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

Vol. 160 WASHINGTON, THURSDAY, JUNE 26, 2014 No. 101 Senate The Senate met at 9:30 a.m. and was Senator from the State of Montana, to per- and that will be a cloture vote. She has called to order by the Honorable JOHN form the duties of the Chair. been nominated by the President for E. WALSH, a Senator from the State of PATRICK J. LEAHY, the Third Circuit. Montana. President pro tempore. At 1:45 p.m., we will confirm several Mr. WALSH thereupon assumed the additional nominations, but we expect PRAYER Chair as Acting President pro tempore. to have only one rollcall vote at that The Chaplain, Dr. Barry C. Black, of- f time. fered the following prayer: RECOGNITION OF THE MAJORITY MEASURE PLACED ON THE CALENDAR Let us pray. LEADER Mr. REID. Mr. President, H.R. 3301, I Lord of night and day to whose will am told, is due for a second reading; is The ACTING PRESIDENT pro tem- all the stars are obedient, we submit to that true? pore. The majority leader is recog- Your sovereignty and might. Remind The ACTING PRESIDENT pro tem- nized. our lawmakers that You are often clos- pore. The majority leader is correct. est to us when we feel far from You. f The clerk will read the bill by title Give our Senators confidence in the BIPARTISAN SPORTSMEN’S ACT for the second time. triumph of Your eternal purposes. May OF 2014—MOTION TO PROCEED The assistant legislative clerk read they strive each day to do something as follows: Mr. REID. Mr. President, I now move that will strengthen their hold upon to proceed to Calendar No. 384, S. 2363, A bill (H.R. 3301) to require approval for the world unseen. Impart to them the the construction, connection, operation, or the Hagan Sportsmen’s legislation. wisdom to release Earth’s fleeting maintenance of oil or natural gas pipelines The ACTING PRESIDENT pro tem- things, as they seek to conform to the or electric transmission facilities at the na- pore. The clerk will report the motion. life of the world to come. tional boundary of the United States for the The assistant legislative clerk read And, Lord, please bless our faithful import or export of oil, natural gas, or elec- as follows: tricity to or from Canada or Mexico, and for Senate pages who will be leaving us other purposes. soon. Motion to proceed to Calendar No. 384, S. 2363, a bill to protect and enhance opportuni- Mr. REID. Mr. President, I object to We pray in Your sacred Name. Amen. ties for recreational hunting, fishing, and any other proceedings at this time. f shooting, and for other purposes. The ACTING PRESIDENT pro tem- SCHEDULE PLEDGE OF ALLEGIANCE pore. Objection is heard. The bill will Mr. REID. Mr. President, following be placed on the calendar. The Presiding Officer led the Pledge my remarks and those of the Repub- IMMIGRATION REFORM of Allegiance, as follows: lican leader, the Senate will be in a pe- Mr. REID. Mr. President, the late co- I pledge allegiance to the Flag of the riod of morning business until noon, median Leslie Nielsen said: ‘‘Doing United States of America, and to the Repub- with the time equally divided and con- nothing is very hard to do . . . you lic for which it stands, one nation under God, trolled between the two leaders or indivisible, with liberty and justice for all. never know when you’re finished.’’ Per- their designees. haps that is the case with the Repub- f ORDER OF PROCEDURE lican-controlled House of Representa- APPOINTMENT OF ACTING Mr. President, I ask unanimous con- tives. They just don’t know when to PRESIDENT PRO TEMPORE sent that the previous order with re- finish doing nothing on immigration spect to the Krause nomination be reform. The PRESIDING OFFICER. The modified so that the Senate will pro- Today marks the 365th day that the clerk will please read a communication ceed to executive session at 11:45 a.m. tea party-driven House of Representa- to the Senate from the President pro and vote on the motion to invoke clo- tives has sat on their hands refusing to tempore (Mr. LEAHY). ture on the Krause nomination, with fix our broken immigration system. The assistant legislative clerk read all previous provisions remaining in ef- The Senate was able to pass immigra- the following letter. fect. tion reform 52 weeks ago because both U.S. SENATE, The ACTING PRESIDENT pro tem- Democrats and Republicans in the Sen- PRESIDENT PRO TEMPORE, pore. Without objection, it is so or- ate understood the urgent need to Washington, DC, June 26, 2014. To the Senate: dered. amend our Nation’s immigration laws. Under the provisions of rule I, paragraph 3, Mr. REID. At 11:45 a.m., the Senate Yet for 12 months—52 weeks—radical of the Standing Rules of the Senate, I hereby will vote on the nomination of Cheryl Republicans in the House have refused appoint the Honorable JOHN E. WALSH, a Ann Krause to be U.S. circuit judge, to address the real issues affecting the

∑ 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 Mar 15 2010 04:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.000 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4096 CONGRESSIONAL RECORD — SENATE June 26, 2014 American immigration system. Instead have just explained, there are 11 mil- RECOGNITION OF THE MINORITY LEADER of obsessing over the President’s depor- lion people, and they play a crucial The ACTING PRESIDENT pro tem- tation policies, they should pass this part in our economy and the commu- pore. The Republican leader is recog- legislation. They have made it clear nities where they live. I don’t know nized. they will not act on immigration re- why the House Republicans don’t real- MIDDLE-CLASS JOBS form until they can trust the Presi- ize that. If they did, they would be Mr. MCCONNELL. Yesterday I talked dent—whatever that means—to enforce working to fix our immigration sys- about how supposedly moderate Senate the law. tem. Democrats are supposedly incapable of The bill that passed the Senate 52 Waiting 52 weeks? They have done advancing important policies they weeks ago has the most stringent bor- nothing for 365 days. They claim to be claim to support, policies such as ap- der security measures in the history of working on jobs bills and legislation to proving the Keystone Pipeline. These the world. What we have agreed to do reduce the debt. If that is the case, why Senate Democrats just can’t stop talk- with the border is unbelievable. So any don’t they do something about raising ing about how much they love Key- complaint about border security is just the minimum wage? Why don’t they do stone. Yet they will not stop enabling not well taken. something about extended unemploy- their own Democratic leadership to It appears to me the Republicans ment benefits? Why don’t they do block approval of this shovel-ready, want more deportations and more fam- something about making it so my job-creation project. They have been ilies torn apart. Do they also want daughter, my wife, and daughters and doing so for years now. So it is hard to more debt? Immigration reform will re- wives and mothers all over America get take what they say very seriously. duce the debt by $1 trillion. Is the im- paid for doing the same work men do? That is true when it comes to the migration platform by the extremists That would be good for the economy. Obama administration’s war on coal in the Republican Party to deport first How about student debt. Why don’t jobs too. Some of our friends on the and find solutions later or never? I they do something about the debt stu- other side want their constituents to guess that is what it is. dents have—$1.3 trillion. think they will stand up to this elitist Recently, Republican Congressman Yesterday or the day before Senator war on middle-class jobs. These Sen- DARRELL ISSA circulated a letter de- DURBIN spoke about a company that ators want everyone to believe they are manding that President Obama end a went bankrupt. They have one school opposed to this administration’s waves program that prevents young people in Nevada. It is a for-profit school that of job-killing energy regulations. with longstanding ties to America from has been ripping off young men and The truth is it is just the opposite. being deported. He offers no plan to women—some not so young—for years. These Democratic Senators say they solve our Nation’s immigration quan- Senator DURBIN said more than 90 per- are ready to stand and fight, but when dary or to keep families together—just cent of all the income that institution push comes to shove we can’t find them anywhere. Instead, we continually see more deportations. got came from Federal loans, and the There is not anyone who believes this default rate is extremely high. Why them supporting the majority leader country can fiscally or physically de- don’t we do something about student and the Democratic Senate leadership port 11 million people. The bill Con- debt? that dutifully does the bidding of gress passed many years ago in 1985—I The fact is the Senate-passed immi- President Obama and the far left. On this issue the Democratic leader- guess is when it was—didn’t work. It gration bill reduces the deficit and ship has gotten ever more extreme in allowed people to come here without spurs the economy more than all the its defense of the war-on-coal jobs. proper documentation. We tried a pro- House bills currently awaiting Senate action combined. Multiple times I have tried to offer leg- gram, and it simply hasn’t worked— I urge my Republican friends and the islation that would ease the pain for employer sanctions. It doesn’t matter Republican leadership in the House to Kentucky’s coal families—hard-work- how we got to where we are; we have to stop doing nothing and bring immigra- ing Americans who just want to work change things. We must have com- tion reform to a vote. and put food on the table. prehensive immigration reform. Again, As the comedian said: ‘‘Doing noth- I pushed for Senate approval of com- Congressman ISSA offers no plan to ing is very hard to do . . . you never monsense bills, such as the Saving Coal solve our Nation’s immigration quan- know when you’re finished.’’ Maybe Jobs Act and the Coal Country Protec- dary or keep families together—just that is the problem with them. Perhaps tion Act, but the majority leader more deportations. They are running now is the time for newly appointed blocks those efforts at every turn, and out of excuses. Congressman ISSA and House majority leader KEVIN MCCAR- none of the so-called moderate Senate Republicans have gone so far as to turn THY, who comes from Bakersfield, in Democrats ever come to the floor to as- a humanitarian crisis at our Nation’s the State of California, where com- sist me in my efforts. Every time they southern border into a political game. prehensive immigration reform is cer- choose to follow a party line instead— The people coming from Central tainly necessary, to take a position on the party line of the majority leader America to America are trying to es- immigration reform. Will he bring the they support. cape a war-torn and poverty-ridden Senate-passed bill to a vote? If not, The most troubling is the majority country. Yesterday, the Republicans what does he propose? leader whom these Democrats support reached a new low by accusing these Republicans in the House have a is so determined to stamp out opposi- kids—some of them 3 years old—of choice of allowing a vote on common- tion to the President’s job-killing regu- lying about the reason they have come sense immigration reform in July or lations he has taken to shutting down to the United States. They are fleeing certainly be the ones to blame for not the legislative process altogether. His violence, extreme poverty, and they doing it. There is certainly a lot of efforts have even begun to affect our are coming because they are scared. blame to go around, and it is all fo- committee work. They are afraid. These children are vul- cused in one direction. Case in point. Just last week Senate nerable and need to be reunited with The Republicans in the House have Democratic leadership pulled the En- their parents, and that is what we are wasted enough time already. Bring this ergy and Water appropriations bill trying to do. legislation before the House for a vote. from committee consideration because Our Nation cannot deport our way It would pass overwhelmingly. I would it feared a procoal jobs amendment I out of this problem. Immigration re- bet we could get a majority of the Re- wanted to offer that might actually form is about families, and we are not publican votes, and of course it would pass. We saw yet another example of the Republican-dominated House of get 90 percent of the Democratic votes that this week when Senate Democrats Representatives. We, as a nation, value over there. It has enough bipartisan pulled the Financial Services appro- families and see the family structure support to pass. So let it come up for priations bill from committee consider- as a cornerstone of our communities. consideration. This is a democracy. Let ation for the same reason. The Senate Undocumented immigrants, regard- them have a vote. Americans want us Democratic leadership apparently less of how they got here and why they to fix this Nation’s broken immigra- doesn’t want Members of the Senate, lack the proper documentation, are our tion system. So let’s do it and do it even in committee—even in com- neighbors and our classmates. As I now. mittee—to have any real say in the

VerDate Mar 15 2010 04:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.001 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 26, 2014 CONGRESSIONAL RECORD — SENATE S4097 contours of the President’s energy reg- middle class jobs in each of our States. I have worked closely, and we have had ulations—regulations that will affect But we can’t do any of that without 10 people who have gone through the millions of our constituents in pro- dance partners on the Democratic side. entire process—from the application found ways. And there is hardly a true moderate in process, the vetting process, the con- Appropriations bills are exactly what sight anymore. I can remember when sideration, the recommendation by the Senate should be voting on. Our we used to have moderates over on the Senator CASEY and myself jointly to constituents sent us here to debate big Democratic side, but we can’t find the White House, the nomination, and issues, to amend and improve policies them today. It is a shame for our coun- through the confirmation process—10 that work, and to repeal the ones that try. people who have successfully gone don’t. That is our job description. But I and my party are going to keep through that process already. There the Democratic majority won’t allow fighting for the middle class either are four additional candidates, re- us to fulfill it. way, even if we have to continue car- cently nominated by the President at The extremism here is really wor- rying on the battle for sensible, com- the recommendation of Senator CASEY rying. But the majority leader couldn’t monsense solutions all by ourselves. and myself, and I am very hopeful the get away with it if the Democrats in Mr. President, I yield the floor. Senate will confirm all four of them his conference who claim to be ‘‘mod- f later this year. erate’’ would actually stand up to him We still have remaining vacancies, for once. The so-called moderates could RESERVATION OF LEADER TIME and we are working on filling those va- stand up to him when he tries to shut The ACTING PRESIDENT pro tem- cancies as well, but we are making down the legislative process, but they pore. Under the previous order, the progress, and it is in this spirit of bi- don’t. The so-called moderates could leadership time is reserved. partisan cooperation in filling vacan- stand up to him when he blocks every cies on the Federal court that Senator f reform of the President’s job-killing CASEY and I are both enthusiastically regulations or when he blocks every ef- MORNING BUSINESS supporting the nomination of Ms. fort to approve the Keystone Pipeline, The ACTING PRESIDENT pro tem- Krause to the Third Circuit. but they don’t. They won’t even stand I certainly hope my colleagues on pore. Under the previous order, the up to President Obama when he jets off both sides of the aisle today will vote Senate will be in a period of morning to speak to partisan groups and friend- to support her confirmation. business until 11:45 a.m., with the time ly audiences that rarely have the best Cheryl Krause is an extremely quali- equally divided and controlled between interests of coal country at heart. fied individual. There is no question the two leaders or their designees, and I know the President will also be try- about that. She has a wealth of legal with Senators permitted to speak ing out a new PR campaign today to experience in both public service and in therein for up to 10 minutes each. see what life is really like for the mid- private practice. In fact, her back- The Senator from Vermont. dle class—for those beyond the White ground is so impressive that the ABA Mr. SANDERS. I thank the Chair. House gates. But he won’t see the con- gave her a unanimous well-qualified (The remarks of Mr. SANDERS per- sequences of his EPA regulations at a rating. political rally. He won’t see what his taining to the introduction of S. 2548 She has excellent educational creden- IRS has done to grassroots organiza- are printed in today’s RECORD under tials. She earned her undergraduate de- tions. He won’t hear from the families ‘‘Statements on Introduced Bills and gree from the University of Pennsyl- of veterans who died while waiting for Joint Resolutions.’’) vania, where she graduated summa a bureaucrat to hand out a doctor ap- Mr. SANDERS. I yield the floor. cum laude. She went on to Stanford pointment. And he won’t see the dam- The ACTING PRESIDENT pro tem- Law School, where she graduated with age ObamaCare has caused for working pore. The Senator from Pennsylvania. highest honors. She clerked for Justice families. f Kennedy on the U.S. Supreme Court. Well, if he is actually serious about She has been a U.S. attorney in the KRAUSE NOMINATION this initiative, then he will come to Southern District of New York, where Kentucky to see the tragic effects of Mr. TOOMEY. Mr. President, I rise she served for 5 years. She has taught his policies firsthand. I invite him to this morning to speak on the nomina- at the University of Pennsylvania Law visit with local coal families in my tion of Cheryl Krause to serve as a School. She is currently a partner at State and hear the other side of the judge on the Third Circuit Court of Ap- the law firm of Deckert LLP. story they won’t hear from California peals. So she has a wealth of experience—it billionaires. I invite him to meet with Cheryl Krause was nominated by the is relevant experience—and a terrific the veterans I hear from every day, and President on February 6, 2014. background. She has been both on the I invite him to meet with families such I want to start with a few thank yous prosecution side and on the defense as the Whitehead family from Allen for where we are in this process. First, side, so she understands both perspec- County, who write to me about the Chairman LEAHY and Ranking Member tives, both of which need to be under- damage his ObamaCare law has already GRASSLEY. I appreciate their expe- stood to have a properly balanced per- done to them. But I doubt he will, and diting the consideration of Cheryl spective on the court. I doubt the so-called moderate Sen- Krause through committee. They In addition to a very strong legal ators will push him to do so anyway. moved that process along very quickly. record, Cheryl Krause has dem- So perhaps it is time these Senators I thank Leader REID and Leader onstrated a commitment to serving her stop referring to themselves as mod- MCCONNELL for agreeing to bring Ms. community. She served as counsel to erate at all. If they are not willing to Krause’s nomination to the Senate the Philadelphia Board of Ethics. She stand up to the majority leader or the floor so quickly. In fact, later this has represented children with disabil- President when it counts, then they morning my understanding is we have ities. She has led Deckert’s partnership are just another party-line Democrat. a cloture vote on consideration of her with Penn Law School in a project that It is really too bad, because we Repub- nomination. supervises law students representing licans on this side of the aisle want to From my point of view, this is part of indigent defendants. come to bipartisan solutions on the an ongoing effort I have with Senator She comes from a family of public issues affecting so many of our con- CASEY, my colleague from Pennsyl- service. Her husband has a distin- stituents. We want to pass common- vania—a bipartisan collaboration to guished career in the United States sense energy legislation that can cre- make sure we are filling vacancies as military. ate well-paying jobs, increase North they occur, as quickly as we respon- So, to conclude, I am confident Ms. American energy independence, and sibly can, to make sure we have as Krause will serve as an excellent Fed- lower utility prices for struggling mid- close to a full complement of Federal eral appellate judge. She has the cru- dle class families. We want to give Con- judges as we possibly can. cial qualities we look for in a can- gress a say on extreme policies from So thus far, in the 31⁄2 years I have didate for such an important post: in- the administration that take aim at been in the Senate, Senator CASEY and telligence, integrity, experience, a

VerDate Mar 15 2010 04:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.003 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4098 CONGRESSIONAL RECORD — SENATE June 26, 2014 commitment to public service, and an President Obama failed to act ‘‘con- tion that the Congress passed during understanding of and respect for the sistent with the Constitution’s broad those pro forma sessions. The Depart- limited role the judiciary plays in our delegation of authority to the Senate ment allowed the President, rather constitutional system. to ‘determine the Rules of its Pro- than the Congress, to decide whether The Senate Judiciary Committee ap- ceedings,’ ’’ as the Constitution states. the Senate was in session. parently shares my confidence in These illegal appointments represent As today’s Supreme Court unanimous Cheryl Krause. They unanimously re- just one of the many important areas decision makes clear, the Office of ported her out of committee, unani- where President Obama has dis- Legal Counsel opinion was an embar- mously supporting her confirmation. regarded the laws with his philosophy rassment, reflecting very poorly on its So I am pleased to speak on behalf of of the ends justify the means. author. She had told us in her con- this highly qualified nominee, and I We should all be thankful the Su- firmation hearing that she would not urge my colleagues to support her con- preme Court has reined in this kind of let her loyalty to the President over- firmation. lawlessness on the part of this adminis- come her loyalty to the law. This Of- Thank you, Mr. President. tration, and it should also bring some fice of Legal Counsel opinion proved The ACTING PRESIDENT pro tem- confidence that at least from time to otherwise. It said the President had a pore. The Senator from Iowa. time—maybe not as often as our con- power he did not have. He did not have f stituents think—the checks and bal- that power, as expressed today by that ances of government do work. RECESS APPOINTMENTS unanimous decision of the Supreme The Supreme Court was called upon Court. Mr. GRASSLEY. Mr. President, I rise to decide whether President Obama Those partisans in that office who de- today to praise the Supreme Court’s could make recess appointments even fended that opinion and its author decision to strike down President when the Senate was in pro forma ses- should be humbled and should take Obama’s illegal recess appointments. sion. Fortunately for the sake of the back their misplaced praise—not that I Article II, section 2 of the Constitution Constitution and the protection of in- expect them to do so. provides for only two ways in which dividual liberty, the Supreme Court The Office of Legal Counsel opinion Presidents may appoint certain offi- said he could not. This is a very signifi- furthered a trend for that office from cers: cant decision. It is the Supreme one which gave the President objective First, it provides that the President Court’s biggest rebuke of any Presi- advice about his authority to one nominates and, by and with the advice dent—because this was a unanimous which provided legal justification for of the Senate, appoints various offi- decision—since 1974 when it ordered whatever action he had already decided cers. President Nixon to produce the Water- he wanted to take. Perhaps now that Second, it permits the President to gate tapes. The unanimous decision in- the office has been so thoroughly hu- make temporary appointments when a cluded both Justices whom even this miliated, it will hopefully conclude vacancy in one of those offices happens President appointed to the Supreme that the Department and the President when the Senate is in recess. Court. will be better served by returning to On January 4, 2012, the President That shows the disregard in which the former role of that office as a serv- made four appointments. They were the President held this body and the ant of the law and not a servant of the purportedly based on the recess ap- Constitution when he made these ap- President. pointments clause. He took this action pointments. Remember, as I just said, I even though they were not made, in am a little surprised because at one The other statements to keep in the words of the Constitution, ‘‘during time he was Senator Barack Obama. mind were from Senators. No Senator the recess of the Senate.’’ These ap- Thanks to the Supreme Court, the of the President’s party criticized pointments were blatantly unconstitu- use of recess appointments will now be President Obama for making these tional. They were not made with the made only in accordance with the clearly unconstitutional appointments, advice and consent of the Senate, and views of the writers of the Constitu- even though they felt we ought to pro- they were not made ‘‘during the recess tion, our Founding Fathers. tect against President Bush doing that. of the Senate.’’ In December and Janu- It is worth keeping in mind what the Rather than protect the constitutional ary of 2011 and 2012, the Senate held President, the Justice Department, and powers of the Senate and the separa- sessions every 3 days. It did so pre- the Senate said at the time of these ap- tion of powers, they protected their cisely to prevent the President from pointments. The President said his party’s President. making recess appointments. It fol- nominees were pending and he would Those were not the Senate’s best mo- lowed the very same procedure as it not wait for the Senate to take action ments. This underscores again the need had during the term of President Bush, if that meant important business to change the operation of the Senate. and that was done at the insistence of would be done. So the President stated Appointment powers and the separa- Majority Leader REID. President Bush in another way that ‘‘I have a pen and tion of powers are not simply constitu- then declined to make recess appoint- a phone, and if Congress won’t, I will.’’ tional concepts, they are the rule for ments during these periods, thus re- But the Supreme Court has made clear how the American people are protected specting the desire of the Senate and that failure to confirm does not create from abuse by government officials. the Constitution that we were in ses- Presidential appointment power. They exist not so much to protect the sion. But President Obama chose to at- The appointments were so blatantly branches of government but to safe- tempt to make recess appointments de- unconstitutional that originally there guard individual liberty. spite the existence of the Senate being was speculation that the Justice De- I often quote from Federalist Papers, in session. partment had not approved their legal- this time from 51. Madison wrote that The Supreme Court said today: ity. But, in fact, the Department’s Of- the ‘‘separate and distinct exercise of [F]or purposes of the Recess Appointments fice of Legal Counsel had provided a different powers of government’’ is ‘‘es- Clause, the Senate is in session when it says legal opinion that claimed to justify sential to the preservation of liberty.’’ it is, provided that, under its own rules, it the appointments—in other words, jus- President Obama’s unconstitutional retains the capacity to transact Senate busi- tify the unconstitutional action of the recess appointments are part of a pat- ness. President. The Department’s Office of tern in which he thinks that if he can- That is a quote from the decision. Legal Counsel’s reasoning was prepos- not otherwise advance his agenda, he No President in history had ever at- terous, and this unanimous decision can unilaterally thwart the law. That tempted to make recess appointments backs that up. That office defined the is a pretty authoritarian approach to when the Senate said it was in session. same word—‘‘recess’’—that appears in governing. Whether it is with respect And I am a little surprised, since Presi- the Constitution in two different places to drugs, immigration, recess appoint- dent Obama had served in the Senate, differently and without justification. It ments, health care, and a number of that he would not know how this had claimed that the Senate was not avail- other areas, President Obama has con- been respected in the past by Presi- able to do business, so that it was in re- cluded he can take unilateral action dents. cess when the President signed legisla- regardless of the law. And, of course, as

VerDate Mar 15 2010 04:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.004 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 26, 2014 CONGRESSIONAL RECORD — SENATE S4099 we see in the case of these appoint- spector general had concluded that Since hearing these allegations, I ments, the Justice Department has similar faults compromised care in have sent a letter demanding a full in- aided and abetted him. other cases. vestigation into Overton Brooks to the Praise today to the Supreme Court This is deeply troubling and severely inspector general of the VA, and I have for forcing the President to confront cripples any belief that the VA is in confirmed that that is happening. That the errors of his ways, for enforcing the any way capable of fixing its deep-seat- absolutely is moving forward. constitutional structure that protects ed problems on its own. No veteran who served this country our freedom, and maybe cause him to My colleague, Senator COBURN of should be put on any secret waiting modify that statement he made earlier Oklahoma, whom I have worked with list. At a time when we are learning this year that: closely in dealing with many of these more and more about rampant mis- ‘‘When Congress won’t, I will, be- VA problems, also released his over- management at the VA across the cause I’ve got a pen . . . and I’ve got a sight report on the Department enti- country, any internal allegations such telephone . . . ’’ tled ‘‘Friendly Fire: Death, Delay, and as that should be taken very seriously I yield the floor. Dismay at the VA.’’ To say his report and clearly investigated. The ACTING PRESIDENT pro tem- is troubling is quite an understate- That brings me to the second case I pore. The Senator from Louisiana. ment. Some of the key findings I found have personally dealt with and learned f most troubling in the report were about in Louisiana, this case out of the these: the fact that there seems to be a New Orleans area. VETERANS AFFAIRS perverse culture, his report said, with- Gwen Moity Nolan was the daughter Mr. VITTER. Mr. President, as we all in the Department where veterans are of a distinguished veteran. She came to know, the Department of Veterans Af- not always the priority and data and one of my recent townhall meetings in fairs, the VA, is in shambles. Two na- employees are manipulated to main- New Orleans, and she explained to me tional reports this week have high- tain an appearance that all is well. personally that her dad passed away in lighted the fact that bureaucratic inep- In many cases it also seems bad em- 2011 while a patient at the VA hospital titude and incompetence seem to be ployees are rewarded with bonuses and in New Orleans, allegedly in part due the norm there. Unfortunately, reports paid leave, while whistleblowers, to delayed and poor care at the facil- that surfaced out of Phoenix which led health care providers, even veterans ity. to the resignation of Secretary and their families are subjected to bul- She described the medical treatment Shinseki do not seem limited to Ari- lying, sexual harassment, abuse, and there as poor, and that her father’s zona. neglect. doctor had a terrible attitude and regu- I wish to talk about where we are na- Senator COBURN’s report also high- larly refused to show up at the hospital tionally with this scandal, and also lights criminal activity by VA employ- in key situations. specific instances that have come out ees, vast amounts of waste at the VA, She requested that information from of Louisiana I have learned about the fact that the VA actually made the VA, including information regard- working directly with whistleblowers waiting lists worse, and the VA Com- ing a supposed investigation into the and working directly with families of mittee, led by BERNIE SANDERS, largely case of her father, be given to her. veterans whom I am very concerned ignored these warnings and delay. That Her dad had passed. What she most about who are examples of this same committee, under Senator SANDERS, wanted was to be sure the VA got it— sort of abuse. has only held two oversight hearings in to be sure the VA in New Orleans took On Monday, the head of the agency the last 4 years. some remedial action to correct the that investigates whistleblower com- As I said, this is a national scandal. situation. Her case was done. Her case plaints in the Federal Government, These are national problems. The two was done in two ways: First of all, Carolyn Lerner, sent a blistering letter reports I alluded to are national re- tragically, her father was dead. Her fa- to President Obama stating that the ports. But I know from my work in ther was passed. Secondly, she brought VA Office of the Medical Inspector has Louisiana that they have con- a legal action against the VA, and that repeatedly undermined legitimate sequences, and that similar cases exist was settled for a substantial sum of whistleblowers by confirming their al- in Louisiana. I have been deeply in- money which she received, and she is legations of wrongdoing but dismissing volved in a couple that I wish to high- not disputing that or reopening that. them as having no impact on patient light. That is done. But she wanted to know care. First, the Overton Brooks scandal in that these problems have been ad- Lerner’s letter lists numerous cases Shreveport, LA. A whistleblower came dressed. where whistleblowers reported numer- forward to my office with very trou- On June 3 I sent a letter to the Act- ous failings at the VA, including exam- bling information regarding the VA ing Secretary of the VA, Sloan Gibson, ples where drinking water at the VA hospital in Shreveport called Overton demanding this information and the facility at Grand Junction, CO, was Brooks. The whistleblower is a licensed steps the VA has taken to correct what tainted with elevated levels of clinical social worker there, and he ac- went wrong. Legionella bacteria, which can cause a cused that VA facility of the following: After the New Orleans VA responded form of pneumonia, and standard main- maintaining a secret wait list and ma- by saying ‘‘patient privacy laws pro- tenance and cleaning procedures not nipulating the official electronic wait hibit us from discussing specific pa- being performed at the facility. list; using gaming strategies to manip- tient information,’’ I sent another let- Also, in Montgomery, AL, a VA ulate reported wait times—for exam- ter with the pertinent constituent’s pulmonologist portrayed past test ple, holding appointments without privacy release form. The patient is readings as current results in more scheduling them until capacity opens dead. The daughter will sign any re- than 1,200 patient files, ‘‘likely result- or entering into the system that the lease form they want. This was clearly ing in inaccurate patient health infor- patient requested an out-of-date ap- stonewalling to avoid giving us appro- mation being recorded.’’ pointment when that just wasn’t true; priate information. In these cases, among many others, providing group therapy appointments Unfortunately, the VA responded VA whistleblowers brought the infor- to mental health patients, and count- that they cannot share this informa- mation to the special counsel, an inde- ing these group sessions as an appoint- tion with my office unless very specific pendent Federal entity charged with ment with a primary care provider, criteria are met. Guess what. They enforcing whistleblower protection which they were clearly not. didn’t think it was relevant to list the laws. The special counsel passed it These aren’t just allegations. I have specific criteria we need to meet. along to the Office of the Medical In- also personally seen emails the whis- Again, more pure stonewalling. spector, but that VA medical inspector tleblower provided, and that has shown This information is extremely impor- concluded the hospital’s failings, while that this secret list could contain up to tant, and I am continuing to fight to accurately reported by the whistle- 2,700 veterans. It also seems to confirm get my constituents and myself this in- blowers, didn’t threaten veterans that, while waiting for appointments, formation about if and how the New health or safety, even when the VA in- 37 of those veterans died. Orleans VA fixed these problems. I will

VerDate Mar 15 2010 04:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.028 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4100 CONGRESSIONAL RECORD — SENATE June 26, 2014 be demanding a meeting as soon as pos- Chamber, we did something we don’t not criminals. They are simply coming sible with the head of the New Orleans normally do: We honored an old Senate to our country to escape violence at VA hospital so I can answer those ques- tradition and actually cast our votes home and strive for a better life in tions directly, and that person had bet- from our desks. That night, we finally America. ter not stonewall me to my face. That passed comprehensive immigration re- It is not only along our southern bor- will have very negative consequences. form through the Senate. I well re- der where our immigration system is We are setting up that meeting. That member the optimism we all shared hurting families and hurting commu- meeting will happen, and I will be fol- that night. After years of trying, we nities. In my home State of Wash- lowing up on this New Orleans case. had finally passed—with votes from ington I have heard from hundreds of Similarly, I am following up on the both Republicans and Democrats—leg- families and businesses that have been Shreveport case that came to light be- islation that would finally start to fix directly impacted by this broken sys- cause of the whistleblower. I will be in our broken immigration system. It tem, businesses such as West Sound Shreveport tomorrow, meeting with would strengthen our borders, support Lumber Company on Orcas Island. It is two significant people directly in- our businesses and, most importantly, a small sawmill that has been owned volved in these issues—one an official provide a real path to citizenship for by the Helsell family for more than at the VA; the second, someone who the millions of undocumented immi- four decades. West Sound Lumber is has come with additional information grants who are forced to live in the only able to keep its doors open be- to confirm the fears, claims, and con- shadows as Americans in all but name. cause of one young man—Benjamin cerns of the original whistleblower. So The Congressional Budget Office even Nunez-Marquez. He goes by ‘‘Ben.’’ Ben I will be having those meetings in estimated that the Senate bill would is an undocumented immigrant from Shreveport tomorrow. grow our economy and reduce the def- Mexico, and he arrived on Orcas Island Again, these Louisiana cases that I icit by nearly $1 trillion over the next more than a decade ago. He has become have been personally involved in under- 2 decades. a cherished member of that community score the serious scandal at the VA. We sent the bill to the House of Rep- and an expert sawyer. The Helsells will Every community has these cases. resentatives knowing the path forward tell you that they would have to close Every State has these cases. Every there might not be easy, but we heard down if they lost Ben, and that possi- Senator—Republican, Democrat, Inde- from Speaker of the House JOHN BOEH- bility nearly became a reality when pendent—has these cases. We need to NER, majority leader ERIC CANTOR, and Ben was randomly stopped by an immi- fix these to properly honor our vet- dozens of other Members from both gration official while he was taking an erans. We need to ensure that this sort sides of the aisle that they also knew elderly neighbor to a doctor’s appoint- of abuse—in some cases, fraud and dis- immigration reform had to happen this ment out of town. Although he posed honesty—to the great detriment of our Congress. no danger to his community, the De- veterans never happens again. Well, since then we have watched and partment of Homeland Security sched- Mr. President, I suggest the absence we have waited as the Speaker and uled him for deportation, which was of a quorum. House Republicans simply refuse week The ACTING PRESIDENT pro tem- only narrowly avoided this year after I pore. The clerk will call the roll. after week, month after month to take took his case directly to the Secretary The legislative clerk proceeded to up the Senate bill and move this proc- of Homeland Security and the Seattle call the roll. ess forward. For a full year we have Times told Ben’s story on its front Mrs. MURRAY. Mr. President, I ask witnessed exactly what it looks like page. unanimous consent that the order for when Congress simply fails to do its job We should not be kicking people like the quorum call be rescinded. for the American people. Ben Nunez-Marquez out of this coun- The PRESIDING OFFICER (Mr. Our broken immigration system is try. We should welcome him, treat him BOOKER). Without objection, it is so or- not a hypothetical problem. This isn’t as a human being, and give him an op- dered. an obscure, philosophical disagreement portunity to become a citizen in the f over the role of government. This is an country he loves—our country. issue that has real, tangible con- Senseless deportations are not the IMMIGRATION REFORM sequences for millions of Americans. only symptom of our broken immigra- Mrs. MURRAY. Mr. President, al- While America has watched House Re- tion laws. Just this year local head- most exactly 1 year ago to this day, all publicans fail to act for a full year, we lines and television reports in Wash- of the Members of this Senate came to have seen some of those consequences ington State have revealed very con- this Chamber for what each of us un- up close. cerning treatment of undocumented de- derstood was a historic vote because Since the Senate passed immigration tainees at the Northwest Detention after years and even decades of debate reform, tens of thousands of people— Center. That treatment led to a widely and discussion, a small group of bipar- many of them women and children— publicized hunger strike and protest in tisan Senators—Members from dif- have been senselessly deported from communities across my State. ferent backgrounds, different States, this country and separated from their This is simply unacceptable. We must and certainly different philosophies— families for no reason other than their demand better than an immigration came together to reach an agreement undocumented status. system that leaves men and women on landmark legislation, a bill that Businesses large and small have whose only crime is pursuit of the would truly change the lives of mil- begged Members of the House to pass American dream to be locked up, lions of Americans. They had reached a reform, including tech companies that abused, and discarded over the border. deal that would significantly boost our need to hire the best and brightest These problems are not new, and they economy, make every one of our com- from around the world and agricultural are not going away. munities fundamentally safer, and help businesses that desperately need a sta- Throughout this year we have heard millions of men and women pursue the ble workforce. that House Republicans will have a American dream. But most of all, it Now we are seeing hundreds of unac- window of opportunity to act on immi- was a deal that showed the United companied young children along our gration reform. Well, we are in that States was still capable of adapting, country’s southern border. Many of window now. Republican primaries are improving, and striving for perfection. these children are fleeing horrific gang behind us and the general election is Still, the deal was not perfect. After violence in their home countries. They months away, but that window is all, it was a compromise, and once it are desperately seeking safety and a quickly closing. The pressure is on was reached, it had to survive incred- new life in the United States. But be- House Republicans, and millions of ible scrutiny throughout the com- cause of our broken immigration laws, Americans across the country are hop- mittee process and then during the we are nearly helpless to respond and ing they do the right thing. The time floor consideration. But somehow it live up to our Nation’s global reputa- to act is now. made it through. tion as a place of safety and fairness I think it is time to hope for the best So 1 year ago this week when each and freedom. Although these children but also plan for the worst. President Member of the Senate came to the broke our immigration laws, they are Obama has made it clear that he is

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And the Supreme Court look like and what I will urge the Marquez out of this country, we should unanimously rejected the President’s President to do if the worst happens take a second to use our common sense completely unprecedented assertion of and Republicans in the House do noth- first. We should build on the great suc- a unilateral appointment power—a ing. cess the administration has had with power the Framers deliberately with- First of all, the administration DACA—the deferred action for child- held from his office. should make changes to ensure that hood arrivals policy—and ensure that Our counsel, Miguel Estrada, did an while we are being tough on those who Federal agencies are focusing their ef- outstanding job defending the Senate are a threat to our public safety or our forts on actual criminals, not families and its uniquely important place in our national security, we are also enforcing trying to make a life in the United constitutional system. By contrast, our immigration laws in a smart, hu- States. our Democratic colleagues shirked mane way for the millions of undocu- None of these actions can solve the their institutional duty to defend the mented immigrants who are American underlying problem of a broken immi- Senate. They failed, yet again, to stand in all but name. Frankly, that means gration system. Only legislation from up to the President. Although they changing our priorities. It means focus- Congress can do that. If the inaction of failed to defend the Senate when it ing our immigration enforcement ef- the House Republicans continues—and mattered most, they, their successors, forts, including deportations, on actual I hope it doesn’t—we could be left with- and their constituents will benefit criminals who are a danger to our com- out a choice. from today’s ruling. munities, not innocent people such as Since that historic vote 1 year ago, The principle at stake in this case Ben who randomly cross paths with an we have all watched as more and more should extend well beyond narrow par- immigration official and not undocu- of our friends and neighbors fall victim tisanship. It should be about more than mented immigrants who live in our to immigration laws that were de- just one President or one political communities, attend church alongside signed for criminals, not families or party. us, and whose crime is seeking a better our economy. We have seen Members of In closing, the administration’s tend- life in the United States of America. the House of Representatives choose ency to abide only by the laws it likes It also means we should stop relying politics over good policy and com- represents a disturbing and dangerous on detention centers to lock away un- pletely ignore a full-blown crisis that threat to the rule of law. That is true documented immigrants who pose no we have the power to change. whether we are talking about recess public safety risk, are already in our I look forward to working with Presi- appointments or ObamaCare. country, and are contributing members dent Obama, along with Republicans So I hope the Obama administration of their community. Rather than sim- and Democrats alike in Congress, to will take away the appropriate lessons ply locking them up under terrible con- make sure our immigration system because the Court’s decision today is a ditions and then sending them away, works. I know so many people here and clear rebuke of this behavior. we should take advantage of more hu- around the country join me in hoping I suggest the absence of a quorum. mane, more cost-effective methods of the House Republicans step up and do The PRESIDING OFFICER. The enforcement, such as weekly check-ins the job the American people expect clerk will call the roll. with our immigration officials. them to do. The assistant legislative clerk pro- Secondly, we need to reestablish in I thank the Presiding Officer. I yield the floor and suggest the ab- ceeded to call the roll. our immigration system the most basic Mr. BURR. Mr. President, I ask unan- of American principles: due process of sence of a quorum. The PRESIDING OFFICER. The imous consent that the order for the law. For example, if you are in our clerk will call the roll. quorum call be rescinded. country, absolutely no one should be The assistant legislative clerk pro- The PRESIDING OFFICER. Without deported or turned away from the ceeded to call the roll. objection, it is so ordered. United States without a hearing before The PRESIDING OFFICER. The Re- f an immigration judge. Part of making publican leader. that a reality is providing the funding Mr. MCCONNELL. I ask unanimous CONCLUSION OF MORNING for immigration judges and access to consent that the order for the quorum BUSINESS legal information for undocumented call be rescinded. The PRESIDING OFFICER. Morning immigrants. The PRESIDING OFFICER. Without business is closed. The policies at every single Federal objection, it is so ordered. agency that deals with undocumented f f immigrants, including ICE, Border Pa- EXECUTIVE SESSION trol, and any other agency, should be SUPREME COURT DECISION reformed so they are consistent, trans- Mr. MCCONNELL. Mr. President, I parent, and fair. For far too long the welcome the Supreme Court’s decision NOMINATION OF CHERYL ANN rules have been different from one Fed- in the Noel Canning case. It represents KRAUSE TO BE UNITED STATES eral agency to another and the policies a clear rebuke to the President’s bra- CIRCUIT JUDGE FOR THE THIRD have been so convoluted and illogical zen power grab—a power grab I was CIRCUIT that innocent families are being torn proud to lead the effort against. To- apart. day’s decision was clear, and it was a The PRESIDING OFFICER. Under We should also discontinue the use of unanimous—unanimous—rebuke of the the previous order, the Senate will pro- unconstitutional ICE detainers when President of the United States. ceed to executive session to consider there is no probable cause, as many As my Republican colleagues and I the following nomination, which the counties have bravely done in the Pa- have said all along, President Obama’s clerk will report. cific Northwest, because not only is so-called recess appointments to the The bill clerk reported the nomina- holding someone without probable NLRB in 2012 were a wholly unprece- tion of Cheryl Ann Krause, of New Jer- cause a violation of our constitutional dented act of lawlessness. The Presi- sey, to be United States Circuit Judge rights, it is expensive to local sheriffs dent defied the Senate’s determination for the Third Circuit. and diverts precious law enforcement that it was meeting regularly, and the CLOTURE MOTION resources away from policing and pro- Supreme Court unanimously—unani- The PRESIDING OFFICER. Pursuant tecting communities. mously—agreed with us. to rule XXII, the Chair lays before the We should reduce the 100-mile en- Today’s ruling is a victory for the Senate the pending cloture motion, forcement radius for Border Patrol Senate, for the American people, and which the clerk will state. agents and make sure there is not 1 for our Constitution. The bill clerk read as follows:

