Emily Schwartz, interns with the urging the Government of the People’s Re- ask unanimous consent that the Com- Senate Health, Education, Labor and public of China to take meaningful steps to mittee on Environment and Public Pensions Committee, be granted floor improve freedom of expression as fitting of a responsible international stakeholder. Works be authorized to meet during privileges for the remainder of today’s the session of the Senate on April 8, session. There being no objection, the Senate 2014, at 10 a.m. in room SD–406 of the The PRESIDING OFFICER. Without proceeded to consider the resolution. Dirksen Senate Office Building. objection, it is so ordered. Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without imous consent that the Cardin amend- f objection, it is so ordered. ment, which is at the desk, be agreed COMMITTEE ON FINANCE NOTICE: REGISTRATION OF MASS to; the resolution, as amended, be Mr. BLUMENTHAL. Mr. President, I MAILINGS agreed to, the preamble be agreed to, ask unanimous consent that the Com- The filing date for the 2014 first quar- and the motions to reconsider be con- mittee on Finance be authorized to ter Mass Mailing report is Friday, sidered made and laid upon the table, meet during the session of the Senate April 25, 2014. If your office did no mass with no intervening action or debate. on April 8, 2014, at 10 a.m., in room SD– mailings during this period, please sub- The PRESIDING OFFICER. Without 215 of the Dirksen Senate Office Build- mit a form that states ‘‘none.’’ objection, it is so ordered. ing, to conduct a hearing entitled Mass mailing registrations, or nega- The amendment (No. 2969) was agreed ‘‘Protecting Taxpayers from Incom- tive reports, should be submitted to to, as follows:

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 8, 2014 CONGRESSIONAL RECORD — SENATE S2287 On page 3, line 3, strike ‘‘by the United national journalists through denial of visas, sions relating to trade agreements: the States Government’’. harassment of sources, physical threats, and Senator from Oregon, Mr. WYDEN; the The resolution (S. Res. 361), as other methods; and Senator from West Virginia, Mr. (4) urges the President to use all appro- amended, was agreed to. ROCKEFELLER; the Senator from New priate instruments of United States influ- The preamble was agreed to. ence to support, promote, and strengthen York, Mr. SCHUMER; the Senator from The resolution, as amended, with its principles, practices, and values that pro- Utah, Mr. HATCH; and the Senator from preamble, reads as follows: mote the free flow of information to the peo- Iowa, Mr. GRASSLEY. S. RES. 361 ple of China without interference or dis- f Whereas, in its 2013 World Press Freedom crimination, including through the Internet Index, Reporters Without Borders ranked and other electronic media. ORDERS FOR WEDNESDAY, APRIL China 173rd out of 179 countries in terms of f 9, 2014 press freedoms; AUTHORIZING USE OF Mr. REID. Mr. President, I ask unan- Whereas China’s media regulator, the imous consent that when the Senate State Administration of Press, Publication, EMANCIPATION HALL Radio, Film and Television, enforces a sys- completes its business today, it ad- Mr. REID. Mr. President, I ask unan- journ until 10 a.m., Wednesday, April 9, tem of strict controls, including an extensive imous consent that the Senate proceed licensing system and government super- 2014; that following the prayer and vision by the Chinese Communist Party; to the consideration of H. Con. Res. 90. pledge, the morning hour be deemed Whereas domestic radio and television The PRESIDING OFFICER. The expired, the Journal of proceedings be broadcast journalists in China must pass a clerk will report the concurrent resolu- approved to date, and the time for the government-sponsored exam that tests their tion by title. two leaders be reserved for their use basic knowledge of Marxist views of news The legislative clerk read as follows: later in the day; that following any and Communist Party principles; A concurrent resolution (H. Con. Res. 90) leader remarks, the Senate resume Whereas this state supervision of the authorizing the use of Emancipation Hall in media distorts and blocks free and open cov- consideration of the motion to proceed the Capitol Visitor Center for a ceremony as to S. 2199, the equal pay bill, with the erage of key issues including Tibet, political part of the commemoration of the days of re- unrest, and corruption by government offi- membrance of victims of the Holocaust. time until 11 a.m. equally divided and cials, as well as Chinese foreign policy; controlled between the two leaders or There being no objection, the Senate Whereas China’s media regulator officially their designees prior to the cloture proceeded to consider the concurrent bans journalists from using foreign media re- vote on the motion to proceed to S. ports without authorization and forbids news resolution. 2199. editors from reporting information online Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without that has not been verified through official imous consent that the concurrent res- objection, it is so ordered. channels; olution be agreed to and the motion to Whereas the Congressional-Executive Com- reconsider be laid upon the table, with f mission on China (CECC) has documented several instances of reprisals against and no intervening action or debate. PROGRAM harassment of independent journalists and The PRESIDING OFFICER. Without objection, it is so ordered. Mr. REID. Mr. President, the first newspaper staff by the Government of the rollcall vote will be at 11 a.m. tomor- People’s Republic of China, including Chi- The concurrent resolution (H. Con. nese journalists working for foreign-based Res. 90) was agreed to. row. Additional rollcall votes are ex- websites and newspapers; pected during tomorrow’s session. f Whereas the Foreign Correspondents’ Club f of China has noted that foreign journalists MEASURE READ THE FIRST continue to face challenging work condi- TIME—S. 2223 ORDER FOR ADJOURNMENT tions, visa denials or delays, and various Mr. REID. Mr. President, if there is forms of harassment, and 70 percent of jour- Mr. REID. Mr. President, I am told nalists surveyed in the FCCC’s 2013 annual that S. 2223 is at the desk and I ask for no further business to come before the survey stated that ‘‘conditions have wors- its first reading. Senate, I ask unanimous consent that ened or stayed the same as the year before’’; The PRESIDING OFFICER. The it adjourn under the previous order, Whereas, according to the CECC, authori- clerk will read the bill by title for the following the remarks of, first, Senator ties in China appeared to maintain or en- first time. BENNET and then those of Senator hance policies to block and filter online con- The legislative clerk read as follows: CASEY. tent, particularly sensitive information The PRESIDING OFFICER. Without A bill (S. 2223) to provide for an increase in about rights activists, official corruption, or objection, it is so ordered. collective organizing; the Federal minimum wage and to amend Whereas China is the world’s second larg- the Internal Revenue Code of 1986 to extend The Senator from Colorado. est economy and the United States second increased expensing limitations and the f largest trading partner and has been a mem- treatment of certain real property as section ber of the World Trade Organization since 179 property. IMMIGRATION REFORM 2001; Mr. REID. Mr. President, this legisla- Mr. BENNET. Mr. President, I want Whereas China’s growing economic impor- tion is sponsored by Senators HARKIN to return today to the subject of immi- tance increases the need for the Government and MERKLEY. gration. Today marks the 285th day of the People’s Republic of China to act transparently and respect international I ask for its second reading and ob- since the immigration bill passed right trading regulations; and ject to my own request. here in the Senate with almost 70 Whereas official government censorship de- The PRESIDING OFFICER. Objec- votes, and 285 days later we are still nies the people of China, including nearly tion having been heard, the bill will be waiting for the House of Representa- 600,000,000 Internet users, their freedom of read for the second time on the next tives to act on that bipartisan piece of expression, undermines confidence in China’s legislative day. legislation. safety standards, and causes increasingly se- f Every single day the House drags its rious economic harm to private firms that feet on immigration, our borders re- rely on unfettered access to social media as APPOINTMENTS a business model: Now, therefore, be it main less secure, our visa system keeps Resolved, That the Senate— The PRESIDING OFFICER. The us less competitive, our economy suf- (1) reaffirms the importance of freedom of Chair, in accordance with Public Law fers, and millions of families remain in the press to efforts to support democracy, 93–618, as amended by Public Law 100– the shadows. mitigate conflict, and promote good govern- 418, on behalf of the President pro tem- Hard-working immigrants who came ance domestically and around the world; pore and upon the recommendation of here to live the American dream and (2) expresses concern about the threats to the Chairman of the Committee on Fi- who are part of the fabric of our com- freedom of the press and expression in the nance, appoints the following members munities all over the State of Colorado People’s Republic of China; (3) condemns actions taken by the Govern- of the Finance Committee as congres- and all over the United States of Amer- ment of the People’s Republic of China to sional advisers on trade policy and ne- ica are suffering because Congress has suppress freedom of the press, including the gotiations to international con- not passed a bill, families such as increased harassment of Chinese and inter- ferences, meetings and negotiation ses- Dulce Saenz’s family from Hudson, CO.

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2288 CONGRESSIONAL RECORD — SENATE April 8, 2014 When Dulce’s father was deported, she my colleagues do—I tell them that for other country and you graduate from and one of her sisters stayed in Colo- my part, as one American, the greatest an American university and you have a rado to start college while her mom sign or signal of legislative leadership job offer in the United States of Amer- and younger sister moved to Mexico to that I have seen in the past 5 years was ica, we will staple the green card to be with their dad. It was a heart- the leadership provided by JOHN your diploma. breaking decision for the family to sep- MCCAIN, LINDSEY GRAHAM, MARCO That is what we need in this country. arate, but that is what they needed to RUBIO, and JEFF FLAKE, the four Re- That is what the high-tech industry in do. Now all three sisters have gone to publicans who sat at that table for 7 or Colorado needs out of the House of the University of Denver in Colorado. 8 months and negotiated the immigra- Representatives. They have started careers in public tion bill. It was a lot harder for them I mentioned tourism at our ski re- service. But they rarely see their par- to stay there than it was for the Demo- sorts. They will continue to suffer. ents. They worry about their safety. crats. But those four Republicans sat This is Colorado’s second largest indus- It is clear to everybody I talk to here at the table for 8 months and nego- try. and at home that our current immigra- tiated a bill because they knew it was There are a lot of reasons to act, tion system is broken. It is also clear the right thing to do for the country there are a lot of economic reasons to to me and I think to many people that and, parenthetically, the right thing to act, but I think there are also funda- separating families does not reflect our do for their party in that order. mental reasons that have to do with history and it does not do honor to the Yet here we are. After all that bipar- who we are as a country. It is often values that shape that history. So tisan agreement, after all that bipar- said that America is a nation of immi- while the House stalls, the Secretary of tisan work, after a great bipartisan grants. Of course that is true. There is Homeland Security is reviewing our devote on the floor of the Senate on one literally no other country in the world portation policy and exploring other of the most immediate issues facing for which immigration is so central to ways we can help keep families to- this country, 9 months after our bill its history and to its identity. gether. It is a good step in the absence passed the Senate we still do not have I have heard enough speeches in this of a bill. We should prioritize deporta- a bill at the President’s desk. Chamber to know that for a lot of us, tion in a way that reflects our values The House of Representatives is priv- for a lot of the 100 of us, it is very per- as a country, upholds the rule of law, ileged to have the opportunity to rise sonal as well. I am a first-generation and keeps families together. But in the above politics as usual and to do some- American. I know there are many oth- end, the only way to come to a full and thing big, something real, something ers who are here. There is not a person permanent solution is to pass this im- consequential that will last for this in this Chamber who does not have immigration reform bill. country. The House of Representatives migration as part of their family’s his- Of course, this is not unusual in has the