VerDate Mar 15 2010 04:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.013 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4102 CONGRESSIONAL RECORD — SENATE June 26, 2014 CLOTURE MOTION Her commitment both to the practice lenging legal practice with pro bono and pub- We, the undersigned Senators, in accord- of law and to her community in Phila- lic service throughout her career. ance with the provisions of rule XXII of the delphia has been admirable. In 2011, as Faculty members describe her as ‘‘bril- Standing Rules of the Senate, hereby move part of partnership between Dechert liant,’’ ‘‘among the small handful of top stu- to bring to a close debate on the nomination LLP and the Public Interest Law Cen- dents I have ever taught’’ ‘‘the best student of Cheryl Ann Krause, of New Jersey, to be ter of Philadelphia, Ms. Krause brought oral advocate I have ever seen,’’ ‘‘truly pos- United States Circuit Judge for the Third sessing a judicial temperament,’’ and ‘‘ideal- Circuit. a class action lawsuit in the Eastern District of Pennsylvania on behalf of ly qualified temperamentally and intellectu- Harry Reid, Patrick J. Leahy, Richard J. ally suited’’ to be a judge. Ms. Krause’s ca- Durbin, Patty Murray, Jack Reed, over 1,000 autistic students within the reer after law school has fulfilled these im- Sheldon Whitehouse, Christopher A. school district of Pennsylvania chal- pressions and predictions and more. She has Coons, Jeff Merkley, Sherrod Brown, lenging the school district’s transfer of forged a remarkable path as a lawyer, and it Tom Harkin, Richard Blumenthal, Ben- these students from school to school is one that has prepared her well for a career jamin L. Cardin, Angus S. King, Jr., on the bench. Thomas R. Carper, Debbie Stabenow, without adequate notice to parents. Elizabeth Warren, Amy Klobuchar. After 2 years of litigation, Ms. Krause We hope that you will give her your most Mr. LEAHY. Mr. President, today, we was successful, and the district court serious consideration. We are optimistic that will vote to defeat the filibuster required the school district to rede- you will find her record as impressive as that of her former teachers and mentors at Stan- against the nomination of Cheryl velop its policy. Ms. Krause has also helped to launch the Philadelphia ford Law School. Krause to serve on the U.S. Court of Sincerely, Appeals for the Third Circuit. Her nom- Project, a program that provides legal services to families of children with PAUL BREST, ination has the strong bipartisan sup- Professor Emeritus port of Pennsylvania Senators, Senator disabilities in the school district of and former Dean, BOB CASEY and Senator PATRICK Philadelphia. Stanford Law She is well qualified to serve on the TOOMEY. The American Bar Associa- School. tion has unanimously given her their U.S. Court of Appeals for the Third Cir- KATHLEEN M. SULLIVAN, highest rating of ‘‘well qualified.’’ The cuit. Her record of accomplishments is Partner, Quinn Eman- unquestionable, as is her dedication to uel Urquhart & Sul- Senate Judiciary Committee reported livan, (former Dean, her unanimously by voice vote to the the rule of law and the Constitution. I urge my colleagues to vote to defeat Stanford Law full Senate this past April, nearly 3 School). the filibuster against this excellent months ago. LARRY KRAMER, Ms. Krause should already have been nominee. President, William and confirmed and be at work for the There being no objection, the mate- Flora Hewlett Foun- American people. Instead, Senate Re- rial was ordered to be printed in the dation, (former publicans continue to filibuster quali- RECORD, as follows: Dean, Stanford Law fied, uncontroversial nominees who in STANFORD LAW SCHOOL, School). previous years would have been con- Stanford, CA, March 10, 2014. M. ELIZABETH MAGILL, Subject: Nomination of Cheryl A. Krause to Dean and Richard E. firmed without any delay. This is deep- Lang Professor of ly unfair to all Americans seeking ac- the U.S. Court of Appeals for the Third Circuit Law, Stanford Law cess to justice and to the judicial nomi- School. nees who, like Cheryl Krause, have had Hon. PATRICK LEAHY, Chair, Committee on the Judiciary, distinguished careers in the law. Of the U.S. Senate, Washington, DC. UNIVERSITY OF PENNSYLVANIA 54 judicial nominees filibustered this Hon. CHARLES GRASSLEY, LAW SCHOOL, year, 30 have been confirmed unani- Ranking Member, Committee on the Judiciary, Philadelphia, PA, March 7, 2014. mously, without a single vote against U.S. Senate, Washington, DC. Re Cheryl Ann Krause. them. These filibusters are undeserved, DEAR CHAIRMAN LEAHY AND RANKING MEM- Hon. PATRICK LEAHY, and should stop. BER GRASSLEY: We write as the three former Chairman, Committee on the Judiciary, U.S. Ms. Krause has worked in private deans and the current dean of Stanford Law Senate, Washington, DC. practice for over a decade, including as School to express our enthusiastic support Hon. CHARLES GRASSLEY, a partner at Dechert LLP and a share- for Cheryl A. Krause, who has been nomi- Ranking Member, Committee on the Judiciary, nated for the U.S. Court of Appeals for the U.S. Senate, Washington, DC. holder at Hangley, Aronchick Segal, & Ninth Circuit. Pudlin. Her work has focused on com- Cheryl Krause graduated at the top of her DEAR CHAIRMAN LEAHY AND RANKING MEM- plex criminal defense matters in secu- class at Stanford Law School in 1993. She BER GRASSLEY: As faculty members at the rities fraud, antitrust, and the Foreign was first in her class after her first year of University of Pennsylvania Law School who Corrupt Practices Act. She has also law school, and she and her partner were the have had the privilege of working with taught courses on appellate advocacy, champions of the school-wide Kirkwood Cheryl Ann Krause, we write to express our cyber crime, and judicial decision- Moot Court Competition. Ms. Krause herself enthusiastic support of her nomination to the U. S. Court of Appeals for the Third Cir- making at University of Pennsylvania was selected as the best oral advocate in that final round. Following her graduation cuit. Law School and Stanford Law School. from law school, she clerked for Judge Since she was first appointed a Lecturer in Professors from both universities have Kozinski, now the Chief Judge of the U.S. written in strong support for her nomi- Law in 2003, Cheryl has taught Penn Law Court of Appeals for the Ninth Circuit, and courses in cybercrime, evidence, and appel- nation, and I ask consent that these for U.S. Supreme Court Justice Anthony late advocacy, and has guest-lectured in letters be included in the RECORD. Kennedy. Following her clerkships, she has three courses taught by other faculty. As a From 1997 to 2002, Ms. Krause served pursued a wonderfully varied career—as a partner at the Dechert firm, Cheryl has been as an assistant U.S. attorney in the law teacher, law firm lawyer and partner, the lead person teaching our Federal Appel- Southern District of New York, where and an Assistant United States attorney. late Litigation Externship, in which Penn she distinguished herself as the lead She has been repeatedly recognized as one of Law students are assigned to litigation prosecutor in the Organized Crime the finest lawyers in the United States. teams at Dechert working on pro bono cases Along the way, she has somehow found time Drug Enforcement Task Force. Before pending before the Third Circuit. In the to perform an enormous amount of pro bono early 2000s, Cheryl was a Barrister member becoming a prosecutor, she worked as legal representation and has been repeatedly an associate at the prestigious firm of of the University of Pennsylvania Law recognized for those contributions as well. School American Inn of Court (an organiza- Davis, Polk, & Wardwell and as a law We write to tell you about Ms. Krause’s tion that seeks to promote ethics and profes- reputation at Stanford. That reputation can clerk at Heller, Ehrman, White & sionalism by bringing together law students, only be captured through a series of adjec- McAuliffe LLP. After graduating with practitioners, and judges for periodic discus- tives that faculty use to describe their im- honors from Stanford Law School, she sions on legal issues), and she participated in pression of her: exceptional, stellar, admi- served as a law clerk to Judge Alex presenting three Inn of Court programs on rable, brilliant, incomparable. She is remem- Kozinski of the U.S. Court of Appeals bered as an academic stand-out in and out of different topics. for the Ninth Circuit from 1993 to 1994 the classroom, a student leader, a superb In her teaching and mentoring at the Law and to Justice Anthony Kennedy of the young lawyer, and a student who, faculty School, Cheryl has demonstrated the talents U.S. Supreme Court from 1994 to 1995. predicted, would always combine a chal- that will make her a first-rate judge. Not

VerDate Mar 15 2010 05:14 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.021 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 26, 2014 CONGRESSIONAL RECORD — SENATE S4103 only does Cheryl bring to her tasks a power- Menendez Reed Tester him or he could talk to our former Sen- ful analytical capacity, but also she has con- Merkley Reid Toomey ate colleague Hillary Clinton, former sistently displayed fair-mindedness and in- Mikulski Rockefeller Udall (NM) Murkowski Sanders Walsh Secretary of State, who said this about tellectual curiosity. Her knack for providing Murphy Schatz Warner these unaccompanied children: students and young lawyers with rigorous Murray Schumer Warren [They] should be sent back as soon as it yet constructive feedback signals that she Nelson Shaheen Whitehouse would show respect to the lawyers who ap- Pryor Stabenow Wyden can be determined who the responsible pear before the Court while subjecting their adults in their families are. NAYS—39 contentions to penetrating scrutiny. Cheryl That is former Secretary of State possesses excellent judgment and high integ- Alexander Flake McConnell Hillary Clinton, and, in all likelihood, rity, and her interpersonal skills would Barrasso Graham Moran Blunt Grassley Paul the Democratic Party’s nominee for make her a valued and collegial member of Boozman Hatch Portman the President of the United States in the Court. Burr Heller Risch 2016. Perhaps the majority leader In sum, we believe that Cheryl’s legal acu- Chambliss Hoeven Roberts men, temperament, and experience make her Coats Inhofe Rubio should talk to her or he could talk to a superb candidate for a seat on the U.S. Corker Isakson Scott the Secretary of Homeland Security Court of Appeals for the Third Circuit and Cornyn Johanns Sessions under whose purview this issue falls we heartily support her nomination. Crapo Johnson (WI) Shelby most directly, who said that: Cruz Kirk Thune Sincerely, Enzi Lee Vitter Under current U.S. laws and policies, any- Stephanos Bibas, Professor of Law and Fischer McCain Wicker one who is apprehended crossing our border Criminology, Director, Supreme Court illegally is a priority for deportation, regard- NOT VOTING—4 Clinic; Jill E. Fisch, Perry Golkin Pro- less of age. fessor of Law, Co-Director, Institute Begich Cochran Perhaps the majority leader should for Law and Economics; Paul M. Coburn Udall (CO) pick up the phone and talk to him. George, Associate Dean for Cur- The PRESIDING OFFICER. On this riculum, Development and Biddle Law So rather than make offensive, po- vote the yeas are 57, the nays are 39. litically motivated allegations, per- Library; Kermit Roosevelt, Professor The motion is agreed to. of Law; Theodore Ruger, Professor of haps the majority leader should get his Law, Deputy Dean; Catherine T. The Republican whip. facts straight, talk to leaders of his Struve, Professor of Law; Christopher IMMIGRATION own political party, and then work S. Yoo, John H. Chestnut Professor of Mr. CORNYN. Madam President, I with us on this side of the aisle to try Law, Communication, and Computer & wish to spend a few moments this to find some realistic solutions. Information Science, Director, Center morning talking about realistic solu- As the insurgency rages in Iraq and for Technology, Innovation & Competi- tions to the ongoing crisis along Amer- tion; Stephen B. Burbank, David the border between Syria and Iraq has Berger Professor for the Administra- ican’s southern border. collapsed and attention here in Wash- tion of Justice; Michael A. Fitts, Dean Obviously, I come from a border ington has turned to other parts of the and Bernard G. Segal Professor of Law; State where we have 1,200 miles of com- globe, I can say, without a doubt, the Seth F. Kreimer, Kenneth W. Gemmill mon border with the nation of Mex- attention of my constituents in Texas Professor of Law; David Rudovsky, ico—which, of course, has been the is still very much focused on what is Senior Fellow; Louis S. Rulli, Practice gateway now to this humanitarian happening on our southwestern border Professor of Law and Clinical Director; wave of unaccompanied children com- and this surge of unaccompanied minor Amy L. Wax, Robert Mundheim Pro- ing from Central America into the fessor of Law. children who are making a dangerous United States. I will talk more about and treacherous journey from Central The PRESIDING OFFICER. By unan- that in detail, but I first want to com- America through Mexico and ending up imous consent, the mandatory quorum ment on something the majority leader on our doorstep. call has been waived. said this morning in his opening re- First of all, though, when the facts The question is, Is it the sense of the marks. began to unfold the administration Senate that debate on the nomination With what has now become his trade- said that human smuggling operations of Cheryl Ann Krause, of New Jersey, mark hyperbole and frequent disregard are responsible for creating a misin- to be United States Circuit Judge for for the facts, the majority leader sug- formation campaign, and that is why the Third Circuit shall be brought to a gested that the Republican platform we are seeing this surge of unaccom- close? was: Deport first, find solutions later— panied minors. The yeas and nays are mandatory or never. There may actually be an element of under the rule. I find that offensive, and it is cer- truth to that if we think about it, be- The clerk will call the roll. tainly not true. I can just assume that cause if the human smuggling oper- The bill clerk called the roll. the majority leader has had other ations—the drug cartels, organizations Mr. DURBIN. I announce that the things that have taken his attention such as the Zetas and the associated Senator from Alaska (Mr. BEGICH) and and he has ignored completely the con- gangs that work with them—make the Senator from Colorado (Mr. UDALL) crete solutions I and others have been money on each and every migrant who are necessarily absent. promoting, some of which I will talk passes through these corridors of Mr. CORNYN. The following Senators about here in a moment. human trafficking and human smug- are necessarily absent: the Senator The last thing I would say specifi- gling, then they probably are making from Oklahoma (Mr. COBURN) and the cally to this offensive and untrue com- money—more money the more people Senator from Mississippi (Mr. COCH- ment of the majority leader this morn- who come. They probably make more RAN). ing is: If you are truly concerned about money with children and women and The PRESIDING OFFICER (Ms. this issue, Senator REID, you might other migrants whom they kidnap and BALDWIN). Are there any other Sen- want to focus on Members of your own hold for ransom. So there is some ele- ators in the Chamber desiring to vote? party. After all, no less than Vice ment of that. The yeas and nays resulted—yeas 57, President JOE BIDEN has said of the un- But then we have been told by the nays 39, as follows: accompanied minors flooding across administration that the surge is en- [Rollcall Vote No. 215 Ex.] from the U.S.-Mexican border: tirely the result of gang violence and YEAS—57 It is necessary to put them back in the poverty in Central America, and that it Ayotte Collins Hirono hands of a parent in the country from which has nothing to do with President Baldwin Coons Johnson (SD) they came. Obama’s policies or his perceived com- Bennet Donnelly Kaine He went on to say: mitment to our immigration laws, in- Blumenthal Durbin King Booker Feinstein Klobuchar Once an individual’s case is fully heard, cluding the enforcement that only the Boxer Franken Landrieu and if he or she does not qualify for asylum, executive branch can do. Brown Gillibrand Leahy he or she will be removed from the United A few days ago, however, Secretary Cantwell Hagan Levin States and returned home. of Homeland Security Johnson pub- Cardin Harkin Manchin Carper Heinrich Markey That is Vice President BIDEN. Per- lished what he called ‘‘an open letter to Casey Heitkamp McCaskill haps the majority leader should talk to the parents of children crossing our

VerDate Mar 15 2010 04:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.034 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4104 CONGRESSIONAL RECORD — SENATE June 26, 2014 Southwest border,’’ in which he implic- women traveling with children are fre- According to the New York Times: itly acknowledged that the President’s quently given a notice to appear once From October to June 15th, 52,000 unac- immigration policies or the perception they are processed by the Border Pa- companied minors were caught at the Amer- that he was less than committed to en- trol—a notice to appear for a hearing ican border with Mexico, twice the number forcing those policies has indeed be- in a court that would then determine for the same period in the previous year. come a magnet for illegal border cross- any claims of asylum or then deter- There are estimates that could turn ings. mine whether they can stay in the out to be 60,000 or more this year and Referring to the so-called deferred United States or they would have to re- could double next year. One begins to action program President Obama an- turn to their country of origin. This is wonder: Where does this end? How does nounced in June of 2012—remember the called a notice to appear. this end? President said, ‘‘I have a pen and I Strangely enough, the vast majority So between the President’s refusal to have a phone’’? Basically saying: I am of immigrants who get a notice to ap- enforce our immigration laws and his going to go it alone, I am not going to pear never show up. It makes one won- ever-shifting explanation as to the work with Congress anymore? That der about the ones who do show up, be- source of the ongoing crisis, it is no was a product of the mentality and ap- cause there is absolutely no follow- wonder that the President has lost so proach by the President. through. much credibility on this issue. But referring to the so-called de- This is what is perceived, has been Indeed, if the President wants to ferred action program that President this ‘‘permission’’ or ‘‘free pass’’ or know why he hasn’t been able to pass Obama announced in June of 2012, Sec- ‘‘permiso’’ in Spanish. immigration reform in the House and retary Johnson felt compelled in this Meanwhile, a study by the Depart- the Senate, all he has to do is look at open letter to inform his readers that: ment of Homeland Security’s Office of the fact that people have lost con- The U.S. Government’s Deferred Action for Science and Technology Directorate fidence in his willingness to enforce Childhood Arrivals, also called ‘‘DACA,’’ concluded that the unaccompanied mi- the law. does not apply to a child who crosses the nors: I know the senior Senator from New U.S. border illegally today, tomorrow or yes- . . . are aware of the relative lack of con- terday. York has suggested: Well, we should sequences they will receive when appre- pass an immigration law and postpone It doesn’t apply. Secretary Johnson hended at the U.S. border. its effective date until after President reiterated this point in the very next Relative lack of consequences. In Obama leaves office. I would say that is paragraph when he said: other words, nothing happens to them. a shocking statement, it seems to me, There is no path to deferred action or citi- If you make it here, you will be able to which has been reiterated by the ma- zenship, or one being contemplated by Con- stay. That is the perception. gress, for a child who crosses our border ille- jority leader Senator REID. Again, it is puzzling to me that even There is an enormous amount of dis- gally today. though the administration’s own docu- trust about the Federal Government’s If the sole driver of the border crisis ments show a clear reason for the commitment to enforce the law. So I was in fact Central American violence surge, they initially continue to offer don’t care what the law might ulti- and poverty, or smuggling organiza- the public a shifting narrative. tions, then there is no reason to believe There is no doubt that drug- and mately be; if the American people don’t that Secretary Johnson needed to clar- gang-related violence in Central Amer- believe the President and the Attorney ify the details of U.S. immigration pol- ica is bad. It is a matter of tremendous General and the executive branch will icy. After all, if the migrant surge has concern for U.S. policymakers. It is enforce the law, we have lost their con- nothing to do with U.S. policy, as the terrible, it is heartbreaking, and it is fidence entirely, and we will never be White House initially insisted, then something I propose we try to address. able to improve and fix our broken im- clarifying what that policy is won’t af- I had a great conversation, for exam- migration system, something I am fect it at all. But it has become simply ple, on the floor a couple days ago with committed to do. undeniable that President Obama’s the senior Senator from California, Given all the different narratives coming out of the White House con- policies—including his unilateral de- Mrs. FEINSTEIN, who said: Maybe there ferred action program, as well as the is something we can do, as we have cerning the surge of unaccompanied perception that he less than seriously done in the past, in countries such as minors, I think it would be good for the committed to enforcing current law Colombia, countries such as Mexico, President to directly address the issue. He has sent Vice President BIDEN to and in fact has ordered Secretary John- and elsewhere, where we have worked Central America. That is a positive son to investigate and recommend a with our partners there to try to help step. I know Secretary Johnson has further relaxation of his enforcement them restore security and the rule of visited the Rio Grande Valley and some policies—all of this has played a huge law. That certainly is a conversation I of these detention centers for unaccom- role in creating the perception to tens look forward to continuing. panied minors. That is a positive step. of thousands of unaccompanied chil- But the fact is the violence in Cen- And he has written this open letter to dren that you should risk your life and tral America didn’t just begin a couple the parents of children in Central travel unaccompanied in the hands of years ago. As a matter of fact, the America discouraging them from send- the cartels to the United States, be- murder rates in Guatemala and El Sal- ing their children on this long, perilous cause there won’t be any consequences vador were higher in 2009 than they journey from Central America to the associated with it. were in 2012 and 2013. But the massive It is that perception that the Presi- spike in illegal immigration by unac- United States through these drug- dent continues to create by his silence companied minors didn’t start until smuggling and human-smuggling cor- that is the magnet for this illegal im- 2012—the very same year, not coinci- ridors controlled by the Zetas and migration. dentally, when the President an- other cartels. Don’t take my word for it. According nounced his unilateral deferred action Yesterday I submitted a resolution to an internal Department of Home- program, again creating the perception with my friend the junior Senator from land Security memo: that if you came here, you would be Florida, Mr. RUBIO, that calls on the The main reason the subjects chose this able to stay. Thus, there is no wonder President to do five things: particular time to migrate to the United that people felt as though the flood- No. 1, it calls on the President to States was to take advantage of the ‘‘new’’ gates had opened, creating the humani- publicly declare that the deferred ac- U.S. ‘‘Law’’ that grants a ‘‘free pass’’ or per- tarian crisis and overwhelming the ca- tion program he unilaterally an- mit . . . pacity of local, State, and Federal au- nounced in June 2012 will not apply to In other words, they came because of thorities to deal with all of these chil- the recent waves of children who have a widespread perception that unaccom- dren. been illegally crossing our south- panied minors and women traveling By fiscal year 2013, the number of un- western border. with children would be allowed to stay, accompanied minors detained on our That is the same thing that Sec- even after crossing the border illegally. southern border had grown to nearly retary Johnson and others have been I think there is more to this story. In 25,000—up from 6,500 2 years earlier. saying, but it is different coming from fact, what we have learned is that From 6,500 to 25,000 in 2 years’ time. the President of the United States. It

VerDate Mar 15 2010 04:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.022 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 26, 2014 CONGRESSIONAL RECORD — SENATE S4105 will be covered by the press. It will be border crisis, and our commitment to the consulate, go to the embassy, and communicated to parents in Central saving these young children from un- we will have sufficient personnel there America: Don’t send your children to imaginably treacherous journeys to take up your case. And if your case the United States, making them an ad- through Mexico which I previously de- is compelling and meets our standards ditional part of this humanitarian cri- scribed. for asylum, then we are going to give it sis, and subject them to all the perils I I urge all of our colleagues to work to you. But whatever you do, don’t risk have talked about repeatedly of that together with us to send that message, your life and your well-being to travel treacherous trip from Central America and encourage the President to use the 1,200 miles in the hands of a coyote. to the United States. bully pulpit to send the message I have I would say to the Senator from Secondly, this resolution calls on the outlined. Texas, sometimes when we say we have President to publicly discourage par- Mr. MCCAIN. Will the Senator yield to have a secure border and the things ents in Central America and Mexico for a question? we need to do, we are viewed some- and elsewhere from sending their kids Mr. CORNYN. I will. times as inhumane. on one of the most dangerous migra- Mr. MCCAIN. First, I thank him for My question is: What is more inhu- tion journeys in the world. the resolution. mane than what is happening to these Third, it calls on the President to On behalf of myself and others, I ap- children now? Some of them are only 4, fully and faithfully enforce U.S. immi- preciate the representation of the peo- 5, 6 years old. What is more inhumane gration laws. ple of Texas who are literally experi- than what is happening to them as we I don’t know what the facts are, but encing a crisis on the southern border speak? I do know some of the Members of the of our States—of the Senator’s State as Shouldn’t the President of the United House of Representatives—LUIS well as mine. States do as the Secretary of Homeland GUTIE´ RREZ has very recently said that I note the presence of the Senator Security did yesterday and say: You if we can’t pass immigration reform from Illinois. There is no greater advo- cannot stay in our country even if you that suits him, he wants the President cate for the DREAMers, the children show up on the border, but you can to take further unilateral action de- who were brought here, not willfully, apply for humanitarian asylum in the clining to enforce our immigration and I believe that in our immigration United States of America? laws. That just contributes to the im- reform bill we address that issue in a Mr. CORNYN. I appreciate the ques- pression that is causing this wave of humane and compassionate fashion. tion. I would say there is nobody in humanity to come to the United States But I ask my colleague now: Isn’t it this Chamber who has been more in- and creating the humanitarian crisis. terribly inhumane to see these children volved in trying to fix our broken im- It doesn’t fix it. It makes it worse. taken from these countries by some of migration laws than the senior Senator I hope the President is watching and the most unspeakable people on from Arizona. And certainly the senior listening and decides that he needs to Earth—these coyotes? And their trip Senator from Illinois has been very be the one to make the statement, be- along the way these hundreds of miles much involved. Both of them are mem- cause only the President has the bully is so cruel and inhumane to many of bers of the so-called Gang of 8 who pulpit necessary to deal with this. these children that it is chilling. These were the primary authors of the Sen- Fourth, our resolution calls on the coyotes are terrible people. They com- ate-passed immigration bill. President to ensure that States such as mit crimes to these people and on these But I would point out that not even Texas—and I see my colleague from Ar- young children. They do terrible under that bill would these children be izona; I would include Arizona, Cali- things. They sometimes ride on the top covered, because they wouldn’t qualify fornia, and other border States—have of a train where the safety is—obvi- for the so-called DREAM Act provi- the resources we need to handle the ously, their lives are literally in jeop- sions authored by the senior Senator crisis and to guarantee humane treat- ardy. from Illinois. ment of unaccompanied migrant chil- Again, I appreciate the work that has That is the point the Secretary of dren. been done on behalf of the DREAMers. Homeland Security has been trying to Some of my colleagues from Texas But shouldn’t we care a great deal make—this is not a green light to any- visited the facility in Lackland Air about these children, even if they are body and everybody who wants to come Force Base on Monday, including Sen- not in the United States, for what they to the United States. ator CRUZ and others, and they re- are undergoing now? And isn’t it a hu- For their protection, for the protec- ported back conditions which, frankly, manitarian issue of the highest order, tion and safety of the American people, are very disturbing. and wouldn’t we be better served if we and in the interest of an orderly immi- Fifth, this resolution calls on the told these children and the people who gration flow and the rule of law, we President to work closely with Mexico are motivating them and making a lot need people to play by the rules, and it and Central American officials to im- of money bringing them here—wouldn’t is the perception that there are no prove security at Mexico’s southern it be better for us to say: Look, any- rules and that if you make it here, you border. Mexico has a 500-mile southern body who shows up at our border is not will be able to stay regardless of border with Guatemala which is inse- going to be allowed to stay in this whether you qualify under the law that cure and porous, through which all of country. But if you go to our con- created this flood of humanity. The the unaccompanied minors from Cen- sulate, if you go to our embassy in the second thing I would say, the Senator tral America come. country in which you reside and make is exactly right. I think people under- I realize how controversial and polar- a case that your life is being threat- estimate the horror inflicted on mi- izing the whole discussion about immi- ened, you are being persecuted—what- grants who are transported from Cen- gration can be, but I suggest we need ever the conditions are for asylum in tral America through Mexico up into to try to work together on a bipartisan our country—then those cases can be the United States at the hands of basis to deal with it. Hopefully, by judged, and then if it is a humanitarian transnational criminal organizations. making this above partisan politics case that warrants it, we can bring The ‘‘coyotes’’ as we always called and doing our job, we can help resolve them into the United States of Amer- them are the human smugglers. They this immediate crisis, but then we can ica. now have to pay the cartels for protec- help regain the public’s confidence so But say: If you come to our border, tion or they cannot travel through the they will allow us to take the reason- you cross those—how many miles is it corridors up through Mexico and the able steps we know we need to take from the Guatemalan border? United States. These migrants in the moving forward to fix our broken im- Mr. CORNYN. It is 1200 miles. process of being transported here, migration laws. Mr. MCCAIN. Don’t subject yourself riding on the train the Senator alluded I believe passing this resolution to a 1,200-mile trip, which is hazardous to called The Beast, are prone to acci- would send a powerful message about to your life and terrible things can dents. They could lose their life, leg or our commitment and the President’s happen to you. limb, be kidnapped, held for ransom. commitment to the rule of law, our Why don’t we send a message: If you Women will be raped and assaulted. It commitment to resolving the current think you deserve asylum, then go to is horrific.

VerDate Mar 15 2010 04:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.024 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4106 CONGRESSIONAL RECORD — SENATE June 26, 2014 Who in their right mind would sub- That sounds like an embarrassing accompanied children need to be taken ject their family to those sorts of hor- proposal. out of the Department of Homeland Se- rors only to end up in the United Mr. DURBIN. Will the Senator yield curity—a law enforcement agency—and States when our laws do not permit for a question? placed, through the Department of their entry into this country? Some- Mr. CORNYN. I will yield in a mo- Health and Human Services, into some how the President or the Secretary of ment. protective situation. The President is Homeland Security are the only ones That has to be embarrassing. It enforcing a law signed by President who have the bully pulpit who can send shows a lack of confidence in the Presi- Bush and authored by the Congressman that message in a way none of us can dent’s commitment to enforce the rule from Texas, Congressman Army. to convince them we are going to en- of law. I think it is a problem. I think I ask the Senator from Texas force our law. the President can help mitigate that through the Chair, on what basis is he Mr. MCCAIN. The only way we are problem and help restore the impres- saying the President is not enforcing going to stop this right now is to con- sion that you are not going to get a the law? vince these people not to listen to the free pass if you make it to our south- Mr. CORNYN. I say to the Senator coyotes who are advertising on regular ern border. from Illinois, here is how it works—I television in these countries and to I will gladly turn the floor over to don’t think we disagree about the law convince these people that trip will not my colleague. or the origin of the law but how it lead to the result of being able to stay Mr. DURBIN. Through the Chair, I works in application. These children in the United States of America. Until would like to ask the Senator from are now being placed with family mem- that happens, they are going to believe Texas a question. He said repeatedly bers who may not be documented. They that if they can get here, they can stay that the President is not enforcing the may have entered the country in viola- here. existing law. We all acknowledge that tion of the immigration law, but be- All of our hearts and sympathies go there is a humanitarian crisis on our cause it is perceived as a relatively out to people who live in these coun- border, and I think we agree more than safe place for them to temporarily re- tries in terrible conditions. We under- we disagree, but I do want to question side pending further court proceedings, stand why they want to come to the the Senator’s premise. Will the Senator they place the children with a family United States of America, but they are from Texas tell me which existing law member in the United States. Absent a on a fool’s errand. Meanwhile, they are the President is not enforcing that has family member, I presume they will be putting their very lives at risk by tak- created this crisis? placed with a legal guardian or foster ing that arduous journey to Texas from Mr. CORNYN. I say to my friend from family or the like while the legal pro- Honduras, Guatemala, or some other Illinois that I tried to make clear that ceedings go forward. Central American country. the current law bars the entry of these Here is the practical problem: Once I see my friend—and there is no children and people across the border they make it here to the United States, greater advocate for the DREAMers because they would not even meet the if they never return to the court in re- than Senator DURBIN—on the floor. He terms of the President’s Executive sponse to their notice to appear, then was one of the earliest and most out- order, that is, if you believe the Presi- they are lost forever to the immigra- spoken on this issue. I hope he will join dent’s Executive order has the effect of tion enforcement system and they be- us in recognizing that the only way we law, which I don’t. come a part of the great American can stop this is to make sure people There are a couple of issues. It is melting pot, never to be heard from or know there is no pot of gold at the end both the impression that the President seen again unless they commit some of this terrible trip they are on. is not committed to enforcing the law other crime. That is how the press re- Mr. CORNYN. I say to the senior Sen- and the fact that now when these ports it in Central America and else- ator from Arizona and the senior Sen- adults are detained and children are where. At least that is the report we ator from Illinois—and I will turn the placed with relatives in the country, hear from migrants themselves. They floor over to Senator DURBIN in a mo- virtually none of them show up for refer to it as a permiso, which is a no- ment—that there are two big problems: their hearing. So the perception—be- tice to appear. At that point they This wave of children is coming and cause we don’t have a comprehensive think they are home free and never not allowed to legally stay in the system to enforce our immigration have to show up for their court hear- United States and thus subject to being laws even after people come to our ing, and that it is as good as permis- returned to their country of origin. country—and reality of how that works sion to enter the country. I believe Both Vice President BIDEN and former tells them that if they make it here, that is what actually is happening. Secretary of State Hillary Clinton said they will never have to leave. Mr. DURBIN. If the Senator would that is the law of the land. Mr. DURBIN. Will the Senator yield yield for a question. If the President doesn’t step up and for a further question? Mr. CORNYN. I will. use his bully pulpit to send this mes- Mr. CORNYN. Sure. Mr. DURBIN. If I understand what he sage in a way that none of us can be- Mr. DURBIN. Does the Senator know said, the law governing this situation cause people pay attention to him and the origin of the law which requires is a law that was authored by a Repub- not as much to us—I think that is a that an unaccompanied child be turned lican Congressman from Texas, signed fair statement—then this wave is going over within 72 hours by the Depart- into law by a Republican President, to continue, and it is going to get ment of Homeland Security to the De- George W. Bush, and is currently en- worse and worse. partment of Health and Human Serv- forced by this President. And what the I ask through the Chair to the senior ices, specifically the Office of Refugee Senator from Texas is suggesting is Senator from Arizona and the senior Resettlement? Does the Senator from that the law in and of itself has at Senator from Illinois—both of whom I Texas know who introduced that bill least a loophole or an opening that if know care passionately and are com- and who signed it into law? the person doesn’t appear in court—the mitted to fixing our broken immigra- Mr. CORNYN. I say to the distin- young child or the parent with the tion laws, although we have had our guished Senator through the Chair child—then they could be lost in our differences—how will the American that I don’t know who introduced the system. The Senator from Texas seems people let us do this if they have lost bill, but I do know who signed it into to be suggesting we need to change the confidence in the executive branch’s law, and that was President George W. law or at least address the law. willingness to enforce the current law? Bush. I have two questions. Will the Sen- I think it makes it much, much harder. Mr. DURBIN. I say through the Pre- ator concede the fact that President In fact, as I alluded to a moment ago, siding Officer that the bill was intro- Obama is enforcing the law as it is the majority leader and the senior Sen- duced by the Senator’s former col- written? Secondly, what would the ator from New York said: Let’s pass league from Texas, Richard Armey, and Senator do with these children once immigration reform but delay its im- signed into law by President George W. they show up in the United States? plementation until after President Bush, which required what is currently Let’s assume you had a 12-year-old Obama leaves office. taking place—that within 72 hours, un- child—which is a case I heard last

VerDate Mar 15 2010 04:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.026 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 26, 2014 CONGRESSIONAL RECORD — SENATE S4107 night—on top of a freight train for 4 Guatemala. He was put on the top of a When an unaccompanied child shows days; finally made it into the United freight train and told to hang on for 4 up on our border and our Border Patrol States, possibly at the hands of a coy- days. For 4 days this 12-year-old boy, takes this child into custody, within 72 ote or smuggler—I make no excuse for scared to death, was on top of this hours—we give them some time be- them—pushed across the river, or Rio freight train as it barreled through cause it is not easy—we need to put Grande, in a raft and told to report to Central America on its way to the this child in a different place outside of the first person in uniform? What United States. He had with him the a law enforcement agency. Tech- would the Senator have us do with the name of a relative in the United nically, we need to take them out of child at that point? States, and that is it. He was told that the police station part of the world and Mr. CORNYN. Madam President, I as soon as he got across the border, put them in some part of the world would respond to my friend from Illi- look for somebody in a uniform, don’t that is best for a child. That is what nois and say I would have them enforce show any resistance, and present your- they are required to do under a law in- the law, which is as the Senator has self, which he did. He now sits in a fa- troduced by a Republican Texas Con- just described. Once the Border Patrol cility in Texas. gressman, Dick Armey, and signed into processes the child or migrant, then This is a horrible humanitarian situ- law by a Republican President, George they turn them over to Health and ation. The numbers that are involved W. Bush. What President Obama is Human Services, where they can be here—I will give for the record the doing is enforcing a law which Presi- placed in humanitarian and hopefully numbers that have been reported, dent Bush signed and was supported by clean conditions so their interests can which are worth noting. Some people Republicans. be looked after while their legal case may think we are talking about hun- So, please, for a second, can we stop proceeds. dreds of children. This year, and this the partisanship on this? Let’s view The problem is not just the fact that year alone, as of June 15, unaccom- this not as a political crisis but a hu- there are no consequences once these panied children apprehended by the manitarian crisis, and let’s acknowl- children or others are released on a no- Border Patrol: Honduras, 15,000; Guate- edge the obvious. The President has tice to appear, which is never enforced, mala, 12,000; El Salvador, 11,000; and tried in his capacity to deal with the it is also the perception that people— Mexico, 12,000. Almost 80 percent of immigration issue. He has done more for example, this morning Congress- these kids come from the countries than he wanted to do as President. ´ man LUIS GUTIERREZ said that he was Honduras, El Salvador, and Guatemala. Last night at a gathering the President so frustrated by our inability to pass Why are they coming here? They are said: Does anyone think I believe Exec- immigration reform, that the Presi- coming here for a number of reasons: utive orders are the best way to govern dent needs to withhold any deporta- No. 1, there is this criminal network America? No. It is better to do it by tions or radically, essentially, refuse to that gets money to transport children. law. But let me tell my colleagues why enforce the law even further. They promise the families they will get he is forced into Executive orders. America is the most generous coun- them to the border. God only knows It was 365 days ago, on the floor of try in the world when it comes to our what will happen to those kids on their this Senate, that we passed a com- legal immigration system. We natu- way. Some of them will die, some of prehensive immigration reform bill. It ralize about 800,000 people a year. It the girls will be raped, and their lives was one of my prouder moments as a has been up to as many as 1 million may never be the same. It is a des- Senator. There were eight of us who people. We are very generous. But it is wrote the bill and it took us months: not too much to insist that people do it perate, awful, tragic situation, and four Republicans, including JOHN through legal means for their protec- there is no getting around the fact that MCCAIN, who was just on the floor, my tion and ours. it is occurring. The statements the President has Why are the families doing this? Why friend MARCO RUBIO of Florida, JEFF been making and the unilateral actions would you turn a fourth or fifth grader FLAKE of Arizona, and—I am thinking he continues to take give the percep- in your household loose to make that for a second; I blanked on it, but I will tion he doesn’t care what Congress awful, deadly journey? Well, part of the think of the other one in just a sec- says; he is going to go it alone. As a reason is those three countries—Hon- ond—LINDSEY GRAHAM of South Caro- matter of fact, this morning the Su- duras, El Salvador, and Guatemala— lina. So the four Republicans, and on preme Court rebuked the President on are virtually lawless. They are three of our side of the table we had CHUCK an illegal recess appointment—uncon- the top five countries in the world SCHUMER of New York, myself, BOB stitutional recess appointment. when it comes to murder rates. There MENENDEZ of New Jersey, and MICHAEL I think it is not just the law as it is is a fear that the gangs in these coun- BENNET of Colorado. written on the books, it is also how the tries will kill their kids anyway. We went at it for months and we law is actually implemented. It is also A young girl from one of these coun- wrote the bill. We brought the bill to the further perception that the Presi- tries said: I ran. I didn’t know what the floor, and we covered virtually dent is going to continue to basically else to do because I was told one of the every aspect of our broken immigra- refuse to repatriate people who enter members of the gang wanted to take tion system, start to finish. It wasn’t the country illegally. me on as a girlfriend. I know what hap- easy, but we covered it all. The bill I yield the floor. pens to girls who become girlfriends. passed on the floor of the Senate. It got The PRESIDING OFFICER. The as- They are raped, killed, and left in a 68 votes. We had 14 Republicans joining sistant majority leader. plastic bag on the side of the road. the Democrats in passing the bill. It Mr. DURBIN. Madam President, I Sadly, that is the reality of life for was supported by the U.S. Chamber of went to the White House last night. those children in some of these coun- Commerce. It was supported by the The President invited Democratic tries. labor unions, the faith community. Members of the Senate, and we met The United States is at the end of Grover Norquist, one of the most con- with Cabinet and staff members. One of this journey and trying to decide the servative Republicans in our country, the President’s close advisers I met humane thing to do when an infant, a supported it publicly and said it was a with described what she had seen in toddler, a 10-year-old, or a 12-year-old, good idea, and we passed it. McCallum, TX, and there were tears in shows up. We sent it to the House of Represent- her eyes when she told heartbreaking There is no easy answer. atives 1 year ago. What has happened stories of babies, children, and infants The one point I wish to make and to comprehensive immigration reform who are coming to this country. Many clarify—and I hope I did it in the since we sent it 1 year ago to the House of them are in the hands of smugglers course of my colloquy with my friend of Representatives? Nothing. Nothing. and coyotes who have gotten money and colleague from Texas—this is not a They refuse to call up the bill for con- from their parents or family to trans- question about whether President sideration. port them to the border of the United Obama has dreamed up a new law or is So when Members come to the floor States. not enforcing an existing law. The and talk about how broken our immi- She told me the story of a 12-year-old President is enforcing the existing law gration system is, I agree. Many of us boy, whom I mentioned earlier, from in America, and here is what it says: tried to fix it, and we did it the way we

VerDate Mar 15 2010 04:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.031 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4108 CONGRESSIONAL RECORD — SENATE June 26, 2014 should have—in a bipartisan fashion, the Senator from Texas is the Presi- time, but we still don’t have the final give and take, compromise. dent is fully enforcing existing laws. If law. We have the President’s Executive We are sending, under this new bill, people want to change the laws, let’s order which gives them a break now, more enforcement to the border be- have that debate, but to argue the but we still don’t have the final law to tween Texas and Mexico than we have President is not enforcing existing laws resolve it. ever seen before. I said somewhat jok- is not correct. He is. Those laws may I wish to tell a story about one of ingly that the people at the border can need to be changed or addressed, but he those DREAMers today. This is Marie reach out and touch hands, there will is dealing with them. Gonzalez Deel and her parents Marvin be so many of them—figuratively—at I wish to say a word, if I can, about and Marina Gonzalez. Marvin and Ma- our border. That was the price the Re- an issue which has come up on the rina brought Marie from Costa Rica to publicans insisted on: border enforce- floor and one that is near and dear to the United States in 1991 when Maria ment. All right. What we insisted on my heart. It was 13 years ago when I was 5 years old. They came to the was to take the 11 million undocu- got a call to my Chicago office. There United States legally on temporary mented in America today, and if they was a Korean-American mother who visas and settled in Jefferson City, MO. have been here for at least 2 years, give had an 18-year-old daughter who was a A lawyer said to them, Put down roots, them a chance. Let them come for- musical prodigy. She played classical get a job, and you have a chance to be- ward, register with the United States piano in high school and she had been come a citizen. who they are, where they live, where offered a scholarship to the Manhattan The Gonzalez family bought a house, they work, who is in their household. School of Music. Her family was a poor paid their taxes, and were active mem- Let them pay their taxes, let them pay immigrant family and this was the bers of their church. Marvin was a mail a fine, and let them learn English. If chance of a lifetime. When the mother courier for the Missouri Governor. Ma- they do those things, we will do a and daughter sat down to fill out the rina taught Spanish at a local school, criminal background check to make application to go to the Manhattan and Maria was at the top of her high sure they are no threat to anyone in School of Music, there was a question school class. They thought they had this country, and we will watch them. which asked, What is your citizenship? done everything right, but then We will watch them for 13 years—13 She turned to her mother and asked, Maria’s family was placed in deporta- years. Then they have a chance at le- What do I put there? And her mother tion proceedings. The community of galization. said, I don’t know. We brought you Jefferson City was angry that a good That is what our bill says. They go to here under a visitor’s visa when you family such as this who was part of the back of the line and they wait 13 were 2 years old and we never filed any their community was facing deporta- years while they pay their fines. It is papers. The daughter said, What are we tion. They rallied around them. tough. Some of them will not make it going to do? The mother said, We will I first met Marie in 2005. She was one to the end of the road, but it is there. call DURBIN. So they called our office. of the first DREAMers to tell her story It gives them a chance. We looked into the law and the law publicly. Back then it was a pretty So when Members come to the was clear. The law was clear. This 18- courageous thing to do. It still is. At floornd criticize our current immigra- year-old girl under our law had to leave my request, the Department of Home- tion system, I say to them, there was a the United States for 10 years and then land Security granted her a stay of de- repair to that system, there was a fix apply to come back in. Where was she portation, but 9 years ago Maria’s par- to that system. It passed the Senate 1 going to go? Her family was here. So ents were deported back to Costa Rica. year ago and Speaker BOEHNER refuses the mother said to me, What can we In 2008, Marie graduated from West- to call it to the floor of the House. I do? I told her, Under the law, almost minster College in Missouri with a de- don’t know why. nothing. So that is when I introduced gree in political science and business, Well, I do know why: Because it but her parents couldn’t be there to see would pass. There would be enough Re- the DREAM Act. The DREAM Act says if a person is her. They had been deported back to publicans joining Democrats to pass it Costa Rica. In 2009, Marie married her and we would finally have done some- brought here as a child, an infant, college sweetheart and planned a sec- thing on the issue of immigration. under the age of 16, and they completed ond ceremony in Costa Rica so her par- Now we have before us a resolution high school and had no criminal record by the senior Senator from Texas and of any substance at all, if they served ents could be a part of it. On Thanks- he suggests we should take it up. The in our military or went 2 years to col- giving, 2010, she and her husband flew first part of the resolution says the lege, they had a chance to become an to Costa Rica. As my colleagues can President has to make it clear the American citizen. That was the see from this picture, they were elated DACA Executive order does not apply DREAM Act. I introduced it 13 years to see one another for the first time in to the new people coming across the ago—13 years ago. It has passed the 5 years. Just a few hours later, Marvin, her border. Well, that is a fact. Those who House, but it didn’t pass the Senate father, who had prostate cancer, col- are coming across the border today that year. It has passed the Senate as can’t qualify to become legal in the part of comprehensive immigration re- lapsed. He was rushed to the hospital. United States—not under any existing form, but it hasn’t passed the House. He passed away later that same day— Executive order or under the proposed So several years ago I wrote to the the day this photograph was taken. comprehensive immigration reform we President. I said to the President, with Luckily, they got to see him before he passed in the Senate. They can’t be- 22 other Senators, Would you consider passed away. The family held a funeral come citizens. The President saying it issuing an Executive order saying you the next day and carried on with the personally? I am sure the President will not deport these DREAM children, Costa Rica wedding the following day would say it personally because he sent these DREAMers—because they are eli- with an empty chair at the head of the the Vice President out to Central gible under bills that have passed both table where Marie’s father would have America to visit the countries and tell the House and Senate—give them a been seated. the leaders there: There is a mistake if suspension of deportation and allow Today Marie is the proud mother of your people believe they can stay in them to stay in the United States an 11-month-old baby girl, Araceli. In this country legally. They cannot. without fear of being deported? He March 2014, Marie became a citizen of Secondly, he said we have to discour- signed the Executive order. So almost the United States. Here is what she age this migration. I am for that. Who 600,000 have stepped forward and they wrote to me in a letter: isn’t for that? We need to discourage have agreed they will submit the infor- I was very blessed and thankful to get the the exploitation of these children and mation to our government and, in turn, opportunity to stay in the United States on their families and do it in every man- they will be spared deportation. a temporary visa to be able to finish my edu- They are getting on with their lives. cation, get a job, find my soul mate, and ner possible. So there is nothing in eventually become a citizen, though at the that suggestion that I think isn’t al- They are going to school and getting cost of not spending that time with my fam- ready being done. jobs. Amazing things are happening for ily and feeling alone for so long. My family The third thing is to fully enforce ex- them. There are great stories, and I was torn apart when I was 18 and will never isting law. The point I tried to make to come to the floor and tell them all the be able to be reunited. My immigration