privilege to show that stale- tory. Washington these days when we have mate does not have to be standard op- But this is not just a theoretical become so used to getting the bare erating procedure in Washington, DC. idea, that we are a nation of immi- minimum accomplished, keeping the This issue is completely bipartisan at grants. I want to take a moment to re- lights on for another week or for an- home. I hear about this as much from flect on what this really means. This is other month. But what is so frus- Republicans—maybe even more from a photo I am proud to say I actually trating on this issue is that we have bi- Republicans in farm country than I do managed to take with my cell phone. partisan agreement that the current from Democrats, the chance to do My daughters would be shocked to immigration system is broken and that something important for our Nation know that I was able not only to get it is doing no favors to this country. and for our future. But until the House the picture taken, but it is not even The coalition we built in favor of re- acts, families, farmers, and businesses blurry. form is unprecedented. I was not sur- all across my State and all across the I had an occasion—I hope the Pre- prised. When we started this in Colo- United States will continue to suffer, siding Officer has had the opportunity rado, first I would travel around the farmers such as Eric Hanagan and Mi- to do it—to do something I never imag- State and I would hear peach growers chael Hirakata outside of Rocky Ford, ined I would ever have the chance to in Palisade say one thing about what who cannot get the seasonal workers do. I attended a naturalization cere- they hoped for in an immigration bill, they need and are forced to watch mony held for Active-Duty service- I would hear the cattle ranchers say crops—in their case, melons—die in the members at Fort Carson, CO. Let’s be something else, the ski resorts say field. clear. These are men and women who something else, our high-tech commu- Colorado’s high-tech companies on are serving the United States of Amer- nity, our immigrant rights commu- the front range—ranging from bio- ica in uniform. On that day they be- nity—everybody coming together to science, engineering, and aerospace— came citizens of the United States. say: You know what, it is long past cannot always find the employees they Until that day they were not citizens time to get this fixed. need. In fact, they often cannot find but still they were serving and are When we brought this to the national the employees, which introduces an en- serving in our Armed Forces. The 13 level, working together with the so- tirely different subject that relates to soldiers and spouses who became U.S. called group or gang of 8 on immigra- our K–12 education system, but that is citizens that day represented 12 dif- tion, we were able to build a coalition not the topic of the speech today. ferent countries. This is a picture of that really is unprecedented. In the 5 We know that almost one-quarter of them—12 different countries among the years I have been here, I have not seen STEM graduates from Colorado’s 13. universal agreement on anything like STEM—math and science graduates I am going to read the list. I was so we have seen on the immigration bill. from Colorado’s leading universities blown away by the list that I asked one In June of last year, right here in the are immigrants who are graduating in of the people from the INS who was Senate, we passed a strong bipartisan the United States, many of whose edu- there to give me what is called the bill—a bill that strengthens our econ- cation has been subsidized by us. In- oath ceremony nationality report from omy and reduces our debt, a bill that stead of saying to them, ‘‘Please stay which they read the names of the coun- keeps families together, protects our here; build our business here; go work tries. It is an astonishing list. Here are borders and our communities, and for one of our high-tech companies the countries these folks are from: gives families who came to this coun- here,’’ we are saying to them, ‘‘Go China, the People’s Republic of China, try for a better life a chance to earn home. We would much rather have you Colombia, Haiti, Jamaica, Malaysia, citizenship and contribute to our econ- compete with us from India. Go home. Mexico, Nicaragua, the Philippines, omy and to our society. We would much rather have you com- South Korea, Togo, Ukraine, and the As I mentioned, I was part of that pete with us from China.’’ It is ridicu- United Kingdom—12 different coun- Gang of 8 who negotiated the bill. For lous. It makes no sense. tries. those who despair about the lack of The Senate bill, the bill we passed, Every single one of them came here leadership in Congress—and I hear changes that. The bill we passed says: in pursuit of the American dream, just about this all the time, as I know all of If you are a STEM graduate from an- as generations of people from around

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 8, 2014 CONGRESSIONAL RECORD — SENATE S2289 the world have sought out the United millions of small businesses across the are serious about immigration reform. States to build their future. These are United States have been started by im- It doesn’t have to be a carbon copy of the people—and people just like them migrants as well. High-skilled workers what we passed, although if they look all across the United States of Amer- in science, technology, engineering, at it, what they will find is the ele- ica—who are going to determine our fu- and math and lower skilled workers in ments that are in there hang very well ture, just as every generation of immi- industries such as hospitality and tour- together. grants has helped us to determine our ism would come into the country to fill Look at this photo. Again, this is future. Whether it is refugees fleeing jobs where there are no available U.S. what America looks like. This is what persecution, whether it is parents seek- workers. This was a bill that labor and Colorado looks like. This is what ing opportunity for their children, it is the chamber endorsed. That is the first America looks like. It is what it is all those stepping forward to sacrifice for time that has happened. It was a dif- about. These are faces of people who our shared values, as all of these young ficult and painful negotiation, but we want to contribute. This diversity is men and women are, who make Amer- were able to get it done, and they how we thrive as a country, and it is ica the country we love. There is no agreed we ought to get it done. how we are going to thrive in the fu- way to argue that our current immi- It is very important for Colorado and ture. It has always been our strength, gration policies reflect that history or a lot of other States. We would sta- and it is what sets us apart in many our values. bilize the challenges facing our agricul- ways from countries all over the world. Let me paint a picture of what our tural industry with a new streamlined These new citizens want to con- country would look like if this immi- program for agricultural guest workers tribute to our economy and to our gration bill were passed. Just to be that is more usable for employees and communities. They want to serve our clear, again, it is not imaginary; we protects our workers. country, they want to pay taxes and passed the bill in the Senate. Again, this is the first bill ever. We abide by the law, and they want to If people on the other side have call this portion the AgJOBS bill, the build a better life here for themselves issues with the bill, what I say is we first one—first one—to be endorsed by and their families. have no monopoly on wisdom. Bring the growers and the farm workers. This picture is exactly why we need your ideas; improve the bill. I can That has never happened before, but reform. These brave men and women think of some things I would do to im- working with Senator RUBIO, Senator say it all. They say it much better than prove that bill, but you can’t just do HATCH, and Senator FEINSTEIN, we were I do. nothing. You can’t do nothing, because able to get that done. I see my colleague from Pennsyl- if we pass the bill in the House, those Finally, and more importantly, our vania is in the Chamber, so I will wrap who come to this country for a better borders would be more secure with new up. life, including young people—whose fencing, double the number of border parents brought them here as children, agents, and increased spending on new Let me say that two of the things and they are here through no fault of technology. We have what they call that set us apart from countries all their own—would have the opportunity full situational awareness on the bor- over the world, two of the essential to enter a tough but fair path to citi- der to allow us to interdict threats rap- components that make us the United zenship. With a path in place we would idly and successfully—and, very impor- States of America, are our commit- then see higher wages, more consump- tantly, with a mandatory employment ment to the rule of law and our under- tion of goods and increased taxes. verification system and more effective standing of ourselves as being a nation It would reduce our debt. This bill— entry-exit system, we would prevent of immigrants. Almost no other coun- and this is not me talking, MICHAEL future waves in illegal immigration so try in the world can say what we can BENNET from Colorado, this is the Con- we don’t end back up in the problem we say about that. I can tell you no other gressional Budget Office—would reduce are facing today. Then our small busi- country in the world was having that our debt by nearly $1 trillion over 20 nesses all across the country can stop naturalization ceremony the day we years. I am unaware of any other piece being the INS and concentrate on were having it at Fort Carson. of legislation that has passed with a bi- building their businesses. These are all This bill gives us a chance to reaf- partisan majority in the Congress that changes our Nation urgently needs, and firm those two ideas that we are a na- reduces our debt by $1 trillion but this there are more. tion committed to the rule of law and would. It wouldn’t do it in across-the- I am not here to argue for some par- that we are a nation of immigrants. board cuts. It would do it because of tisan piece of legislation that didn’t at- I had the chance this weekend to the growth it would create in our econ- tract votes on both sides. This bill was spend some time in my wife’s home- omy, the incremental economic entirely bipartisan from beginning to town in the Mississippi Delta. It is one growth. In fact, the Congressional end. I have heard a laundry list of ex- of the poorer parts of the country, and Budget Office has said that if we pass cuses out of people in the House why it has been for a very long time. It is a this bill, we would see an increase of they haven’t addressed immigration re- tough place in a lot of ways. We have a almost 6 percent of incremental GDP form, but at some point it is time for lot of great family there. After we fin- growth over this 20-year period, 3 per- those excuses to stop and for the stall- ished, we went to Memphis to visit the cent in the first 10 years and 5 percent ing to stop. If they want to show the civil rights museum, which has just re- in the second 10 years. country they are serious about growing opened. If anybody has the chance to Second, our bill would put into place our economy and keeping families togo, they should go to visit it, because an efficient and flexible visa system gether, then they need to show us they what you see is the history of a strug- that would catapult our competitive- are serious about immigration reform. gle from the 1600s forward—generation ness in a changing 21st century econ- I actually think the Speaker wants upon generation—trying to perfect this omy. Canada, our neighbor to the to pass a bill. In fact, I think he could country and keep it true to the idea North, is figuring out how to attract pass a bill if he put it on the floor to- that in this case we are all created the world’s talent to its shores. That is morrow and let the House work its equal. what they are spending their time will. But it is not my job, obviously, to For a long time we weren’t able to doing. We, a historic nation of immi- try to tell him how to do his job. It is perfect that. We still are having to per- grants, are saying please go home and no one’s job in the Senate to tell him fect it. We are making progress, and compete with us from someplace else how to do his job, but I suppose it is that is what we are meant to do. Today or maybe go to Canada and compete our job to give him encouragement, to we have that chance. The House has with us from there. Talented entre- say we will be there to support you if that chance tomorrow or next week or preneurs and innovators from around you can find a way to get this bill next month to make sure that we the world would have the opportunity passed. honor our commitment, this genera- to stay if we passed this bill and create If they want to show the country tion’s commitment to a generation of jobs to fuel our economy. It is well-doc- they are serious about growing our immigrants and to the generations umented how many Fortune 500 compa- economy and keeping families to- that are coming after them. I hope nies were started by immigrants, but gether, then they need to show us they they will take up that challenge.