VerDate Mar 15 2010 04:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.032 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 26, 2014 CONGRESSIONAL RECORD — SENATE S4109 struggle continues until the day I can once One year is long time to wait—and He enjoyed an illustrious career in again have my mom at my side. I hope other for these families, years and years, public service and it was accomplished, families don’t have to endure this pain. some of them with broken dreams that everyone said, by his hard work. He There are 11 million stories in Amer- will never be fulfilled, families who loved foreign affairs and did a great ica, many of them just like this. Hard- have been split up and try to survive. job. He was motivated by his heartfelt working men and women, law-abiding But that is our responsibility, not just desire to do good in the world. Our families, viable parts of our churches for DREAMers but for our country, to thoughts go to his family and his wife, and our communities, who had the make sure we renew this commitment whom I had the good fortune to serve courage to leave everything behind and to our diversity and to immigration. with. come to this great Nation. Those of us I yield the floor and suggest the ab- I do say this: The two fine men who who are immigrants to this country, sence of a quorum. now serve in the Senate from Ten- which includes the Presiding Officer The PRESIDING OFFICER (Ms. nessee, I am confident, learned a lot and myself—at least my mother— HIRONO). The clerk will call the roll. from Howard Baker because the senior thank our lucky stars we were given The legislative clerk proceeded to Senator from Tennessee is also a per- this chance. My mother was an immi- call the roll. son who wants to try to work things grant to this country and her son is a Mr. MCCONNELL. Madam President, out. The junior Senator from Ten- U.S. Senator from Illinois. She was I ask unanimous consent that the order nessee and I have had many conversa- brought here at the age of 2. Her natu- for the quorum call be rescinded. tions. I believe he also wants to be ralization certificate is in my office up- The PRESIDING OFFICER. Without someone who works things out. stairs. I am very proud of it. It is a re- objection, it is so ordered. So my sympathy goes to Senator minder to me and a reminder to anyone REMEMBERING HOWARD BAKER Baker’s family and friends, especially who visits me that this is a nation of Mr. MCCONNELL. Madam President, the two Senators from Tennessee, who immigrants. We are a nation that it is with great sadness that I announce I am sure are heartbroken as a result thrives with the diversity of our immi- the passing of one of the Senate’s most of the loss of their mentor, friend, one gration and the energy they bring, the towering figures, Senator Howard of the great people to come out of Ten- courage they bring, leaving everything Baker. nessee, and there have been plenty. behind to come to this country. That is The Senate sends its sincere condo- I suggest the absence of a quorum. the family of the Presiding Officer, and lences to the family of Senator Baker. The PRESIDING OFFICER. The that was my family. That is our story, In particular, we want to pass along clerk will call the roll. but that is America’s story. That is our deep sympathies to his wife Nancy The assistant bill clerk proceeded to who we are. Landon Kassebaum Baker. Many of us call the roll. Have we reached the point where we served alongside Nancy in the Senate, Ms. MURKOWSKI. Madam President, cannot even discuss future immigra- and we know this must be a difficult I ask unanimous consent that the order tion in the House of Representatives? moment for her. for the quorum call be rescinded. Have we reached a point where we can- Senator Baker was a true The PRESIDING OFFICER. Without not even bring the matter to the floor pathbreaker. He served as Tennessee’s objection, it is so ordered. for a vote? Are we going to ignore what first popularly elected Republican Sen- Ms. MURKOWSKI. Madam President, that means to this family and millions ator since Reconstruction. He served as I wish to speak very briefly this after- just like them, what it means to the America’s first Republican majority noon to acknowledge a hero. I come to thousands of kids presenting them- leader since the time of Eisenhower. He the floor just after the announcement selves at the border? We are better than that. America is served his Nation with distinction as a has been made about a leader in the better than that. When we embrace our member of the U.S. Navy, as Chief of Senate, Senator Baker. While I did not diversity, when we embrace immigra- Staff to President Reagan, and as our have the privilege of serving at the tion as part of who we are in America, country’s Ambassador to Japan. same time as he, my father did. They we will be stronger for it and not just Senator Baker truly earned his nick- were close friends, not only Senator in the creation of new businesses and name, the ‘‘Great Conciliator.’’ I know Baker but Senator Kassebaum. My jobs. These immigrants are some of the he will be remembered with fondness heart, my thoughts go out to the fam- hardest working people in America. by Members of both political parties. ily. The contributions clearly from They take the toughest jobs that a lot Again, let me express the Senate’s Senator Baker on so many different of Americans would not touch, but sympathies to the Baker family. He levels are so greatly appreciated. they know that is what an immigrant will be missed by the Senate and by his TRIBUTE TO MASTER SERGEANT ROGER D. does. country. SPARKS What is their dream? That their ba- The PRESIDING OFFICER. The ma- Madam President, I would like to bies, their sons and daughters, are jority leader. spend just about 5 minutes this after- going to have a better life. Thank Mr. REID. Madam President, as the noon speaking of another hero, and goodness that story has been repeated distinguished Republican leader has this is a man who has demonstrated over and over and over. That defines said, this body—the U.S. Senate—has above and beyond his commitment, his who we are in America. lost a member of its family, Ten- service to the United States. I would Now—1 year later—the House of Rep- nessean Howard Baker. like to speak about MSgt Roger D. resentatives is about to throw up its We know of his long and distin- Sparks. hands and walk away from even ad- guished career. He served three terms It is my duty as a Pararescueman to save dressing immigration issues. What a in the Senate. He served as minority lives and to aid the injured. I will be pre- heartbreaking situation. What an abdi- leader and ended his career as majority pared at all times to perform my assigned cation of responsibility. leader. He was an earnest man and duties quickly and efficiently, placing these I know there is a partisan difference worked with any and all Members of duties before personal desires and comforts. between the House and the Senate, but this body in passing legislation for the The things I do, that others may live. I honestly believe that if the Speaker good of America. ‘‘The things I do, that others may had the political courage to call the As the Republican leader has men- live’’—this is the solemn oath by which comprehensive immigration bill—the tioned, he worked under the direction all pararescue airmen pledge their alle- bipartisan bill that passed the Senate— of President George W. Bush as Ambas- giance and dedicate their service to our we would find enough Republican sador to Japan. He was President Rea- country. It is the sacred creed of a House Members who would stand and gan’s Chief of Staff. He was someone most honorable profession. vote with the Democrats and pass it. who could do everything. Alaskans are extremely proud of the Sure, there will be critics of the Speak- He was well liked by Democrats and exceptionally heroic achievements of er—he shouldn’t have done it—but that Republicans. He was a fine man. I did the Combat Search and Rescue Airmen is what leadership calls for, for the not know him as well as my colleague assigned to the 176th Wing in the Alas- Speaker to have that courage and get the Republican leader or of course the ka Air National Guard. These airmen it done. I hope he will. two sitting Tennessee Senators. embody the core values of the Air

VerDate Mar 15 2010 04:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.033 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4110 CONGRESSIONAL RECORD — SENATE June 26, 2014 Force—integrity first, service before Captain Bailey and Sergeant Sparks Captain Bailey, and the entire rescue self, and excellence in all they do—and were lowered into the battle amidst a team, the loss of life would have been are undoubtedly the best our country hail of enemy fire. much higher. has to offer. It was later determined that the I would like to take this opportunity The National Guard Bureau recently hoist line used to lower them into com- to honor Sergeant Sparks’ brave team- confirmed that the rescue squadrons of bat was actually even struck by several mates, who also disregarded their own the 176th Wing comprise the busiest rounds. As soon as their boots hit the personal safety throughout their sup- Combat Search and Rescue unit in the ground, a rocket-propelled grenade ex- port of Operation Bulldog Bite so that entire U.S. Air Force. This of course ploded less than 20 feet away, knocking others might live. These men are: SSgt brings great pride to us as Alaskans. both airmen to the ground. Quickly Aaron Parcha, SSgt Jimmy Settle, These brave men and women risk their gathering themselves, Sergeant Sparks SSgt Ted Sierocinski, TSgt Brandon lives every day so others may live, and and Captain Bailey took charge of the Hill, MSgt Brandon Stuemke, SMSgt I am honored to thank them for their beleaguered platoon who were trapped Christopher ‘‘Doug’’ Widener, Capt. service and recognize the extraordinary in a furious, chaotic fight. Marcus Maris, and Capt. Koaalii Bai- bravery of one of their own. Sergeant Sparks and Captain Bailey ley. There were many heroes on that day, I am pleased to honor one of these were on their own to handle the situa- including these pararescuemen and the heroic pararescue airmen, specifically tion the best they could, with ex- soldiers that were engaged in battle. a parajumper—or a PJ—one MSgt tremely limited first aid equipment Roger D. Sparks from the 212th Rescue But I am particularly honored to con- and no ground artillery support. Over gratulate MSgt Roger Sparks on the Squadron out of Joint Base Elmendorf- the next 5 hours, as bombs hammered award of the Silver Star and thank him Richardson. In the near future, the Air enemy positions and bullets spattered and his family for their dedicated and Force will award Sergeant Sparks with against the rocks, Sergeant Sparks selfless service to our Nation. the Silver Star Medal for gallantry in abandoned cover to locate, consolidate, As with all the members of the 176th combat during a daring, lifesaving res- and treat the wounded. Wing, I am absolutely in awe of his cue in the face of extreme danger in Af- According to his team commander, achievement, eternally grateful for his ghanistan on November 14, 2010. Sergeant Sparks selflessly exposed service, and sincerely proud to have On that day, Sergeant Sparks—pic- himself to destructive enemy fire, in him serving in the great State of Alas- tured here; the gentleman in the back- order to save American lives, com- ka. ground; there he is with his pararescue petently handling the treatment of I ask unanimous consent that the team—responded to cries of help from nine patients during the worst possible complete text of Master Sergeant an Army platoon pinned down on all mass casualty situation. Sparks’ Silver Star Medal citation be sides by a fierce and coordinated Taken from the narrative: printed in the RECORD. Taliban assault. When Sergeant Sparks exhausted his med- CITATION TO ACCOMPANY THE AWARD OF THE What started as a relatively routine ical supplies, he improvised using belts, T- SILVER STAR TO ROGER D. SPARKS rescue mission—and routine by their shirts or boot strings in a desperate attempt Master Sergeant Roger D. Sparks distin- standards is still extremely heroic by to keep his patients alive. After assembling guished himself by gallantry in connection any normal standard—this rescue mis- all the casualties in a central location, Ser- with military operations against an armed sion quickly broke down into a dire sit- geant Sparks gathered body armor and posi- enemy of the United States as a Pararescue uation that claimed the lives of five tioned it around the helpless soldiers to pro- Jumper assigned to the 212th Rescue Squad- ron in the Watapur Valley, Afghanistan on 14 U.S. soldiers but could have been an tect and shield them from enemy fire. Re- peatedly returning to the most critically November 2010. On that date, Sergeant absolutely catastrophic loss of life had wounded, Sergeant Sparks performed vital Sparks responded to a call in support of Op- it not been for the bravery and selfless medical procedures in a deliberate process to eration BULLDOG BITE and the Army’s actions of Sergeant Sparks and his ensure that each of the solders received con- 101st Airborne Division. While in the air, cir- team. tinued care and attention until airlift ar- cling the objective, the ground situation At the time of this rescue, the PJ rived. grew extremely hostile and the number of team had been providing dedicated He feverishly triaged chest wounds, punc- casualties increased from two to six. As a re- tured lungs, shattered hips, fist-sized blast sult of the increased fighting in the area, medical evacuation support for the Sergeant Sparks’ team took the lead posi- 101st Airborne unit during Operation holes, eviscerated stomachs, and arterial bleeders with extremely limited medical sup- tion for the evacuation mission. With lim- Bulldog Bite. This was a coalition of- plies and only the light of the moon piercing ited information regarding the ground situa- fensive which was aimed at driving the the darkness of the remote mountaintop. tion, Sergeant Sparks and Captain Bailey enemy out of the Watapur Valley in Upon return of evacuation aircraft, Sergeant began their 40 foot descent from the heli- the Kunar Province of Afghanistan Sparks directed the hoisting of the most copter via a hoist to the ground and imme- near its eastern border with Pakistan. critically injured and briefed the crews on diately began taking enemy fire. Bullets flew by the two pararescuers and the lowering each casualty’s injuries and medical require- Throughout the 5-day operation, the cable was hit three times while they dangled ments, choosing to remain behind until the team rescued 49 casualties and exe- in the air. They yelled for rapid descent and last man departed. cuted 30 hoist operations, most of the flight engineer lowered them to the which were done while they were ex- Sergeant Spark’s quick and com- ground with enemy rounds flying all around. posed to enemy fire. The most signifi- posed actions ensured nine solders re- Upon reaching the ground, the pair was as- cant of all these missions though took ceived medical care as quickly as pos- saulted with a rocket propelled grenade. Ex- place on November 14. sible amidst constant enemy fire and ploding just 20 feet away, the blast knocked them both off their feet. As the gunner en- To paraphrase the account from Ser- despite extremely limited resources. gaged the enemy with danger close rounds, geant Sparks’ team commander, Capt. Sergeant Sparks’ leadership and coura- Sergeant Sparks ran approximately 70 yards Koa Bailey, what began as a relatively geous actions saved lives and allowed uphill, to take cover. As he approached the routine rescue operation for two the remainder of the infantry platoon tree, it was blown to pieces by another wounded and one deceased soldier to continue with their assigned mis- enemy fired rocket propelled grenade. Still quickly turned into anything but rou- sion. His extraordinary efforts under under intense enemy fire, with bombs ham- tine. As the rescue team approached direct fire and in immediate danger to mering danger close enemy positions, Ser- geant Sparks abandoned cover to provide aid the battle zone and took on fire, they his own life resulted in saving four to the wounded. Despite continued enemy quickly realized the situation was rap- American lives and one host nation ci- fire and with no concern for his personal idly deteriorating for the U.S. soldiers vilian as well as returning four soldiers safety, Sergeant Sparks immediately per- on the ground. killed in action to their families. formed lifesaving measures for nine wounded According to Captain Bailey, a dif- Tragically, the fierce battle ulti- Soldiers. He feverishly triaged chest wounds, ferent operator came on the radio, indi- mately claimed the lives of five solders punctured lungs, shattered hips, fist sized cating that the first operator was hit. that day. All told, only eight soldiers blast holes, eviscerated stomachs, and arte- rial bleeders with limited medical supplies You could hear the fear in the guy’s of the platoon involved in the 6-hour and only the light of the moon. Upon return voice. While we were listening it went battle were left with no visible wounds. of evacuation aircraft, Sergeant Sparks di- from two to six wounded. So with com- However, if it were not for the courage rected evacuation of the injured while brief- plete disregard for their own safety, and selfless action of Sergeant Sparks, ing crews on each casualty’s injuries and

VerDate Mar 15 2010 04:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.039 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 26, 2014 CONGRESSIONAL RECORD — SENATE S4111 medical needs; choosing to remain behind mean that these girls are not still in with that. But we also have to come to until the last man departed. His extraor- danger for what has happened to them. grips with the fact that we cannot let dinary efforts under direct, immediate dan- We need to continue to speak up and millions of girls around the world not ger to his own life resulted in saving four speak out. That is not to minimize have access to education. Education is American lives, one Host Nation civilian and as important as water. We need water returning four Soldiers killed in action to Iraq. That is not to minimize Iran. their families. By his gallantry and devotion This is not to minimize all of the other to live. You need education to make a to duty, Sergeant Sparks has reflected great problems facing the world. But we all life for yourself. credit upon himself and the United States had Web sites and hashtags and so on We look forward to working with our Air Force. saying: Bring our girls back home. I colleagues across the aisle. We hope to The PRESIDING OFFICER. The Sen- am here today saying to Boko Haram: move the foreign ops bill that has ator from Maryland. We have not forgotten. We are proud money in the Federal checkbook to do this. When we return from the break I REMEMBERING HOWARD BAKER that our President sent 80 troops to Chad to assist in the effort to locate will have more to say. I hope it will be: Ms. MIKULSKI. Madam President, I Thank God we found them and we rise to speak about the missing girls these kidnapped girls. We understand that there continues brought them back to their mothers from Nigeria who on the 73rd day are to be the search effort. We do not want and fathers. still held in captivity. But before I do, it to be a recovery effort. We need it to Millions of these girls who fight for as a Senator I would like to express my be a rescue effort. These girls were kid- their right to attend school are risking sorrow to hear about the passing of one napped. It is despicable. It is unaccept- their lives. Facing harassment, of the great Senators, Howard Baker of able. They are threatening to sell these threats, and even violence to get an Tennessee. girls into trafficking. Now after hold- education and have the opportunity to Many Senators will come to the floor ing them for 73 days, I have no idea thrive and succeed. to extol what a great Senator he was, what they have had to endure. Additionally girls who are in school what a great leader he was. I also want It goes on. They are continuing to often do not have access to adequate to take a moment to express my sym- kidnap children. They are kidnapping supplies needed to do their work, lack pathy to his widow, another Senator, girls, some as young as 3 and 4. That basic bathroom facilities, and that pro- Senator Nancy Kassebaum. When I was the other day. They are also kid- vide them security and safety. came to the Senate, there was only one They lack trained teachers and ade- napping little boys. What kind of orga- other woman, and that was Senator quate learning environments. nization is this? Now, in response to Nancy Kassebaum, then representing This is unacceptable. We must make the violence there, I know we, the the great State of Kansas. She was a a real effort to address this far-reach- women of the Senate, signed a letter to great friend to me. We served on the ing global crisis. President Obama asking for inter- HELP Committee. We worked together This kidnapping of the Nigerian national sanctions against Boko over many years. Then Senator Kasse- school girls also illustrates the horri- Haram, and that they be added to the baum retired. fying reality of human trafficking. U.N. Al Qaeda sanctions list. The She thought she was going back to Over 20 million people throughout United Nations actually acted. They Kansas, but she found herself in the the world are victims of human traf- actually acted promptly. So now they arms of Howard Baker. We watched a ficking. are on the terrorist list. We need to This is something that we cannot ac- love story unfold that was so endearing take all of the appropriate actions that cept. to many of us. Senator Ted Kennedy support the sanctions that go with it. The U.S. Government is committed and I were invited to the wedding of I am hopeful we can find these girls. to addressing this problem. Howard Baker and Nancy Kassebaum. But we cannot stop our advocacy for I am happy that the State Depart- After the vows there was a beautiful them, for close to 100 girls, and now for ment has announced that USAID will reception and they played the music. the new children that have been kid- be launching a new program called Howard and Nancy twirled and whirled napped—boys as well as girls. ‘‘Let Girls Learn’’. around the floor. Then they turned to We need to be able to take all nec- ‘‘Let Girls Learn’’ provides $231.6 the crowd. Ted Kennedy and I rushed essary international steps that are million for new programs to support out. I grabbed Howard, he grabbed legal to be able to rescue them and primary and secondary education and Nancy, and we did the bipartisan bring them home. Now this terrible, safe learning: boogie through the night. terrible situation has also generated In Nigeria, Afghanistan, South Those were the days that one remem- the conversation about the education Sudan, Jordan, and Guatemala. bers. That is the kind of spirit the Sen- of children around the world, particu- Making sure that girls receive an ate had. That is the kind of spirit that larly girls. For some reason, there are education needs to be a priority for all Senator Howard Baker had—that you those around the world who do not of us. When girls are educated their fami- could argue, you could debate, and so want to see girls get a basic education. lies and communities are better off. on, but deep down the Senate should be Malala, who wrote her book about it, the saucer that cools irrational pas- Girls who receive basic education are took a bullet wound in her brain be- three times less likely to contract HIV. sions of the time. He was a great lead- cause she wanted to go to school, be- er. He created this atmosphere of being Education helps women increase cause she wanted to learn to read. As their income, allowing them to better able to come together and solve prob- she said: One child, one book at a time, lems. So whether it was on the Senate support their families and contribute we can change the world. to their nation’s economy and overall floor or whether it was on the dance We have put money in the Federal floor, he really spoke about the need success. checkbook in foreign ops to really help The United States must continue to for bipartisanship. Senator Nancy with the education of the children be a leader in the fight to make sure Kassebaum Baker is exactly the same around the world. Right now there are girls across the world are able to re- way. 62 million girls throughout the world ceive an education in a safe environ- So remembering with such fondness, who are not in school. They are not in ment. we want to express our condolences school for two reasons. They are not in I also call on all nations to make this about him and certainly to her as just school because of the lack of capacity, a priority and to put their words of one woman to another. like books and teachers, and they are support into action, and for govern- NIGERIAN SCHOOL CHILDREN not in school because of the bigotry ments around the world to make every I also come to the floor today to talk against them. effort to ensure that children can re- about another sadness, the sadness We need to do something. I know ceive an education in a safe environ- about the fact that the Nigerian school that we are moving towards a vote. I ment. girls who were abducted by Boko say to Boko Haram: Let these girls go. Education is a basic human right Haram continue to be held in captivity. Let’s bring them back home. I say for that should not be deprived regardless I come to the floor to say that just be- those who are searching for them: Do of where you live or where you come cause it is not in the headline does not not lose heart. We have got to deal from.

VerDate Mar 15 2010 05:32 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.002 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4112 CONGRESSIONAL RECORD — SENATE June 26, 2014 Making sure that all boys and girls Connecticut, to be an Associate Direc- NOT VOTING—7 have access to basic education is some- tor of the Office of Science and Tech- Alexander Coburn Udall (CO) thing I have always fought for and nology Policy. Begich Cochran Burr Moran something I will continue to fight for. VOTE ON JONES NOMINATION The nomination was confirmed. f The PRESIDING OFFICER. There will now be 2 minutes of debate equally VOTE ON BEECROFT NOMINATION NOMINATION OF STUART E. divided prior to a vote on the Jones The PRESIDING OFFICER. Under JONES, A CAREER MEMBER OF nomination. the previous order, there will be 2 min- THE SENIOR FOREIGN SERVICE, Mr. CORKER. I yield back all time. utes of debate on the Beecroft nomina- CLASS OF CAREER MINISTER, TO tion. Ms. KLOBUCHAR. I yield back all BE AMBASSADOR EXTRAOR- Mr. REID. I yield back the time. DINARY AND PLENIPOTENTIARY time. The PRESIDING OFFICER. Without OF THE UNITED STATES OF The PRESIDING OFFICER. Without objection, it is so ordered. All time is AMERICA TO THE REPUBLIC OF objection, all time is yielded back. yielded back. IRAQ The question is, Will the Senate ad- The question is, Will the Senate ad- vise and consent to the nomination of vise and consent to the nomination of Stuart E. Jones, of Virginia, a Career Robert Stephen Beecroft, of California, NOMINATION OF ROBERT STEPHEN Member of the Senior Foreign Service, a Career Member of the Senior Foreign BEECROFT, A CAREER MEMBER Class of Career Minister, to be Ambas- Service, Class of Minister-Counselor, to OF THE SENIOR FOREIGN SERV- sador Extraordinary and Pleni- be Ambassador Extraordinary and ICE, CLASS OF MINISTER-COUN- potentiary of the United States of Plenipotentiary of the United States of SELOR, TO BE AMBASSADOR EX- America to the Republic of Iraq? America to the Arab Republic of TRAORDINARY AND PLENI- Mr. CORKER. I ask for the yeas and Egypt? POTENTIARY OF THE UNITED nays. The nomination was confirmed. STATES OF AMERICA TO THE The PRESIDING OFFICER. Is there a VOTE ON DYNAN NOMINATION ARAB REPUBLIC OF EGYPT sufficient second? The PRESIDING OFFICER. There There appears to be a sufficient sec- will now be 2 minutes of debate prior to ond. a vote on the Dynan nomination. NOMINATION OF KAREN DYNAN TO The clerk will call the roll. Mr. REID. I ask unanimous consent BE AN ASSISTANT SECRETARY The assistant bill clerk called the that the time be yielded back. OF THE TREASURY roll. The PRESIDING OFFICER. Without Mr. DURBIN. I announce that the objection, it is so ordered. All time is Senator from Alaska (Mr. BEGICH) and yielded back. NOMINATION OF ESTHER the Senator from Colorado (Mr. UDALL) The question is, Will the Senate ad- PUAKELA KIA‘AINA TO BE AN are necessarily absent. vise and consent to the nomination of ASSISTANT SECRETARY OF THE Mr. CORNYN. The following Senators Karen Dynan, of Maryland, to be an As- INTERIOR are necessarily absent: the Senator sistant Secretary of the Treasury? from Tennessee (Mr. ALEXANDER), the The nomination was confirmed. Senator from North Carolina (Mr. VOTE ON KIA‘AINA NOMINATION NOMINATION OF VINCENT G. BURR), the Senator from Oklahoma The PRESIDING OFFICER. Under LOGAN TO BE SPECIAL TRUST- (Mr. COBURN), the Senator from Mis- the previous order, there will be 2 min- EE, OFFICE OF SPECIAL TRUST- sissippi (Mr. COCHRAN), and the Senator utes of debate prior to a vote on the EE FOR AMERICAN INDIANS, DE- from Kansas (Mr. MORAN). Kia‘aina nomination. PARTMENT OF THE INTERIOR Further, if present and voting, the Mr. REID. I ask unanimous consent Senator from Tennessee (Mr. ALEX- that the time be yielded back. ANDER) would have voted ‘‘yea.’’ The PRESIDING OFFICER. Without NOMINATION OF JO EMILY The PRESIDING OFFICER. Are there objection, it is so ordered. All time is HANDELSMAN TO BE AN ASSO- yielded back. CIATE DIRECTOR OF THE OFFICE any other Senators in the Chamber de- siring to vote? The question is, Will the Senate ad- OF SCIENCE AND TECHNOLOGY vise and consent to the nomination of POLICY The result was announced—yeas 93, nays 0, as follows: Esther Puakela Kia‘aina, of Hawaii, to The PRESIDING OFFICER. Under be an Assistant Secretary of the Inte- [Rollcall Vote No. 216 Ex.] the previous order, the Senate will pro- rior? ceed to the consideration of the fol- YEAS—93 The nomination was confirmed. Ayotte Grassley Murphy lowing nominations, which the clerk VOTE ON LOGAN NOMINATION Baldwin Hagan Murray will report. Barrasso Harkin Nelson The PRESIDING OFFICER. Under The assistant bill clerk read the Bennet Hatch Paul the previous order, there will be 2 min- nominations of Stuart E. Jones, of Vir- Blumenthal Heinrich Portman utes of debate prior to a vote on the Blunt Heitkamp Pryor ginia, a Career Member of the Senior Booker Heller Reed Logan nomination. Foreign Service, Class of Career Min- Boozman Hirono Reid Mr. REID. I ask unanimous consent ister, to be Ambassador Extraordinary Boxer Hoeven Risch that the time be yielded back. and Plenipotentiary of the United Brown Inhofe Roberts The PRESIDING OFFICER. Without Cantwell Isakson Rockefeller States of America to the Republic of Cardin Johanns Rubio objection, it is so ordered. All time is Iraq; Robert Stephen Beecroft, of Cali- Carper Johnson (SD) Sanders yielded back. fornia, a Career Member of the Senior Casey Johnson (WI) Schatz The question is, Will the Senate ad- Chambliss Kaine Schumer vise and consent to the nomination of Foreign Service, Class of Minister- Coats King Scott Counselor, to be Ambassador Extraor- Collins Kirk Sessions Vincent G. Logan, of New York, to be dinary and Plenipotentiary of the Coons Klobuchar Shaheen Special Trustee, Office of Special United States of America to the Arab Corker Landrieu Shelby Trustee for American Indians, Depart- Cornyn Leahy Stabenow Republic of Egypt; Karen Dynan, of Crapo Lee Tester ment of the Interior? Maryland, to be an Assistant Secretary Cruz Levin Thune The nomination was confirmed. of the Treasury; Esther Puakela Donnelly Manchin Toomey VOTE ON HANDELSMAN NOMINATION Durbin Markey Udall (NM) Kia‘aina, of Hawaii, to be an Assistant Enzi McCain Vitter The PRESIDING OFFICER. Under Secretary of the Interior; Vincent G. Feinstein McCaskill Walsh the previous order, there will be 2 min- Logan, of New York, to be Special Fischer McConnell Warner utes of debate prior to the vote on the Trustee, Office of Special Trustee for Flake Menendez Warren Handelsman nomination. Franken Merkley Whitehouse American Indians, Department of the Gillibrand Mikulski Wicker Mr. REID. I ask unanimous consent Interior; and Jo Emily Handelsman, of Graham Murkowski Wyden that the time be yielded back.

VerDate Mar 15 2010 05:49 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.005 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 26, 2014 CONGRESSIONAL RECORD — SENATE S4113 The PRESIDING OFFICER. Without targeting the conservative groups was deed, she has given over $6,000 to Presi- objection, it is so ordered. All time is ‘‘outrageous and unacceptable.’’ That dent Obama and Democrats in recent yielded back. was more than a year ago. years. The question is, Will the Senate ad- What has happened in the year and 2 No reasonable person would trust vise and consent to the nomination of months that have passed since then? John Mitchell to investigate Richard Jo Emily Handelsman, of Connecticut, Although both the President and the Nixon. Yet the Obama administration to be an Associate Director of the Of- Attorney General profess outrage and is telling the American people the in- fice of Science and Technology Policy? anger, not a single person has been in- vestigation into the wrongful targeting The nomination was confirmed. dicted—not a single person. Although of conservatives will be led by a major The PRESIDING OFFICER. Under both the President and the Attorney Obama Democratic donor. That is con- the previous order, the motions to re- General said they would investigate temptuous. It is contemptuous of the consider are considered made and laid this matter, it has been publicly re- law; it is contemptuous of the Amer- upon the table and the President will ported that no indictments are ican people. One would think that if be immediately notified of the Senate’s planned. In fact, President Obama went you appoint a major Obama donor to action. on national television during the Super lead the investigation, it is likely that VOTE EXPLANATION Bowl and categorically stated, ‘‘There the victims would not be interviewed, ∑ Mr. UDALL of Colorado. Mr. Presi- was not even a smidgeon of corruption that no one would be indicted. And, dent, due to unavoidable family com- to be found at the IRS.’’ wonder of wonders, what has happened? mitments, I was unable to cast votes How far we had come from the day The victims have not been interviewed relative to rollcall vote No. 215 on the the scandal broke when he said he was and no one has been indicted. motion to invoke cloture on the nomi- angry and the American people had a But that is not all. We have seen Lois nation of Cheryl Ann Krause to be U.S. right to be angry. Fast forward a few Lerner, the head of the IRS office that Circuit Judge for the Third Circuit and months later and he goes on television illegally targeted conservative citi- rollcall vote No. 216 on the confirma- and says there is not a smidgeon of cor- zens, go before Congress and repeatedly tion of Stuart E. Jones to be Ambas- ruption. plead the Fifth. When a senior govern- sador to the Republic of Iraq. Had I That is a remarkable statement for ment official takes the Fifth, that is an been present, I would have voted yea in the President to have made, because action that should be taken very seri- each instance.∑ Attorney General Eric Holder 4 days ously. Yet it seems in this town par- earlier had told the Senate Judiciary tisan politics trumps fidelity to law. f Committee that there was an ongoing What Lois Lerner said in the House of LEGISLATIVE SESSION investigation being conducted at the Representatives by pleading the Fifth IRS. is effectively standing there saying, ‘‘If The PRESIDING OFFICER. The Sen- President Obama’s comments and I answer your question, I may well im- ate will resume legislative session. Eric Holder’s comments are facially in- plicate myself in criminal conduct.’’ The PRESIDING OFFICER. The Sen- consistent. Either Eric Holder was tell- That is chilling. ator from Texas. ing the truth, that there is, in fact, a Let me note with sadness that the f meaningful ongoing investigation, or Democratic Members of this Chamber UNANIMOUS CONSENT REQUEST— President Obama was telling the truth seem to have no concern about a senior S. RES. 487 when he said conclusively there is not IRS official pleading the Fifth repeat- a smidgeon of corruption. One or the edly because truthfully answering the Mr. CRUZ. Madam President, I rise other was not telling the truth or per- questions could implicate her in crimi- today to discuss the facts regarding the haps President Obama was simply pre- nal conduct. ongoing IRS scandal that the Obama judging the investigation. Perhaps Throughout it all Americans have administration refuses to investigate, President Obama was simply attempt- been told that the Obama administra- refuses to prosecute, refuses to address ing to influence its outcome, making tion would find out what happened and with honesty and integrity. I want to clear that the outcome desired from would take the necessary actions. talk about the facts we know and the the White House is that there is not a Indeed, the new head of the IRS, facts we don’t know, and how we as the smidgeon of corruption. What happened Commissioner John Koskinen, prom- Senate can demonstrate fidelity to law to the American people having a right ised as much. Now we find out that this and the integrity of the U.S. Govern- to be angry? Now the President is in- new Commissioner is also a major ment. stead telling investigators the conclu- donor to President Obama and Demo- Let’s talk about what we know. sion they should reach. cratic causes. This new Commissioner We know that more than 1 year ago Regardless, it is beyond dispute that of the IRS has given nearly $100,000 to on May 14, 2013, the inspector general the Obama administration, the Justice the Democratic Party, including $7,300 of the Treasury Department said that Department, has not held anyone ac- to President Obama. What fairminded beginning in 2010 the IRS had improp- countable for this gross abuse of power. person would entrust not one but two erly targeted conservative citizen In a hearing in January of this year, major Obama donors to investigate groups, tea party groups, pro-Israel Attorney General Eric Holder refused how the IRS used political power to go groups, and pro-life groups. The day to answer whether even a single victim after the enemies of President Obama? the inspector general’s report was of the wrongful targeting has been Not one but two—the lead lawyers in made public, President Obama had de- interviewed. the Department of Justice heading up scribed what occurred as ‘‘intolerable Let me repeat that. The victims who the noninvestigation that is not inter- and inexcusable.’’ As President Obama were targeted wrongly by the IRS—the viewing the victims, that is not indict- put it: ‘‘Americans have a right to be citizens—for exercising their political ing anyone, and the head of the IRS angry about it, and I am angry about free speech rights, the Attorney Gen- giving nearly $100,000 to Democratic it.’’ eral refused to answer if they had even causes. Well, if President Obama was speak- bothered to interview any of those citi- We received even more striking news, ing the truth when he said over a year zens. that Commissioner Koskinen tells us ago that Americans have a right to be We also note some of the emails that the IRS lost Lois Lerner’s emails. angry about this, then today after over have been made public give the appear- Oops, sorry. The dog ate my home- a year of obstruction of justice, of re- ance that the Department of Justice work. fusing to investigate or prosecute what may have been directly involved in the Madam President, if you or I tried happened under President Obama’s own illegal targeting of citizen groups that in our IRS returns, they wouldn’t standard, the Americans have a right based on their political views. accept that excuse from a citizen. We to be far more than angry about it. Most stunningly, we know that the are told the hard drive crashed and the Likewise, the very same day the in- lead attorney investigating this matter documents are irretrievable under any spector general report came out, Attor- is a major Democratic donor and a circumstances. We also know the IRS ney General Eric Holder said the IRS major donor to President Obama. In- didn’t follow the law when it failed to

VerDate Mar 15 2010 04:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.048 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4114 CONGRESSIONAL RECORD — SENATE June 26, 2014 report the hard drive crash that we are ical corruption at the IRS, the abuse of ican people. These are not the actions told occurred. But make no mistake, power, or the coverup. A fine does not of a government that respects its citi- these emails haven’t just been lost. signal the problem has been fixed. zens. We need to restore that respect, These emails have been deleted, taped I would note, by the way, where are that government officials work for the over, and the hard drive physically de- the Democratic Members of this body people and not the other way around. stroyed ccording to public news re- standing and saying it is wrong for the The Department of Justice has a sto- ports. This is Rosemary Woods, when IRS to illegally hand over personal in- ried history. There is a history of at- you have Federal Government officials formation from individual taxpayers torneys general standing up to polit- destroying evidence. In the ordinary for partisan purposes to their political ical pressure, even against the Presi- parlance that is called obstruction of opponents? dents who have appointed them. Lis- justice. The hard drive magically col- I want to underscore that the IRS ten, political pressure in this town is lapses, magically crashes, and is phys- has admitted they did this and paid a nothing new and attorneys general ically destroyed right after the inves- $50,000 fine and the Democratic Mem- throughout history have had a special tigation begins and, I would remind bers of this body are apparently not mettle of being willing to look into the you, the investigation that has re- troubled at all. If they are troubled, eyes of the President who appointed sulted in Lois Lerner pleading the they keep their troubles very quiet and them and willing to say: I care more Fifth twice. to themselves. about the rule of law than any partisan We are supposed to believe that the Americans need a guarantee that the allegiance I might have. emails from the IRS officials in charge IRS will never be used again to target When President Richard Nixon faced of the division that illegally targeted an administration’s political enemy. charges of abusing government power political organizations and has repeat- When a Republican President, Rich- for partisan ends, his attorney general edly pleaded the Fifth to avoid incrimi- ard Nixon, attempted to use the IRS to Elliot Richardson, a Republican, ap- nating herself, that her emails have target his political enemies, it was pointed Archibald Cox as special pros- simply vanished innocuously. It hap- wrong. It was an abuse of power, and he ecutor. Likewise, when President Bill pens. It happens to people in the mid- was rightfully condemned on both sides Clinton faced charges of ethical impro- dle of illegal acts. Their records magi- of the aisle. Both Democrats and Re- priety, his attorney general Janet cally disappear right when the inves- publicans stood up to President Nixon Reno, a Democrat, appointed Robert tigators are seeking to discover them. when he attempted to use the IRS to Fiske as independent counsel. Sadly, This is an outrage. This is a scandal. target his political enemies and said: the current attorney general has re- This is an insult to anyone concerned This is wrong. fused to live up to that bipartisan tra- about the rule of law, and no one in the The Obama administration didn’t dition of independence, of integrity, Senate, regardless of political party, just attempt to do so, it succeeded. It and of fidelity to law. should stand by and accept this. carried out a concerted effort and tar- I have repeatedly called on Attorney But it doesn’t end there. geted those who were perceived to be General Eric Holder to remove the in- On Wednesday it was reported that political enemies of the President and vestigation from the hands of a major Lois Lerner flagged a speaking invita- targeted those individual citizens. The Obama donor and put it instead in the tion for Republican Senator CHARLES administration then put two major hands of a special prosecutor with GRASSLEY for examination. Senator Democratic donors in charge of the in- meaningful independence who, at a GRASSLEY is the highest ranking Re- vestigation and covered up the truth, minimum, is not a major Democratic publican on the Senate Judiciary Com- including conveniently losing emails donor. Even the very slightest respect mittee who has been a strong and pow- from the central player in this figure for the rule of law would suggest that erful voice for accountability at the who has twice pleaded the Fifth. the attorney general should not be part Department of Justice. It is curious It was wrong when Richard Nixon and parcel of the political and partisan that she would be so eager to subject tried to use the IRS to target his polit- coverup. Senator GRASSLEY for extra scrutiny ical enemies, and it was wrong when Therefore, in a few moments I intend based on a speaking invitation. the Obama administration tried and to ask for unanimous consent to call Right now, today, the White House is succeeded to do the same. The dif- up a Senate resolution expressing the in control of Democrats. There will ference is when Richard Nixon did so, opinion of the Senate that the Attor- come a time when Democrats no longer Republicans had the courage to stand ney General should appoint a special control the White House and the ad- up to Members of their own party. It prosecutor to investigate and pros- ministration. I would ask every Demo- saddens me that there is not a single ecute—if the facts support—the IRS cratic Member of this body, how com- Democratic Member of this body who targeting of Americans and its poten- fortable are you with the precedent has had the courage to stand up to tial coverup of those actions. that the IRS can single out Democratic their own party and say: This abuse of When I asked the Attorney General Senators who might disagree with the power—using the IRS to target citizens whether the Department of Justice in- President’s political position? The tar- for political beliefs—is wrong. vestigated the direct involvement of geting of CHUCK GRASSLEY, the singling We need a special prosecutor with political appointees at the White out of CHUCK GRASSLEY, ought to trou- meaningful independence to make sure House—up to and including the Presi- ble every single Member of this body. justice is served and that our constitu- dent—Attorney General Holder refused On Tuesday it was reported that the tional rights to free speech, to assem- to answer that question. That is always IRS agreed to pay $50,000 in damages to bly, and to privacy are protected. the hardest thing for an attorney gen- the National Organization for Marriage It saddens me to say that the U.S. eral to do: Ask the question that raises because the IRS admittedly unlawfully Department of Justice, under Attorney partisan peril. That is why attorneys released confidential information of General Eric Holder, has become the general are supposed to be nonpartisan members of that group to its political most partisan Department of Justice in and owe their fidelity to the Constitu- opposition. the history of our country. I say this as tion and the laws of this United States Let me repeat that. IRS officials a former associate deputy attorney and to the American people. have publicly admitted—this is not in- general at the U.S. Department of Jus- The House of Representatives has ference, this is not suggestion, this is tice. I can tell you there are Demo- passed a similar resolution to the one I what they have admitted—that they cratic alumni across this country who am submitting. It was sponsored by leaked personal tax information for the are saddened and heartbroken to see Congressman JIM JORDAN of Ohio on purpose of intimidating a conservative the Department of Justice becoming May 7, 2014. The resolution passed in group to the political opposition of effectively an arm of the Democratic the House 250 to 168. Twenty-six Demo- that group. That is textbook abuse of National Committee. crats voted in favor of the resolution. power. And I would note the $50,000 IRS officials have stonewalled at Why is it that Democrats in the fine—which, by the way, has been paid every turn, and we should not wait a House of Representatives can muster by U.S. taxpayers—the $50,000 fine does single minute to put an end to the in- up the courage to stand up to the par- nothing to address the partisan polit- timidation and bullying of the Amer- tisan pressure from the White House.

VerDate Mar 15 2010 04:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.051 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 26, 2014 CONGRESSIONAL RECORD — SENATE S4115 Yet in the Senate we hear crickets publican Senators would be standing out what is actually going on with re- chirping. This used to be the body up and saying this abuse of power is spect to this matter. praised for its independence and for its wrong. There are already five IRS investiga- ability to stand up to abuse of power. This resolution should be unanimous tions that have either concluded or are Just today the U.S. Supreme Court because everyone should agree that an ongoing. There was the original Treas- unanimously reversed the Obama ad- investigation should be beyond re- ury inspector general audit, in addition ministration for the 12th time in the proach and should not be handed over to ongoing investigations by four con- last 2 years in its assertion of to major Democratic donors. gressional committees, the Senate Fi- overbroad executive authority. This If the allegation—which the report of nance Committee, the House Ways and time it asserted that the President un- the inspector general of Treasury has Means Committee, the House Oversight constitutionally attempted to cir- already confirmed in significant re- and Government Reform Committee, cumvent the checks and balances of spect—is of abuse of government power and the Senate Permanent Sub- the Constitution by unilaterally ap- of the IRS to target citizens for their committee on Investigations. pointing recess appointments while the political beliefs, then you cannot en- The Senate Finance Committee, the Senate was not in recess. trust the investigation to someone who committee I chair, has been conducting The U.S. Supreme Court unani- is partisan and has a political interest a bipartisan investigation for more mously, by a vote of 9 to 0, said the in protecting the party in power. If At- than a year. I repeat: This is a bipar- President’s actions were unconstitu- torney General Eric Holder continues tisan investigation. In fact, the com- tional in that case, and once again, as to refuse to appoint a special pros- mittee’s report was essentially ready with the IRS, my friends on the Demo- ecutor, he should be impeached. to be released last week when the IRS cratic side of the aisle were silent. How When an attorney general refuses to informed us that some emails were is it there is no longer a Robert Byrd, enforce the rule of law, mocks the rule missing because of a hard drive crash. that there is no longer a Ted Kennedy, of law, and corrupts the Department of So that colleagues understand just how that there are no longer any Demo- Justice by conducting a nakedly par- bipartisan our effort has been, Senator crats who will defend the institutional tisan investigation to cover up polit- HATCH and I have worked closely on integrity of the Senate? How is it when ical wrongdoing, that conduct, by any this every step of the way since I had the Supreme Court concludes unani- reasonable measure, constitutes high the honor of becoming the chair of the mously that the President’s intrusion crimes and misdemeanors. Finance Committee. When we heard of on the Senate’s constitutional author- Attorney General Eric Holder has the the hard drive problem, the two of us, ity is unconstitutional not a single opportunity to do the right thing. He a Democrat and a Republican, imme- Senate Democrat has the courage to can appoint a special prosecutor with diately asked the IRS Commissioner to stand up to this President? How is it in meaningful independence who is not a come to my office where we asked the face of a senior IRS official repeat- major Obama donor. Yet every time pointed questions of Commissioner edly pleading the Fifth, how is it in the the Attorney General has been called Koskinen. We didn’t wait 10 days. We face of the IRS admitting it wrongfully on to do this, he has defiantly said no. didn’t wait a week. The two of us, a handed over private personal IRS tax In fact, he said in writing in his discre- Democrat and a Republican, felt it was data to the political opponents of a tion, no. If Attorney General Eric an important part of our committee’s citizens group and paid a $50,000 fine Holder continues to refuse to appoint a bipartisan inquiry, so we had Mr. for it, how is it that not a single Demo- special prosecutor to investigate the Koskinen come to our office. And this cratic Senator does not have the cour- abuse of power by the IRS against the has just been one example—it happens age to speak up? At what point does it American people, he should be im- to be very recent—of the bipartisan ef- become too much? At what point does peached. forts that have been made looking into it become embarrassing? I agree with President Obama when this matter. Constitutional law professor Jona- he said on the day this scandal broke, The Finance Committee staff, Demo- than Turley, whom I might note is a the American people have a right to be crats and Republicans, have reviewed liberal and voted for President Obama angry. If the American people had a over 700,000 pages of documents and in 2008, said that President Obama has right to be angry over a year ago when interviewed 30 IRS employees. Those become the embodiment of the impe- the scandal broke, the fact that it has interviews were done jointly. We had rial President. He described how now been covered up and the fact that Democrats and Republicans doing them Barack Obama has become the Presi- a partisan investigation has refused to together. Now, as we continue to look dent Richard Nixon always wished he begin to scratch the surface of what at how this is going to unfold, the could be. I am sorry to say that he has happened should make the American Treasury Department Inspector Gen- done so with the active aiding and people more than angry. It should eral—that is Mr. Russell George—has abetting of 55 Democratic Members of move them to action. It should move agreed to investigate the most recent this Senate because when Democratic them to accountability. It should move matter, and he briefed our staff just Members of this Senate or any Member them to hold the officials of our gov- yesterday on the work plan for getting of this Senate stands by and allows the ernment responsible. their investigation done promptly. President to trample on the rule of Accordingly, I ask unanimous con- Once the committee determines what law, then any one of us who remains si- sent that the Senate proceed to the happened with the hard drive crashes, lent is explicit in undermining the consideration of S. Res. 487. I further then the committee will, again on a bi- Constitution. ask consent that the resolution be partisan basis, move forward with re- This resolution should be unanimous. agreed to, the preamble be agreed to, leasing our report—the report that was If the tables were turned and this were the motion to reconsider be made and almost ready to be released when the a Republican President and a Repub- laid upon the table, with no inter- IRS informed us that the emails were lican Attorney General had appointed a vening action or debate. missing because of a hard drive crash major Republican donor to lead the in- The PRESIDING OFFICER. Is there and when Senator HATCH and I to- vestigation into the wrongful targeting objection? gether brought Mr. Koskinen imme- of Democrats and destroyed emails and Mr. WYDEN. Madam President, re- diately to my office. hard drives and publicly admitted to serving the right to object. I heard my colleague say that things leaking private citizen information to The PRESIDING OFFICER. The Sen- would be different if this were a Repub- the political opponents of Democrats, ator from Oregon. lican administration. Well, I want it the Democratic side of this Chamber Mr. WYDEN. Madam President, as understood—I want every Senator to would rightly be lighting their hair on the chairman of the Finance Com- understand this. Senator HATCH and I fire. mittee, which oversees the IRS, I have would be doing exactly what we are If this were a Republican administra- a question as to whether bringing in a doing now, with the same diligence, if tion, every media outlet would have special prosecutor would be a good use it was a Republican administration. banner headlines every single day. I of taxpayer money in this case. I am That, in my view, is the bottom line, can assure you that at least some Re- going to spend a few minutes laying because that is what bipartisanship is

VerDate Mar 15 2010 04:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.052 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4116 CONGRESSIONAL RECORD — SENATE June 26, 2014 all about. That is the way an impor- Now, I am pleased that my friend from Or- people are right to be angry about this. tant inquiry ought to be handled. egon and the Finance Committee has en- He was correct. And when elected offi- There is nothing of value that a spe- gaged in an investigation of what occurred. cials, when appointed officials of the cial prosecutor would bring to the We don’t know what that investigation will conclude. But I find it interesting that he Obama administration mock the rule table, and it certainly would involve said it is premature for a special prosecutor. of law, demonstrate contempt for Con- significant cost to American taxpayers. Fourteen months ago was when President gress, and abuse their power against In fact, many of us can remember spe- Obama said: I am angry and the American the individual citizenry, against we the cial prosecutors abusing their power, people have a right to be angry—14 months people, the people have a natural and spending millions of dollars of tax- ago. Fourteen months and not a single per- immediate remedy that is available in payer money, and going on for years son has been indicted. Fourteen months and November every 2 years. This Novem- and years without concluding their in- most of the victims haven’t been inter- ber, I am confident the American peo- viewed. Fourteen months they have publicly vestigations. Too often, special pros- announced they don’t intend to indict any- ple will follow the President’s advice ecutors have turned into lawyers’ full one. Yet, it is premature. If the American and demonstrate that they are angry employment programs. They ought to people had a right to be angry 14 months ago, about the abuse of power and even be reserved for when there is evidence which is what President Obama told us, what angrier about the partisan coverup in of criminal wrongdoing inside the gov- should we feel 14 months later after partisan which all 55 Democratic Senators have ernment. It would be premature to ap- stonewalling and obstruction of justice? The actively aided and abetted. point a special prosecutor with the bi- American people had a right to be angry. If Attorney General Eric Holder is partisan Finance Committee report al- I would note a Senate committee is unwilling to appoint a special pros- most finished. conducting an investigation and will ecutor, if he insists on keeping this I will just close by saying I am a issue a report, but the Senate com- prosecution in the control of a major pretty bipartisan fellow. In fact, some- mittee can’t indict anyone. The Senate Obama donor, then Attorney General times I get a fair amount of criticism committee can’t prosecute anyone. My Eric Holder should be impeached, be- for being too bipartisan. I want it un- friend from Oregon says it is premature cause the rule of law matters more derstood this is a bipartisan inquiry to have a special prosecutor because, than any partisan political problem. that is being done by the book. Senator apparently, holding people who break Thank you, Madam President. HATCH and I are looking at these mat- the laws, who commit criminal conduct The PRESIDING OFFICER. The Sen- ters together. We talk about it fre- to abuse IRS power to target individual ator from Florida. quently. Those witnesses were inter- citizens based on their political views— Mr. RUBIO. Madam President, I ask viewed together. We brought Mr. apparently, holding them account- unanimous consent to speak as in Koskinen in immediately. My view is able—is not a priority for a single morning business. that it would be premature to appoint Democratic member of this Chamber. The PRESIDING OFFICER. Without a special prosecutor with the bipar- That saddens me. objection, it is so ordered. tisan Finance Committee report al- It saddens me that we don’t have 100 Mr. RUBIO. Madam President, first most finished. Senators in this room saying, regard- of all, let me thank the Senator from If we look at this in terms of what is less of what party we are in, it is an Texas for raising this issue of the IRS. at issue now, we can bring the facts to embarrassment to have this ‘‘inves- I have commented over the last few light with our own investigators and tigation’’—and I put that word in days that if this was, in fact, a Repub- our own bipartisan inquiry and avoid quotes, because a real investigation in- lican administration that had been en- the special prosecutor disasters of the volves interviewing the victims; a real gaged in this issue, this would have led past. investigation involves following the every newscast in America. It would I object to the Senator’s request. evidence where it leads. I would note have been leading every newscast in The PRESIDING OFFICER. Objec- my friend from Oregon, in describing America for the last week. It would tion is heard. the Senate committee’s investigation, have been compared to Watergate. In- The Senator from Texas. mentioned that they interviewed some stead, what we have seen is the Amer- Mr. CRUZ. Madam President, I thank IRS employees, but notably absent ican news media, by and large, has my friend from Oregon for his impas- from whom he said they interviewed largely ignored it. sioned comments. I would note for the was anyone at the White House, any- One of the commentators last night RECORD a few things he did not say. My one political. Apparently, they were on television added up all the minutes friend from Oregon chose not to say a not interviewed. We don’t know. But he they dedicated to a soccer player who word about the fact that Lois Lerner, a didn’t mention them if they were. bit some other competitor compared to senior IRS official, has twice pleaded It is an embarrassment that this so- the amount of time they have dedi- the Fifth in front of the House of Rep- called investigation is led by a partisan cated to the fact that one of the most resentatives. To that he had not a sin- Democratic donor who has given over powerful agencies of the U.S. Govern- gle response. $6,000 to President Obama and Demo- ment not just destroyed records, poten- My friend from Oregon chose to say crats. It is an embarrassment that the tially—but even now we have been not a word to the fact that the IRS sin- IRS obstruction of justice is led by a given news they tried to target a U.S. gled out Senator CHUCK GRASSLEY for major Democratic donor who has given Senator for an internal audit—and the special scrutiny. To that, he said not a nearly $100,000. Every one of us takes soccer player won. He got a lot more word. an oath to the Constitution. Every one attention. There was a lot more news My friend from Oregon chose to say of us owes fidelity to rule of law. When coverage paid to the guy who bit some- not a word to the fact that the IRS has we have the Department of Justice be- body than to the issue of the IRS. now admitted to illegally handing over having like an arm of the DNC, pro- So I thank the Senator from Texas private personal information from a tecting the political interests of the for raising it here today before we head citizen group to its political opponents White House instead of upholding the to our respective States for the Fourth for partisan political purposes, and has law, it undermines the liberty of every of July because it is an issue that de- paid a $50,000 fine. That is not an alle- American. I am saddened that Demo- serves our attention. gation. That is not a theory. That is cratic Members of this Chamber will f what the IRS has admitted to and paid not stand up and say: I have a higher a $50,000 fine for with taxpayer funds. obligation to the Constitution and the WORLD CUP SOCCER Yet I am sorry to say my friend from rule of law and the American people Mr. RUBIO. There is another issue Oregon had not a word to say about than I have to my Democratic Party. that deserves our attention. By the that abuse of power. That is a sad state of affairs, but it is way, on the subject of soccer, since I I mentioned before that from the also a state of affairs that is outraging am on it, I will confess I am not an ex- Democratic Members of this Chamber, the American people, that is waking up pert on soccer, nor have I, frankly, his- when it comes to the abuse of power by the American people. torically been an enormous fan. To me the Obama administration, there are President Obama had it right when football means you wear a helmet and crickets chirping. he said 14 months ago the American some shoulder pads and you run into

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The reason why we Despite losing today’s game, they have tion of the Venezuelan Government by do it that way is so we can save time so achieved the honor of advancing into organisms of the Venezuelan Govern- we have the time available to debate the round of 16 in the World Cup as we ment and extragovernmental organiza- these other issues that are before us— all watched and are excited about those tions as well. especially on an issue that is not con- prospects and are encouraged about the So in light of what is happening in troversial. We pass a lot of law around future of U.S. soccer and our prospects Venezuela, and in light of the fact that here that way. in the world cup. so many people who live in Florida are Unfortunately, there have been some So congratulations to them, to their impacted deeply by what is happening objections—one from each side. I am families and to all fans of U.S. soccer in Venezuela—because they are origi- happy to report that one of those two all over the world and here in Wash- nally from there, because they have objections has been removed. It came ington cheering them on. If there is family there or because they conduct from the Democratic side. The major- one thing that brought us together business there or because they care ity removed their objection. So it ap- here this week, it is that, and we are about what happens in our hemi- pears this bill is ready to move for- grateful for it. sphere—because of all of these things, ward, but for the objection of one col- f not only have I been talking about this league of ours, who has the right to ob- issue on the Senate floor but we began ject, and who, quite frankly, has objec- VENEZUELA to take action. tions to it that he believes strongly Mr. RUBIO. Madam President, there The first thing we did was we passed about and we are respectful of. is a topic I would like to discuss before a resolution from this Senate—and I What I am asking for at this point we leave for the Fourth of July recess thank my colleagues; it passed unani- is—given that objection—when we and return to our States. One is an mously—condemning these human come back from the recess, I am hoping enormous story in my home State and, rights violations. I know sometimes we that one way or another we will get a in particular, in my hometown of sit around here and wonder: What is chance to vote. This is an issue that Miami, and that is the ongoing crisis in the point of these resolutions? virtually every Member of the Senate Venezuela. I have been talking about it They matter. I cannot tell you how but for one or two—at this point it ap- for the better part of 3 months with re- many people are aware of what we have pears one—is supportive of. I hope we gard to what is occurring there. It is done here in the Senate, just speaking can pass it because it is important. It pretty straightforward. There is an au- out and condemning these violations will matter. This is not sanctions, for thoritarian government in Venezuela and making it very clear whose side we example, like the ones we have seen in that has cracked down on the people in are on. We are on the side of the demo- the past on other countries. These are Venezuela, has crushed any sort of po- cratic aspirations and the rights of the extremely targeted. These are targeted litical dissent or tried to crush any people of Venezuela. against individuals in the Venezuelan form of political dissent. If a person is The second thing we did is we worked Government who have directed or car- an outspoken critic of the Venezuelan through the process here because un- ried out gross human rights violations. government, they either wind up in jail like the way Maduro runs his govern- They will be impactful because many or in exile. ment in Venezuela, here we have a re- of these people in the Venezuelan Gov- In fact, the President of Venezuela, public and this Senate is an important ernment who are conducting these someone who won a fraudulent election part of that republic. We filed a bill to human rights violations actually spend just a year and a half ago, has now sanction individuals—not the govern- their weekends in the United States. begun to turn on people in his own ment, not the country—individuals in They fly on the private jets they party when they dare to criticize him. the Venezuelan Government respon- bought with stolen money to the But the evidence is clear. First of all, sible for these human rights violations. United States to stay in their fancy the Venezuelan economy today is a dis- In fact, in the committee I named 25 of condominiums or their mansions. They aster. The state of the Venezuela econ- them. That piece of legislation—that shop at our stores. They parade up our omy today is increasingly reminiscent law—sanctioning the leaders in Ven- streets. And then Monday morning of what is happening in Cuba: short- ezuela passed the committee almost they go back to work full time vio- ages of basic items, the inability to unanimously with bipartisan support. lating human rights. buy a bar of soap or toilet paper or Let me take a moment to thank Sen- So these sanctions will matter. These toothpaste. The shortages are extraor- ator MENENDEZ, the chairman of that human rights violators in Venezuela dinary. committee, for his leadership on this have investments in the United States. We are talking about one of the rich- issue and my colleague from Florida In fact, when they steal money from est countries in the hemisphere—a na- BILL NELSON for his leadership on this Venezuela, often times they use straw tion blessed with a talented and edu- issue, even though he is not on the companies and straw purchasers to in- cated population and with natural re- committee. When we held a hearing on vest that money in our economy—pre- sources, and particularly oil—and this the issue of Venezuela, he went to the dominantly in Florida, but also in guy in charge of that country has ru- hearing and he attended an event we other places. ined Venezuela and its economy. That did in Miami with the Venezuelan com- There is no reason in the world why in and of itself is worthy of condemna- munity to talk about this reality. they should not be sanctioned for what tion. That bill passed out of our com- they have done. There is no reason in But what is even more apparent is mittee. In addition to passing out of the world why we should not be going how he has cracked down on political this committee, a very similar bill after these individuals for what they dissent in Venezuela. We have docu- passed out of the House under the lead- have done. mented how over 40 people have now ership of Congresswoman ROS- One of the cornerstones of our for- lost their lives in protests on Ven- LEHTINEN. Both the Senate and the eign policy must always be the protec- ezuela—by the way, protests that House—and they passed it off the floor tion of human rights anywhere in the began when a student was sexually as- of the House. world where they are challenged or op- saulted at a university. They protested So the Venezuelan sanctions bill is pressed. This gives us an opportunity the lack of security, and the security ready for action here on the floor of to speak in a clear voice in a part of forces of Venezuela responded—not by the Senate. Knowing that it was a non- the world that, quite frankly, both par- going after the assailants but by going controversial issue, that there is al- ties have been guilty of neglecting. I after the student protesters. Since most unanimous support for it, I have have spent plenty of time around here then, opposition leaders have been attempted to pass this bill by some- talking about what is going on in Syria jailed, Members of the opposition in thing we call unanimous consent, and what is going on in Iraq, and that

VerDate Mar 15 2010 04:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.055 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4118 CONGRESSIONAL RECORD — SENATE June 26, 2014 is a very dangerous issue that is occur- get everyone’s support. But if we can- The buffer zone law worked. Massa- ring there. The counterterrorism risks not do it that way, I hope we can chusetts women could exercise their that are posed by ISIL in Iraq and schedule a vote on the Senate floor on fundamental right to health care with- Syria are dramatic and deserve a lot of this bill so we can go after and sanc- out running a gauntlet of abuse. Ac- attention. We have spent time on the tion those criminals in Venezuela who cording to a survey of reproductive floor talking about what has happened are stealing the money of the Ven- health care centers across the country, in Ukraine and Russia’s illegal actions ezuelan people and using the strength a majority of facilities with buffer with regard to Crimea, and they de- and the power of that government to zones experienced a decrease in crimi- serve attention. We have spent some attack their own people. I hope that nal activity after the buffer zone was time even talking about the Chinese will be a priority for us when we re- instituted. ambitions in the Asian-Pacific region turn. It deserves that attention. Today the Supreme Court of the and their illegitimate territorial I appreciate the opportunity to ad- United States took away those buffer claims. dress this issue today, and I wish for zones of safety when it struck down the The only thing I am saying is that all my colleagues the next 10 days will Massachusetts buffer zone law, effec- what happens in the Western Hemi- be fruitful in your return to your home tively undoing the historic progress we sphere matters too—that human rights States, and I look forward to working have made in ensuring that women are violations in Venezuela are just as im- with you on these issues when we re- protected when accessing reproductive portant as human rights violations in turn. health care and exercising their con- Africa or Europe or Asia or any other With that, I yield the floor. stitutional rights. part of the world. Sometimes I feel as The PRESIDING OFFICER (Ms. WAR- Today’s Supreme Court ruling puts if they do not get the attention they REN). The Senator from Massachusetts. women at risk simply for exercising deserve around here. f their constitutional rights. Shannon’s This is our opportunity to show that MASSACHUSETTS BUFFER ZONE brother Liam visited me on the day this hemisphere is important and that Mr. MARKEY. Madam President, that this case was argued before the what happens in our hemisphere mat- since 1973, when the Supreme Court de- Supreme Court. Their family is rep- ters. I want you to know that the peo- cided that a woman’s right to choose resentative of what has happened ple of Venezuela—particularly those was constitutionally protected, wom- across this country in terms of the students and those who desire a demo- en’s health clinics across the country endangerment of women when they cratic and respectful future—they are have been targeted by violence and seek to exercise their constitutional watching. Every single time we do other criminal activities by extrem- rights. something on Venezuela here, we hear ists. So today is a sad day. It is not just a it in phone calls, on Twitter, on The crimes are alarming: harass- sad day for America but in particular Facebook, in visits to our office and in ment, arson, acid attacks, obstruction, for Shannon’s family because they put emails and in letters. They are watch- violent threats, and even murder. a lot on the line to ensure that this ing, they are listening, and they are Women’s safety has been repeatedly case was brought before the Supreme aware. put at risk simply for exercising a con- Court of the United States. What I want people in the world to stitutional right. The Court’s decision makes it more know and people in the hemisphere to In the past 10 years, there have been difficult for States to guarantee wom- know is that America does not simply approximately 75,000 incidents of vio- en’s reproductive rights and more like- care about stability; we also care about lence against abortion providers in the ly that acts of violence and intimida- democracy and freedom and about United States. That is unacceptable. tion against women seeking reproduc- human rights. This is our opportunity We should always remember that each tive health care will occur. to put action where our words are. of these victims of violence has a With reproductive rights under at- So I sincerely hope that when we re- name, a family, and a story. tack across the country like never be- turn here in about 8 or 9 days we can In 1994, a gunman killed two people fore, it is imperative that we ensure find a way forward to get a vote on and wounded five others at two clinics the basic safety of all women and staff this. If we are unable to do this in Massachusetts. One of these victims at Planned Parenthood and other through the unanimous consent proc- was 25-year-old Shannon Lowney, a health facilities. ess, which they call a hotline, my in- daughter of public schoolteachers, a be- We should be expanding access to tentions are to come to this floor and loved sister, and a volunteer who safe reproductive health care for offer it as what they call a live unani- worked domestically and internation- women, not restricting it. That is un- mous consent, where I will stand here ally with poor families and children. fortunately what today is going to rep- and do what the Senator from Texas Shannon worked as a receptionist resent in the history of health care for just did—or tried to do—with regard to and Spanish translator at Planned Par- women in our country. the IRS issue. enthood in Brookline, MA. She worked The Presiding Officer is a national I intend to come to this floor and there not for the pay but because she leader on these issues, fighting for the propose this bill and ask for unanimous fundamentally believed women had a rights of women. I stand with her and consent. If someone objects, then we right to affordable health care. She with the other Members of the Senate will have a debate about that objec- wanted to do her part to ensure that but, more importantly, also with ordi- tion. Should that fail, then I hope we patients at a vulnerable and stressful nary families across this country and can have a vote scheduled. I promise it time in life were greeted with a smile. Planned Parenthood and all the women will not take any more than 15 min- Five days after Christmas in 1994 she in Massachusetts and this country who utes—or 10 if you want to limit the was fatally shot in the neck at a believe every woman seeking reproduc- vote to 10 minutes. But let’s get this Planned Parenthood clinic by an ex- tive health care should be safe and pro- done. tremist protester. tected. This is important. We have worked Shannon’s story is just one of the I am proud that all Massachusetts this the appropriate way. Often times, many tragedies caused by violence law enforcement officials will continue people come to the floor in the Senate against women exercising their rights. to use every legal tool available to en- and they pull a bill out of their pocket In 2007, after the laws on the books sure the safety and privacy of women and say: Let’s file it for messaging pur- proved inadequate, Massachusetts en- and clinic staff. Today is a historic poses. This is real. This is impactful. sured that there would be fair and bal- day. Unfortunately, it is one of which The House has already passed a version anced laws that created a buffer zone of our country should not be proud. of this. Doesn’t this issue at least de- 35 feet around the entry of reproduc- I yield the floor, and I suggest the ab- serve 10 minutes of the Senate’s time? tive health care facilities. sence of a quorum. So we are going to try to get this This law was intended to protect peo- The PRESIDING OFFICER. The done one more time through unani- ple such as Shannon and the thousands clerk will call the roll. mous approval. And we are going to of women and staff who visit and work The assistant legislative clerk pro- work over the next 10 days to hopefully at clinics. ceeded to call the roll.

VerDate Mar 15 2010 04:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.056 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 26, 2014 CONGRESSIONAL RECORD — SENATE S4119 Mr. GRAHAM. Madam President, I that is operating out in the open in representing the truth and that this ask unanimous consent that the order Syria and Iraq, that represents a direct was just a few dead-enders, we knew for the quorum call be rescinded. threat to our homeland? better. We spoke up. The PRESIDING OFFICER. Without Mr. President, now is the time for Abu Ghraib was a direct result of objection, it is so ordered. you to come up with a plan to deal being overwhelmed by circumstances f with the safe havens. That issue is sep- on the ground. We thought that once arate and apart from dealing with the the Iraqi Army disbanded and Saddam TERRORIST THREATS political complications and the melt- Hussein was displaced, we would be Mr. GRAHAM. Madam President, down in Iraq. You have said and the Di- able to handle Iraq with a few thousand Senator MCCAIN and I have decided to rector of National Security Mr. Clapper troops. The Bush administration was come down before the Fourth of July has said that Syria is an apocalyptic wrong in that calculation. Senator break to talk about two issues that are state; it is in a very bad way; that the MCCAIN spoke up, and the surge did very important to our national secu- jihadists in Syria represent a direct work. rity. threat to our homeland. To President Bush’s undying credit: The first issue I would like to discuss The same jihadists in Syria have You corrected the mistakes that hap- is the threat we face as a nation from moved now into Iraq. Three years ago pened on your watch. You kept an open terrorist safe havens in Syria and now when Senator MCCAIN was urging air- mind. You changed strategy because Iraq. strikes and that a safe zone be estab- the strategy you originally pursued The President has indicated in recent lished, there were fewer than 1,000 for- had failed. days that it is unacceptable to allow eign fighters in Syria. Today we think President Obama, your strategy has terrorist organizations such as ISIS to there are up to 26,000 ISIS types in failed. The idea of abandoning Iraq, dis- have safe havens from which to launch Syria. Now they are moving to Iraq at engaging politically and militarily, has attacks against our country. lightning speed, taking town after come home to haunt us as a nation. Mr. President, we agree. What are town, amassing resources in terms of Senator MCCAIN and I said back in you doing about it? I understand Iraq is military hardware and money that will 2011: If we do not leave a residual force complicated. I understand you would make them not just a terrorist organi- behind as an insurance policy for our need a new government in Iraq that zation but a terrorist army. own national security interests, we Sunnis could buy into to probably turn Mr. President, there is a terrorist will regret it. Iraq around. That is a problem, but army on the march in Iraq and Syria. Madam President, 10,000 to 15,000 sol- that is a separate problem from safe They have indicated they want to hit diers, well placed, would have given the havens that can be used to launch at- our Nation. They want to strike us in capacity to the Iraqi Army to allow tacks against the United States. Please the region, throughout the world, and them to be more effective, and what we do not turn over to the Iraqi politi- here at home. You seem to have no see on the ground today would have cians the timeline as to whether we plan. We want to help you. We under- never happened. I am convinced that will act to protect ourselves. stand this is complicated, but you, as ISIS would never be in Iraq the way This is the FBI Director: ‘‘My con- Commander in Chief above all others, they are today if there had been an cern is that people can go to Syria, de- have a duty to come up with a solution American military component—10,000 velop new relationships, learn new to this problem. You have defined the to 15,000—providing capacity and exper- techniques and become far more dan- problem well, but you have done noth- tise to an Iraqi army that is literally gerous, and then flow back.’’ ing to solve the problem. We stand falling apart. Americans are now in Syria. Some ready to help you solve that problem. I am convinced today that if we had 7,500 foreign fighters from 50 countries Now, as we try to figure out where to continued to push the Iraqi political have gone to Syria. They are now in go in Iraq and what is the right strat- system to reconcile, we would not be Iraq. The Islamic State in Iraq and egy, the one thing that is important to where we are today. Dave Petraeus and Syria was kicked out by Al Qaeda. me is not to rewrite history. I do not Ryan Crocker—one general and one These are the most extreme people on want to dwell on the past, but I am not diplomat—spent hours every day of the the planet. They have now gone into going to sit on the sidelines and let week practically pushing the Sunnis, Iraq and taken large territories and up this administration—which, as Senator the Shias, and the Kurds to solve their to $500 million in resources. They had a Obama, Senator Clinton, and Senator problems with the political process. It $30 million-a-year budget. They have Kerry, was all over the Bush adminis- was working. more money than they ever dreamed tration for the mistakes they made. In 2010 we made a fateful mistake. We of. Their desire to hit the homeland is That is the way the political process allowed Syria to go bad. Syria became growing. Last week the leader of this works. the supply center for Al Qaeda in Iraq, group said: We will be coming to Amer- When the Iraq war was going poorly which was on its back. In 2010 the surge ica next. on President Bush’s watch, Senator had worked. Al Qaeda in Iraq, which Mr. President, do not use the polit- MCCAIN called for the Republican-ap- was the predecessor to ISIS, was com- ical problems in Baghdad as an excuse pointed Secretary of Defense to resign. pletely devastated. They are back in not to act when it comes to denying I would argue that Senator MCCAIN the game for three reasons: Syria be- safe havens to terrorists who have es- above all others has been consistent came a failed state. We had a chance to poused attacking our country. Where is when it comes to Iraq. It does not mat- stop that and did not. They were being your plan to dislodge these people in ter who is making the mistake; if he resupplied from Syria with equipment Syria and Iraq? Where is your plan to believes one is being made, he will and fighters. We decided to disengage deal with the safe haven issue? Where speak up. from Iraq politically. We had a hands- is your plan to hit a terrorist organiza- The line that there were just a few off approach to the political problems tion that is desirous of hitting us? dead-enders in Iraq was not true. The in Baghdad. We withdrew our troops all Mr. President, you cannot have it reason we knew it was not true is that from 2010 to 2011. Those three things both ways. You cannot alert us as a na- Senator MCCAIN and I went to Iraq nu- became a perfect storm to lead us to tion that we are threatened by a safe merous times. The first time we went, where we are today. haven in Iraq and Syria and do nothing we were in an SUV with a three-car We do want to look forward because about it. I understand the political convoy. We went down to Baghdad, had looking backward does not solve the complexities that exist in Iraq, but I dinner, and went shopping. Every time problem. But here is what we will not also understand the need to deal with thereafter, the security was tighter, accept. We will not accept a rewriting the safe haven issue. What do you envi- our ability to leave the base was re- of history. When this administration sion as a solution to the safe haven stricted, and the people on the ground says the reason we have no troops in problem in Syria and Iraq? When are who were fighting the war were telling Iraq today is because of the Iraqis, that we going to act? Is there no military us: This thing is not going well. Every is an absolutely false statement. component available to the United time we would hear from the Bush ad- In May of 2011 Senator MCCAIN and I, States to hit a terrorist organization ministration that the media was mis- at the request of Secretary Clinton,

VerDate Mar 15 2010 04:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.061 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4120 CONGRESSIONAL RECORD — SENATE June 26, 2014 went to Iraq to talk about a follow-on during, and after, but I am here to tell are going to move on, and we are not agreement, a strategic partnership you, without any doubt in my mind, going to be bogged down. agreement that had in its making a the reason we don’t have troops in Iraq Now the place is going to hell. It is a military component that would give after 2011 is because the Obama admin- direct threat to the United States, and legal protections to our troops who istration wanted to get to zero. They they are trying to rewrite history—and were left behind. wanted to honor our campaign promise I think it was October. I remember this as if it were yester- to get us out of Iraq. Mr. MCCAIN. The President of the day. We were in a meeting with Prime They did so, and now they are trying United States, in the last couple of Minister Malaki. We were talking to blame the Iraqis. They are trying to days—please correct me—it was the about leaving troops behind and wheth- rewrite history. I can understand why first time he said it was Iraqis who did er the Iraqis would give us the legal they don’t want to own what happened not want to leave a force behind. protections we needed because I told in Iraq. I can’t understand why we Mr. GRAHAM. The Iraqis did not Prime Minister Malaki: No American would let them get away with it, and I want to leave a force behind. politician is going to allow soldiers to am not going to let them get away Mr. MCCAIN. Yes; he was saying they be left behind in a foreign country with it. did not. without legal protection. Going forward, we have a mess on our Madam President, I ask unanimous If a person was charged with a crime hands, and I want to help the President consent to have printed in the RECORD in Iraq, given the inventory in their where I can. the following quotes, including October legal system, I did not feel comfortable But, Mr. President, you were very 2012. allowing that soldier to go into the good at questioning the policies of the I quote the President of the United Iraqi legal system. We would deal with Bush administration, and you held States: disciplinary problems. nothing back. I am here to tell you I What I would not have done is left 10,000 He turned to me and said: How many know what you are saying about Iraq is troops in Iraq [as Candidate Romney pro- soldiers are you talking about? not true. posed], that would tie us down. That cer- tainly would not help us in the Middle East. I turned to Ambassador Jeffrey, the On October 21, during a conference U.S. Ambassador, General Austin, the call with staff, Denis McDonough and Jay Carney said on October 1, 2012: commander, and said: What is the an- Tony Blinken—former National Secu- When President Obama took office, the Iraq War had been going on for years and he swer? rity Adviser to BIDEN and now National They replied to me: We are still had campaigned with a promise to end that Security Council—briefing staff mem- war, and he has done that. working on that. bers about the problems with legal im- One of my favorites is December 2011: The Prime Minister of Iraq laughed. munity was asked a question by Sen- In the coming days the last American sol- This was in May of 2011. We could not ator MCCAIN’s staff person: If you could tell the Prime Minister of Iraq how diers will cross the border out of Iraq. . . . get a legal agreement that we felt was with honor and with their heads held high. many troops we were talking about. solid, would you leave any troops be- We went to the Kurdish portion of After nearly nine years, our war in Iraq ends hind, and they said no. this month. Iraq and talked to President Barzani. So we are going to write them a let- He would have accepted any amount of Anyway, the list goes on. In fact, the ter. There are several of our staff who President campaigned for reelection in troops we wanted to leave behind. He were on that phone call and we are was openly embracing the follow-on 2012 on the premise that he had gotten going to ask Mr. McDonough and Mr. us out of Iraq. force. Blinken: Did you say that, and they We met with Mr. Allawi, one of the The Senator from South Carolina and can say whatever they want to, but I I predicted this would happen if we leaders of the Iraqiya Sunni bloc, who have people I know and I trust who was very open minded to a follow-on didn’t leave a residual force behind. I were on that phone call and they know say to my colleagues again, if we re- force. what was said. The day after we left Iraq, Prime peat this same total pullout of Afghan- With that, I will turn it over to Sen- Minister Malaki issued a statement istan, we are going to see this same ator MCCAIN. saying that if the other parties would movie in Afghanistan. Mr. MCCAIN. I would ask my col- agree, he would agree to a follow-on So I plead with the President of the league one question before we go on; United States, please revisit your deci- force. that is, in addition to this over- On November 15, 2011, we had a hear- sion that every American troop be whelming information in which the ing with General Dempsey and Sec- pulled out. Senator and I were deeply involved retary Panetta in the Armed Services The Afghans do not have the capa- that proves conclusively that the Committee. We asked the following bility, whether air assets, intel or President of the United States did not question: Was it the Iraqis who re- other capabilities, to defend them- want to leave a single troop member jected a follow-on force, originally en- selves against an enemy that has a behind in Iraq and succeeded in doing visioned to be 18,000 or 19,000? sanctuary in Pakistan. The bottom-line number from the so, did the Senator from South Caro- I plead with the President of the Pentagon was 10,000. lina ever hear the President of the United States, do not make the same I asked the question. Was it the United States, either before the deci- mistake in Afghanistan. Iraqis who said: No, we do not want sion was made, during or after—did the I point out again, at the end of the 18,000. That is too many. Senator ever hear any record of him surge we had won the conflict in Iraq. The numbers kept going down to fi- saying he wanted to leave a residual The conflict was won, and instead obvi- nally 3,000. force behind? ously we blew it. Senator MCCAIN asked the question. Mr. GRAHAM. Quite the opposite. If I would like to talk for a few minutes The answer was: The reduction in we go back and look at the tape around with my colleague from South Carolina numbers that we will be willing to offer this debate, the President basically because we need to understand what is to the Iraqis did not come from a rejec- said: We left Iraq and we are not going happening in Iraq. In the last 3 to 4 tion by Iraq but by a reduction of the to be bogged down by Iraq. weeks, this whole part of Iraq has been numbers by the White House. There was no regret that I am so taken over by the forces of ISIS. In other words, the cascading effect sorry we couldn’t convince the Iraqis The second largest city in all of Iraq, of the numbers from 18,000 to 3,000 was to leave a residual force behind because Mosul, has been taken over, which trig- not because Iraq said no; it was be- that would have been the best outcome gered 500,000 refugees—500,000 refugees cause the White House kept changing for Iraq and the United States, and I left Mosul. the numbers to the point that the force regret that we could not get there and Tal Afar—a major city, Kirkuk, envisioned would be ineffective and they will regret their decision. where the Kurdish forces came in and fail. None of that happened. It was all took over Kirkuk and made it now part Those are the facts. about the last combat soldier is out. of the Kurdish part of Iraq. Senator MCCAIN will address the We are done with Iraq. We have given What is most concerning, I say to my statements by the President before, them all the help we can give them. We colleagues—and I know the Senator

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I don’t believe they can take Bagh- to allow these folks to have a safe significant problems on the Syrian side dad with a frontal assault. I do believe haven in Syria and now in Iraq, what of its border. This can be a terribly de- it is possible that they could cause as- are you doing about it? You have polit- stabilizing factor to our—probably out- sassinations, bombings, breakdowns in ical problems in Iraq, I have got that, side of Israel—strongest and best ally electricity, and breakdown in law and but why does that prevent us from at- in the entire Middle East. order. In other words, this place where tacking these people in Syria where Ramadi, Fallujah, every Iraq veteran we sacrificed roughly 4,450 American their leadership resides and where their will remember Ramadi and Fallujah. lives is now in the hands of the largest supply depots are? There has to come a Every Iraq veteran will remember the terrorist organization in history. time when this country is going to second battle of Fallujah where we lost I say to the President of the United commit to defending itself. 96 brave soldiers and marines and over States: We can’t wait. If the next 2 My goal is to keep the war over there 600 wounded. Now the black flags of Al weeks that the administration says so it doesn’t come back here. Qaeda fly over Ramadi and Fallujah. they are going to use to assess this sit- Senator MCCAIN, 3 years ago now al- The border to Syria no longer exists, uation is wasted in assessment, I don’t most, urged us to act in a way that my friends. know what is going to happen in Iraq. would have allowed the moderate If we look at Syria, all the way to I don’t know what is going to happen forces of the opposition to be empow- Aleppo, all the way around, a part of to Jordan. I don’t know what is going ered and to avoid where we are today. the Middle East that is larger than the to happen as far as the continued in- We chose not to act, at our own peril. State of Indiana is now overtaken by creasing influence of the Iranians. So I make this crystal clear, this the richest and most powerful terrorist Published reports today indicate area Senator MCCAIN has described in organization in history; that is, ISIS. there are Iranian forces, Iranian assist- Iraq represents a terrorist safe haven We cannot address Iraq, if we do, ance all through Iran. in the hands of people who want to at- without addressing Syria, as well as An article from the New York Times, tack us here at home. the movement of men and equipment ‘‘Iran Secretly Sending Drones and I am not making that up. The Direc- back and forth. By the way, the Sunni Supplies into Iraq, U.S. Officials Say,’’ tor of National Intelligence, the FBI don’t like these people. They are the states: Director, and Jeh Johnson, the head of most radical form of Islam. They don’t Gen. Qassim Suleimani, the head of Iran’s Homeland Security, have all said Syria paramilitary Quds Force, has visited Iraq at like them, but they prefer them to the represents a threat to the homeland. government—the Shiite-run govern- least twice to help Iraqi military advisers plot strategy. And Iran has deployed about a Well, if a Syrian enclave and safe ment by Maliki—which has been sys- haven represents a threat to the home- tematically discriminating against dozen other Quds Force officers to advise Iraqi commanders, and help mobilize more land, an Iraqi enclave bigger and richer them. than 2,000 Shiite militiamen from southern surely represents a threat to the home- So what do we need to do? As the Iraq, American officials said. land, and the President admitted as Senator from South Carolina said, Iranian transport planes have also been much. So I don’t want to hear any what we want is Maliki to be in a tran- making two daily flights of military equip- more discussions about we have to wait sition government that transitions him ment and supplies to Baghdad—70 tons per until Iraq gets its house in order until out of power, but we cannot wait until flight—for Iraqi security forces. we protect American national security that happens. While the United States is assessing, By the way, they have also taken a Iranians are exercising more and more interests. As to Jordan, now is the time in a bi- place just north of Baghdad where the influence. partisan fashion for the Congress to largest oil refinery is, Baiji, that pro- I have also been told—and I cannot speak with one voice and tell the world vides energy to the 7 million people in verify it—that the Russians are now of- and everyone in the region that we will Baghdad, and they have also come to a fering to provide assistance to Maliki. defend Jordan. The King of Jordan is place called Haditha, where a dam is There has to be a transition govern- the last moderate voice in the Middle that holds a water supply. If they get ment. There has to be a transition of East surrounding Israel. The King of hold of both of those places, they basi- Maliki out of government, but to wait Jordan has been the most faithful ally cally have a stranglehold on Baghdad until that happens, it may be too late. to America. The King of Jordan has itself. I would ask my colleague from South This is serious. Carolina, are you concerned about the been effectively engaged with Israel. So what has the President of the Iranian influence and what do you be- The King of Jordan represents the best United States and the administration lieve is the situation that could evolve hope in the Middle East. decided to do? Send 90, 200 or 250 people on the Jordanian border? If we allow a terrorist army—not an over to Iraq and with the stated pur- Mr. GRAHAM. If you listen to the organization, now, an army of com- pose of ‘‘assessing the situation.’’ people who are launching these at- mitted jihadists—to invade that coun- Those of my friends and colleagues tacks, they say they are going to Jor- try and put the King at risk, that will who have been to Iraq know it is a flat dan. What are they trying to accom- be one of the great tragedies in modern desert area, including very hot now. plish? Bizarre as it may sound to the history. I think it is now time to let These people, these ISIS forces, are average American, they have a very the terrorist army know: You are not moving in convoys of 100, 200, 300 vehi- specific plan and it sort of goes like going into Jordan, and say it in such a cles. this: They want to purify their reli- fashion as to not give Iraq away. But if They can be taken out by air power. gion. They are Sunnis. They have a we don’t reinforce Jordan quickly, it Right now the President of the United version of Islam, Sunni Islam that is would be a mistake. States has refused to do that, but they beyond horrific, that is a woman’s I have high confidence in the Jor- can be taken out by air power. worst nightmare. danian military, but let me say this: It Air power does not determine con- If you want to find a world of women, is in our interests for the King to sur- flicts, but air power has a profound go to Syria, Iraq, and eventually Af- vive; it is in our interests for Jordan to psychological effect on your adversary. ghanistan, I am afraid. You would not flourish; it is in our interests for ISIS We have drones, and we have the air believe what these people are capable to be stopped in their tracks in Iraq; it capability to take out a lot of these of doing, what they will do to a person is in our interests for them to be wiped forces. who smokes. They will chop your fin- off the face of the Earth to the extent Remember, they are probably at a ger off. I mean, they will kill children possible; it is in our interests to go on maximum of about 10,000, and as the in front of their parents. the offensive before it is too late.