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2290 CONGRESSIONAL RECORD — SENATE April 8, 2014 I thank my colleague from Pennsyl- and older, just looking at that age cat- get a favorable vote on the Paycheck vania and the Presiding Officer as well egory, for women workers 50 years and Fairness Act before us. I hope we get a for his patience. older in Pennsylvania at that time, bipartisan vote. This shouldn’t be the I yield the floor. just a few years ago, the differential subject of support of just one party. The PRESIDING OFFICER. The Sen- was $732 and $984 for men—almost $250 This should be bipartisan. The people ator from Pennsylvania. a week above in that age category—and who are asking for this help, who have Mr. CASEY. I wish to say a word of for all women at that time, about $150 been asking for it for decades, aren’t commendation for the remarks the of difference each and every week. members of just one party. They hap- Senator from Colorado just made about Imagine what that does to someone’s pen to represent one-half or more of a very important issue, and that photo- sense of achievement or sense of dig- the American people, when women graph he took is, indeed, an inspiration nity when they know they are doing have asked for that. to all Americans. Each of us can be in- the same work every day and they are If any of my colleagues think for spired by that photograph, what it rep- being underpaid over and over every whatever reason that this is not the resents, by the sacrifice that week, every month, every year, and in right thing to do for today, they should undergirds that photograph, and also some cases decade after decade. So do it for future generations. Do it for for his reminding us about those sac- when we say this is a matter of justice, your own daughters, your own grand- rifices and those commitments, so we in some ways that might be an under- daughters, maybe your great-grand- want to thank him. statement. daughters. But to forgo the oppor- f We have a chance to remedy that, tunity to do something about this at and it is very simple. Are we going to long last—President Kennedy signed PAYCHECK FAIRNESS ACT take steps to remedy that or are we the original legislation. A lot of people Mr. CASEY. Mr. President, this legis- going to reject the steps it will take to in the United States weren’t even born lation on equal pay is about justice, in bring a measure of justice, a fair shot then. Yet here we are still debating, a word. We could almost say that equal for women? They are not asking for still striving to get a basic measure of pay equals justice. There is probably anything that a man wouldn’t ask for justice in place. So I do believe equal no simpler way to say it. It is really, or demand. They are just asking for pay equals justice. when you consider what this means, a basic fairness—to be treated the same AFGHANISTAN ELECTIONS very simple concept: If a woman does for the same work. Mr. President, I will turn to another the same job, the same work, does all I won’t go into all the elements of subject this evening. I know we have to of that in the same way a man does and the legislation, but some of them in- wrap up, and I am the last speaker of is hired by a company, she should be volve what happens in the event of a the evening, but this is a topic that paid the same wage. conflict—if a woman is discriminated doesn’t get enough attention even It seems so simple, so elementary, against based upon her pay and she though it was the subject of a lot of but unfortunately we have had more brings an action in a court, what will coverage and attention in the last cou- than one generation now where that be the rules that govern that case. I ple of weeks and especially the last has not been the case. Depending on think we should do everything possible couple of days; that is, the elections in what study or what year we are talking to make sure that if an employer has a Afghanistan. about, women make, on average, 76 defense, they have to earn that defense, Many people know that some of the cents for every dollar a man makes, or especially in this kind of litigation. reporting indicated that the results 77 cents. It has always been in that One part of the legislation prohibits were good in terms of turnout. There band of similar numbers. retaliation for employee complaints. In are a lot of questions to review, but we I think for a lot of families it is dis- other words, if a woman is inquiring don’t know the results of the elections. turbing. How do I tell, in my case, my about or discussing or disclosing the It is, however, remarkable how the Af- four daughters to just do well in school wages of herself or some other em- ghan people turned out to choose their and work hard, as they have, and get ployee, she is not retaliated against. It second democratically elected Presi- good grades, and once you are on a ca- is hard to believe we have to legislate dent. About 60 percent of the 12 million reer path, you will be fairly com- and make that the subject of debate. eligible voters defied Taliban threats pensated for your work because of all One would think that if a woman is to cast their votes. I am hopeful these that hard work you did and the good working in a company for years and elections are a step toward a smoother work you do for an employer. What can she is aggrieved and has a claim to transfer of power later this year. I say if they come to me—I hope this make and is asked what the foundation By the way, that voter turnout num- never happens—10 or 20 years from now of her claim is, her questions, her in- ber in terms of eligible voters is a little and say: You know, what you told me quiries, her comparisons between and higher than we had in the United isn’t true. I did well in school, I worked among different sets of data, what she States of America in 2012. Secretary hard, I got hired and worked hard in makes, what a man who does the same Kerry said last week that this election the job I have had, and I am getting work has been paid—that those basic has been ‘‘Afghan owned from the paid 76 cents for the $1 a man makes questions should never, ever be the start.’’ doing the same work in the same place subject of retaliation by an employer, The Afghan government security at the same time. It makes no sense. but too often they are. So we have to forces and civil society worked to- So really, in essence, it is about legislate. We have to specifically pro- gether to make these elections happen whether we are going to be true to our hibit that kind of conduct by an em- despite concerted efforts by the words and true to the values of this ployer, as maddening and as frus- Taliban to sow fear and destroy demo- country, and it is about giving people a trating as that is. cratic progress. fair shot on something as fundamental One would think that employers The service of our men and women in as the wages they are paid for their would want to make things right; that uniform set the stage for this progress. labor—to use an expression from the they would want to make sure that if a U.S. training and mentoring helped the Bible, laboring in the vineyards; labor- man is paid a buck for his work, a Afghan National Security Forces get to ing at a job and being paid in a fair woman doing the same work is paid the the point where it could secure polling manner. same amount. She shouldn’t have to centers and allow these elections to There was a report not too long ago— ask. She shouldn’t have to be worried happen. not this year but a few years ago—that about any kind of reprisal or retalia- We know in 2009 the international se- looked at a State-by-State weekly pay tion or punishment. But the state of curity forces bore the brunt of the elec- comparison. In that report, Pennsyl- the law today is such that retaliation tion’s security efforts, including, of vania women made, on average, $694 a goes without sanction in the United course, American fighting men and week, while men in Pennsylvania were States of America. It is very insulting women—our soldiers, at that time. paid $849 a week—an 18.3-percent dif- to women and insulting to families. The State Department, USAID, and ferential. But that is not the end of the So there is lots we can do, but the NGOs also put a tremendous amount of story. It gets worse. For people 50 years most important thing we can do is to work in supporting Afghan institutions

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In the National Defense Author- those of the coalition forces as well. main disenfranchised. ization Act’s amendment last year, I Mr. President, I ask unanimous con- But when it came to attacks on Election urged the administration to focus espe- sent to have printed in the RECORD an Day, the Taliban’s threats seemed to be cially on ensuring there were enough article about the election from the New greatly overstated. Only one suicide bombing female poll workers and security per- York Times dated April 5, 2014. attempt could be confirmed—in Khost—and sonnel to ensure all Afghan women who There being no objection, the mate- the bomber managed to kill only himself wanted to vote could do so safely and rial was ordered to be printed in the when the police stopped him outside a polling place. RECORD, as follows: without fear of intimidation. In three scattered attacks on polling Female voters turned out in numbers [From the New York Times, Apr. 5, 2014] places, four voters were reported killed. Two never seen before in Afghanistan, AFGHAN TURNOUT IS HIGH AS VOTERS DEFY rockets fired randomly into the city of which speaks to their tremendous brav- THE TALIBAN Jalalabad wounded eight civilians. One bor- ery and unwavering commitment to (By Rod Nordland, Azam Ahmed and der policeman, in southern Kandahar Prov- fighting for their rights as Afghan citi- Matthew Rosenberg) ince, and another policeman in remote west- zens. This is an incredible number. KABUL, AFGHANISTAN.—Defying a campaign ern Farah Province were confirmed killed in About one third of the 7 million voters, of Taliban violence that unleashed 39 suicide Taliban attacks, according to preliminary bombers in the two months before Election reports. according to the reports, were women. Bad as all that was, it was a lower casualty Many women were voting for the first Day, Afghan voters on Saturday turned out in such high numbers to choose a new presi- toll than on a normal day in Afghanistan, let time. I don’t have an enlargement, but dent and provincial councils that polling alone an election on which both the insur- this is a photograph which appeared a hours were extended nationwide, in a tri- gents and the government had staked their day after the election which depicts a umph of determination over intimidation. credibility. Interior Minister Umar Daudzai line of 50 or more women standing in Militants failed to mount a single major said there were 140 attacks nationwide on the rain under a plastic tarp waiting to attack anywhere in Afghanistan by the time Saturday, compared with 500 attacks re- vote. polls closed, and voters lined up despite corded by the American military in 2009. heavy rain and cold in the capital and else- In preparation for the election, the Afghan The American service men and government mobilized its entire military women and, of course, taxpayers have where. ‘‘Whenever there has been a new king or and police forces, some 350,000 in all, backed made a tremendous investment in Af- president, it has been accompanied by death up by 53,000 NATO coalition troops—al- ghanistan to make it the nascent de- and violence,’’ said Abdul Wakil Amiri, a though the Americans and their allies stayed mocracy it is today. From harsh government official who turned out early to out of it, leaving Afghans for the first time Taliban rule, Afghanistan is emerging vote at a Kabul mosque. ‘‘For the first time, entirely in charge of securing their own elec- as a fledgling democracy, with tremen- we are experiencing democracy.’’ tion. After 12 years with President Hamid ‘‘Voting on this day will be a slap in the dous gains in education and health faces of the terrorists,’’ said Rahmatullah care. Karzai in power, and decades of upheaval, coup and war, Afghans on Saturday were for Nabil, the acting head of the National Direc- Just imagine. Girls who were lit- the first time voting on a relatively open torate of Security, the Afghan domestic in- erally at zero in their representation in field of candidates. telligence agency. schools a little more than a decade ago Election officials said that by midday Sensitive to concerns about potential now constitute 42 percent of Afghan more than three and a half million voters fraud—more than a million ballots were children enrolled in school. That didn’t had turned out—already approaching the thrown out in the 2009 presidential vote and happen because of just some policy in total for the 2009 vote. The election commis- then again in the 2010 parliamentary elec- sion chairman, Mohammad Yusuf Nuristani, tions—the police were quick to report their effect. There was a lot of bravery and efforts to crack down on Saturday. valor demonstrated by families and by said the total could reach seven million. ‘‘The enemies of Afghanistan have been de- Among those arrested were four people in young girls going to school under ter- feated,’’ he declared. Khost who were caught with 1,067 voter reg- rible threats—threats of death and in- But even as they celebrated the outpouring istration cards. Several people, including an timidation. We all know about the ter- of votes, many acknowledged the long proc- election official, were caught trying to stuff rible stories of young girls walking or ess looming ahead, with the potential for ballot boxes in Wardak Province. riding to school and having acid problems all along the way. ‘‘This has been the best and most incident- International observers, many of whom free election in Afghanistan’s modern his- thrown in their faces. Despite specific tory and it could set the precedent for a his- attacks on girls or young women, they had fled Afghanistan after a wave of attacks on foreigners during the campaign, cau- toric, peaceful transition of power in Afghan- keep going to school. tioned that how those votes were tallied and istan,’’ said Mohammad Fahim Sadeq, head It also happened because of the great reported would bear close watching. of the Afghanistan National Participation sacrifice of our fighting men and It is likely to take at least a week before Organization, an observer group. women—those killed in action or even incomplete official results are an- In many places where voting was nearly wounded in action, tens of thousands of nounced, and weeks more to adjudicate Elec- impossible in 2009, the turnout was reported Americans. In Pennsylvania to date we tion Day complaints. Some of the candidates to be strong. One was Panjwai district, a once-violent haven of the Taliban just out- have lost 91 soldiers killed in action were already filing fraud complaints on Sat- urday. side Kandahar City, where hundreds lined up and almost 740 wounded in action. With eight candidates in the race, the five to vote. ‘‘I left everything behind, my fears So all of these results—whether it is minor candidates’ shares of the vote made it and my work, and came to use my vote,’’ about democracy or whether it is about even more difficult for any one candidate to said Hajji Mahbob, 60, a farmer. ‘‘I want girls in school, women being able to reach the 50 percent threshold that would change and a good government and I am ask- vote, or a range of other metrics, allow an outright victory. A runoff vote is ing the man I am going to elect as the next health care and otherwise—came with unlikely to take place until the end of May president to bring an end to the suffering of tremendous sacrifice, the kind of sac- at the earliest. this war.’’ Even where the Taliban did manage to rifice most of us don’t really have a The leading candidates going into the vote were Ashraf Ghani, 64, a technocrat and strike, voters still turned out afterward. A sense of. At least I don’t. former official in Mr. Karzai’s government; bomb set off at a polling place in the Mo- The results will be returned later Abdullah Abdullah, 53, a former foreign min- hammad Agha district of Logar Province this month on the election in Afghani- ister who was the second biggest vote-getter killed two voters and wounded two others, stan. If a runoff is necessary, I hope all against Mr. Karzai in the 2009 election; and according to the district governor, Abdul parties will work together to ensure Zalmay Rassoul, 70, another former foreign Hamid. ‘‘The explosion dispersed the voters the process is credible, transparent, minister. who were holding their voting cards and and free from violence. Both Mr. Ghani and Mr. Abdullah praised waiting to vote,’’ said Zalmai Stanakzai, a Once President Karzai’s successor is the vote. ‘‘A proud day for a proud nation,’’ car repair shop owner who was there. ‘‘Some Mr. Ghani said. of us left, the others stayed. I was concerned in place, the Afghan government and Still, a shortage of ballots at polling places about our safety, but we considered voting the Afghan people should move quickly was widespread across the country by mid- our duty.’’ to sign the bilateral security agree- day Saturday, and some voters were in line Insurgents set off a series of five blasts in ment and affirm the commitments the when polls closed. the Shomali plain, just north of Kabul city,