VerDate Mar 15 2010 04:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.064 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4122 CONGRESSIONAL RECORD — SENATE June 26, 2014 One thing I can say I have learned larly at the most holy Shiite shrines of States to react as the strongest and from 9/11 is thinking and believing if Samarra and Karbala. Those two are most powerful Nation in the world. we ignore them they will ignore us is a the holiest shrines of the Shia. If ISIS Madam President, I ask unanimous very bad mistake. On September 10, comes into those holy sites and de- consent to have printed in the RECORD 2001, the day before 9/11, we didn’t have stroys them, we are going to see this the article from the Atlantic by Peter one soldier in Afghanistan, we didn’t thing explode even more. Beinart entitled ‘‘Obama’s Disastrous even have an ambassador, and we sent There are many other things I would Iraq Policy: An Autopsy.’’ no money in terms of assistance to the like to say, but I don’t want to con- I further ask unanimous consent to Taliban. We were completely dis- tinue too much longer on this, but to have printed in the RECORD an op-ed by engaged from Afghanistan. How well point out again, this is not just an Iraq DENNIS ROSS, one of the most respected did that work? problem. This is the border which runs individuals on the entire Middle East, Anytime you disengage from people along between Syria and Iraq. We can- entitled ‘‘Op-ed: To contain ISIS, think that bloodthirsty and you believe it not address just the Iraqi side. Iraq—but also think Syria.’’ will not come back to haunt you, you Lately, interestingly, Bashar Assad There being no objection, the mate- are making a mistake. Anytime a has been using his air power to attack rial was ordered to be printed in the group will kill women in a soccer sta- ISIS. If the United States does not be- RECORD, as follows: dium for sport and we think we are safe come involved, then people such as [From the Atlantic, June 25, 2014] if we ignore them, we are making the Bashar al-Assad, people such as the OBAMA’S DISASTROUS IRAQ POLICY: AN mistake for the ages. Iranians will fill that vacuum. It is AUTOPSY These people, the ISIS, represent a time for us to act. (By Peter Beinart) depraved form of humanity in the cat- What do I mean by that? Yes, the Iraq War was a disaster of historic egory of the Nazis. And what are we First of all, why don’t we send Ryan proportions. Yes, seeing its architects return doing about it? Crocker and David Petraeus back to to prime time to smugly slam President I am tired of ceding city after city, Baghdad. They are the smartest people Obama while taking no responsibility for country after country to radical Islam. I have ever known, and everybody their own, far greater, failures is infuriating. Now is the time to fight back—fight agrees with that: Send them back to But sooner or later, honest liberals will back as if it meant fighting for your have to admit that Obama’s Iraq policy has Baghdad and sit down with Maliki. been a disaster. Since the president took of- home and your family, because it Also, send some military planning does—fight back over there so we don’t fice, Iraqi Prime Minister Nouri al-Maliki teams that can assess the situation and has grown ever more tyrannical and ever have to fight them here. And they are address the needs of the Iraqi military, more sectarian, driving his country’s Sunnis coming here. If you don’t believe me, those that can still function effec- toward revolt. Since Obama took office, Iraq ask them. tively. Go ahead and orchestrate the watchers—including those within his own ad- The best way to keep them from air strikes, and understand that the ministration—have warned that unless the coming here is to align ourselves with problem in Syria is going to have to be United States pushed hard for inclusive gov- people over there who do not want ernment, the country would slide back into addressed as well. So there are con- civil war. Yet the White House has been so their agenda for their family and are crete steps that every military leader I willing to fight along our side. Right eager to put Iraq in America’s rearview mir- know advocates as a way of turning now, who feels comfortable fighting ror that, publicly at least, it has given this around. Maliki an almost-free pass. Until now, when with America? Right now, our enemies There is no good option. Because of it may be too late. are emboldened, our friends are afraid. the situation we are in, there is no Obama inherited an Iraq where better secu- Now is the time to turn this around, good option. But the worst option is rity had created an opportunity for better Mr. President. You are waiting and what the administration is doing government. The Bush administration’s waiting and thinking and thinking, and troop ‘‘surge’’ did not solve the country’s un- today, which is nothing, except sending they are on the march. I know this is derlying divisions. But by retaking Sunni a few advisers over to give some assess- complicated, but the one thing that is areas from insurgents, it gave Iraq’s politi- not complicated is that the terrorist ment of the situation. cians the chance to forge a government in- No one wants to get back into any organization you said could not have clusive enough to keep the country together. conflict. No American wants to do The problem was that Maliki wasn’t inter- safe haven has the largest safe haven in that. I am the last one who wants to do ested in such a government. Rather than in- the history of the world. They are rich- that. But we have to understand what tegrate the Sunni Awakening fighters who er than they have ever been, they are our Director of National Intelligence had helped subdue al-Qaeda into Iraq’s army, more powerful than they have ever Maliki arrested them. In the run-up to his has told us, what our Secretary of been, and you are doing nothing about 2010 reelection bid, Maliki’s Electoral Com- it. You need to do something about it Homeland Security has told us, what mission disqualified more than 500, mostly before it is too late, and we stand ready our common sense and eyes will tell us: Sunni, candidates on charges that they had to help you. If you have a terrorist organization ties to Saddam Hussein’s Baath Party. For the Obama administration, however, Mr. MCCAIN. I wish to emphasize that has hundreds of millions of dol- lars, that has control of an area the tangling with Maliki meant investing time with my colleague from South Caro- and energy in Iraq, a country it desperately lina, continuously we hear from the size of the State of Indiana where they are consolidating power and they have wanted to pivot away from. A few months President of the United States that before the 2010 elections, according to Dexter those of us who are in strong disagree- promised they will attack us—the Filkins in The New Yorker, ‘‘American dip- ment with his strategy—well, there is United States can’t afford another 9/11. lomats in Iraq sent a rare dissenting cable to none. The fact is there is no strategy. We can’t afford to see these jihadists Washington, complaining that the U.S., with We keep being accused of wanting to pouring out of Syria and Iraq into Eu- its combination of support and indifference, send ‘‘thousands of troops’’ on the rope and into the United States of was encouraging Maliki’s authoritarian ten- ground in Syria or in Iraq. That is pat- America, because these extremists dencies.’’ have flowed in from all of these coun- When Iraqis went to the polls in March ently false. I know of no one who 2010, they gave a narrow plurality to the shares our concern who wants to send tries. Iraqiya List, an alliance of parties that en- ground combat troops into Iraq. So I The President of the United States joyed significant Sunni support but was led wish the President of the United States can make the American people aware by Ayad Allawi, a secular Shiite. Under pres- would stop saying that. of this threat, and that we have to take sure from Maliki, however, an Iraqi judge al- Second of all, what we do want is we action, without sending ground combat lowed the prime minister’s Dawa Party— want some people who can be forward troops into the conflict. And I am con- which had finished a close second—to form a air controllers, some of our special fident—because the memory of 9/11 has government instead. According to Emma forces people, to direct these air not faded in the memory of the people Sky, chief political adviser to General Ray- of this country. We remember that mond Odierno, who commanded U.S. forces strikes against what is movement of in Iraq, American officials knew this vio- these hundreds of vehicles in convoy tragedy graphically. All of us remem- lated Iraq’s constitution. But they never across open desert. It can be done. ber where we were that day. But this is publicly challenged Maliki’s power grab, The next thing I wish to emphasize is a clear and present danger, and it is which was backed by Iran, perhaps because how dangerous it is becoming, particu- long time overdue for the United they believed his claim that Iraq’s Shiites

VerDate Mar 15 2010 04:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.065 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 26, 2014 CONGRESSIONAL RECORD — SENATE S4123 would never accept a Sunni-aligned govern- A week later, the Iraqi government issued Finally, last Thursday, in what was widely ment. ‘‘The message’’ that America’s acqui- a warrant for Hashimi’s arrest. Thirteen of interpreted as an invitation for Iraqis to escence ‘‘sent to Iraq’s people and politicians his bodyguards were arrested and tortured. push Maliki aside, Obama declared, ‘‘that alike,’’ wrote the Brookings Institution’s Hashimi fled the country and, while in exile, whether he is prime minister or any other Kenneth Pollack, ‘‘was that the United was sentenced to death. leader aspires to lead the country, that it States under the new Obama administration ‘‘Over the next 18 months,’’ writes Pollack, has to be an agenda in which Sunni, Shia and was no longer going to enforce the rules of ‘‘many Sunni leaders were arrested or driven Kurd all feel that they have the opportunity the democratic road . . . [This] undermined from politics, including some of the most to advance their interest through the polit- the reform of Iraqi politics and resurrected non-sectarian, non-violent, practical and ical process.’’ Obama also noted that, ‘‘The the specter of the failed state and the civil technocratic.’’ Enraged by Maliki’s behavior, government in Baghdad has not sufficiently war.’’ According to Filkins, one American and emboldened by the prospect of a Sunni reached out to some of the [Sunni] tribes and diplomat in Iraq resigned in disgust. takeover in neighboring Syria, Iraqi Sunnis been able to bring them into a process that, By that fall, to its credit, the U.S. had began reconnecting with their old jihadist you know, gives them a sense of being part helped craft an agreement in which Maliki allies. Yet, in public at least, the Obama ad- of—of a unity government or a single nation- remained prime minister but Iraqiya con- ministration still acted as if all was well. state.’’ trolled key ministries. Yet as Ned Parker, In March 2013, Maliki sent troops to arrest That’s certainly true. The problem is that the Reuters bureau chief in Baghdad, later Rafi Issawi, Iraq’s former finance minister it took Obama five years to publicly say so— detailed, ‘‘Washington quickly disengaged and a well-regarded Sunni moderate who had or do anything about it—despite pleas from from actually ensuring that the provisions of criticized the prime minister’s growing numerous Iraq experts, some close to his own the deal were implemented.’’ In his book, authoritarianism. In a Los Angeles Times administration. This inaction was abetted by The Dispensable Nation, Vali Nasr, who op-ed later that month, Iraq expert Henri American journalists. Many of us proved worked at the State Department at the time, Barkey called the move ‘‘another nail in the strikingly indifferent to a country about notes that the ‘‘fragile power-sharing ar- coffin for a unified Iraq.’’ Iraq, he warned, which we once claimed to care deeply. rangement . . . required close American ‘‘is on its way to dissolution, and the United In recent days, many liberals have rushed management. But the Obama administration States is doing nothing to stop it’’ because to Obama’s defense simply because they are had no time or energy for that. Instead it ‘‘Washington seems petrified about crossing so galled to hear people like Dick Cheney anxiously eyed the exits, with its one Maliki.’’ and Bill Kristol lecturing anyone on Iraq. That fall, Maliki prepared to visit the thought to get out. It stopped protecting the That’s a mistake. While far less egregious White House again. Three days before he ar- political process just when talk of American than George W. Bush’s errors, Obama’s have rived, Emma Sky, the former adviser to Gen- withdrawal turned the heat back up under been egregious enough. By ignoring Iraq, and eral Odierno, co-authored a New York Times the long-simmering power struggle that pit- refusing to defend democratic principles op-ed entitled ‘‘Maliki’s Democratic Farce,’’ ted the Shias, Sunnis, and Kurds against one there, he has helped spawn the disaster we in which she argued that, ‘‘Too often, Mr. another.’’ see today. It’s time people who aren’t Repub- Maliki has misinterpreted American backing Under an agreement signed by George W. lican operatives began saying so. Bush, the U.S. was to withdraw forces from for his government as a carte blanche for un- Iraq by the end of 2011. American military compromising behavior.’’ The day before [From the Los Angeles Times, June 23, 2014] officials, fearful that Iraq might unravel Maliki arrived, six senators—including TO CONTAIN ISIS, THINK IRAQ—BUT ALSO without U.S. supervision, wanted to keep Democrats Carl Levin and Robert Menen- THINK SYRIA 20,000 to 25,000 troops in the country after dez—sent the White House a letter warning that. Obama now claims that maintaining that, ‘‘by too often pursuing a sectarian and (By Dennis Ross) any residual force was impossible because authoritarian agenda, Prime Minister Maliki The conflict in Iraq will not be settled any Iraq’s parliament would not give U.S. sol- and his allies are disenfranchising Sunni time soon. Although the Islamic State of diers immunity from prosecution. Given how Iraqis . . . This failure of governance is driv- Iraq and Syria, or ISIS, and its Sunni allies unpopular America’s military presence was ing many Sunni Iraqis into the arms of Al- may not be about to march on Baghdad, they among ordinary Iraqis, that may well be Qaeda.’’ are continuing to expand their control over true. But we can’t fully know because Still, in his public remarks, Obama didn’t much of northern and western Iraq. The Obama—eager to tout a full withdrawal from even hint that Maliki was doing anything military and diplomatic steps that President Iraq in his reelection campaign—didn’t push wrong. After meeting his Iraqi counterpart Obama has ordered reflect the U.S. need to hard to keep troops in the country. As a on November 1, Obama told the press that, prevent ISIS from embedding itself in more former senior White House official told Peter ‘‘we appreciate Prime Minister Maliki’s com- of Iraq. Whether they will work, however, is Baker of The New York Times, ‘‘We really mitment to . . . ensuring a strong, pros- another matter. didn’t want to be there and [Maliki] really perous, inclusive, and democratic Iraq,’’ and Iraq is a mess today. The president is right didn’t want us there . . . [Y]ou had a presi- declared ‘‘that we were encouraged by the to expect the Iraqi government to take the dent who was going to be running for re-elec- work that Prime Minister Maliki has done in lead in its own defense He is right to insist tion, and getting out of Iraq was going to be the past to ensure that all people inside of that Iraq’s government must become more a big statement.’’ Iraq—Sunni, Shia, and Kurd—feel that they inclusive and less sectarian. And he is right In recent days, Republicans have slammed have a voice in their government.’’ A former to be wary of getting sucked into a sectarian Obama for withdrawing U.S. troops from senior administration official told me that, conflict in which we take sides. Iraq. But the real problem with America’s privately, the administration pushed Maliki The same calculus has guided the United military withdrawal was that it exacerbated hard to be more inclusive. If so, it did not States in Syria. There, our fears of the costs a diplomatic withdrawal that had been un- work. In late December, less than two of action—even limited military support for derway since Obama took office. months after Maliki’s White House visit, the opposition—led us to ignore the costs of The decline of U.S. leverage in Iraq simply Iraqi troops arrested yet another prominent inaction. We hoped that sanctions, a polit- reinforced the attitude Obama had held since Sunni critic, Ahmed al-Alwani, chairman of ical process and humanitarian assistance 2009: Let Maliki do whatever he wants so the Iraqi parliament’s economics committee, would make it possible to affect the reality long as he keeps Iraq off the front page. killing five of Alwani’s guards in the process. in Syria. It did not. Those who argued that On December 12, 2011, just days before the By this January, jihadist rebels from the the price would go up in human and strategic final U.S. troops departed Iraq, Maliki vis- Islamic State of Iraq and Syria (ISIS, or terms—and that we needed to affect the bal- ited the White House. According to Nasr, he ISIL) had taken control of much of largely ance of power within the opposition and be- told Obama that Vice President Tariq al- Sunni Anbar province. Vice President tween it and the regime of President Bashar Hashimi, an Iraqiya leader and the highest- Biden—the administration’s point man on Assad—were right. ranking Sunni in his government, supported Iraq—was now talking to Maliki frequently. Today, the costs in terms of spillover in terrorism. Maliki, argues Nasr, was testing But according to White House summaries of the region and the consequences of radical Obama, probing to see how the U.S. would Biden’s calls, he still spent more time prais- Islamists, particularly ISIS, coming to domi- react if he began cleansing his government of ing the Iraqi leader than pressuring him. On nate the opposition are clear. Syria is a dis- Sunnis. Obama replied that it was a domes- January 8, the vice president ‘‘encouraged aster, there is no border between Syria and tic Iraqi affair. After the meeting, Nasr the Prime Minister to continue the Iraqi Iraq, and the re-emergence of a terrible sec- claims, Maliki told aides, ‘‘See! The Ameri- government’s outreach to local, tribal, and tarian conflict in Iraq is inextricably linked cans don’t care.’’ national leaders.’’ On January 18, ‘‘The two to Syria. There will be no effective or endur- In public remarks after the meeting, leaders agreed on the importance of the Iraqi ing answer to the ISIS threat in Iraq without Obama praised Maliki for leading ‘‘Iraq’s government’s continued outreach to local also taking steps in Syria to deny it a sanc- most inclusive government yet.’’ Iraq’s Dep- and tribal leaders in Anbar province.’’ On tuary and a recruiting base. uty Prime Minister, Saleh al-Mutlaq, an- January 26, ‘‘The Vice President commended If nothing else, this should tell us that our other Sunni, told CNN he was ‘‘shocked’’ by the Government of Iraq’s commitment to in- response to the current crisis in Iraq must be the president’s comments. ‘‘There will be a tegrate tribal forces fighting AQI/ISIL into guided by a broader strategy toward the re- day,’’ he predicted, ‘‘whereby the Americans Iraqi security forces.’’ (The emphases are gion, one that has clear objectives in Iraq will realize that they were deceived by al- mine.) For his part, Obama has not spoken and Syria and takes into account that resist- Maliki . . . and they will regret that.’’ to Maliki since their meeting last November. ing ISIS cannot make it appear that we are

VerDate Mar 15 2010 04:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.018 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4124 CONGRESSIONAL RECORD — SENATE June 26, 2014 suddenly partners with the Iranian Revolu- something worth noting happened this ing the coordination of State and local tionary Guard. The fact that the Iranians week, happened yesterday in this programs. also have reason to fear ISIS means we have Chamber that I don’t want to let pass A bill that was endorsed by the Na- converging but not identical interests. without a few moments of comment. tional Association of Manufacturers is The Iranians have used radical Shiite mili- the AMERICA Works Act, sponsored by tias—Hezbollah, Kataib Hezbollah and Asaib Yesterday a broad bipartisan major- Ahl al Haq—in Syria and Iraq. The latter ity of this Senate came together to Senators HAGAN and HELLER. two—armed, trained and funded by the Ira- pass the Workforce Innovation and Op- Another challenge we face is ensur- nians—were responsible for killing hundreds portunity Act. ing employers can quickly recognize of American soldiers in Iraq. We should be First, I congratulate Senators MUR- whether a worker has the skills they talking to Iraq’s neighbors, including Iran, RAY, ISAKSON, HARKIN, and ALEXANDER need. So Senator HAGAN’s bill helped about what we and they can do to help sta- who led so capably on this bill. Sen- solve this by ensuring we prioritize bilize Iraq and defeat ISIS. ators MURRAY, a Democrat of Wash- programs that invest in training that But Turkey, Saudi Arabia, Kuwait and Jor- ington, and ISAKSON, a Republican of delivers portable national and indus- dan will not be responsive if they think try-recognized credentials. This en- fighting ISIS means the U.S. is prepared to Georgia, spent years working through the details, policy, and language, and courages job training programs to leave the Sunnis vulnerable to Iran and its match the skills of workers with the Shiite-backed militias. If Iran wants sta- months making sure that they got this bility in Iraq and not an ongoing sectarian bill to a point where the Senate and needs of local employers, training indi- war on its border, it will need to accept that the House in a bipartisan, bicameral viduals for the jobs currently available although the Shiites will hold many of the way could adopt legislation. in their communities right now. levers of power, they must also be prepared What is this about? It is about some- A third bill that contributed impor- to share them. thing simple, important, and powerful: tantly to this bill that was enacted In Iraq, if the U.S. is to help blunt ISIS, here yesterday, adopted by the Senate the central government must give Sunnis investing in America’s workforce so we can compete with anyone around the yesterday, was the Community College and Kurds a sense of inclusion and a stake in to Career Fund Act, sponsored by Sen- working with Baghdad and the military. world in the 21st century. ator FRANKEN and Senator BEGICH. Prime Minister Nouri Maliki’s conspira- This is an area I have focused on a torial, authoritarian approach has made that lot here in the Senate which I believe Senator FRANKEN came to the floor impossible. We should make any coordinated is critical to our Nation, our competi- yesterday and gave another passionate, military action with the Iraqi government tiveness, to strengthening our middle important floor speech in support of contingent on Maliki actually taking such class, and to growing good jobs. these ideas. It is something that as I steps, including appointing a government of In manufacturing, it is a core chal- presided—and I have been with Senator national unity, empowering a Sunni defense lenge for us to ensure that our workers FRANKEN in caucus and have heard him minister and permitting the Kurds to export speak many times. It is about equip- their oil. Absent that, we may still choose to have the training employers are look- ing for, and that our manufacturing ping workers with the skills they need target ISIS forces if there is a need, but by investing in partnerships between without regard to what the Iraqi government companies are globally competitive. our community colleges and our em- may seek. Manufacturing is important to Amer- ployers. Senator FRANKEN, Senator As for Syria, though we must deny ISIS ica, to our future, to our middle class, BEGICH, myself and others have seen sanctuary there, the U.S. cannot partner to our communities, and to our fami- this work in our home communities. with the Assad regime. The simple fact is lies because it pays well, it drives inno- that so long as Assad remains in power, he We have seen community colleges vation, it contributes greatly to other will be a magnet for every jihadi worldwide learn from manufacturers what today sectors in our economy and in commu- to join the holy war against him. No country are the actual relevant modern manu- nities. in the region is immune from the fallout of facturing skills they need and then de- That is why a few months ago I the conflict in Syria, and we all face the dan- liver customized training courses that ger of those who go to fight in Syria return- launched the Manufacturing Jobs for make a difference in the skills, in the ing to their home countries to foment vio- America initiative that has brought to- lives, in the college affordability and lence. gether dozens of Senators. We initially access of those who seek to join today’s Though President Obama has spoken about pulled together Democrats from across ramping up our support for the opposition in manufacturing workforce. Syria, we are late to that effort. It is time my caucus to introduce 34 bills, some The fourth bill, the On-the-Job for the United States to assume the responsi- of the best and broadest ideas we could Training Act, cosponsored by Senators bility of quarterbacking the entire assist- bring to the table about how to accel- SHAHEEN and COCHRAN, contributes to ance effort to ensure that more meaningful erate America’s recovery of employ- the idea that we need to invest in on- aid—lethal, training, intelligence, money ment and steady growth in manufac- the-job training. Because of Senator and humanitarian—not only gets to those turing. Roughly half of these bills are who are fighting both ISIS and the Assad re- SHAHEEN’s leadership on this bill, we bipartisan. will now make new and important in- gime but is fully coordinated and com- Part of the goal of this Manufac- plementary. vestments so workers can learn what The broader point is that Washington’s ac- turing Jobs for America initiative was they need to do in the job that needs to tions toward ISIS now must be taken with to put good ideas out on the floor and be filled, rather than in an academic both Iraq and Syria in mind and be guided by get them in the mix as we debate setting and then search the skills that a strategy geared toward weakening those things going forward. So I wish to take may match the skills they learn. On- forces that threaten the U.S. and its regional a moment today and celebrate that the the-job training in this bill sponsored friends. The more we take this approach and ideas of many of our partners in this by SHAHEEN and COCHRAN is an impor- highlight the costs to Iran of its current pos- campaign, ideas drawn from many of tant contribution to modernizing ture, the more the Iranians may see that the bills that are part of this initiative, their interests could be served by a political America’s workplace skills. outcome of greater balance in Syria and ended up being important parts of the The last, the SECTORS Act, cospon- Iraq. There will be risks to acting, but by Workforce Innovation and Opportunity sored by Senators BROWN and COLLINS, now we have seen the costs of inaction, and Act that was passed this week. is a provision that helps meet the fun- they are only likely to grow over time. Let me briefly touch on the five most damental challenge of connecting our Mr. MCCAIN. Mr. President, I appre- important who contributed ideas that schools with our businesses by requir- ciate my dear friend Senator COONS’ were embedded in this bill that passed. ing State and local workforce invest- patience. First, the Adult Education and Eco- ment boards to establish sector-based At this time I yield the floor. nomic Growth Act which was spon- partnerships. The PRESIDING OFFICER. The Sen- sored by Senators REED and BROWN. In With all of these bills there is an im- ator from Delaware. our rapidly changing economy, ensur- portant and common theme. In the 21st f ing we can train Americans of all ages century, rapid economic change is a for all jobs is critical. Senator REED’s given. In order to compete, in order to WORKFORCE INNOVATION AND bill takes an important step in that di- grow our economy and grow employ- OPPORTUNITY ACT rection by investing in adult edu- ment, in order to be productive and to Mr. COONS. Madam President, some- cation, expanding access to technology have a successful and growing work- thing important, something unusual, and digital literacy skills and improv- force, we need to be able to adapt as

VerDate Mar 15 2010 04:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.020 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 26, 2014 CONGRESSIONAL RECORD — SENATE S4125 quickly as our economy does and we made in Maryland. The Workforce In- workforce in local area hotels and res- need to invest in modernizing the skills vestment Network for Maryland is taurants. Having tasted a number of of the American worker. comprised of Maryland’s 12 workforce dishes the students prepared, I can tell With the passage of the Workforce investment area/workforce investment you their training is going well. I was Innovation and Opportunity Act yes- boards. The network reports assisting impressed by the dedication and enthu- terday, we have made a strong state- more than 216,000 Marylanders with job siasm of the students. One of them ment that in a bipartisan way we are placement assessment, job search travels more than 2 hours by bus, one willing to invest in America’s workers, workshops, resume preparation, and way, to attend class each day. I am the jobs of today and the jobs of tomor- myriad other services from July 2012 to confident these men and women will row. This is just one of many encour- June 2013. Nearly 16,000 job seekers continue to hone their skills and en- aging moments here in the Senate that completed job training programs, with hance their employment prospects. sometimes go without note or com- several thousand receiving nationally Our Nation’s at-risk youth present mentary in our communities at home, recognized certificates and credentials. special challenges we must overcome. but I thought it was important to bring Through an aggressive outreach proc- to the floor today this range of five dif- ess, the Workforce Investment Net- Aaron Sierak, a resident of Aberdeen, ferent bills, three of them bipartisan, work for Maryland engaged more than MD, dropped out of high school during all of them strong, whose ideas were 7,700 businesses and was able to match his junior year. After he became dis- part of the package adopted on the nearly 44,000 jobs seekers with employ- couraged about his future and ex- floor yesterday and that I am confident ers. pressed a desire to change, he learned will be adopted by the House and In Maryland, our local workforce in- about the Reconnecting Youth dropout signed into law by our President. This vestment boards know how to respond recovery program run by the Harford Senate can, will, should continue to to the needs of the local community. County Public Schools in partnership make bipartisan progress in investing The field of cyber security is projected with the Susquehanna Workforce Net- in American manufacturing. to grow by 41 percent over the next 8 work. The Susquehanna Workforce I thank the Chair. years, and jobs in this expanding field Network helped Aaron obtain his GED, Mr. CARDIN. Madam President, I pay a median hourly wage of $38 per enroll in Harford Community College, strongly support the bicameral, bipar- hour. Maryland is a hotbed of activity and obtain a Pell grant to help cover tisan Workforce Innovation and Oppor- in the cyber security field since it is the cost of his first year of tuition. tunity Act, WIOA. This long over-due home to the U.S. Cyber Command, the Aaron now plans to obtain an associ- reauthorization will help Americans to National Security Agency, the Defense ate’s degree and registered nursing cer- develop the skills necessary to partici- Information Systems Agency, the Navy tification so he can find work in a pate in today’s global economy. I Fleet Cyber Command, and hundreds of high-demand—and rewarding—occupa- would be remiss if I did not commend Federal contractors and private tech- tion. the leaders of the Senate Health, Edu- nology companies. In an effort to ad- The Workplace Innovation and Op- cation, Labor and Pensions Com- dress the lack skilled cyber security portunity Act improves upon the exist- mittee—especially Senators HARKIN, workers and increase the number of ing youth services that helped put ALEXANDER, MURRAY, and ISAKSON—for qualified workers in the pipeline, a Aaron back on a path to economic mo- their hard work on crafting this impor- three-way partnership—the Pathways bility and a middle-class livelihood. tant jobs bill which will benefit job to Cybersecurity Careers Consortium— WIOA places a priority on out-of-school seekers and their families, employers, was created to bring together the ef- youth by requiring that 75 percent of and the economy. Their House counter- forts of six workforce development youth services funding at the State and parts—Representatives JOHN KLINE, agencies, three community colleges, local level be targeted to career path- GEORGE MILLER, VIRGINIA FOXX, and and the local business community. The ways for youth, dropout recovery ef- RUBE´ N HINOJOSA of the House Com- partnership, led by Anne Arundel forts, and education and training pro- mittee on Education and the Work- Workforce Development Corporation, grams that lead to the attainment of a force—also deserve our praise and was awarded a $4.9 million community- high school diploma and a recognized thanks. based job training grant to create the postsecondary credential. Congress passed the Workforce In- Pathways to Cyber Security Program. The Workplace Innovation and Op- vestment Act, WIA, in 1998. It expired The grant was intended to assist 1,000 portunity Act is bipartisan, bicameral in 2003, but Congress has relied on an- new, dislocated, underemployed, re- legislation that will improve our work- nual appropriations bills to extend cently separated veterans, and incum- force development system and help put WIA’s authorization 1 year at a time. bent workers in obtaining cyber secu- Americans back to work, preparing These appropriations bills often have rity certifications identified as critical workers for the 21st-century workforce made modest policy changes. Some of industry shortages by regional busi- and helping businesses find the skilled the policy changes have been retained nesses and government agencies. I am employees they need to compete and in subsequent years but continuity proud to report that nearly 1,150 work- create even more domestic jobs. WIOA isn’t guaranteed. This patchwork ap- ers have received training in the pro- creates a streamlined workforce devel- proach to improving our workforce gram, 755 program participants have opment system by eliminating 15 exist- education and development system is received cyber security certifications, ing duplicative programs. It applies a far from ideal, especially as the labor and 721 program graduates have been single set of outcome metrics to every market changes rapidly in response to hired by an employer or improved their Federal workforce program under the the global economy. skills with an existing employer. Some As our Nation continues the long, ar- of the graduates of the cyber security act. It creates smaller, nimbler, and duous climb out of the worst recession programs have begun to work with a more strategic State and local work- since the Great Depression, effective number of Federal agencies in my force development boards. It integrates education and workforce development home State. intake, case management, and report- opportunities are vital to sustaining a As I have traveled across Maryland, I ing systems and strengthens program building and sustaining a vibrant mid- have seen firsthand the positive effect evaluations. And it eliminates the ‘‘se- dle class. The Workforce Innovation of effective programs in action. This quence of services.’’ Finally, WIOA em- and Opportunity Act will allow local past March, I had the opportunity to powers local boards to tailor services workforce investment boards to create visit students at Chesapeake College’s to their region’s employment and a system which prepares workers for Continuing Education & Workforce workforce needs with on-the-job, in- the 21st-century labor market and Training Culinary Arts Program. The cumbent worker, and customized train- helps employers find the skilled labor students in the culinary arts program ing and pay-for-performance contracts. needed to compete and create good jobs learn the principles of food prepara- According to the Georgetown Univer- here in the United States. tion, obtain a nationally recognized sity Center on Education and the Let me provide a report on the work- safe food handling certificate, and fin- Workforce, by 2022 the supply of United force development progress we have ish the program ready to enter the States workers with postsecondary

VerDate Mar 15 2010 05:14 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.068 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4126 CONGRESSIONAL RECORD — SENATE June 26, 2014 education—including 6.8 million work- I appreciate my colleagues’ work on laid down by the Supreme Court and ers with bachelor’s degrees and 4.3 mil- this important issue and look forward comes up with a new formula and a lion workers with a postsecondary vo- to swift passage of WIOA in both new approach that makes voting rights cational certificate, some college cred- Chambers. and elections more transparent and has its, or an associate’s degree—will fall f been carefully crafted to be both effec- short of the demand for workers with tive and to pass this Congress. It is a those credentials by 11 million. This JUNETEENTH REMEMBRANCE voting rights bill that is modern, to mismatch will impede our economic Mr. COONS. Mr. President, last Fri- confront modern voting rights chal- growth and harm our international day was Juneteenth, which marks four lenges. competitiveness. It also represents a of the most important days in our Na- As a country we have come a long huge lost opportunity for millions of tion’s long and continuing march to- way since 1965, but we are not where we hard-working Americans and their ward racial justice and civil rights in need to be yet. As much as we don’t families. To maintain our position as this country. want to admit it or confront it, racial the world’s economic leader, we need to First, on June 19, 1862, President discrimination in voting is not a relic educate and train our workers to fill Abraham Lincoln’s Emancipation of the past, but a tragic reality of the skilled jobs of the knowledge-based Proclamation abolished slavery in all today. Just yesterday the Senate Judi- economy. And the workforce develop- U.S. territories. Then 3 years later, a ciary Committee held a hearing on ment system needs to pivot from short- month after the end of our Civil War, what to do to address the loss of a key term crisis intervention to long-term Union soldiers arrived in Galveston, part of the Voting Rights Act that is human capital development. WIOA TX, to free the last of our Nation’s known as preclearance. does that, and the substitute amend- slaves. Nearly a century later on June In 2013 the Supreme Court struck ment the Senate has passed dem- 19, 1963, with Jim Crow laws still a down the heart of the Voting Rights onstrates that here in Congress, we can stain on the moral fabric of our coun- Act, a bill that each and every Senate come together to work on legislation try, President John F. Kennedy sent Republican voted for in 2006. Let me be that will boost the economic recovery his Civil Rights Act of 1963 to Congress. clear about that. Again, in 2006 this and help all Americans. And the following year, as the Nation body unanimously reauthorized the f mourned JFK’s loss, President Johnson Voting Rights Act. Yet in 2013 the Su- WIOA shepherded the Civil Rights Act of 1964 preme Court struck down an essential to final passage. provision of that very act. Mr. SCOTT. Madam President, I am As we mark these days in our Na- The Voting Rights Act and leader- pleased the Senate voted this week to tion’s history, from the end of our ship to address the challenges of civil improve job training in the United darkest period to some of the most im- rights in this country have long been States. The Workforce Innovation and portant pieces of civil rights legisla- bipartisan in nature. My own family Opportunity Act, WIOA, is the result of tion passed, we know we still have far- and friends who are Republicans are a commitment in both parties and both ther to go. justifiably proud of their party’s lead- Chambers to modernize our workforce It is appropriate that we do so this ership role in addressing the darkest development system to ensure Amer- year especially, that we mark June 19 days and the biggest challenges in civil ican competitiveness. The last time a and these five moments across our Na- rights in the last century in this coun- Workforce Investment Act reauthoriza- tion’s history, because as a result of try. But today we are struggling in this tion was signed into law was in 1998, far body to find a single Republican co- too long ago, and the significant skills the Supreme Court’s decision last year, sponsor for this important and nec- gap we face as a Nation is evidence the Shelby County case, a key piece of essary bill. I ask my friends: Is this be- that our fragmented system simply is President Johnson’s Voting Rights Act cause there is nothing that remains to not working. of 1965 stands in bad need of repair and Despite the billions of taxpayer dol- revision; and, in fact, the Voting be done? Is that 2006 act, unanimously lars we invest annually on Federal job Rights Act itself is at risk of becoming passed by this body, so obsolete that training programs, there are 4.5 million a dead letter in the future of voting in there is no legislative response nec- unfilled jobs and a staggering 10 mil- our country. essary to Shelby? lion unemployed Americans. We need Two years ago I had the opportunity I think a response is necessary. A to bridge this gap, and WIOA helps get to join many of my colleagues in the month after the Supreme Court’s deci- us there by reducing bureaucracy and House and the Senate, Republicans and sion, North Carolina passed a restric- providing American workers with a Democrats, in returning to Selma to tive, a deeply restrictive, voting law more flexible and effective workforce the site of Bloody Sunday, to the that in addition to a strict photo ID re- training system. Over the past year, I march across the Edmund Pettus quirement reduces early voting and have heard from businesses, elected Bridge. Many Members of Congress got forbids local jurisdictions flexibility in State and local leaders, and families a chance to hear again from Congress- setting hours for early voting, among back home about the critical need for man LEWIS about the events of that other restrictions. After the Shelby reforms to our job training system, and day, that day that was etched into the County decision, in Pasadena, TX, that I am glad to have had the chance to consciousness of this country and mo- city’s voters adopted a plan to reduce work on this bill and be a part of this bilized millions to speak out to their the number of single-member districts process in the Senate. representatives and Senators and move from eight to six, adding two at-large This legislation incorporates many this Congress finally to enact legisla- representatives, a change nearly cer- reforms contained in the SKILLS Act, tion that would unlock the key to the tain to reduce Latino representation which I introduced in the Senate ear- ballot box across the country. on their city council. Hours after the lier this year, including the elimi- I was so proud earlier this year to decision, the State of Texas announced nation of 15 programs identified as du- join with Chairman LEAHY of the Sen- plans to implement its photo ID law plicative or ineffective and countless ate Judiciary Committee and with Sen- that had long been blocked under sec- Federal mandates on States and local ator DICK DURBIN, Congressman LEWIS, tion 5 of the Voting Rights Act. Again boards. In addition, WIOA establishes icon of the Civil Rights movement, and again, shortly following the Shelby common performance metrics and re- Congressman JOHN CONYERS, and Re- County decision, jurisdictions moved quires independent evaluations every 4 publican Congressman JIM SENSEN- to implement discriminatory voting years of all workforce programs to en- BRENNER, to introduce a bill that would changes that had previously been sure effectiveness and accountability restore the core protections made pos- blocked under section 5. Something to taxpayers. By reducing bureaucracy sible in the original Voting Rights Act. needs to be done. I would suggest to my and enhancing flexibility, WIOA elimi- The bill we introduced doesn’t look colleagues, if you don’t like this pro- nates delays that hinder job seekers at discrimination through the lens of posal, please come forward with some- from immediately accessing job train- the past. It focuses on modern-day vio- thing you can support, with something ing services and reentering the work- lations, not the things that happened that looks forward, not back; that has force. 50 years ago. It takes up the challenge a formula that protects voting as the

VerDate Mar 15 2010 04:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.060 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 26, 2014 CONGRESSIONAL RECORD — SENATE S4127 most sacred and foundational right of For instance, today, this decade, 7 of for which immigration is so central to our Republic and allows us to come to- the 10 fastest growing economies in the its history and its identity. Let’s take gether. History will not look kindly on world are in Africa. Yet right now 1 in a moment to reflect on what that real- our inaction. 5 American embassies of the 54 coun- ly means. Two days ago we honored the mem- tries on that continent lacks a con- Here is a photo. I am afraid it is not ory of Dr. King and Coretta Scott King firmed ambassador. Africa faces seri- a very good quality. I took it myself. It with a Congressional Gold Medal. What ous security challenges. Boko Haram is a photo that I took at a naturaliza- better way to honor their legacy than in Nigeria, which has recently kid- tion ceremony held for Active Duty to come together and strengthen the napped hundreds of girls and burned servicemembers in Fort Carson, CO. rights they fought so hard to secure for down churches and schools is just one The 13 soldiers and spouses who became every American? example. Yet as the countries bor- U.S. citizens on that day represented 11 Voting is fundamental, and ensuring dering that troubled area of Nigeria try different countries of origin even that every American has the right to to coordinate a response to ensure that though they are wearing our uniform. vote is at the core of what makes our conflict doesn’t spill over borders, we They came from all over the world: democracy vibrant. lack confirmed ambassadors in the ad- Colombia, Haiti, Malaysia, Mexico, I urge my colleagues on both sides of jacent nations of Niger and Cameroon. Nicaragua, China, the Philippines, the aisle to come together and to find In Namibia, where we also don’t have South Korea, Togo, Ukraine, and the a way forward for us to put voting a confirmed ambassador, the United United Kingdom. They all came for rights first and to restore the impor- States is dedicating $50 million to com- this pursuit of the American dream, tant legacy of June 19 from across so bat HIV and Aids. We need an ambas- and they all came to serve this coun- many incidents in so many years and sador to oversee those funds and make try. They are going to be the people to move us forward on a positive path. sure they are appropriately used. who help us determine our future. Thank you. I will briefly review some of the num- The same is true with the refugees Mr. President, could I ask my col- bers and facts. Our nominees to the fleeing persecution from around the league’s indulgence for one last 2- countries of Namibia, Cameroon, and world. The parents seeking opportunity minute speech? Niger have waited for a vote for 330 for their children and those stepping Mr. SESSIONS. Mr. President, I was forward to serve and sacrifice for our days—almost a year. Our nominee to to be recognized before, but I will be shared values have made this country Sierra Leone has waited 352 days, our glad to, but would like the 15 minutes the America we love. But our existing nominee to Mauritania has waited 289 or so I was allowed to have even immigration policies do not reflect this days, and our nominee to Gabon has though it may back up after me. history or the values that shaped it. In- waited 287 days. So, Mr. President, I would ask unani- stead, it is a mess of unintended con- In the long absence of ambassadors, mous consent that Senator COONS be sequences that hurts our businesses, professional career Foreign Service of- allowed an additional 2 minutes and I rips families apart, and keeps us at a ficers, capable and competent Deputy be allowed 15 minutes thereafter. competitive disadvantage with the rest Chiefs of Mission assume this role on The PRESIDING OFFICER. Is there of the world. objection? an interim basis. I am deeply con- Tomorrow marks 365 days—1 year— Mr. COONS. I object, and suggest the cerned that with the August turnover since the Senate acted to fix these absence of a quorum. for Foreign Service officers quickly ap- problems and passed bipartisan immi- The PRESIDING OFFICER. The ob- proaching, many of our embassies will gration reform. Yet here we are still jection is heard. also be left without a DCM at the helm. waiting for the House of Representa- The clerk will call the roll. This is inexcusable. It hurts our tives to do the same. The House’s inac- The assistant legislative clerk pro- economy, our national security, and tion is costing our Nation. It has cost ceeded to call the roll. our leadership to leave these posts un- us, among other things, $13.4 billion in Mr. COONS. Mr. President, I ask filled and the ambassadorial nominees lost revenue in this last year alone. unanimous consent that order for the unconfirmed for so long. With each additional day that passes, quorum call be rescinded. I have great hope for Africa’s future. we lose another $37 million of revenue. The PRESIDING OFFICER (Mr. MAR- Across the continent there are emerg- What is most frustrating about this KEY). Without objection, it is so or- ing democracies, growing economies, to me is that we agree—on both sides dered. and although there are some security of the aisle—that our current immigra- f challenges, I am optimistic we can tion system is broken. We agree that meet them in partnership with Africa’s AMBASSADORIAL NOMINATIONS our immigration system is critical for leaders. our economy and for our country. Mr. COONS. Mr. President, when we When we fail to send career public In June of last year we passed a bill send American Ambassadors to nearly servants to serve as our ambassadors, in this Chamber with strong bipartisan every country around the world, we are we send the message that we are not support. It won the support of a broad able to strengthen democracy and pro- serious about these challenges and are coalition of Republicans and Demo- tect our national security. Ambas- not willing to invest in these partner- crats. It also has the support of count- sadors are voices for American values ships. less organizations, from migrant work- and the interests we share with other I urge my colleagues to work to- ers to farmers and ranchers, from law nations. Simply put, they are critical gether across the aisle to devote our- enforcement agencies to the faith com- to promoting our foreign policy, our selves to getting our ambassadorial munity, Latino leaders across this economic and security interests, and nominees to Africa confirmed. This country, and the Chamber of Com- our leadership in the world. Yet when— transcends partisanship, and it is a merce to labor unions. because of partisan politics and grid- task we should turn to promptly. Often I tell those who despair about lock at home—we fail to confirm am- I thank the Presiding Officer and I the lack of leadership in Congress that bassadors, we send a dangerous mes- yield the floor. there is a model we can learn from, and sage about our lack of interest in the The PRESIDING OFFICER. The Sen- it is the bipartisan work that was done world and our lack of interest to diplo- ator from Colorado. on this bill. I cannot say enough about macy. Mr. BENNET. Mr. President, I wish the Republican Members of the Gang of I have the privilege of chairing the to thank the Senator from Alabama for 8 who negotiated a bill over seven or African Affairs Subcommittee of the allowing me to go ahead of him in cue. eight months, knowing what the base Senate Foreign Relations Committee. f of their party might say about the fact Through my work as chair, as well as that they were in that room but still time I spent earlier in my life in Afri- IMMIGRATION REFORM willing to do it because it was right to ca, I have seen up close both the in- Mr. BENNET. Mr. President, we say do for their country and it was right to credible opportunities in the continent that America is a nation of immi- do for their party—in that order. of Africa as well as the stark chal- grants, and, of course, that is true. In this job I have had the opportunity lenges. There is no other country in the world to meet with a diverse cross section of

VerDate Mar 15 2010 05:14 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.069 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4128 CONGRESSIONAL RECORD — SENATE June 26, 2014 Coloradans throughout the State, each create jobs and fuel our economy. for a few extra days to shut the govern- struggling beneath the weight of a bro- High-skilled workers in math and ment down. ken immigration system. I have spoken science, and lower-skilled workers in In the year since the Senate passed with peach growers on the Western industries such as hospitality and tour- the bill, the House has found the time Slope, vegetable growers in Brighton, ism would come into the country to fill to vote 17 times to repeal, delay or dis- and melon farmers in the San Luis Val- jobs where there are no available U.S. mantle the health care bill—54 times in ley—farmers such as Philip Davis from workers. total in the last 4 years. They voted to Mesa Winds Farm and Winery in West- We would provide stability for our name 20 post offices and an assortment ern Colorado who cannot get the sea- agricultural industry with a new of 20 other government buildings. They sonal workers he needs. He will tell streamlined program for agricultural have held five separate House com- you how hard he and his family have workers—one that is more usable for mittee hearings. They produced three had to work to fill these gaps, and how employers and protects our workers. different public reports and passed one every single day they have to keep Our borders would be more secure. resolution on the topic of Benghazi—a fighting to prevent their 36-acre farm There is one border security bill that topic that has never come up in most from closing. has passed the Congress, and that is of our town hall meetings. A legal, reliable, competent work- the bill passed by the Senate. It allows What I hear in Colorado over and force for our Nation’s farms and for new fencing, doubling the number over is we have to stop excuses, stop ranches is essential for Colorado’s $40 of border agents, and increased spend- posturing, and pass a bill—a good bi- billion agricultural industry, and it is ing on new technology. We would have partisan bill, and that is what the essential for our agricultural industry full situational awareness on the bor- House of Representatives ought to be across the country. Maybe that is the der in order to allow us to intercept doing now. Fixing our broken immigra- reason why both the United Farm threats rapidly and successfully. And tion system is long overdue, and I be- Workers union and the growers all with the mandatory employment veri- lieve that the bipartisan solution craft- across the United States of America fication system and more effective ed in our Senate bill will fix it just endorsed this bill. entry-exit system, we would prevent fine. It is time for the House to act. I have heard from Colorado’s high- future waves of illegal immigration. With that, I yield the floor, and I tech companies such as Full Contact, a A huge number of people who are thank my colleague, again, for his pa- tech startup in Boulder, CO, that ac- here entered the country legally; we tience and kindness in allowing me to quired a company overseas. They have just don’t know where they are. We go first. been unable to hire the talented engi- ought to have a system that tells us The PRESIDING OFFICER. The Sen- neers they need to grow their busi- that. These are all changes that our ator from Alabama. nesses and add jobs. Nation urgently needs. Mr. SESSIONS. Mr. President, I ap- I have also heard from Colorado’s In the time since the Senate passed preciate my colleague. I would note he dedicated teachers and administrators the bill, we heard a litany of reasons didn’t mention and wasn’t mentioned who work tirelessly to teach the next why it can’t pass the House. They say in the effort to pass the Gang of 8 bill, generation of entrepreneurs and the Senate bill doesn’t have support in which was dead on arrival in the innovators—teachers such as Mary the House. If Speaker BOEHNER put the House, the American worker. The num- Edwin from Colorado Springs. Mary, a bill on the floor tomorrow, it would bers just came out yesterday, a revi- graduate of Johns Hopkins with a mas- pass. They say the Senate bill is too sion of the economic numbers—our ter’s degree in education, will likely be long, too big, too comprehensive. I, for gross domestic product showed a de- forced to return home to Nigeria, leav- one, am willing to consider looking at cline in the first quarter of 2.9 percent, ing behind the children she works with this bill in smaller pieces as long as all a GDP decline of 2.9 percent, which is at Turman Elementary School, all on the problems with the system are ad- the largest we have seen since the re- account of our broken, outdated visa dressed. But the House has not pro- cession hit—those dramatic days. system. duced—never mind voted—on a single We are not creating jobs in this coun- This year on April 7, approximately 6 bill, much less a series of smaller bills. try. Wages are not going up. We do not months before the 2015 fiscal year even They say they want more border se- need to be surging the number of immi- begins, the government announced it curity, but what do they know about grants coming into the country. We had already reached its statutory cap the border that our Republican col- don’t need to be passing a law such as on H–1B petitions for H–1B visas. It has leagues from Arizona, JOHN MCCAIN the Gang of 8 bill that would double also reached its exemption for 20,000 and JEFF FLAKE, don’t know? What do the H–1B workers brought into Amer- advanced-degree holders. These are ex- they know about the border that Sen- ica, increase by 50 percent the annual actly the type of workers our State and ator FLAKE and Senator MCCAIN don’t flow, add another 500,000 so-called the national economy require. know? We have 21,000 border agents, backlog workers, in addition to legal- I will paint a picture of what our and we are putting another 21,000 on izing some 11 million-plus, at a time country would look like if the Senate’s the border if this bill were passed. We when Americans are having wages fall immigration bill were actually en- spend more money on the border than and jobs are very difficult to find. acted. First, millions of people who we do on all other Federal law enforce- For example, I would note that work- came to this country for a better life, ment combined, but they say there is force participation levels have fallen to including young people whose parents not enough border security—not that their lowest point since the 1970s. This brought them here as children, would they passed a border security bill. The is a dramatic decline in the number of have the opportunity to enter a tough only folks who have passed a border se- people working and the numbers con- but fair pathway to citizenship. With a curity bill are right here in the Senate. tinue to slide. Since 2009, we have had path in place, we would see higher We should ask them how many more a decline in median income for families wages, greater consumption of goods agents they need, and how many more in America of $2,300. and increased revenue. It would reduce billions of dollars we should spend. They suggest repeatedly that this our debt by nearly $1 trillion—even in If the House wants to secure the bor- legislation we have brought to the Washington that is real money—over 20 der first, which the Senate bill does, floor was focused primarily on melon years, and increase our economic let’s see their legislation. We are wait- harvesters, but that is not so. About 80 growth by roughly 5.4 percent over that ing. I, for one, would like to see them percent of the people who would be period of time. think about customs agents and trade given legal status and would be allowed Next, our bill would put in place an instead of adding more billions of dol- to come to America to work under the efficient and flexible visa system that lars at the border. guest worker program would not be on would enable us to compete in a chang- The most common excuse we have the farms. They would be taking jobs ing 21st century global economy. Tal- heard is that the House has not had in plants and factories all over Amer- ented entrepreneurs and innovators time to pass a bill. The House was only ica, reducing the need for businesses to from around the world would have the scheduled to work 9 days last Sep- increase wages for a change and try to opportunity to stay here in order to tember. Ultimately, they came back attract people into some of these more

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We are talking about a For the information of all Senators, further consideration of S. 91, the Child dramatic increase in the number of S. 202, introduced by Senator GRASSLEY Tax Credit Integrity Preservation Act workers at a time when the economy is and of which I am a cosponsor, amends of 2013; that the Senate proceed to the struggling, workers are hurting, wages the Illegal Immigration Reform and immediate consideration of the meas- are down, and unemployment is up. Immigrant Responsibility Act of 1996 ure; I ask further that the bill be con- I just want to dispute that. I want to to make an E-Verify program perma- sidered read a third time and passed push back on it. That has been my nent. This is critical to protecting jobs and that the motion to reconsider be analysis from the beginning. and wages of American workers. It re- considered and laid upon the table with Oh, we need more high-tech workers, quires the government to at least run a no intervening action or debate. they say, and businesses say that too. cursory computer check to determine For the information of all Senators, But what do the numbers show? Pro- whether a person applied for a job is le- S. 91, introduced by Senator VITTER fessor Harold Salzman at Rutgers did a gally in this country. and which I cosponsored, would close a report that said we are actually grad- I renew my unanimous consent re- loophole in the law that permits illegal uating about 500,000 STEM graduates— quest. aliens to illegally and improperly re- science, technology, engineering, The PRESIDING OFFICER. Is there ceive cash tax credits from the Internal mathematics—about 500,000 graduate a objection to the request of the Senator Revenue Service, according to the year, but we only have jobs for fewer from Alabama? Treasury Department’s own inspector than half of them. Most STEM grad- The Senator from Illinois. general. The IRS sent illegal aliens $4.2 uates are not working in their fields. Mr. DURBIN. Mr. President, reserv- billion in additional child tax credit They haven’t been able to find the kind ing the right to object, a year ago payments in 2010. The cost has quad- of work for which they trained. One of today on the floor of the Senate we rupled in 5 years. In one instance, four the reasons is that a substantial num- passed the comprehensive immigration illegal aliens fraudulently claimed ben- ber of those jobs are taken by H–1B reform bill, and 68 Senators—14 Repub- efits for 20 children they claimed lived workers who are brought in not to im- licans and all of the Democrats—voted with them in the same trailer and re- migrate to America to create jobs, I for it. We sent it to the House of Rep- ceived from the IRS $29,000 in refunds. say to my colleagues; they come in on resentatives. Included in that bill was So I ask unanimous consent that this the H–1B visa, which is a limited period a requirement that all employers use a bill be passed. mandatory electronic employment ver- of time, they work at lower wages, and The PRESIDING OFFICER. Is there ification system to verify that all their they return to their country. They are objection? not on a path to be permanent citizens. employees were legal. Job applicants Mr. DURBIN. Mr. President, reserv- But it is a great asset to businesses were required to show identifying docu- ing the right to object, the cir- that don’t want to hire, perhaps—it ments, such as passport, driver’s li- cumstance is this: If a person is legally seems—people and put them on a ca- cense, biometric work authorization required to pay income taxes in Amer- reer path where they might be expected card, including a photo ID. Any em- ica, a person is legally entitled to some to get pay raises in the years to come. ployer who continued to employ un- deductions and credits. One of those So I will challenge even that fact. I documented immigrants faced serious credits which a person is entitled to is talked to a business person recently penalties. That would end the hiring of a child tax credit. If a person has a about a factory they have. The work undocumented workers, which the Sen- minor child, that person pays less in sounded pretty good to me. He wants to ator from Alabama has spoken to. E- taxes in America. bring in foreign workers to Alabama. Verify, though, has to be part of com- Well, we have unemployment in Ala- prehensive immigration reform; other- What the Senator from Alabama and bama. We have people on unemploy- wise, it would devastate the economy this bill try to do is restrict the avail- ment insurance. We have people on and hurt innocent workers. This was ability of this child tax credit to some welfare and food stamps and assistance included in the bill, and we said there workers in America. I think they have who need to be taking those jobs. would be no path to citizenship until gone too far. I want to make sure So the first responsibility of a con- we have established this as a nation- working families with small children gress, a senate, when they consider an wide standard to verify that workers have the helping hand of our Tax Code. immigration bill is what is in the in- truly were not undocumented. I want to stop any fraud in any pro- terests of the American people. I don’t That bill came to the floor a year gram in our Tax Code, but I don’t be- believe it is wrong to discuss that. We ago. The Senator from Alabama voted lieve this bill is a balanced approach to have to ask what is in our national in- against it. It passed. It went to the solving the problem, and I object. terests, the interests of our people, and House of Representatives. It has lan- The PRESIDING OFFICER. Objec- this is not a time to be doubling the H– guished for 1 solid year. House Speaker tion is heard. 1B workers into America. It is just not. JOHN BOEHNER will not call that bill Mr. SESSIONS. Mr. President, I ap- And more and more scientific, peer-re- because he knows it will pass. We are preciate the comments of the Senator viewed, excellent studies are coming not going to take that bill apart piece from Illinois. I would have to say that out on that. by piece, as the Senator from Alabama the inspector general of President I see my colleague, Senator DURBIN. I suggests. Obama’s own U.S. Treasury Depart- know he is exceedingly busy. My inten- I object. ment has said this is a clear abuse. tion is to make a unanimous consent The PRESIDING OFFICER. Objec- They have written a detailed letter on request that we actually do something tion is heard. why it ought to be closed. I am flab- about the crisis we have on the border. The Senator from Alabama. bergasted and amazed that we would sit by and allow $4 billion in child tax f Mr. SESSIONS. Mr. President, I thank the able Senator from Illinois credit payments to go out that are not UNANIMOUS CONSENT REQUESTS— for his articulate response. I would justified. We have been told this. Why S. 202 AND S. 91 note that the E-Verify program should is it that we won’t even respond to this Mr. SESSIONS. I ask unanimous con- already have been fully implemented little problem? sent that the Committee on the Judici- long ago. If it is so good, why don’t we It is one reason I brought it up ary be discharged from further consid- bring it up and pass it now? Why do we today—because I want the American eration of S. 202, the Accountability have to pass along with it a bill that people to know this Congress, this Through Electronic Verification Act; will double the number of guest work- Democratic majority is not willing to

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We need to do the right officer—but the Secretary of Homeland their association went so far two years thing for our country based on law, on Security has the Border Patrol, he has ago to file a lawsuit in Federal court. principles, on fairness. That is what we Immigration and Customs enforcement What did they say? They said this ad- need to do. People who come to the officers, he has the Citizenship and Im- ministration is violating the laws of country illegally aren’t entitled to get migration Service. That is who is sup- America and the Constitution by di- child tax credits. I would think cer- posed to be enforcing our immigration recting them not to enforce the laws tainly not for children who don’t exist. law. He will not say that with clarity they had sworn to uphold. The Federal Nobody is going out and checking to and he will not communicate it with judge was very sympathetic with them. see if children are in the home. They clarity. He eventually ruled there was not are just claiming this. The numbers Vice President BIDEN supposedly standing for this lawsuit to proceed, have surged in recent years. The in- made a statement in Central America but he was very sympathetic with the spector general expressed great con- about it. It was weak. It just was not merits of their claim because that is cern about that—how it went from $1 strong. What is it? Do they want the il- exactly what has happened. billion to $4 billion. That is a lot of legality to continue? Do they believe in We have a situation where the Presi- money, $4 billion in 1 year, subsidizing, open borders? This Congress, this Sen- dent of the United States, based on the encouraging further illegal entry into ate is about to recess having done not DREAM Act—the idea that we would America. one thing about it, and the humani- provide legal status to everybody who The first thing any country ought to tarian crisis continues on the border. was brought here under, I think, 18, do to control its borders, its sov- These children, some of them are that we would provide basically a legal ereignty, its legal integrity, is not to young. Some of them are 16, 17, 18, 19, status and a pathway to citizenship— provide financial benefit to people who 20, 21, and they claim to be 17. Who that bill came up before the Senate and violate the law and then give them knows. They are not carrying birth has been voted down three times by the benefits that are unlawful. That is be- certificates with them. It is creating Senate. yond comprehension. an incredible crisis. One reporter said So what did the President do? He di- I want to say to my colleagues, the the Border Patrol, instead of enforcing rected that the law not be enforced as last few weeks it is becoming more and the law, are changing diapers. This is a to them, even though the law remains more clear that we have chaos at the very dangerous situation. Our entire on the books. That is part of the mes- border—all a direct result of the Presi- legal system is crumbling about us, sage that was heard in Central Amer- dent and his administrative officials and the chief law enforcement officer ica, and that is encouraging people to who have told the world we have no in- in America—the President—alone is come unlawfully to America. tention, basically, of deporting people the one who can bring order to it. So we are not against immigration. who enter the country unlawfully, par- The Secretary of Homeland Security We do need a certain number of farm- ticularly the young people. And has works for the President. If he does not workers. We do need and will accept that been heard? Have people around get on it, he needs to be out of there. validated people who come with skills the world heard what has been said? The President needs to say: Get this who are ready to go to work. We should Yes. And they are coming in unbeliev- thing under control. What are we pay- do that, and we have a generous policy, able numbers, creating a humanitarian ing you for? but we should not be doubling it, as the crisis, creating a crisis of law for What about the officers and agents? Gang of 8 bill did. We just do not have America, and creating a financial cri- What do they think? Our officers and the jobs for them. If we had low unem- sis. The President’s Fiscal Year 2015 agents are stunned. There is report ployment, rising wages, and a shortage Budget request $868 million for the Un- after report of senior officers saying of workers, I think we could justify a accompanied Alien Children program they have never seen anything like generous immigration policy perhaps at HHS. Now that cost is expected to this. It is a direct result of the incon- but not now. Canada is not doing this. be $2.28 billion, based on the numbers sistent message we are sending. They England is not doing this. They are re- today. In 2011 there were 6,000 appre- are saying a message is only part of the ducing, right now, the number of peo- hended children trying to come into solution. It has to be backed up with ple who are allowed into their coun- America illegally. This year they say it words. tries. They feel an obligation to see could reach 90,000 or higher. 90,000 from So how is it happening today? A child that their people get the jobs first. 6,000? It is a direct result of the unwill- and an adult cross the border. What are The whole matter is disturbing to ingness of President Obama to look the they doing today? They are going me, that we are at a point where the American people in the eye, tell the straight up—this is, I know, hard to be- law is not being enforced properly in people throughout the entire world: We lieve—they go straight to the Border this country. believe in immigration. We have a law- Patrol officer and turn themselves in. f ful system of immigration. Please What does the Immigration officer do? apply. Wait your turn. If you qualify, He takes them into custody. If they RECESS APPOINTMENTS you will be able to come to America, have a child, the adult has to stay with Mr. SESSIONS. Mr. President, today, and we are going to do it fairly and ob- the child, and then they put them in a a unanimous Supreme Court ruled jectively and treat everybody with re- shelter. Then they give them a hearing against the President’s unconstitu- spect, but do not come unlawfully. Do date. The hearing date is down the tional recess appointments in a dra- not give money to some smuggler. Do road. They have a backlog. So what do matic repudiation of the White House’s not attempt to sneak over our border they do then? They release them. They position. Nine to zero they ruled. It across the desert and place your lives allow them to go someplace where was an obvious decision, in my opinion. at risk because it is against our law, somebody will take them in, which is It was breathtaking that the President and we will apprehend you and we will what they desire to begin with. Then of the United States would appoint promptly deport you and you will lose they are told to appear at court at members to the National Labor Rela- all the money you have invested in this some given date in the future. tions Board who have to come before effort. Just do not do it. Nobody is going to investigate if they the Senate for confirmation under the They refuse to say that with clarity. do not show up, or to see where they Constitution—we have the advice and Secretary Johnson was before the Judi- are, and there is nobody to investigate consent authority—and he did not want ciary Committee and I asked him it. We are talking about a huge in- to do that, so he just appointed them about it. He almost refused to say: crease—by tens of thousands—of people and claimed we were in recess. We were

VerDate Mar 15 2010 04:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.074 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 26, 2014 CONGRESSIONAL RECORD — SENATE S4131 not in recess. It was not a close ques- pend immigration enforcement and has we need to control this border and en- tion. He just did it. So it took over 2 sent the signal to the world that our force the Nation’s laws in a fair and eq- years of a lawsuit, and finally the Su- borders are open and that if you get uitable way that allows generous im- preme Court has now ruled. A lower here unlawfully and borough in, you migration to America, that treats peo- court ruled against the President some will be able to stay here. ple fairly and decently, but is not an months ago. The President clearly and As former ICE Director John open border, where people can come by deliberately violated article II of the Sandweg said: ‘‘If you are a run-of-the- the tens of thousands unlawfully. Constitution in circumventing the ad- mill immigrant here illegally, your How can any of us relax at an Inde- vice and consent clause. odds of getting deported are close to pendence Day barbeque next week At the time of these appointments, zero.’’ knowing at this very moment the Na- the Senate had determined it was not I asked Homeland Secretary Johnson tion’s sovereignty is being eroded? I in recess. We determined we were not about this during his testimony, to say think we have failed in our session. We in recess, and the Court affirmed that clearly to the world: Do not come un- have not responded to the crisis that is determination. The question of wheth- lawfully. You must follow the laws of on our border. We could have made real er the Senate is in session is up to the the country. If you come unlawfully, progress. But there is a lack of will and Senate, not the President. So the you will be sent back home. He refused a lack of willingness to act. I am dis- President has to yield to the Senate’s to even say that in my presence with appointed to see that fact. authority to determine its own rules any clarity. I yield the floor. and procedures. This is basic law, it Here is what the New York Times re- The PRESIDING OFFICER. The Sen- seems to me. ported on April 10: ator from Vermont. Unfortunately, the President has With detention facilities, asylum offices f made it clear that he will only follow and immigration courts overwhelmed, enough migrants have been released tempo- VETERANS HEALTH CARE the letter of the law when it is not an rarily in the United States that back home Mr. SANDERS. Madam President, as impediment to whatever agenda he has in Central America people have heard that chairman of the Senate Veterans’ Af- at the time. those who make it to American soil have a fairs Committee, I would hope that Just today, the White House dis- good chance of staying. ‘‘Word has gotten every American understands that the played again its lack of respect for our out that we’re giving people permission and cost of war does not end when the last constitutional traditions. In a rather walking them out the door,’’ said Chris shots are fired or when the last mis- brazen display of candor, the new Cabrera, a Border Patrol agent who is vice siles are launched. The cost of war con- White House spokesman today ex- president of the local of the National Border Patrol Council, the agent’s union. ‘‘So tinues until the last veteran receives plained the administration’s rationale they’re coming across in droves.’’ the care and benefits he or she has for moving unilaterally to rewrite That is exactly what has happened. It earned on the battlefield. America’s immigration laws. Here is is a national tragedy. It is a human War is an incredibly expensive propo- what Josh Earnest had to say. Hear tragedy for those children. It is costing sition in terms of human life, human me, colleagues. This is a direct threat them money, placing their lives at suffering, and in financial terms. In my to the integrity of our constitutional risk, and we are not able to handle very strong view, if we are not pre- separation of powers. It is not far dif- them effectively. pared to take care of those men and ferent from what the President said be- Colleagues, I have a timeline over 17 women who went to war, then we fore, but it was today. pages long of the ways systematically should not send them to war in the [W]e’re not just going to sit around and this administration has ignored or sim- first place. Taking care of veterans is a wait interminably for Congress. . . . ply suspended immigration law by cost of war, period. How about that: We are not going to issuing orders to the officers not to do In terms of Iraq and Afghanistan, the sit around and wait on Congress. We do their duty essentially. human cost of those wars is almost not have to fool with Congress. So 1 week before the Fourth of July 7,000 dead. The cost of war is 530,000 We have been waiting 1 year already. holiday, America cannot even protect veterans seeking care at the VA in 2013 The President has tasked his Secretary its own borders, and what do our Demo- for post-traumatic stress disorder, not of Homeland Security Jeh Johnson cratic colleagues wish to do? They to mention those struggling with trau- with reviewing what options are avail- want to adjourn this Chamber, go home matic brain injury. able to the President, what is at his to their barbecues, work on their re- The cost of war is too many service- disposal using his Executive authority election campaigns, and promise while members coming home with missing to try to address some of the problems they are home they are fighting to end arms and legs, lost eyesight, or lost that have been created by our broken the lawlessness at the border, while hearing. The cost of war includes vet- immigration system. doing nothing, while actually doing erans each day dying by suicide, high So this is about as close as you can nothing but objecting to legislation rates of divorce, wives trying to rebuild get to an open admission that the ad- that would make a real difference. their lives after losing their husbands, ministration does not believe it has an I see my colleague Senator SANDERS kids growing up in one-parent homes, obligation to follow the law. You can- and I will wrap up. and a too high rate of unemployment not just eviscerate whole code sections I believe we were elected, colleagues, for returning servicemembers. Those of the law claiming that you have au- to protect this country and its people are some of the real costs of war that thority to decide what you want to and the laws of our country. A critical this Congress cannot ignore. prosecute and what you do not. Jona- component of national sovereignty is a Several weeks ago, Senator MCCAIN than Turley, the great law professor, control over your borders. We have and I hammered out an agreement has hammered this idea. He is a liberal. passed immigration laws that are on which I think goes a significant way to He voted for President Obama in 2008. the books and not being enforced. We address many of the serious problems He has hammered this idea. This is an on the Republican side have opposed facing the VA. I am very proud that abuse of Executive power. immigration laws that would reduce the Sanders-McCain bill passed the We are seeing the results of this on the illegality that cannot even see the Senate with overwhelming bipartisan our borders right now. In 2011, we had light of day on the floor of the Senate. support, with a vote of 93 to 3. In terms 6,000 illegal immigrant youth from So I am asking my colleagues, we of funding, very importantly, by a vote Central America apprehended. This ought to stay here. Why do we not stay of 75 to 19, an overwhelming vote, the year, we may hit more than 90,000. here and work on this crisis? I intend Senate made it crystal clear that the Next year, projections are as high as to request that we do so—and have current crisis in the VA, the crisis fac- 130,000, costing billions of dollars to done so—and offered unanimous con- ing veterans who are not getting take care of them. That would be more sents to bring up legislation that would health care in a timely manner, is an than a 2,000-percent increase. help improve the situation. But that emergency and should be paid for The President’s policies are directly has been objected to. through emergency funding. I am very responsible for this crisis. They just Our taxpayers are overstressed. If we proud that in a bipartisan way the Sen- are. He has acted unilaterally to sus- want to get this country back on track, ate made that important vote.

VerDate Mar 15 2010 04:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.076 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4132 CONGRESSIONAL RECORD — SENATE June 26, 2014 In the last 4 years we have seen a sig- strengthen the VA health care system so to ensure that quality care is available nificant increase in the number of vet- that it remains capable of providing a full in the VA for years and decades to erans utilizing VA health care. In addi- continuum of high-quality, timely health come. tion, many of our other veterans from care to all enrolled veterans . . . I have heard a lot of criticism of the World War II, Korea, and Vietnam re- Then the letter continues: VA. Much of that criticism is valid. quire a greater amount of care as they Unless the legislation simultaneously sets But when we talk about VA health age. VA on a path to intelligently strengthen care, we must put it in the context of health care delivery, expand access and ca- Further, a recent VA audit revealed pacity, reallocate resources and ensure that health care in the United States of that more than 57,000 veterans are on overall VA funding matches its mission, the America. Does anyone seriously believe too-long waiting lists in order to be current problems confronting VA and vet- the VA is the only health care institu- scheduled for medical appointments. erans will inevitably recur. tion in America that has problems? It In addition to that, there are many In other words, what they are saying is absolutely the case that not every- other veterans who were never put on a is that unless we strengthen the VA, body outside of the VA gets timely, list in the first place, which is what give them the staffing and the space quality, affordable health care. That is this whole scandal is largely about. they need, this problem of waiting peri- just not the reality. Clearly, these waiting lists and vet- ods of time will continue. In order to Today some 40 million Americans erans not getting care in a timely man- address the long waiting periods, the have no health insurance. According to ner are unacceptable and must be dealt Senate legislation says to veterans a Harvard study of a few years ago, with immediately, not 6 months from around the country that if you cannot 45,000 Americans die each year because now, not a year from now, not in a get into a VA facility in a timely man- they do not get to the doctor when great debate about national priorities. ner, you will be able to get the care they should. That is outside of the VA. This is a crisis which must be dealt you need outside of the VA. That But it is more than that. Let me read with now. I could not agree with Sen- means access to private doctors, com- you a few headlines from the last cou- ator JOHN MCCAIN more when he said munity health centers, or Department ple of weeks. I make this point not to on the Senate floor during this debate: of Defense or Indian Health Service fa- argue the whole health care debate If there is a definition of emergency, I cilities. again but to say that anyone who would say that this legislation fits that. It is Furthermore, what the bill says is to thinks it is only the VA that has an emergency. It is an emergency what is veterans who live 40 miles or more health care problems does not under- happening to our veterans and the men and stand what is happening with health women who have served this country. We from a VA facility, that if they choose, need to pass this legislation and get it to they also have the option of seeking care in America. conference with the House as soon as pos- care outside of the VA. Here is a quote from a few weeks ago. sible. Just as the letter from the veterans A report released Monday by a respected Senator MCCAIN is right. I concur service organizations articulated, it is think tank— with what he said. We need to get this critical to address the current waiting That is the Commonwealth Fund. legislation moving as soon as possible period crisis. But we also have to make —ranks the United States dead last in the and get it to the President’s desk. Vet- sure that that crisis does not continue quality of its health care system when com- erans in this country must get quality to occur. We do that by providing the pared with ten other Western industrialized care and they must get that health VA the tools it needs to ensure suffi- nations. care in a timely manner. We need to cient capacity for veterans seeking Then the report further tells us that provide the funding the VA needs to ac- care at VA medical facilities. Clearly, the United States has maintained this complish that goal and do it as quickly no medical program can work unless dubious distinction while spending far as we can. we have the necessary medical staff. more per capita on health care than The simple truth is that the VA Today, the VA has thousands of va- any other country. We are spending far needs more doctors, the VA needs more cancies for health care providers. These more on health care than any other nurses, it needs more mental health vacancies, along with an untold short- country. providers, and in certain parts of this age of health care providers to meet Let me read you another headline country more space for a growing pa- the demands of veterans who want to published September 20, 2013 by tient population. That is the reality. get VA care, has a direct impact on the FierceHealthCare. ‘‘Hospital Medical Does the Veterans’ Administration ability to get veterans in the door for Errors Now the Third Leading Cause of need better management? You bet it appointments. To fill these positions, Death in US.’’ does. Does it need to be more efficient, the Senate bill provides for the hiring Medical errors leading to patient death are more accountable? Absolutely. But at of VA doctors and nurses, and it does much higher than previously thought and the end of the day, if you do not have so in an expedited fashion by ensuring may be as high as 400,000 deaths a year, ac- the doctors and the nurses and the VA’s hiring efforts are not hamstrung cording to a new study in the Journal of Pa- medical staff you need, there will con- by Federal bureaucracy. tient Safety. tinue to be waiting lines unacceptably During the discussion of VA health I mention all of this to make clear long and veterans will not get the care care, let us not forget that today alone that the VA, of course, has its prob- they need. some 230,000 veterans will walk in the lems. Our job is to strengthen the VA, I received, as did the chairman of the doors of VA facilities for health care— to provide better accountability, to House Veterans’ Affairs Committee, a 230,000 veterans today, 6.5 million vet- make sure that incompetent and dis- letter on June 17 which was signed by erans in a year. While it is absolutely honest people are not working in the virtually every major veterans organi- true that not every veteran is satisfied VA. But we also have to make sure the zation. That is the American Legion, by the care he or she is getting, the VA has the doctors, the nurses, and the the DAV, the VFW, the Paralyzed Vet- overwhelming majority—well over 90 other health care providers it needs in erans of America, the Vietnam Vet- percent of them—believe they receive order to provide the quality of care our erans of America, the Iraq and Afghan- high quality care. Over and over, I hear veterans deserve. istan Veterans, and many other organi- from Vermont veterans and veterans The last point I want to make. I hope zations. They made a number of very across the country who say that once very much the House will agree with important points in their letter talking they get into the system the care is the Senate that we are in an emer- about the kind of legislation we need good. gency. to pass. I want to quote from one sec- That is just not my view, it is the It is absolutely imperative that we tion of their letter, which they entitled view of virtually all of the major vet- move as quickly as possible to get the ‘‘Protect and Preserve the VA Health erans organizations and a number of funding we need so that all veterans Care System.’’ independent studies that have com- enrolled in the VA health care system Any legislative, regulatory or administra- pared VA health care with that in the get quality care in a timely manner. tive changes designed to respond to the VA private sector. We owe it to these vet- I hope very much that we don’t once health access crisis, whether temporary or erans, to our veterans, to fix the cur- again have a major debate about permanent, must protect, preserve and rent problems and bolster the system whether we are going to cut food

VerDate Mar 15 2010 04:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.077 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 26, 2014 CONGRESSIONAL RECORD — SENATE S4133 stamps or education or roads and Israel has been tirelessly looking for Gilad has five sisters, and he is de- bridges in order to fund the Veterans’ these two men since the kidnapping. scribed by them as a caring and loving Administration. When this Congress They come from families who have brother. He is the family’s only son, voted to go to war in Iraq and Afghani- broader ties to Hamas. In a telling and he has family in Los Angeles and stan, it said that it was an emergency. statement to the Times of Israel, the in New York. Gilad is witty. He loves Some of us disagreed with that, and I mother of one of the two alleged ter- to read, watch movies, and recently he don’t want to debate the Iraq war rorists claims she did not know of her finished a scuba diving course, but he again, but when Congress said it is an son’s actions, but she said she would be is also a talented cook. He enjoys bak- emergency that we go to war, well, if it ‘‘proud of him and hoped he would con- ing his sisters cakes and pastries. is an emergency that we go to war, it tinue to evade capture.’’ A mother, We don’t know where Gilad is right is more of an emergency that we take proud of her son for kidnapping three now. care of the men and women who fought school boys. Then there is Eyal Yifrah, the third in those wars. If you don’t believe that Hamas leader Khaled Mashal spoke boy kidnapped that day. He is 19 years is the case, don’t send Americans off to about the kidnappings on Monday, say- old and is the oldest of six children. He war. Taking care of veterans is a cost ing, ‘‘I bless those who did it because it is a role model for their family, and he of war. is a moral obligation to free prisoners is loved by friends who say they would I hope very much that we don’t go from Israeli jails.’’ This is a leader of like to have him as a brother. He loves back to the same old, same old of hav- Hamas now parked effectively in the sports. He should be cheering the World ing a debate where some people say: unity government of the Palestinian Cup games today—like so many other Well, if you want to fund VA health Authority blessing those who have kid- teenagers—with his friends. A gregar- care, you are going to have to cut edu- napped three school boys because this ious fellow, he likes to cook, travel, cation or cut Medicaid or cut Medicare is the kind of activity that Hamas ter- play guitar, and sing. Indeed, you can or cut some other program. That is not rorists support, the kidnapping of inno- find videos of him on YouTube singing the issue. This is an emergency. Our cent schoolchildren. a song that he himself wrote. Eyal veterans have put their lives on the Since the kidnapping, there have should be home singing again. line. Now is the time for us to defend been no pictures or videos made avail- them, and we have to get this legisla- able of the kidnapped boys. Their fami- There can be no more illusions that tion moving. lies are in the dark without any knowl- Hamas has any role in any future gov- With that, I yield the floor. edge of where their boys are or what ernment formed by the Palestinian Au- The PRESIDING OFFICER (Ms. conditions they are being held in. thority. They must not receive any fur- Rachel Fraenkel, the mother of HEITKAMP). The Senator from Texas. ther recognition or legitimization. Naftali Fraenkel, spoke before the f Hamas is a violent terrorist organiza- United Nations Human Rights Council tion ready and eager to brutalize the ISRAELI KIDNAPPING on June 24. Rachel said: most innocent. Hamas is a terrorist or- Mr. CRUZ. Madam President, I rise My son texted me—said he’s on his way ganization that kidnapped three inno- today to talk about three young boys— home—and then he’s gone. Every mother’s cent school boys. nightmare is waiting and waiting endlessly three young boys who are now in the for her child to come home. Hamas, give those boys back. hands of terrorists. This should be on She then pleaded for more action to Hamas, give those boys back now. the front page of every paper in the be taken to find the boys, concluding: United States because this is an issue The full weight of the world should We just want them back in our homes, in bear down on Hamas to give them back that is as vital to us as it is to the na- their beds. We just want to hug them . . . tion of Israel. safely and immediately. If they do not, All of us should stand with Rachel as On Thursday night, June 12, three we should use all available means to she stands with her son who has been Jewish teenagers—Naftali Fraenkel, stand unequivocally with Israel for kidnapped. however long it takes to find these Gilad Shaar and Eyal Yifrah—were kid- I also want to tell the world about napped. You can see all three of these boys and to bring them home. These these three boys. are teenagers who were targeted for boys in the photos beside me. Rachel’s son Naftali is 16 years old. Today, Thursday June 26, marks the who they are, who have done no wrong, His grandparents have lived in Brook- who have done nothing that comes 14th day of their abduction. Just imag- lyn, and Brooklyn has been a second ine if these were your children or any near to deserving what happened to home to him. He is the oldest of seven them that day while waiting at the bus child you know. Just imagine if it were children. He likes playing the guitar, stop to go home from school. your child who was kidnapped for 14 basketball, and Ping-Pong. Indeed, days and you don’t know where they there is even a video of him on It is easy for us to become desen- are or even whether they are still alive. YouTube playing Ping-Pong. I have to sitized to violence, desensitized to ter- These boys—all smart, hard-working, say he is pretty good. He is a talented rorism. It is easy for us to forget that diligent students—were taken on their and gifted student who is on track to these are three teenage boys whose way home from school. They were take the biology matriculation exams. families desperately want their boys waiting at the bus stop. They were only His teachers say Naftali is brilliant, back. I ask that all of us lift them up 5 minutes away from their school—one one of the best they have ever had, and in prayer. I pray for their safe return. of the finest yeshivas in Israel. These his mother said his personality is a de- I pray they will soon be home with the boys weren’t doing anything wrong. lightful combination of both serious families who so dearly love them and They are innocent schoolchildren. and fun. miss them, and I pray that God will Yet today it has been reported that Gilad Shaar, who was with Naftali cover them with a shield of heavenly Israel’s Shin Bet identified two key that day—also coming home from protection. I pray that America will suspects in the abduction. These two school—was likewise abducted. Like stand strong, will shine a light and do individuals are members of Hamas—a Naftali, Gilad is 16 years old. ‘‘Gil’’ everything possible to apprehend the vicious terrorist organization that means happiness and ‘‘ad’’ means for- terrorists and bring these boys home. seeks Israel’s destruction and has ever. His name literally means ‘‘happi- Thank you, and God bless you. launched thousands of rockets into ness forever,’’ and he is a source of joy The PRESIDING OFFICER. The Sen- Israel, killing innocent civilians. These to those who meet him. ator from Arizona. rockets have also killed dozens of His aunt Leehy Shaar, whom I had Americans in Israel. Now they have the privilege of meeting and visiting Mr. MCCAIN. I ask unanimous con- kidnapped three school boys. Sadly, earlier this week, said, ‘‘He has a smile sent to address the Senate as in morn- this is business as usual for Hamas. that brings light to the world’’—quite ing business, and I appreciate the won- This is the same terrorist organization fitting for a boy named ‘‘happiness for- derful courtesy of my friend Senator with which the Palestinian Authority ever.’’ She said, ‘‘We want him home CARL LEVIN. recently joined in a so-called ‘‘unity’’ where he belongs, with his family, who The PRESIDING OFFICER. Without government. so dearly loves him.’’ objection, it is so ordered.