VerDate Sep 11 2014 08:14 Feb 06, 2015 Jkt 000000 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S08AP4.REC S08AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2292 CONGRESSIONAL RECORD — SENATE April 8, 2014 in the village of Qarabagh. ‘‘After the explo- ments. Each of the leading candidates has growing old. He talked about how he sions, the polling stations reopened and peo- agreed to sign the deal once in office, though dealt with the fear of growing old in ple rushed to vote,’’ said Mohasmmad inauguration day may not take place until nautical terms. He said: ‘‘I steer my Sangar, 32, a used-car salesman there. ‘‘It well into the year. bark with hope in the head, leaving was a great day today.’’ The election on Saturday was notable also Nicholas Haysom, the United Nations’ top for how many Afghan women were taking fear astern.’’ That is all I thought election official here, said: ‘‘We know that part. More female candidates than ever be- about when I heard what the 60-year- the Taliban have made a very explicit and fore are on provincial ballots, and two are old farmer said; that even though he express threat to disrupt it. The failure to running for vice president, the first time a had fears—the fear of death, the fear of disrupt the elections will mean that they woman was ever put up for national office reprisal against him, his family or peo- will have egg on their face after the elec- here, which has generated a great deal of en- ple in his neighborhood—he was willing tions.’’ thusiasm, especially in urban areas. At the women’s polling station in the to say his right to vote was so impor- While there were reports of disrupted vot- tant he was willing to leave those fears ing in troubled places like Logar Province Nadaria High School, in Kabul’s Qala-e- and neighboring Wardak, in Helmand Prov- Fatullah neighborhood, among those lining and his work behind so he could vote. ince in the south and Nangarhar Province in up to vote was a young mother, Parwash What a tremendous inspiration on a the east, at the same time voters were show- Naseri, 21. Although wearing the blue burqa subject—the conflict in Afghanistan ing up in unexpectedly high numbers in that is traditional here, she was still willing and all which comes from it that often other places, like Zabul, Uruzgan and to speak out through the privacy mesh cov- is not the subject of positive com- Kandahar Provinces in the south, and Kunar ering her face. mentary or inspiration. For once and Province in the northeast, despite strong in- She was voting, for the first time, for her children and for women’s rights, she said, all too infrequently, this is one of surgent presences in those areas. those occasions where we can be posi- In Uruzgan, election authorities had to speaking in a whisper. ‘‘I believe in the right open additional polling places to accommo- of women to take part just as men do, to get tive about a result. date unexpected numbers, while in Daikundi themselves educated and to work.’’ We have more work to do to make they ran out of ballots in some remote dis- Mr. CASEY. I wish to highlight two sure the bilateral security agreement tricts and election authorities had to race quotes. The first is from a 21-year-old is signed, but we should draw some new ones out to them. In northern Mazar-i- woman who is voting for the first time measure of inspiration from what hap- Sharif, voters were still lined up after dark. in this election: pened in Afghanistan and the progress Underwritten by $100 million from the which has been made there. United Nations and foreign donors, the elec- She was voting, for the first time, for her tion was a huge enterprise, stretching across children and for women’s rights, she said, Mr. President, I yield the floor. speaking in a whisper. ‘‘I believe in the right extremely forbidding terrain. Some 3,200 f donkeys were pressed into service to deliver of women to take part just as men do, to get ballots to remote mountain villages, along themselves educated and to work.’’ ADJOURNMENT UNTIL 10 A.M. with battalions of trucks and minibuses to A remarkable inspiration from a 21- TOMORROW 6,500 polling places in all. The American year-old woman voting for the first military pitched in with air transport of bal- time in Afghanistan. The PRESIDING OFFICER. The Sen- lots to four regional distribution centers, The second quotation is from a 60- ate stands adjourned until 10 a.m. to- and to two difficult-to-reach provinces. year-old farmer who was asked by a re- morrow. Though many international observers left porter what it was like to vote under Thereupon, the Senate, at 7:49 p.m., Afghanistan in the wake of attacks on for- the threats that were either proxi- adjourned until Wednesday, April 9, eigners, or found themselves confined to 2014, at 10 a.m. quarters in Kabul, years of expensive prep- mate—meaning something happening arations and training of an army of some in almost real time or in the recent f 70,000 Afghan election observers were ex- past—or just the overall threat posed pected to compensate, according to Western by the Taliban and other extremists. CONFIRMATIONS diplomats and Afghan election officials. ‘‘We This farmer said: Executive nominations confirmed by have so many controls now, it’s going to be I left everything behind, my fears and my the Senate April 8, 2014: much safer this time,’’ said Noor Ahmad work, and came to use my vote. I want a DEPARTMENT OF ENERGY Noor, the spokesman for the Independent change and a good government . . . Election Commission. FRANK G. KLOTZ, OF VIRGINIA, TO BE UNDER SEC- The American ambassador, James B. He goes on from there to describe RETARY FOR NUCLEAR SECURITY. Cunningham, called the elections a ‘‘really what he hopes will happen. But just DEPARTMENT OF THE INTERIOR historic opportunity for the people of Af- imagine that. He said: NEIL GREGORY KORNZE, OF NEVADA, TO BE DIRECTOR ghanistan to move forward with something I left everything behind, my fears and my OF THE BUREAU OF LAND MANAGEMENT. we’ve been trying to create together with work, and came to use my vote. IN THE AIR FORCE them for several years now.’’ When I read that, I thought about Still up in the air is the question of wheth- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT something Thomas Jefferson said in a IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- er an American troop force will remain in CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE Afghanistan after 2014. Mr. Karzai’s refusal letter to John Adams when he was an AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION to sign a long-term security deal to allow older man. He was describing the fear 601: that presence was a major point of tension of old age—not the kind of fear of re- To be general between the American and Afghan govern- prisal if you were voting but the fear of GEN. PAUL J. SELVA

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