VerDate Mar 15 2010 04:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.079 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4134 CONGRESSIONAL RECORD — SENATE June 26, 2014 U.S.-INDIA STRATEGIC ened dramatically during the last dec- lies and partners as well, and our col- PARTNERSHIP ade under a Republican and a Congress- lective ability to work in concert can Mr. MCCAIN. Madam President, next led government. It reached historic only magnify India’s influence and ad- week I look forward to traveling to heights with the conclusion of our civil vance its interests. India, where I look forward to meeting nuclear agreement—thanks to the bold Put simply, I see three strategic in- with Prime Minister Modi, his national leadership of President Bush and Prime terests that India and the United security team, and other Indian lead- Minister Singh. This foundation of States clearly share, and these should ers. I am excited to be returning to shared national interests has sustained be the priorities of a reinvigorated New Delhi, and I am so hopeful about our partnership under President partnership: what the Prime Minister’s election Obama, and it is the common ground First, to shape the development of could mean for the revitalization of In- on which we can build for the future as South Asia as a region of sovereign dia’s economy, its rising power, and for a new prime minister takes office in democratic states that contribute to the renewal of the U.S.-India strategic New Delhi. one another’s security and prosperity; partnership. When it comes to the national inter- second, to create a preponderance of National elections in India are al- ests of the United States, the logic of a power in the Asia-Pacific region that ways a remarkable affair. Over several strategic partnership with India is favors free societies, free markets, free weeks hundreds of millions of people powerful. India will soon become the trade, and free comments; and, finally, peacefully elect their leaders—the larg- world’s most populous nation. It has a to strengthen a liberal international est exercise of democracy on the plan- young, increasingly skilled workforce order and an open global economy that et. But even by Indian standards, the that can lead India to become one of safeguards human dignity and fosters recent election that brought to power the world’s largest economies. It is a peaceful development. Prime Minister Modi and his party, the nuclear power and possesses the As we seek to take our strategic BJP, was a landmark event. It was the world’s second largest military, which partnership with India to the next first time in 30 years that one Indian is becoming even more capable and level, it is important for U.S. leaders to political party won enough seats to technologically sophisticated. It shares reach out personally to Prime Minister govern without forming a coalition strategic interests with us on issues as Modi, especially in light of recent his- with another party. This gives the diverse and vital as defeating terrorism tory. That is largely why I am trav- Prime Minister a historic mandate for and extremism, strengthening a rules- eling to India next week, and that is change, which Indians clearly crave. based international order in Asia, se- why I am pleased President Obama in- I want Prime Minister Modi to suc- curing global energy supplies, and sus- vited the Prime Minister to visit Wash- ceed because I want India to succeed. It taining global economic growth. ington. I wish he had extended that in- is no secret that the past few years India and the United States not only vitation sooner, but it is positive none- have been challenging ones for India— share common interests, we also share theless. When the Prime Minister political gridlock, a flagging economy, common values, the values of human comes to Washington, I urge our con- financial difficulties, and more. It is rights, individual liberty, and demo- gressional leaders to invite him to ad- not my place or that of any other cratic limits on state power, but also dress a joint session of Congress. I can American to tell India how to realize the values of our societies—creativity imagine no more compelling scene its full potential. That is for the Indi- and critical thinking, risk-taking and than the elected leader of the world’s ans to decide. Our concern is simply entrepreneurialism and social mobil- largest democracy addressing the that India does realize its full poten- ity—values that continue to deepen the elected representatives of the world’s tial, for the United States has a stake interdependence of our peoples across oldest democracy. in India’s success. Indeed, a strong, every field of human endeavor. It is be- Yet we must be clear-eyed about confident, and future-oriented India is cause of these shared values we are those issues that could weaken our indispensable for a vibrant U.S.-India confident that India’s continued rise as strategic partnership. One is Afghani- strategic partnership. a democratic great power—whether to- stan. Before it was a safe haven for the It is also no secret that India and the morrow or 25 years from now—will be terrorists who attacked America on United States have not been reaching peaceful and thus can advance critical September 11, 2001, Afghanistan was a our full potential as strategic partners U.S. national interests. That is why, base of terrorists that targeted India. over the past few years, and there is contrary to the old dictates of real- Our Indian friends remember this well, plenty of blame to be shared on both politik, we seek not to limit India’s even if we do not. For this reason I am sides for that. Too often recently we rise but to bolster and catalyze it—eco- deeply concerned about the con- have slipped back into a transactional nomically, geopolitically, and, yes, sequences of the President’s plan to relationship, one defined more by com- militarily. pull all of our troops out of Afghani- petitive concession seeking than by It is my hope that Prime Minister stan by 2016, not only for U.S. national achieving shared strategic goals. Modi and his government will recog- security but also for the national secu- We need to lift our sights again. To nize how a deeper strategic partnership rity of our friends in India. help us do so, I think we need to re- with the United States serves India’s If Afghanistan goes the way of Iraq mind ourselves why the United States national interests, especially in light in the absence of U.S. forces, it would and India embarked on this partnership of current economic and geopolitical leave India with a clear and present in the first place. It was never simply challenges. danger on its periphery. It would con- about the personalities involved, al- For example, a top priority for India strain India’s rise and its ability to de- though the personal commitment of is the modernization of its armed vote resources and attention to shared leaders in both countries has been in- forces. This is an area where U.S. de- foreign policy challenges elsewhere in dispensable at every turn. No, the real fense capabilities, technologies, and co- Asia and beyond. It could push India reason India and the United States operation—especially between our de- toward deeper cooperation with Russia have resolved to develop the strategic fense industries—can benefit India and Iran in order to manage the partnership is because each country enormously. Similarly, greater bilat- threats posed by a deteriorating Af- has determined independently that eral trade and investment can be a key ghanistan. And it would erode India’s doing so is in its national interests. driver of economic growth in India, perception of the credibility and capa- It is because we have been guided by which seems to be what Indian citizens bility of U.S. power and America’s reli- our national interests that the want most from their new government. ability as a strategic partner. progress of our partnership has consist- Likewise, as India seeks to further its The bottom line here is clear: India ently enjoyed bipartisan support in the ‘‘Look East’’ policy and deepen its re- and the United States have a shared in- United States and in India. lationships with major like-minded terest in working together to end the This endeavor began with closer co- powers in Asia—especially Japan, but scourge of extremism and terrorism operation between a Democratic ad- also Australia, the Philippines, the Re- that threatens stability, freedom, and ministration in Washington and a BJP- public of Korea, Singapore, and Viet- prosperity across South Asia and be- led government in New Delhi. It deep- nam. Those countries are often U.S. al- yond. The President’s current plan to

VerDate Mar 15 2010 04:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.080 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 26, 2014 CONGRESSIONAL RECORD — SENATE S4135 disengage from Afghanistan is a step tremist group, are not just a threat to Iraq’s leaders understand the need to backward from this goal, and thus does Iraq’s security but a security challenge come together. not serve the U.S.-India strategic part- to the entire region, and indeed to the It could not only be a sign that addi- nership. United States. By its words and deeds, tional action on our part would be ef- For all of these reasons and more, I ISIL has made clear that it is deeply fective but also could be an important hope the President will be open to re- hostile to American interests and to step toward creation of a national evaluating and revising his withdrawal universal values of freedom and human unity government. plan in light of conditions on the rights. That hostility can easily trans- So far, the signs that Iraqi leaders ground. late into plans and threats against us. are prepared to take the steps they Another hurdle on which our partner- Faced by these developments, Presi- need to take are mixed at best. Prime ship could stumble is our resolve to see dent Obama’s decision to send a small Minister Maliki, who has too often gov- it through amid domestic political con- number of U.S. military advisers is erned in a sectarian and authoritarian cerns and short-term priorities that prudent. They will help assess the situ- manner, delivered a speech recently in threaten to push our nations apart. For ation on the ground, they will support which he said national unity is essen- most of the last century, the logic of a Iraqi efforts to defeat the Islamic mili- tial to confront ISIL—which is true— U.S.-India partnership was compelling, tants Iraq faces, and help the Iraqis but then he signaled little willingness but its achievements eluded us. We make best use of the intelligence sup- to reach out to other groups. A number have finally begun to explore the real port we are providing. of prominent Shia leaders portrayed potential of this partnership over the The President is right to say that the conflict in starkly sectarian terms, past two decades, but we have barely U.S. troops will not return to ground and Shia militias, including those scratched the surface, and the gains we combat in Iraq. The President is also under the control of Moktada al-Sadr, have made remain fragile and revers- right to say it is not our place to have marched through the streets of ible, as our largely stalled progress choose Iraq’s leaders, because doing so Baghdad. There is little doubt also that over the past few years can attest. is only likely to feed distrust and sus- Iran is pursuing its own sectarian If India and the United States are to picion, and there is already too much agenda in the region. Some Iraqi Sunni build a truly strategic partnership, we of that in Iraq and in the Middle East. leaders too have made statements that must each commit to it and defend it What we can do is promote moves to- promote sectarian interests over the in equal measure. We must each build ward the political unity that is so es- common good, and there are also fears the public support needed to sustain sential for Iraq if it is going to weather that the Kurdish minority may exploit our strategic priorities, and we must the crisis and make progress toward a the situation. But on the other hand resist the domestic forces in each of stable, democratic society. The prob- there have also been some signs that our countries that would turn our stra- lem in Iraq has not been a lack of di- the Iraqi leaders recognize the need to tegic relationship into a transactional rect U.S. military involvement but, confront the ISIL threat not as Sunnis one—one defined not by the shared rather, a lack of inclusiveness on the or Shia or Kurds but together as Iraqis. strategic goals we achieved together part of Iraqi leaders. That is why I be- Iraq’s most influential Shia clerk, but by what parochial concessions we lieve we should not consider any direct Ali Sistani, has called on all Iraqis ‘‘to extract from one another. If we fail in action on our part, such as air strikes, exercise the highest degree of restraint these challenges, we will fall far short unless three very specific conditions and work on strengthening the bonds of of our potential, as we have before. have been met: love between each other, and to avoid It is this simple: If the 21st century is First, that our military leaders tell any kind of sectarian behavior that defined more by peace than war, more us we have effective options that can may affect the unity of the Iraqi na- by prosperity than misery, and more help change the momentum on the tion,’’ spreading the message that by freedom than tyranny, I believe fu- ground in Iraq. In other words, only if ‘‘this army [the Iraqi Army] does not ture historians will look back and our military leaders believe we can belong to the Shia. It belongs to all of Iraq. It is for the Shia, the Sunni, the point to the fact that a strategic part- identify high-value targets—that strik- Kurds and the Christians.’’ That is the nership was consummated between the ing them could have a measurable im- message from Ali Sistani—a very pow- world’s two preeminent democratic pact on the ability of the Iraqi security erful message and a unifying message powers: India and the United States. If forces to stop and reverse the advances in contrast to the messages that should we keep this vision of our relationship of the ISIL on the ground, and that we can strike them with minimal risk of come, for instance, from Mr. Sadr. always uppermost in our minds, there The United States has national secu- civilian casualties and without drag- is no dispute we cannot resolve, no in- rity interests in Iraq, but further mili- ging us further into the conflict. vestment in each other’s success we tary involvement there will not serve Second, any additional military ac- cannot make, and nothing we cannot those interests unless Iraq begins to tion on our part should come only with accomplish together. move toward the inclusiveness and the clear public support of our friends I thank my beloved friend from unity that is necessary if our involve- and allies in the region—particularly Michigan for allowing me to speak, and ment is to have a positive impact. Put moderate Arab leaders of neighboring I yield the floor. another way, we cannot save Iraqis countries. The United States has en- The PRESIDING OFFICER. The Sen- from themselves. Only if Iraq’s leaders gaged in a comprehensive diplomatic ator from Michigan. begin to unify their nation can help effort to coordinate our response with Mr. LEVIN. Madam President, I from us really matter. thank my good friend from Arizona for Iraq’s neighbors. If our strategy is to The ISIL is a vicious enemy. It is not only his remarks but also the have the effect we want, it is essential also the common enemy of all Iraqis— thoughtfulness of his remarks on the that we have broad support in the re- of all Iraqis and of Iraq’s neighbors. If U.S.-India relationship. I listened to gion. this vicious common enemy cannot them carefully and am glad to join in Finally, and perhaps most impor- unite Iraqis in a common cause, than and look forward to his report. We have tantly, we should not act unless lead- our assistance, including airstrikes, had a historic relationship with India ers of all elements of Iraqi society— won’t matter. Only a unified Iraq gov- as the two preeminent democracies, Shia, Sunni, Kurds, and religious mi- erned by elected leaders who seek to and we have a great opportunity to norities—join together in a formal re- rule in the interest of all their people build on this relationship. I know my quest for more direct support. can stand up to this threat. friend from Arizona has contributed vi- There is an obvious need for Iraqi Madam President, I yield the floor. tally to that effort. leaders to form an inclusive unity gov- The PRESIDING OFFICER. The Sen- f ernment for their country’s long-term ator from Utah. success. But that process is likely to f IRAQ take some time, weeks or even months. Mr. LEVIN. Recent events in Iraq But a unified formal statement re- REMEMBERING HOWARD BAKER have created great concern. The terri- questing our further military assist- Mr. HATCH. Madam President, be- torial gains by the ISIL, a violent ex- ance would be an important signal that fore I begin, I want to pay tribute to

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These are ex- we refused to act as quickly as the ad- pressive leadership role as majority actly the sorts of circumstances that ministration wanted and merely leader. He was a skilled negotiator, an motivated the Founders’ concerns rubberstamp these nominees, we acted honest broker, an effective legislator, about an unchecked appointment exactly as the Constitution’s Framers and a great steward of this institution. power in the Executive. They are the had intended. And the House of Rep- I offer my deepest condolences to his very reasons the Presidential nominees resentatives wisely refused to consent wife Senator Nancy Landon Kassebaum must obtain the Senate’s consent be- to a recess of the annual session of the Baker, an incredible woman, a dear fore taking office. Senate, thereby refusing to grant the friend, and a respected colleague as The only exception to this body’s President authority to make lawful re- well. It was truly a privilege to learn power to decline its consent to a nomi- cess appointments. from and serve alongside Howard, and I nation is the President’s power ‘‘to fill I don’t relish rejecting nominees— know I am far from alone among his up all Vacancies that may happen dur- quite the contrary. Over the past 38 many friends and colleagues in missing ing the Recess of the Senate, by grant- years, I have voted for the vast major- him deeply. We miss Nancy too. It was ing Commissions which shall expire at ity of nominees from each of the six wonderful to see the two of them to- the End of their next Session.’’ But the Presidents under whom I have served gether. They cared a great deal for President’s power to make recess ap- and with whom I have served alongside, each other. He was a wonderful man, pointments is wholly contingent on including President Obama. But scruti- she is a wonderful woman, and I per- what the Constitution terms ‘‘the Re- nizing the President’s nominees and oc- sonally love both of them. We will miss cess of the Senate’’ actually occurring, casionally withholding consent when him. and the power to decide when that hap- circumstances warrant represents Con- f pens rests squarely with the legislative gress fulfilling, not abdicating, its con- branch. stitutional responsibilities. ADVICE AND CONSENT This is the obvious consequence of So when faced with our legitimate Mr. HATCH. Madam President, I rise the Senate’s constitutional power— and lawful use of the powers endowed to commend the holding of the Su- conferred in article I, section 5—to de- in the legislative branch by the Con- preme Court’s decision this morning in termine the rules of its proceedings. stitution, what did the Obama adminis- NLRB vs. Noel Canning. The Court’s And it is well supported by long- tration do? Did it seek to accommodate decision is a critical victory for the standing practice and precedent, ac- our concerns about the unconstitu- principle that we are a nation of laws, knowledged by the executive branch tional structure and unprecedented not of men. It is a vindication of the going as far back as 1790. Consider powers of the CFPB? Did the President fundamental notion that the Constitu- what would happen if the President seek to help develop a compromise tion binds us all, including even the could unilaterally determine when the package of the NLRB nominees, as Ted President, and it is a triumph for the recess of the Senate occurs. With no Kennedy and I always did? Sadly, no. rightful prerogatives of this institu- check on the President’s discretion to Instead, President Obama simply pro- tion, the U.S. Senate, the authority of declare the Senate in recess, he could claimed that he ‘‘wouldn’t take no for which has been under siege throughout employ the recess appointment power an answer’’ despite what the Constitu- the Obama years. whenever the Senate refused to give tion may say. He chose instead to use— One of the most important powers immediate and unencumbered consent or rather abuse—the recess appoint- endowed in this body by the Constitu- to his or her nominees. The advice-and- ment power to install these four nomi- tion is the requirement that nomina- consent process would become a dead nees, including two who had been nom- tions of principal officers receive the letter. The exception would swallow inated only 2 weeks before—hardly advice and consent of the Senate. The the rule, and the Senate would be de- long enough for the Senate to vet them confirmation process provides Members prived of a central tool our Nation’s thoroughly. But, of course, we were not of the Senate with a wide range of Founders specifically conferred to pre- in ‘‘the Recess of the Senate’’ that the tools—up to and including outright re- vent Executive mischief. Constitution requires to activate the fusal to confirm a nominee—in order to The Founders realized the severity of recess appointment power. Even the influence the proper execution of the this threat. They had fought royal Solicitor General admitted that a 3-day laws we pass. When aggregated, these abuses of the appointment power, as- adjournment was too short to allow the tools amount to a critical check on the serting in the Declaration of Independ- President to bypass the Senate law- workings of the executive branch. ence how the King’s government had fully. The Senate’s advice and consent rule ‘‘erected a multitude of new offices, Instead, President Obama auda- did not rise from accident—far from it. and sent hither swarms of officers to ciously claimed the power to decide for As the Supreme Court has explained, harass our people, and eat out their himself when the Senate was in recess quoting the famed historian Gordon substance.’’ As Hamilton explained in and determined that in his personal Wood, ‘‘The manipulation of official Federalist 69, ‘‘They deliberately chose opinion, our so-called pro forma ses- appointments had long been one of the not to give the President the King’s sions during this period did not really American revolutionary generation’s often-abused power to discontinue a count as sessions of the Senate, at greatest grievances against executive session of the legislature.’’ least for the purposes of the Constitu- power, because the power of appoint- So concerned were the Framers with tion’s requirements. ment to offices was deemed the most the legislature’s power to control its But during these sessions the Senate insidious and powerful weapon of 18th own sittings that the Constitution was fully capable of engaging in its century despotism.’’ gave each House the power to prevent business. Indeed, during a similar ses- The Founders’ worry about the dan- the other from adjourning for more sion the previous fall, the Senate twice gers of the Executive appointment than 3 days. In essence, the Senate and passed legislation that President power should ring true today given the House of Representatives both have Obama himself signed. We have also many of the Obama administration’s the power to prevent the recess of the used these sessions to appoint con- actions, including a radical set of Na- Senate and thereby avoid the activa- ferees, to read calendar bills, and to en- tional Labor Relations Board nominees tion of the President’s recess appoint- gage in other such activity char- who promised to tip the balance of the ment power. acteristic of the Senate operating in Board toward an extreme and divisive So when the Senate was confronted session. While the Senate planned to agenda, hurting both employers and by the prospect of an out-of-control conduct no subsequent business under employees, and a Consumer Financial National Labor Relations Board and an a unanimous consent agreement, even Protection Bureau Director nominee unchecked Consumer Financial Protec- the Obama administration admitted

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Instead, it is the In the rush to eliminate any possible means and personal motives to resist ability of the Senate to conduct busi- judicial obstacle to accountability by encroachments of the others.’’ ness if it so chooses that matters. packing the DC Circuit, the Obama ad- If this body—and constitutional gov- Faced with this reality, the Obama ministration ran roughshod over the ernment generally—are to maintain a administration even argued that the rules and traditions of this body by meaningful role in preserving liberty, Senate, by refusing to adjourn for more blowing up the filibuster. Whether we must all realize the importance of than 3 days, could not deny the Presi- through unilaterally changing the Sen- connecting the President’s unlawful dent his recess appointment power—as ate rules or abusing the recess appoint- and illegitimate attempts to assert if he was owed the opportunity to use ment power, the President and his al- power. We must use the rightful and le- this power. lies have demonstrated a willingness to gitimate constitutional authorities This argument turns basic structure work untold and permanent damage to that the Founders gave us to stand and of Presidential appointments on its the institutions of this great body and fight back. head, as if our advice-and-consent role to our constitutional system itself. This is important. This is not just a were merely an inconvenience to be With such a powerful and aggressive battle between the two sides. This is avoided rather than the organizing President, no single institution can re- not just an itty-bitty, little problem. principle of how the entire constitu- store the constitutional checks on This is one that has thwarted the in- tional process is designed to work. The President Obama’s often lawless exer- tentions of the Founders to have three Constitution does not create in the cise of power. Restoring constitutional separated powers, each with its own President an endlessly flexible power government will require great effort by duties and responsibilities, not in- to bypass Congress when he disagrees all of us: The courts, the Congress, and fringed by the other powers that dis- with us. In fact, it does exactly the op- most importantly the voting public. regard the duties and responsibilities posite: It vests in Congress both the That is why it is essential for my col- of the legislative branch. power and the responsibility to resist a leagues on both sides of the aisle to I suggest the absence of a quorum. The PRESIDING OFFICER. The President’s ill-advised policies and Ex- stand and defend the institutional pre- clerk will call the roll. The assistant ecutive overreach. rogatives of the Senate. That is every legislative clerk proceeded to call the The actions and arguments advanced Senator’s sworn duty under the Con- by the Obama administration represent roll. stitution. Mr. REID. Madam President, I ask a direct assault on the Constitution’s Many of my colleagues—even those unanimous consent that the order for division of powers between the dif- with whom I rarely agree—have the po- the quorum call be rescinded. ferent branches. This brazen power tential to be great Senators, worthy The PRESIDING OFFICER. Without grab takes President Obama’s already stewards of this institution, zealous objection, it is so ordered. audacious overreach to a new level. guardians of its prerogatives and true I applaud the Supreme Court’s will- defenders of its role in our constitu- f ingness to fulfill its constitutional ob- tional system of government. CONGRATULATING MEREDITH ligations and check this abuse of power Sadly, whether blinded by partisan MELLODY by the White House. While I agree most loyalty to the President or too inexpe- Mr. REID. Madam President, it is al- with the reasoning of Justice Scalia’s rienced to understand the Senate from ways rewarding to see people go on to concurrence, which respects the fixed any other perspective than having a bigger and better pursuits in their ca- and discernible meaning of the Con- like-minded Senate majority and reers, unless, of course, we depend on stitution’s text and its controlling President, my colleagues on the other them. And for almost my entire time power, the unanimous nature of this side of the aisle have allowed—even fa- as majority leader here in this body, decision reflects just how egregious the cilitated—this administration’s at- one of the people I have depended on is President’s action was. tempts to break down the constitu- Meredith Mellody. Isn’t that a great But those of us who care about tional checks on Executive power. Bob name, Meredith Mellody. She has been checking the Obama administration’s Byrd must be rolling over in his grave. an important part of the Democratic overreach cannot place our faith in the He would never allow the Senate’s floor staff for that entire time. courts alone, although they must play power to be as diluted and dissipated as For 8 years she has been here in the an important role. Too often this ad- it has been during this Presidency. He Senate, working late hours on the ministration has been crafty in imple- would have stood up to them. He would floor, sending me, among other things, menting its breaches of the law to have taken the Senate’s prerogatives the wrapup—she did that for a while— avoid judicial review, frequently struc- and made them very clear to this what happened during the day. It is te- turing its overreach to prevent any President and anybody else who tried dious, but it is important, and we did it plaintiff from having any legal stand- to invade the Senate’s prerogatives— every day. She has been in the cloak- ing to sue in court. This White House and I might add constitutional prerog- room making sure the wheels of this has even used its role in the legislative atives at that. body continue turning. She comes from process to advance provisions that We must all realize what is at stake. a political family. She comes, as I re- eliminate the potential for judicial re- This is not some petty turf war. As call, from Scranton. view, as it did in Dodd-Frank. And Madison warned in Federalist 47, ‘‘The Anyway, I am grateful for her hard when the courts have found legitimate accumulation of all powers, legislative, work and her dedication over the occasion to scrutinize President executive, and judiciary, in the same years. We all depend on her and have Obama’s overreach, the administration hands, whether of one, a few, or many, depended on her, and we are very has often fought to keep litigants out and whether hereditary, self-appointed, thankful for her service. of court, as in the Fast and Furious or elective, may justly be pronounced She is leaving the Senate to pursue litigation. the very definition of tyranny.’’ opportunities in the private sector, and Perhaps most disturbing is what hap- To disregard this central principle of that is important. But the main reason pened with the DC Circuit, the second constitutional government is to abol- she is leaving—that I don’t question, most important court in the land that ish the barriers protecting us from ar- anyway, recognizing this is very impor- oversees our massive regulatory state, bitrary government action and to un- tant to her, and it is probably one of the court that originally held the dermine the rule of law. the most important things she has ever President’s appointments unconstitu- We in the Congress should make no done—if not the most important—she tional. When the DC Circuit tried to apology for protecting the legal prerog- is going to get married. I have already hold the Obama administration ac- atives of the body in which we serve, congratulated her. countable to the law and the Constitu- for as Madison counseled in Federalist But it is really sad to see these peo- tion, President Obama and his allies 51: ‘‘[t]he great security against a grad- ple who have become a part of our fam- sought—in their own words—to ‘‘switch ual concentration of the several powers ily go. She is going to be successful in

VerDate Mar 15 2010 04:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.086 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4138 CONGRESSIONAL RECORD — SENATE June 26, 2014 her future endeavors in the private sec- The humanitarian crisis at the bor- publicans, should have the courage to tor. der is growing, and we have a moral vote. House Republican leaders cast I certainly wish you, Meredith, the duty to address it. I was glad this body aside partisanship and showed their best in the future. You are a wonderful came together last year to support my courage last year by bringing the person. You are kind, thoughtful, and bipartisan Trafficking Victims Protec- Leahy-Crapo Violence Against Women considerate always. You are never rude tion Reauthorization Act, which in- Act to the floor. They should do so to anyone. And the pressure that is on cluded important new provisions to im- again today. each of you to do this yesterday, do it prove the treatment of unaccompanied Legislating is about making tough right now, and do it sooner than you children at our border. This vital legis- choices. It is not about standing on the are capable of doing it—you have al- lation, signed into law as part of the sidelines and complaining that this so- ways been polite and never rude to Leahy-Crapo Violence Against Women lution is not perfect. It is about sup- anyone. Reauthorization Act of 2013 provides porting efforts that move this country So I am grateful to you for your serv- additional advocates and support for forward. The bipartisan legislation we ice to the Senate and, in doing that, the unaccompanied youngsters who passed had the support of businesses, your service to the country. come to our border often fleeing vio- community and faith leaders. It re- I note the absence of a quorum. lence and abuse in their country of ori- ceived support from groups ranging The PRESIDING OFFICER. The gin. I was proud when the Republican- from the chamber of commerce and clerk will call the roll. controlled House voted overwhelm- Americans for Tax Reform to law en- The assistant legislative clerk pro- ingly to support these important pro- forcement, university presidents, civil ceeded to call the roll. tections for unaccompanied minors. rights groups, and community advo- Mr. REID. Madam President, I ask But they address just one piece of a cates. Voices from across the Nation unanimous consent that the order for rapidly growing problem. To truly ad- and the political spectrum came to- the quorum call be rescinded. dress the crisis we are seeing today, gether in support of enacting long- The PRESIDING OFFICER. Without the Republican House must act to pass overdue reforms. objection, it is so ordered. bipartisan and comprehensive immi- I have been privileged to serve in this f gration reform. great body for nearly four decades be- Those Republican critics who claim MORNING BUSINESS cause of the trust of the people of we must first secure our border before Vermont. In my time here, I have rare- Mr. REID. Madam President, I ask the House will vote on immigration re- ly seen such commitment to an issue unanimous consent that the Senate form should actually read the bipar- as I did last year to comprehensive im- now proceed to a period of morning tisan Border Security, Economic Op- migration reform. What was initially a business, with Senators permitted to portunity, and Immigration Moderniza- proposal from the so-called Gang of 8 speak therein for up to 10 minutes tion Act that the Senate passed last went through an extensive committee each. year. The bill would double the number and floor process to allow every Sen- The PRESIDING OFFICER. Without of Border Patrol agents and authorize ator to offer their input. The result objection, it is so ordered. the completion of a 700-mile wall at the was an historic bill supported by 68 f southern border. This language was a Senators from both sides of the aisle. I Republican demand during Senate con- congratulate those Senators for their IMMIGRATION REFORM sideration of the legislation. While I ANNIVERSARY hard work to pass this historic legisla- did not agree with it, I voted to author- tion. They share my belief that the sta- Mr. LEAHY. Madam President, one ize this so-called border surge because I tus quo is not an option. President year ago tomorrow, the Senate came supported the broader reform that Obama, who has called the crisis at the together to pass historic legislation to would do so much for the families and border an ‘‘urgent humanitarian situa- reform our broken immigration sys- DREAMers who contribute to the fab- tion,’’ knows that maintaining the sys- tem. We did so with a strong bipartisan ric of this Nation. Border security tem we have in place today is not an vote and after weeks of exhaustive measures take up an entire title of the option. We need a long-term plan to ad- work. The Border Security, Economic legislation, allocating billions of dol- dress the many problems in our immi- Opportunity, and Immigration Mod- lars to border security in addition to gration system and to ensure that in ernization Act would unite families, the considerable expenditures already the future we have the tools to address spur the economy, and help protect our authorized by existing law. Those crises like the one we are seeing now. borders. Above all else, this historic measures are reinforced by ‘‘triggers’’ That solution lies in passing the Sen- legislation would create an immigra- that must be satisfied before undocu- ate immigration bill. tion system that is worthy of our mented individuals may apply for per- There is still time this year to ac- American values. manent residence under the bill. These complish meaningful and historic re- Today, our system does not reflect issues were hard-fought in the Senate, form. I urge Republican leaders in the the values we hold as a nation. It is and the result was legislation that dra- House not to waste another day and to devastating that after 1 year, the matically reshaped the landscape for bring up the bipartisan Border Secu- House has yet to pass desperately need- border enforcement. So I say again, rity, Economic Opportunity, and Immi- ed immigration reform. The cost of in- those who claim we must secure our gration Modernization Act. action is all around us, from the mil- border before passing immigration re- lions of workers who are forced to live form should look at the bill this Senate f in the shadows without fully contrib- passed with broad bipartisan support a uting to our economy, to the foreign- year ago. born students who are taking their Americans have seen too much inac- ECUADORAN AMAZON OIL skills overseas when they graduate in- tion in Washington. The issue before us DRILLING stead of investing their talents here, to is too important to simply put off for Mr. LEAHY. Madam President, I the uncertainty that continues to another time. Just as House Repub- wish to call attention to a recent deci- plague our agricultural and dairy in- lican leaders set aside partisanship to sion by the Ecuadoran Government to dustries because of unstable work visa do what is right by passing the Leahy- issue a permit for oil drilling in the programs. Families are being torn Crapo Violence Against Women Act, Yasuni reserve in the Amazon region. apart by deportations, and visa appli- they should again recognize that a ma- This should raise alarm bells in the cants around the world find themselves jority of the Chamber supports passing international community for a number stuck in limbo because of our lengthy comprehensive immigration reform. of reasons. visa backlogs. However, nowhere is the Immigration reform should not be held It was not long ago that President cost of inaction more evident than in back due to partisan caucus rules that Correa was supporting a lawsuit the faces of the young children sleeping say only legislation supported by the against Chevron, citing contamination on cold floors in detention centers on majority of Republicans can be consid- that resulted from oil exploration by our border. ered. All Members, Democrats and Re- Texaco, the previous owner of the

VerDate Mar 15 2010 04:43 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.088 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 26, 2014 CONGRESSIONAL RECORD — SENATE S4139 wells, in the Amazon region of Ecua- cigarette smoking among U.S. high gummy bears, chocolate treat, and dor. That case, while fraught with alle- school students has dropped to the low- cherry crush. In the face of this mount- gations of corruption and ethical viola- est level in 22 years. According to the ing evidence, rather than accelerating tions, shone a spotlight on the undeni- National Youth Risk Behavior Survey, its efforts, the FDA bowed to industry able environmental damage, water con- the percentage of students who re- pressure last week and extended the tamination, and health problems asso- ported smoking a cigarette in the last comment period on its proposed regula- ciated with those oil wells, as well as 30 days fell from 27.5 percent in 1991 to tions. Every day, 3,200 kids smoke their on the rich biodiversity and indigenous 15.7 percent in 2013. In Illinois, the per- first cigarette. Every day that the FDA populations in that region. centage of students who are current fails to take action costs lives. But the Correa administration has smokers dropped by more than half be- As we move to protect kids from new now backstepped, deciding to allow the tween 1993 and 2013. threats like e-cigarettes, we also have state-run oil company Petroamazonas The FDA’s implementation of this to redouble our fight against tobacco to begin exploratory drilling. Given the law is incomplete, and it needs to act use in the military. Nearly 30 years history, one can only be concerned now to reverse worrying trends. The have passed since the first Department about the threat this poses to one of CDC reports that e-cigarette use of Defense report on high rates of to- the most biologically diverse regions in among middle and high school students bacco use among servicemembers and the world and the people who live more than doubled in 1 year, from 2011 its devastating impact on readiness, there. to 2012. The same study found that one productivity, and medical costs. While I am also disappointed by the cir- in five middle school students who re- overall rates of use have declined sig- cumstances leading up to the decision ported using e-cigarettes had never nificantly, smoking rates among serv- to begin oil production. Having failed tried conventional cigarettes. E-ciga- icemembers are nearly 20 percent high- in its far-fetched attempt to elicit con- rettes could be a gateway to nicotine er than civilian rates. The use of tributions from the international com- addiction and smoking. A new study smokeless tobacco is more than 450 munity in exchange for halting plans released in the JAMA Pediatrics goes percent higher for servicemembers than civilians. One in three military to drill in the reserve, the Correa ad- even further. This study found that smokers began doing so after enlisting. ministration is moving ahead with this middle and high school students who The Department of Defense spends used e-cigarettes were more likely to ill-conceived project. In other words, if more than $1.6 billion every year on to- smoke traditional cigarettes and less someone else won’t pay to prevent the bacco-related medical care and lost likely to quit smoking. If current Ecuadoran Government from poten- days of work, and the VA spends an ad- smoking trends continue, 5.6 million tially despoiling their own forests, ditional $5 billion a year to treat American kids will die prematurely they will drill there themselves despite chronic obstructive pulmonary disease, the grave problems that occurred in from a smoking-related illness. I commend FDA for its most recent primarily caused by smoking. the past. In 1993, after reading about the dan- efforts to bring e-cigarettes, cigars, Nobody questions Ecuador’s need for gers of secondhand smoke, CAPT Stan- pipes, and other forms of tobacco under energy. Nobody doubts Ecuador’s right ley W. Bryant, commander of the to drill for oil. But we all have a re- its authority. However, FDA’s proposed U.S.S. Roosevelt, declared that his ship sponsibility to protect areas especially regulations remain dangerously silent would be smoke-free. He said, ‘‘I’m the rich in biodiversity for future genera- on one of the most pressing questions commanding officer of these kids and I tions. We also have a responsibility to of all—the marketing of these addict- can’t have them inhaling secondhand respect vulnerable indigenous cultures. ive products to children. smoke. I wouldn’t put them in the line In April, ten of my congressional col- While no country, including the United of fire. I’m not going to put them in leagues and I released a report docu- States, can claim perfection in envi- the line of smoke.’’ Captain Bryant is menting how leading e-cigarette manu- ronmental stewardship, we need to col- one of many leaders in our Armed lectively learn from our mistakes and facturers are marketing e-cigarettes to Forces who have tried to protect the avoid repeating them. young people. The industry is deploy- men and women under their command ing the same advertising techniques it f from the dangers of tobacco, but at used to hook previous generations of FAMILY SMOKING PREVENTION every turn, their efforts have come cigarette smokers. Many of these com- under fire from the tobacco industry Mr. DURBIN. Madam President, I panies hired glamorous celebrities to and its allies. Even Bryant’s victory rise to mark the 5-year anniversary of push their brands through TV and was short-lived. Within the year the to- the Family Smoking Prevention and radio ads, and sponsored events with bacco industry forced in a new tobacco Tobacco Control Act. This legislation heavy social media promotion. For ex- policy that stripped ships’ captains of was a landmark in the decades-long ample, NJOY advertised its products their authority over ships’ stores and fight against the No. 1 cause of pre- during the Super Bowl, the Academy mandated that cigarettes be sold on ventable death in the United States— Awards, and on ESPN—all programs ships. tobacco use. with substantial children and teen One of the central problems is the The Family Smoking Prevention and viewership. In just 2 years, from 2012 to widespread availability of cheap to- Tobacco Control Act passed in 2009—15 2013, 6 of the surveyed companies spon- bacco products on military installa- years after Dr. Kessler, the FDA Com- sored or provided free samples at 348 tions and ships. The Department of De- missioner, began trying to regulate to- events—many geared toward youth au- fense policy requires that exchanges bacco and 45 years after the Surgeon diences. set tobacco prices 5 percent below the General’s landmark report on tobacco These e-cigarette companies have lowest local competitor. In practice, use and lung cancer. For the first time even revived cartoon characters in a these discounts are greater. A 19-year- in history, this law gave the FDA the way that calls to mind Joe Camel—the old soldier walking into a PX can buy authority to regulate the manufac- deadliest cartoon of the 20th century. a pack of Marlboro cigarettes for 25 turing, marketing, and sale of tobacco While many of these companies argue percent less, on average, than at the products. that they do not market to children, a nearest Walmart, according to a recent One express aim of the law was to re- robust analysis recently published in study in JAMA. These discounts are duce rates of tobacco use among chil- the journal Pediatrics suggests other- deadly. Extensive research shows that dren. The law achieved this by restrict- wise. Between 2011 and 2013, exposure raising tobacco prices is one of the ing sales to minors, banning flavored to e-cigarette marketing by children most effective ways to reduce use. Ef- cigarettes, banning tobacco-brand aged 12 to 17 rose 256 percent. Mr. forts to end these discounts began in sponsorships of sport and entertain- President, 24 million children saw the late 1980s, but nearly every at- ment events, banning free samples, re- these ads. Not only is the marketing tempt has been blocked due to industry stricting advertisements to children, and packaging intended to appeal to pressure. and more. young people, so is the product itself. This spring, Navy Secretary Ray The results speak for themselves. Let me read a list of e-cigarette flavors Mabus announced that he is consid- Just this month, the CDC reported that being marketed today—vivid vanilla, ering a ban on tobacco sales at all

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But fueling much of the vio- business in my home State of Illinois. hear that Secretary of Defense Chuck lence is a bloody contest for control of For example, Intel has created its Hagel was conducting a Department- these vast mineral resources. first conflict-free computer chip, while wide review of tobacco sale policies. I Most people probably don’t realize still using responsibly sourced min- urge Secretaries Hagel and Mabus to that many of the products we use and erals from Congo, and took its report- set concrete goals, policies, and wear every day, from automobiles to ing a step further by voluntarily sub- timelines—starting with an end to our cell phones and even our wedding mitting it to third-party audits. Under these discounts that cost lives just as rings, may use one of these minerals— the Conflict-Free Smelter program, the surely as do wars. and that there is a possibility it was number of international smelters oper- The Tobacco Control Act is one of mined using forced labor from an area ating free from conflict minerals con- this administration’s greatest legacies. of great violence. tinues to grow, with almost 90 smelt- I urge the administration to continue We can not begin to solve the prob- ers—40 percent of the world’s total its leadership by protecting children lems of eastern Congo without tackling smelters—being certified as conflict- from e-cigarettes and our men and a key source of funding for armed free and over 150 companies and indus- women in uniform from the harms of groups, which is the mining of conflict try associations participating in the smoking. minerals, including tin, tantalum, program. After being refined, the ori- f tungsten, and gold. We as a nation and gins of the material become difficult to as consumers, as well as industries track, as these smelters purchase ma- CONGO that use these minerals, have a respon- terials from a variety of sources. The Mr. DURBIN. Madam President, I sibility to ensure that our economic smelter or refiner therefore represents rise today to talk about what this Con- activity does not support such vio- a critical point in the supply chain gress did to help one of the world’s lence. where we can look for assurances about most forgotten yet most deadly con- NGOs like the Enough Project have whether or not the material has been flicts—that in the Democratic Republic led the way in informing the American purchased from conflict-free sources. of Congo. Former Kansas Senator Sam people about what goes into the jew- Apple has confirmed that its entire Brownback invited me to eastern elry, electronics, and manufacturing tantalum supply chain is conflict free. Congo almost 10 years ago and later I equipment they wear and use. Another leader in the electronics in- returned with Senator SHERROD BROWN That is why I joined with Senators dustry has been Motorola Solutions, in 2010. Brownback and Feingold and Congress- headquartered in Schaumberg, IL. Mo- The Democratic Republic of Congo is man JIM MCDERMOTT to support legis- torola Solutions emerged early as a a nation of breathtaking natural beau- lation that would help stem the flow of company dedicated to cleaning up its ty, rich in a vast array of resources. It proceeds from illegally mined minerals supply chain, and to do so, it helped es- is also a badly broken country, weak in into those perpetuating unspeakable tablish Solutions for Hope, dedicated governance and dominated by relent- violence. That law passed almost 4 to developing a ‘‘closed-pipe’’ supply less poverty, warlords, pillaging sol- years ago. Its requirement is simple: If chain. In the Rubaya region of the diers, and horrific, almost incompre- a company registered in the United North Kivu province in the DRC, it has hensible, violence. A barbaric civil war States uses any of a small list of key done just that. Tantalum mines in spanning more than a decade in Congo minerals from the Congo (tin, tan- Rubaya were directly funding the lead- is the most lethal conflict since World talum, tungsten, and gold)—minerals er of the vicious M23 rebel group, Bosco War II. known to be involved in the conflict Ntaganda. Through persistent effort, Eastern Congo is known as the ‘‘Rape areas—then such usage must be re- diligent monitoring and the banding Capital of the World.’’ In fact, accord- ported in that company’s SEC disclo- together of other likeminded corpora- ing to the United Nations, regional war sure. Companies can also include infor- tions, those 17 mines are now certified and rape leaves an estimated 1,000 or mation showing steps taken to ensure conflict-free, and most importantly, more women assaulted every day in the the minerals are legitimately mined M23 has laid down its arms and Bosco Congo. That is 12 percent of all Congo- and sourced and that by responsibly Ntaganda stands before the Inter- lese women. sourcing these minerals, they are not national Criminal Court to face I will try to describe the city of contributing to the region’s violence. charges for the atrocities he and his Goma in eastern Congo to those who It is not a ban on using the materials comrades committed. haven’t been there. It is almost impos- or a requirement to source responsibly. According to the Enough Project’s sible. Imagine one of the poorest places Instead it was a reasonable step—a re- recent report on the impact of this leg- on Earth, where people are literally porting requirement—to shed some islation, armed groups and the Congo- starving, where they are facing the light on the issue and to encourage lese army are no longer present at two- scourge of disease, where malaria and companies using these minerals to thirds of tin, tantalum and tungsten AIDS cut short the lives of far too source them responsibly. mines surveyed in eastern Congo. And many. Imagine a nearby active vol- It took some time for the Securities as you may have seen recently, Dutch cano. Then superimpose over that the and Exchange Commission to thought- smart phone manufacturer Fairphone misfortune of ongoing war and unrest fully craft the rule for this law. And is making its products with conflict- that has ravaged the eastern part of disappointingly, as is increasingly too free raw materials. Fairphone has al- the Democratic Republic of Congo for often the case with the rulemaking ready sold 35,000 units and is hoping to years and resulted in millions of deaths process, some tried to gut the law in expand production as more consumers and unspeakable sexual violence. court. embrace conflict-free electronics. Armed militias, some left over from But the law was upheld repeatedly in Fairphone and others are leading by the genocide in Rwanda, continue to court, moved forward as enacted by example, and proving that conflict-free operate in the region, terrorizing civil- Congress. The first filing reports were is not only possible, but it can be prof- ians and inflicting horrific brutality. submitted to the SEC early this itable too. The United Nations has a 20,000-mem- month. This is a milestone. This was the whole point of the legis- ber peacekeeping force in the area with A look at these filings shows us that lation. And consumers will finally have an impressive new mandate to bring some companies have been working for an option to invest in and purchase stability, but it can only do so much. several years already to use their col- from those companies that are making The area is still very fragile, awash in lective financial incentives to foster a good-faith effort to source from this weapons, warlords, and competing re- clean and legitimate supply chains out war stricken area responsibly. gional interests. It is also rich in valu- of eastern Congo. And I want to com- I thank my many colleagues here in able minerals that are found in our mend a few of these companies for tak- the Congress on both sides of the aisle

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Supreme Court on another issue. have suffered entirely too much, and I We have already experienced that at- f sincerely believe that these efforts will tempt at control in Wyoming, where be part of the long-term solution to the the EPA tried to fine an individual up STOPPING SCHOOL TRAGEDIES quest for stability and peace in their to $75,000 per day for the pond he built Mr. LEVIN Mr. President, every country. on his private property. Mark Twain morning around our Nation, as young f once said, ‘‘in the West, whiskey is for people walk into their schools, they are drinking. Water is for fighting over.’’ I reminded of our Nation’s epidemic of RECESS APPOINTMENT DECISION urge my Western State colleagues to gun violence. The sights and sounds of Mr. ENZI. Madam President, I wish come together and make the President an American school day—lockers clos- to applaud the Supreme Court’s unani- withdraw his waters of the United ing, the morning bell—now compete mous decision that the President’s States regulation. with more disconcerting scenes: metal January 4, 2012 appointments to the We do not have to wait for the Su- detectors, security cameras, and armed NLRB were unconstitutional. As you preme Court to act on these examples guards. Students interrupt math and know, I was the Ranking Member on of executive overreach. The Congres- science lessons to participate in active the Senate Health, Education, Labor sional Review Act provides an expe- shooter drills. Parents everywhere ask and Pensions Committee in 2012, and dited procedure for us to consider a res- the same, legitimate question: Are my when these appointments were made I olution of disapproval of the Presi- kids safe in their school? expressed my concern with the admin- dent’s rules. Under the CRA, before any They are right to be concerned. On istration’s contempt for small busi- final rule can become effective it must June 10, a 15-year-old boy in Oregon nesses and the Senate’s confirmation be filed with each House of Congress brought a military-style assault rifle, and vetting process. I was also proud to and GAO. Within 60 days after Congress nine magazines of ammunition, a hand- cosign an amicus brief led by our Re- receives an agency’s rule, we can intro- gun, and a knife to his high school. publican leader against these pro- duce a resolution of disapproval to nul- There, he murdered a classmate and ex- forma session appointments. lify the rule. The CRA also guarantees changed gunfire with police before tak- The Appointments Clause of our Con- us a vote because 30 of us can sign a pe- ing his own life. Several reports have stitution provides that ‘‘the President tition to discharge the resolution from counted this as the 74th instance of a shall nominate, and by and with the Committee, and the motion to proceed shot being fired inside or near an Advice and Consent of the Senate, shall to the resolution is not subject to American school since the tragic appoint Ambassadors, other public amendment, motion to postpone, or events of December 14, 2012, when a Ministers and Consuls, Judges of the motion to proceed to other business. I mentally deranged individual stole the Supreme Court, and all other Officers hope I have 29 colleagues willing to lives of 27 people, 20 of them children, of the United States, whose appoint- join me in signing petitions to dis- at Sandy Hook Elementary School in ments are not herein otherwise pro- charge resolutions of disapproval re- Newtown, Connecticut. The only num- vided for, and which shall be estab- garding both of these rules. ber of such instances that America lished by law.’’ Today the Supreme There are also areas where the ad- should accept is zero. Court validated the Senate’s important ministration is not acting when it It does not have to continue this advice and consent role in the con- should, and I hope my colleagues will way. The Newtown shooting, along firmation process. push the administration to spend its with so many other horrific instances, These unconstitutional appointments time taking actions that help, not created overwhelming consensus are just one example of the executive hurt, America. branch overreach that Americans face Officials from the IRS, Treasury De- among Americans that Congress needs every day under this administration. In partment, and White House did not tell to act to stop this senseless gun vio- his State of the Union address, Presi- Congress when they realized IRS lence. Polls now routinely show that dent Obama said that since he is un- emails had been lost that were relevant more than 90 percent of the American able to rely on Congress to rubber to bipartisan committee investiga- public supports the passage of legisla- stamp his agenda, he intends to use ex- tions. The administration knew about tion to require simple background ecutive orders to avoid the legislative those emails for at least 2 months be- checks to be conducted on all gun process altogether. This is certainly fore the Senate Finance Committee sales. Recent reports have shown that not a new practice for him: President was informed. I urge my colleagues to 95 percent of internal medicine physi- Obama has issued more executive or- come together and insist on full disclo- cians in our Nation agree. And 76 per- ders and economically significant rules sure from the administration regarding cent of these physicians believe that and regulations than President George allegations of political targeting by gun safety legislation would ‘‘help to W. Bush, Clinton or Reagan. I hope to- the IRS. A Finance Committee hearing reduce the risk for gun-related injuries day’s Supreme Court decision will about the lost IRS emails would be an or death.’’ Organizations outside of serve as the impetus that brings my excellent step in getting to the bottom government have engaged in important colleagues together to say enough is of this issue. work to reduce gun violence in our so- enough. The administration has not approved ciety, including a recent initiative One issue we need to stand up to the the Keystone Pipeline application that spearheaded by the Brady Campaign to administration about is its war on has been pending for more than 5 years. Prevent Gun Violence that encourages coal. Earlier this month the EPA The State Department has done five re- parents to keep their kids safe by ask- issued new regulations that try to views of the project and determined ing a simple question: ‘‘Is there an un- force a backdoor cap and tax proposal that the pipeline would cause no sig- locked gun where my child plays?’’ on Americans that Congress has re- nificant environmental impacts. The But as long as Congress continues to jected. Senators on both sides of the pipeline would create about 42,000 jobs. ignore the American people, the funda- aisle realized a couple of years ago that Our Energy Committee has passed leg- mental problems remain. Today, in coal is one of our best sources of en- islation to build the pipeline. A bipar- places all around our Nation, a con- ergy and that cap and tax was an ex- tisan group of at least 55 Senators say victed felon, a domestic abuser, a dan- tremely expensive and bad idea. I urge they want to build the pipeline. I urge gerously mentally ill individual, or a those Senators to come together again that group to come together and insist confused and angry teenager can still and make the President withdraw his the President let the pipeline go for- buy a firearm from an unlicensed deal- cap and tax regulation. ward. er without undergoing any sort of Another issue we need to stand up to These are not the only areas where background check. And at almost any the President about is his attempt to the President has acted when he should time, a mentally ill young person can

VerDate Mar 15 2010 04:43 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.035 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4142 CONGRESSIONAL RECORD — SENATE June 26, 2014 take their parent’s military-style as- Dunlap broadsides—which became the rights of citizens of the United States sault weapons, designed for no purpose first published copies of the Declara- to vote in any primary or other [Fed- other than murder, and commit an un- tion of Independence. Twenty-six of the eral] election . . . shall not be denied speakable atrocity, as happened that original Dunlap broadsides—or frag- or abridged . . . by any State by reason sad day in Newtown. ments of them—are extant. Here in of failure to pay any poll tax or other Our country is not a war zone. Our Washington, the Library of Congress tax.’’ Founding Fathers did not set forth to has two and the National Archives has The Freedom Summer voting rights create a nation where parents walk one. In January 1777, Congress commis- initiative was led by the Student Non- through school hallways wondering if sioned publisher Mary Katherine God- violent Coordinating Committee, the doors and windows are thick dard to produce a new broadside of the SNCC, with the support of the Council enough. Or where communities turn on Declaration of Independence that listed of Federated Organizations, COFO, their televisions to tragic news, day the individuals who signed it. which included the National Associa- after day, and have the same thought: And so, here we are 238 years later, tion for the Advancement of Colored ‘‘That could be us next time.’’ preparing once again to celebrate the People, NAACP, the Congress of Racial It is long past time for Congress to birth of our Nation and the document Equality, referred to in this preamble live up to our responsibility to protect that proclaimed it. We will have appro- as the CORE, and the Southern Chris- the American people. I urge my col- priate celebrations from the National tian Leadership Conference, SCLC. leagues to take up and pass urgently Mall to small towns across America. Thousands of students and activists needed, commonsense legislation to re- We will gather with families and participated in 2-week orientation ses- duce gun violence in our society. The friends in communities large and small sions in preparation for the voter reg- American people deserve nothing less. to relax and refresh ourselves. And we istration drive in Mississippi. In 1962, f will reflect on the blessings of liberty at 6.7 percent of the State’s Black pop- ulation, Mississippi had one of the low- INDEPENDENCE DAY that have been bequeathed to us. We must never take those blessings for est percentages of Black registered Mr. CARDIN. Madam President, on granted. Americans have fought and voters in the country. June 7, 1776, Virginian Richard Henry died to defend them and people around Tragically, three civil rights volun- Lee introduced a motion in the Second the world have fought and died to ob- teers lost their lives in their attempts Continental Congress to declare the 13 tain them. to secure voting rights for Blacks. An- American colonies’ independence from We cannot calculate what we owe to drew Goodman was a White 20-year-old Great Britain. Four days later, Con- Thomas Jefferson and the Committee anthropology major from Queens Col- gress established a committee—the of Five. But, as Abraham Lincoln sum- lege who volunteered for the Freedom Committee of Five—to draft a state- moned all Americans in 1863 at Gettys- Summer project. James Chaney was a ment proclaiming and justifying Amer- burg, we can dedicate ourselves to the 21-year-old Black man from Meridian, ican independence. The Committee ‘‘great task remaining before us . . . MS, who became a civil rights activist, consisted of John Adams (Massachu- that this nation, under God, shall have joining the CORE in 1963 to work on setts), Benjamin Franklin (Pennsyl- a new birth of freedom—and that gov- voter registration and education. Mi- vania), Thomas Jefferson (Virginia), ernment of the people, by the people, chael ‘‘Mickey’’ Schwerner was a 24- Robert Livingston (New York), and for the people, shall not perish from year-old White man from Brooklyn, Roger Sherman (Connecticut) and as- the earth.’’ The stakes are high, for as NY, who was a CORE field secretary in signed the duty of writing the first President Franklin Delano Roosevelt Mississippi and a veteran of the civil draft to Thomas Jefferson. The Com- remarked in his fireside chat on May rights movement. mittee left no minutes so we aren’t 26, 1940, ‘‘We defend and build a way of On the morning of June 21, 1964, the sure how many iterations of the docu- life, not for America alone, but for all three men left the CORE office in Me- ment were drafted before the Com- mankind.’’ That is our unique and sol- ridian, MS, and set out for Longdale, mittee presented the final version to emn responsibility as Americans, and MS, where they were to investigate the Congress on June 28, 1776—an action our cherished privilege. recent burning of the Mount Zion immortalized by the artist John Trum- I wish all of my colleagues, my fellow Methodist Church, a Black church that bull in a painting that hangs in the Marylanders, and all Americans a had been functioning as a freedom Capitol Rotunda. happy and safe Fourth of July. school to promote education and voter On Monday, July 1, 1776, the Com- f registration. The three civil rights mittee of the Whole debated the Lee workers were beaten, shot, and killed Resolution. Jefferson wrote that they 50TH ANNIVERSARY OF FREEDOM by members of the Ku Klux Klan, after were ‘‘exhausted by a debate of nine SUMMER AND CIVIL RIGHTS ACT being turned over by local police. hours, during which all the powers of OF 1964 The national uproar in response to the soul had been distended with the Mr. CARDIN. Madam President, I these brave men’s deaths, which oc- magnitude of the object.’’ The Com- wish to commemorate the 50th anni- curred shortly before enactment of the mittee of the Whole voted 9–2 to adopt versary of Freedom Summer and the Civil Rights Act of 1964, helped build the Lee Resolution. The following Civil Rights Act of 1964, and to talk for the momentum and national consensus day—July 2, 1776—Congress heard the a few minutes about how Senators can necessary to bring about passage of the report of the Committee of the Whole work together to make this a more per- Voting Rights Act of 1965. and declared the sovereign status of fect Union and guarantee equal justice So as we celebrate the anniversaries the American colonies. The Declara- under the law to all Americans. of these landmarks pieces of civil tion of Independence was given its sec- Freedom Summer was a campaign in rights legislation, we are reminded ond reading before Congress adjourned Mississippi to register Black voters that there is more work to be done. As for the day. On July 3, 1776, the Dec- during the summer of 1964. In 1964, former Senator Ted Kennedy used to laration received its third reading and most Black voters were disenfranchised say, ‘‘Civil rights is the great unfin- final edits. The text’s formal adoption by law or practice in Mississippi, not- ished business of America.’’ was deferred until the following morn- withstanding the 15th Amendment to One year ago this week the Supreme ing—July 4, 1776. That evening, the the Constitution, which was ratified in Court issued its decision in Shelby Committee of Five reconvened to pre- 1870. The 15th Amendment provides County v. Holder, which struck down pare the final ‘‘fair copy’’ of the docu- that ‘‘the rights of citizens of the section 4 of the Voting Rights Act, in- ment, which was delivered to the 29- United States to vote shall not be de- validating the coverage formula that year-old Irish immigrant printer John nied or abridged by . . . any State on determines which jurisdictions are sub- Dunlap, with orders from John Han- account of race, color, or previous con- ject to the preclearance provisions of cock to print ‘‘broadside’’ copies. dition of servitude.’’ the act. Dunlap worked into the night setting On January 23, 1964, the States rati- Congress must act to reverse the er- the type and running off 200 or so fied the 24th Amendment to the Con- roneous decision by the Supreme Court broadside sheets—now known as the stitution, which provides that ‘‘the which overturned several important

VerDate Mar 15 2010 04:43 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.092 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 26, 2014 CONGRESSIONAL RECORD — SENATE S4143 precedents in a fit of judicial activism. tion or prerequisite to voting, or stand- tencing disparity between crack co- As much as we wish it wasn’t so, rac- ard, practice, or procedure . . . . . to caine and powder cocaine convictions. ism has not disappeared from America deny or abridge the right of any citizen Congress is now considering legislation and there continue to be individuals of the United States to vote on account that would more broadly revise manda- and groups who would use our voting of race or color.’’ Congress overwhelm- tory sentencing procedures and create system to deliberately minimize the ingly reauthorized the act in 2006, a fairer system of sentencing. While I rights of minority voters. Congress which was signed into law by President welcome these steps, I believe that overwhelmingly reauthorized the Vot- George W. Bush. Congress is now work- Congress should take stronger action ing Rights Act in 2006 after building an ing on legislation to revitalize the VRA now to remedy this particular problem. extensive record that made a compel- after recent Supreme Court decisions The legislation would restore voting ling case for the continued need to pro- curtailed its reach. rights to prisoners after their release tect minority voters from discrimina- In 2014, I am concerned that there are from incarceration. It requires that tion. I strongly agree with Justice still several areas where the legacy of prisons receiving Federal funds notify Ginsburg’s dissent that ‘in truth, the Jim Crow laws and State disenfran- people about their right to vote in Fed- evolution of voting discrimination into chisement statutes lead to unfairness eral elections when they are leaving more subtle second-generation barriers in Federal elections. First, State laws prison, sentenced to probation, or con- is powerful evidence that a remedy as governing the restoration of voting victed of a misdemeanor. effective as preclearance remains vital rights vary widely throughout the The legislation is narrowly crafted to to protect minority voting rights and country, such that persons in some apply to Federal elections, and retains prevent backsliding.’ ’’ I am deeply dis- States can easily regain their voting the States’ authorities to generally es- appointed that the Court put voting rights, while in other States persons ef- tablish voting qualifications. This leg- rights in jeopardy by ignoring reality fectively lose their right to vote per- islation is consistent with congres- and disregarding the power of Congress manently. Second, these State dis- sional authority under the Constitu- to enforce the 15th Amendment of the enfranchisement laws have a dispropor- tion and voting rights statutes. I am pleased that this legislation has Constitution by appropriate legisla- tionate impact on racial and ethnic mi- been endorsed by a large coalition of tion. norities. Third, this patchwork of public interest organizations, including I am pleased that the Judiciary Com- State laws results in the lack of a uni- civil rights and reform organizations; mittee held a hearing this week on po- form standard for eligibility to vote in religious and faith-based organizations; tential legislative responses to the Su- Federal elections, and leads to an un- and law enforcement and criminal jus- preme Court’s decision in Shelby Coun- fair disparity and unequal participa- tice organizations. ty v. Holder, and I hope Congress can tion in Federal elections based solely In particular I want to thank the take up and pass a legislative fix before on residence. Finally, studies indicate Brennan Center for Justice, the ACLU, the midterm elections. that former prisoners who have voting the Leadership Conference on Civil and Congress should also take up and rights restored are less likely to re- Human Rights, and the NAACP for pass the Democracy Restoration Act, offend, and disenfranchisement hinders their work on this legislation. DRA, S. 2235, which I have introduced. their rehabilitation and reintegration This legislation is designed to reduce The Democracy Restoration Act would into their community. recidivism rates and help reintegrate restore voting rights in Federal elec- In 35 States, convicted individuals ex-prisoners back into society. When tions to approximately 5.8 million citi- may not vote while they are on parole. prisoners are released, they are ex- zens who have been released from pris- In 11 States, a conviction can result in pected to obey the law, get a job, and on and are back living in their commu- lifetime disenfranchisement. Several pay taxes as they are rehabilitated and nities. States require prisoners to seek discre- reintegrated into their community. After the Civil War, Congress enacted tionary pardons from Governors, or ac- With these responsibilities and obliga- and the States ratified the 15th Amend- tion by the parole or pardon board, in tions of citizenship should also come ment, which provides that ‘‘the right of order to regain their right to vote. Sev- the rights of citizenship, including the citizens of the United States to vote eral States deny the right to vote to right to vote. shall not be denied or abridged by the individuals convicted of certain mis- In 2008, President George W. Bush United States or by any State on ac- demeanors. States are slowly moving signed the Second Chance Act into law, count of race, color, or previous condi- to repeal or loosen many of these bar- after overwhelming approval and tion of servitude. The Congress shall riers to voting for ex-prisoners. strong bipartisan support in Congress. have power to enforce this article by An estimated 5,850,000 citizens of the The legislation expanded the Prison appropriate legislation.’’ United States, or about 1 in 40 adults in Re-Entry Initiative, by providing job Unfortunately, many States passed the United States, currently cannot training, placement services, transi- laws during the Jim Crow period after vote as a result of a felony conviction. tional housing, drug treatment, med- the Civil War to make it more difficult Of the 5,850,000 citizens barred from ical care, and faith-based mentoring. for newly freed slaves to vote in elec- voting, only 25 percent are in prison. At the signing ceremony, President tions. Such laws included poll taxes, By contrast, 75 percent of the disen- Bush said: ‘‘We believe that even those literacy tests, and disenfranchisement franchised reside in their communities who have struggled with a dark past measures. while on probation or parole after hav- can find brighter days ahead. One way Some disenfranchisement measures ing completed their sentences. Ap- we act on that belief is by helping applied to misdemeanor convictions proximately 2,600,000 citizens who have former prisoners who have paid for and in practice could result in lifetime completed their sentences remain dis- their crimes. We help them build new disenfranchisement, even for individ- enfranchised due to restrictive State lives as productive members of our so- uals that successfully reintegrated into laws. In six states—Alabama, Florida, ciety.’’ their communities as law-abiding citi- Kentucky, Mississippi, Tennessee, and The Democracy Restoration Act is zens. Virginia—more than 7 percent of the fully consistent with the goals of the Shortly thereafter Congress enacted total population is disenfranchised. Second Chance Act, as Congress and the Voting Rights Act of 1965, which Studies show that a growing number the States seek to reduce recidivism swept away numerous State laws and of African-American men, for example, rates, strengthen the quality of life in procedures that had denied African will be disenfranchised at some point our communities and make them safer, Americans and other minorities their in their life, partly due to mandatory and reduce the burden on taxpayers. constitutional right to vote. For exam- minimum sentencing laws that have a More recently, in a February 2014 ple, the act outlawed the use of lit- disproportionate impact on minorities. speech, Attorney General Eric Holder eracy or history tests that voters had Latino citizens are disproportionately called on elected officials to reexamine to pass before registering to vote or disenfranchised as well. disenfranchisement statutes and enact casting their ballot. Congress has addressed part of this reforms to restore voting rights. The act specifically prohibits States problem by enacting the Fair Sen- I urge Congress to continue the fight from imposing any ‘‘voting qualifica- tencing Act to partially reduce the sen- to protect and expand civil rights in

VerDate Mar 15 2010 04:43 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.105 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4144 CONGRESSIONAL RECORD — SENATE June 26, 2014 this country, as we celebrate the 50th that were unimaginable just a few support to our wounded, ill, and in- anniversary of Freedom Summer and years ago. As for present treatments, jured servicemembers and their fami- the Civil Rights Act of 1964 and as we the Warrior Canine Connection is an lies. A testament to their commitment strive to make this a more perfect excellent example of an organization is the Department of Defense Deploy- union. that is helping veterans here and now. ment Health Clinical Center in Be- f This organization, located in thesda, MD, which has developed an in- Brookeville, provides therapeutic tensive, 3-week, multi-disciplinary POST-TRAUMATIC STRESS working dogs to veterans and service- treatment program called The Special- DISORDER AWARENESS DAY members, and it also conducts research ized Care Program. This program is de- Mr. CARDIN. Madam President, I that strives to further improve upon signed for servicemembers experi- wish to speak on behalf of our service the positive effects that these service encing PTSD or experiencing difficul- men and women suffering from Post- animals have on the veterans and serv- ties readjusting to life upon redeploy- Traumatic Stress Disorder, or PTSD. icemembers. The Warrior Canine Con- ment after serving in Operations IRAQ Tomorrow—June 27—is National Post- nection has helped countless veterans or ENDURING FREEDOM. This pro- Traumatic Stress Disorder Awareness relieve the symptoms of post-trau- gram is for patients who have had Day, so designated by the U.S. Senate matic stress, enabling them to regain other treatments for PTSD, or perhaps in a unanimous action 2 years ago. I their status as healthy and productive depression, but who continue to experi- am calling on all of my colleagues in members of our society. ence symptoms that interfere with this body to redouble our efforts to I am not at all surprised that these their ability to function. help veterans and servicemembers who servicemembers and veterans have In light of the upcoming July 4 holi- are struggling with PTSD each and bounced back wonderfully after being day, providing assistance to veterans every day. I remain committed to pro- treated for their post-traumatic stress. who have served our Nation so dili- vide all necessary assistance to people If a soldier, sailor, airmen or Marine is gently must be a priority. As we cele- who have this problem as the result of able to excel on the battlefield, then I brate our Independence Day, we must their faithful military service because see no reason why that same person also address the needs of those who it is one of the solemn obligations we should not be able to excel in the class- have defended our liberty and have al- have as a nation. For this reason I sup- room, in a hospital, or in the board- lowed it to thrive. Without the men ported Senator HEITKAMP’s bi-partisan room. I refuse to believe that our vet- and women who fought for the United resolution designating June as Na- erans and servicemembers are ‘‘dam- States’ freedom in 1776 and those who tional Post-Traumatic Stress Dis- aged goods’’ because of their military bravely do so today, our country sim- order—PTSD—Awareness Month. service. ply would not exist. With this in mind, With the military drawdown cur- One only needs to look at our history we as Americans ought to support our rently underway, I am concerned that to see that our society benefits greatly veterans to the best of our abilities and our Nation will not adequately address when we provide our veterans and serv- present them with the necessary assist- the PTSD-related issues that many of icemembers with the assistance they ance and resources they may require. our veterans and servicemembers face. need to transition successfully to civil- Whether we succeed in this endeavor I find it deeply troubling that, on aver- ian life. During World War II, Amer- will be a significant measure of our Na- age, 22 veterans commit suicide every ican servicemembers encountered some tion’s fidelity towards our veterans and day. Furthermore, veterans who have of the most difficult combat conditions its moral character. I am committed to post-traumatic stress are at greater in human history. Yet when World War making sure this population receives risk for drug abuse and alcoholism. The II veterans returned home, did they be- treatment for post-traumatic stress, abuse of these substances often come a burden to their nation because should they need it. The United States amounts to a form of a self-medication of those combat experiences? Not at is the strongest nation in the world be- because the servicemember or veteran all. Returning World War II veterans cause of our veterans and servicemem- is unable or unwilling to seek help. spearheaded the work that made our bers. We owe it to bring them back I strongly believe that Post-Trau- country more prosperous than it had home not just in body, but in mind and matic Stress Disorder Awareness Day ever been. Veterans can be the engine spirit, as well. is an important step in highlighting to a great economy that sustains a f these issues. Our challenge is to help flourishing middle class. I believe every veteran suffering from these in- World War II veterans were able to suc- RWANDA visible wounds seek help and cope with ceed in the civilian workforce because Mr. MENENDEZ. Madam President, their very real injury. There is a per- after the war, they returned to a soci- rising from the ashes of the 1994 geno- ceived stigma that makes veterans re- ety that understood and genuinely re- cide, the Rwandan people can be proud luctant to seek help and feeds negative spected their military service. of the progress their country has made perceptions which can cause employers This week I had the privilege of vis- over the past two decades. Through not to hire veterans. Educating vet- iting the Veterans Health Care System reconciliation and resilience, Rwanda erans and the public about this afflic- in Baltimore, MD. America cannot has entered a new phase of economic tion and the support networks avail- break our promise to those who have growth and is working to protect civil- able will bring to light a very real and sacrificed so much to protect our great ians in other countries through its deadly epidemic among servicemem- Nation. We have seen bipartisan vital contributions to global peace- bers. Too often we say ‘‘thank you’’ to progress toward correcting the sys- keeping missions. The world has servicemembers and veterans without temic problems facing our veterans’ cheered these successes, but today we really knowing what we are thanking health care system, and I am encour- have cause for concern. them for, because we don’t bother to aged by the additional staff and re- To cement its legacy as a world lead- understand their struggles. Addressing sources being deployed in Baltimore. er and model for development, there is this disconnect would make a world of Most Maryland veterans are receiving in Rwanda today a clear need to ensure difference in helping this population quality health care at world-class fa- space for a thriving civil society—a mitigate the effects of post-traumatic cilities close to home. But the wounds hallmark of any democracy. I am deep- stress. inflicted by this national breach of ly troubled by reports of shrinking The work being done today to ad- trust will take more time to heal as we space for dissenting voices. Rwanda’s dress this issue proves that post-trau- renew and fulfill our commitment to domestic human rights movement has matic stress does not have to be a per- care for the health and well-being of been profoundly constrained by a com- manently disabling condition. Within our veterans. bination of intimidation and stig- my own State of Maryland, organiza- I am continually in awe of the ex- matization, threats, harassment, arbi- tions such as Fort Detrick’s Army traordinary men and women serving at trary arrests and detentions, infiltra- Medical Research & Materiel Command the Walter Reed National Military tion, and administrative obstacles. The are making amazing advances in devel- Medical Center who make it their daily government’s actions to censor domes- oping post-traumatic stress treatments mission to provide the highest level of tic and international human rights

VerDate Mar 15 2010 04:43 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.105 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 26, 2014 CONGRESSIONAL RECORD — SENATE S4145 groups appear to be part of a broader Dylan was born November 07, 1990, in Jordan was born in Elk City, OK on pattern of intolerance of criticism. Tulsa, OK. His father Jeff Johnson said February 12, 1988, and later moved to In 2013, the United States, the United Dylan ‘‘had aspired to military service Ripley, OK. While attending Ripley Kingdom, the United Nations Human for years and dressed as a soldier for High School, he was a member of the Rights Council, Amnesty Inter- Halloween six years running.’’ After baseball team, National Honor Society, national, and Freedom House all ex- Dylan graduated from Jenks High 4–H, and served as Student Council pressed concern over the interference School, he joined the military in Au- president. He was concurrently en- of the Rwandan Government in deter- gust 2009, largely inspired by the men rolled and graduated from the Okla- mining the leadership of the Rwandan on both sides of his family who served homa School of Science and Math. As League for the Promotion and Defense with the military during World War II an active member of the Hillcrest Bap- of Human Rights, one of the last re- and Korea. tist Church, he was very involved with maining independent advocacy organi- After completing basic training at the youth group and enjoyed spending zations in the country. This has effec- Fort Knox, KY, Dylan was assigned to time serving others on various mission tively curtailed domestic civil society the 4th Squadron, 9th Cavalry Regi- trips. initiatives to monitor human rights ment, 2d Brigade Combat Team, 1st After graduating as class valedic- abuses. Cavalry Division in Fort Hood, TX. torian from Ripley High School in 2006, In June of this year, the U.S. State Specialist Johnson departed on Me- he fulfilled a dream he had from the Department cited its deep concern over morial Day 2011 for his first overseas age of 8 as he was accepted to the U.S. the arrest and disappearance of dozens deployment and arrived in Iraq June 2. Military Academy at West Point. Jor- of Rwandan citizens over a period of 2 On June 26, 2011, Dylan tragically died dan spent 4 years at West Point, major- months, citing incommunicado deten- of injuries he sustained when insur- ing in mechanical engineering. Friend tion and a lack of due process, as well gents attacked his armored vehicle Caleb Eytcheson said Jordan ‘‘wanted as the threatening of journalists. with an improvised explosive device. to be the best, and he knew West Point Also in June, Human Rights Watch, One other soldier in the vehicle was is where they trained the best. He HRW, an organization that has worked killed alongside of Dylan. wanted to serve his country,’’ he said. on Rwanda for more than 20 years and ‘‘Dylan possessed a kind spirit and Jordan joined the Army in January documented the 1994 genocide, was ac- was a bit reserved in my world lit- 2011, serving as an infantryman. After cused by the Ministry of Justice of po- erature class,’’ said teacher, Ron completing training at Fort Benning, litical bias and collaboration with the Acebo. ‘‘We all ache for the loss of this GA he was assigned to 1st Battalion, Democratic Forces for the Liberation young life and grieve with his family. 32nd Infantry Regiment, 3rd Brigade of Rwanda, FDLR, some of whose mem- As teachers, we all hold hopes and Combat Team, 10th Mountain Division, dreams for our students. We do not bers participated in the genocide and Fort Drum, NY. On May 5, 2011, Jordan know what he could have achieved but committed horrific human rights deployed to Afghanistan. abuses in eastern Democratic Republic we are humbled that he had made the Doug Scott, assistant principal of of Congo, DRC. These accusations come supreme sacrifice for his country. . . . Ripley High School said Morris was in- and that is how he will be remem- in the wake of a May HRW critique of telligent, had a great sense of humor bered.’’ the Rwandan Government’s actions, in- and was very popular in school. ‘‘He A memorial service was held July 6, showed his unselfish side by going cluding forced disappearances, and dis- 2011, at Kirk of the Hills Church in overseas,’’ Scott said. count HRW’s constant critique of the Tulsa, OK and he was buried at Arling- Jordan’s baseball coach, Donnie Hoff- FDLR’s egregious human rights record ton National Cemetery on August 9, man said: ‘‘The world is not as good a in the DRC. HRW, the last independent 2011. international organization based in At a ceremony on his birthday in place, when you lose people with the Kigali speaking out against human 2013, the State of Oklahoma dedicated character that he was. The legacy he rights abuses, appears at increasing to his memory the bridge on U.S. 75 leaves behind was the way he led his risk of not being able to do its job, and across Polecat Creek, just south of life, the character, the discipline, the perhaps even of being shut down. Main Street in Jenks, OK. A sign read- dedication, the honor.’’ Jordan was buried August 20, 2011 at Rwanda’s past should not be used as ing ‘‘Specialist Dylan Johnson Memo- an excuse to suppress free speech and rial Bridge’’ was emplaced on the Palmer Marler Funeral Home in Still- independent reporting in Rwanda structure, and his father asked those water, OK. Jordan is survived by his parents today. Dissent is an important tool for gathered to remember Oklahoma’s Brett and Nita (Faber) Morris of Still- citizens in holding their elected leaders other fallen soldiers when they cross it. accountable. Peaceful, law-abiding in- Dylans’s military honors include the water; two brothers Levi James and dividuals and organizations should not Purple Heart, the Bronze Star, the Jesse Isaac Morris of Stillwater; grand- be labeled as conspirators or enemies Army Good Conduct Medal, the Na- parents Wilma Faber, of Tulsa, James of state because they question the gov- tional Defense Service Medal, and the and Patricia Morris, of Broken Arrow; ernment. Freedom of expression and Iraqi Campaign Medal with Combat numerous aunts, uncles, cousins and due process are rights that should ex- Service Star. friends, as well as his former West tend to all Rwandans and its visitors— In addition to his father, Dylan is Point classmates and fellow soldiers in including journalists, human rights ad- survived by his mother Joy Sehl; his the 1st Battalion, 32nd Infantry Regi- vocates, opposition members, and ev- stepmother Lynda Johnson; two sis- ment, 3rd Brigade Combat Team, 10th eryday citizens alike. ters, Alexandra Johnson and Kathryn Mountain Division. Rwanda has made great strides, but Sehl; and two stepsisters, Brittany Today we remember Army SPC Jor- there is still work to do. As Rwanda Dinan and Brooke Dinan. All are of dan M. Morris, a young man who loved faces its newest challenges, the United Tulsa, OK. his family and country, and gave his States stands with its people and re- Today we remember Army SPC life as a sacrifice for freedom. mains committed to their success. Dylan J. Johnson, a young man who SPECIALIST JOSHUA M. SEALS f loved his family and country and gave Madam President, I also wish to re- his life as a sacrifice for freedom. member the life and sacrifice of a re- HONORING OUR ARMED FORCES SPECIALIST JORDAN M. MORRIS markable young man, Army SPC Josh- SPECIALIST DYLAN J. JOHNSON Madam President, I now wish to re- ua M. Seals. Specialist Seals died Au- Mr. INHOFE. Madam President, I member the life and sacrifice of a re- gust 16, 2011 of non-combat injuries at wish to remember the life and sacrifice markable young man, Army SPC Jor- Forward Operating Base Lightening in of a remarkable young man, Army SPC dan M. Morris. Along with 4 other sol- Paktika Province, Afghanistan, in sup- Dylan J. Johnson. Dylan died 3 years diers, Jordan died August 11, 2011 of in- port of Operation Enduring Freedom. ago today, June 26, 2011, of injuries suf- juries he sustained from an improvised He was assigned to the 1st Battalion, fered from an improvised explosive de- explosive device in Kandahar Province, 279th Infantry Regiment, 45th Infantry vice in Diyala Province, Iraq, in sup- Afghanistan, in support of Operation Brigade Combat Team, Oklahoma Na- port of Operation New Dawn. Enduring Freedom. tional Guard.

VerDate Mar 15 2010 04:43 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.005 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4146 CONGRESSIONAL RECORD — SENATE June 26, 2014 Joshua was born April 10, 1990, in said. ‘‘During graduation we always The Unity Town Hall, which today Glendale, AZ and later moved to Por- asked for those individuals to stand up serves as the official location for Unity ter, OK. While attending Porter High who wanted to go into the military. I Town Hall meetings, was constructed School he played football, was an distinctly remember looking for and in 1831. It was originally a Baptist honor roll student and a member of the finding him in the audience and he was meeting house, but the town of Unity academic team. He was also active in smiling ear to ear.’’ purchased the building for $25.00 in Wagoner County 4–H and showed Dutch This was his second deployment; he 1877. It has since undergone renovation rabbits. previously deployed to Iraq from March but still stands proudly today where in He joined the military as a truck to June 2011. the bell tower hangs a famed Revere driver in 2008 while still in high school. In May 2013, James wrote on his Bell which will ring forth in celebra- Aunt Trina Seals said ‘‘his mother and Facebook page ‘‘I am proud to carry tion of Unity on July 11, 2014. father served in the Army, and he felt the legacy of my family. We are war- Unity is an example of a quintessen- it was just something he wanted to riors at heart that fight against all tial New Hampshire town whose citi- do.’’ odds to protect those who need us. ‘‘My thoughts and prayers go out to There is nothing else that I would rath- zens embody everything that it means the Seals family and friends,’’ said Maj. er be doing with my life.’’ to be great Americans. So today we Gen. Myles Deering, Oklahoma’s adju- James was laid to rest at Fort Sill honor the 250th anniversary of Unity, tant general. ‘‘As we mourn his loss in National Cemetery, Elgin, OK on Octo- NH. We commend its citizens and rec- the days ahead, we will be forever hon- ber 3, 2013. He was posthumously ognize their accomplishments, their ored and proud that he chose to serve awarded the Purple Heart and the love of country, and their spirit of his country and the people of Okla- Army Commendation Medal of Valor. independence. But more importantly, homa in the National Guard.’’ Today we remember Army SPC we look forward to the next 250 years Principal Larry Shackelford de- James T. Wickliff-Chacin, a young man and the great things this town will scribed him as a great student and a who loved his family and country, and have to offer.∑ wonderful young man with a bright gave his life as a sacrifice for freedom. outlook. f f A memorial and burial service was TRIBUTE TO ANDREA FOUBERG held August 27, 2011 at Greenwood Cem- RECOGNIZING WILD TOUCH Mr. THUNE. Madam President, today etery in Porter, OK. TAXIDERMY Specialist Seals is survived by his I recognize Andrea ‘‘Andi’’ Fouberg, parents Rhonda and Stanley; wife communications director in my Wash- ∑ Mr. RISCH. Madam President, more Andrina; and siblings Jeremy, Sarah ington, DC office, for over 9 years of and more small businesses across and James. hard work she has done for me, my America have started to pursue oppor- Today we remember Army SPC Josh- staff, and the State of South Dakota. tunities outside of our borders by ex- ua M. Seals, a young man who loved Andi is a native of Letcher, SD, and tending their markets globally. Ac- his family and country, and gave his is a graduate of South Dakota State cording to the Small Business Adminis- life as a sacrifice for freedom. University, SDSU. During her time tration, almost 96 percent of consumers working in the Senate, Andi has SPECIALIST JAMES T. WICKLIFF-CHACIN reside outside of the United States. worked as deputy State director, dep- Madam President, I pay tribute to a The benefits to small businesses that uty communications director, and as true American hero, Army SPC James export are compelling. According to a communications director. On July 7, T. Wickliff-Chacin of Edmond, OK who report by the Institute for Inter- 2014 Andi will become the president and died on September 20, 2013 serving our national Economics, U.S. exporting chief executive officer at the SDSU nation in Pul-E-Alam, Afghanistan. firms grow 2 to 4 percent faster in em- Alumni Association. ploying than their nonexporting coun- Specialist Wickliff-Chacin was assigned I extend my sincere thanks and ap- terparts, offer better opportunities for to 6th Squadron, 8th Cavalry Regi- preciation to Andi for nearly a decade advancement, expand their annual ment, 4th Brigade Combat Team, Fort of dedicated work she has done and Stewart, GA. wish her continued success in the years total sales faster, and are nearly 8.5 James died at Brook Army Medical to come. percent less likely to go out of busi- Center in San Antonio, TX of injuries ness. f sustained when an improvised explo- Today, I would like to recognize one sive device detonated near his dis- ADDITIONAL STATEMENTS such U.S. small business that has expe- mounted patrol during combat oper- rienced growth in revenues and em- ations in Pul-E-Alam, Afghanistan on ployment because they have pursued August 12, 2013. He was 22 years old. UNITY, NEW HAMPSHIRE exporting opportunities across the Born February 18, 1991 in Venezuela, ∑ Ms. AYOTTE. Madam President, I globe. Wild Touch Taxidermy in Merid- James moved to Oklahoma with his wish to honor the town of Unity, NH. ian, ID, a small business dedicated to family in 2006. He graduated from Ed- This great American community is quality products, has achieved an out- mond Santa Fe High School in 2010. celebrating the 250th anniversary of its standing reputation both domestically After graduation, he enlisted as an in- founding, and I am proud to recognize and overseas. fantryman in the Army in June 2010 this historic event. and arrived at his unit in October 2010. Located in Sullivan County in the Licensed since 1985, Wild Touch Taxi- ‘‘He had a good future,’’ his father western part of the State, the town of dermy specializes in custom taxidermy said. ‘‘He had all the scores to go to Unity includes the villages of Unity, for customers who desire a unique and whatever college he wanted.’’ But East and West Unity, and Quaker City. high-quality trophy. Family owned and James wanted to join the Army. The origins of Unity date back to 1753 operated by Kelly and Sharon Adams, Friends said he was proud of his service when the territory then known as Wild Touch Taxidermy lives up to their even before he graduated from high Buckingham was chartered through a motto, ‘‘We Do It All.’’ The small taxi- school. series of grants from New Hampshire dermy business offers a high-quality ‘‘I remember him as a young man Governor Benning Wentworth and the way to preserve and display trophy ani- who very much wanted to go into the Massachusetts government. Unfortu- mals of all sizes and from any country, military,’’ said his former high school nately, this grew territorial tension including skull mounts, old mounts, principal Jason Brown. The following among the local residents, so in 1764 tan hides, and clean skulls. Wild Touch year, before graduation, James had the town of Unity was formally incor- Taxidermy operates in a federally ap- asked ahead of time if the school was porated. Today Unity is home to ap- proved facility with U.S. Department going to do anything to recognize stu- proximately 1,700 New Hampshire resi- of Agriculture permission, allowing dents who would be serving in the mili- dents who take great pride in living them to receive restricted and out-of- tary. ‘‘I told him he would have to wait their lives as their town name intended country imports and enabling them to but he was in for a surprise,’’ Brown them to, in unity. expand their business internationally.

VerDate Mar 15 2010 05:55 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.108 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 26, 2014 CONGRESSIONAL RECORD — SENATE S4147 To bolster its success, Wild Touch Between 2001 and 2013, the creative school district. Over the years, Jones Taxidermy took full advantage of ex- leadership in your community has County has received $750,273 in Harkin port assistance through the Idaho De- worked with me to secure funding in grants. Similarly, schools in Jones partment of Commerce, which con- Jones County worth over $870,000 and County have received funds that I des- nected the business to Taiwanese buy- successfully acquired financial assist- ignated for Iowa Star Schools for tech- ers through its trade office in Taipei. ance from programs I have fought hard nology totaling $82,973. The business’s exposure to the Asian to support, which have provided more Agricultural and rural development: market allowed them to expand the than $5.6 million to the local economy. Because I grew up in a small town in business to China. Wild Touch Taxi- Of course, one of my favorite memo- rural Iowa, I have always been a loyal dermy was also provided grant funds ries of working together is the commu- friend and fierce advocate for family through the Small Business Adminis- nity’s work to secure funding through farmers and rural communities. I have tration’s State Trade and Export Pro- the Federal Emergency Management been a member of the House or Senate motion Program, which seeks to grow Agency for programs I fought for to Agriculture Committee for 40 years— the number of U.S. small businesses mitigate and prepare for natural disas- including more than 10 years as chair- that export their goods and services to ters and provide safety equipment and man of the Senate Agriculture Com- foreign buyers. The additional aid for 2 training for firefighters. mittee. Across the decades, I have years allowed the owners to attend sev- Among the highlights: championed farm policies for Iowans eral trade shows and trade missions in Disaster mitigation and prevention: that include effective farm income pro- Taiwan and China, which resulted in a In 1993, when historic floods ripped tection and commodity programs; strong, progressive conservation assist- boost to the business’s profitability through Iowa, it became clear to me ance for agricultural producers; renew- and international presence. Utilizing that the national emergency-response able energy opportunities; and robust STEP grants, Wild Touch Taxidermy’s infrastructure was woefully inadequate economic development in our rural actual export sales for year one lever- to meet the needs of Iowans in flood- communities. Since 1991, through var- aged a return on investment of 15 to 1 ravaged communities. I went to work ious programs authorized through the and actual export sales for year two le- dramatically expanding the Federal farm bill, Jones County has received veraged a return on investment of 74 to Emergency Management Agency’s haz- more than $687,000 from a variety of 1, with anticipation of more sales in ard mitigation program, which helps farm bill programs. the international market. communities reduce the loss of life and property due to natural disasters and Disability rights: Growing up, I loved With 29 years of experience, Wild and admired my brother Frank, who Touch Taxidermy has achieved a rep- enables mitigation measures to be im- plemented during the immediate recov- was deaf. But I was deeply disturbed by utation of excellence both domestically the discrimination and obstacles he and internationally. Wild Touch Taxi- ery period. Disaster relief means more than helping people and businesses get faced every day. That is why I have al- dermy’s dedication to quality, persist- ways been a passionate advocate for ence in pursuing new opportunities, back on their feet after a disaster, it means doing our best to prevent the full equality for people with disabil- and their efficient use of export assist- ities. As the primary author of the same predictable flood or other catas- ance have allowed their business to Americans with Disabilities Act, ADA, trophe from recurring in the future. catapult to the next level. I congratu- and the ADA Amendments Act, I have The hazard mitigation program that I late Kelly and Sharon Adams and wish had four guiding goals for our fellow helped create in 1993 provided critical them an abundance of success in the citizens with disabilities: equal oppor- ∑ support to Iowa communities impacted future. tunity, full participation, independent by the devastating floods of 2008. Jones f living, and economic self-sufficiency. County has received over $2.9 million Nearly a quarter century since passage JONES COUNTY, IOWA to remediate and prevent widespread of the ADA, I see remarkable changes ∑ Mr. HARKIN. Madam President, the destruction from natural disasters. in communities everywhere I go in strength of my State of Iowa lies in its Keeping Iowa communities safe: I Iowa—not just in curb cuts or closed vibrant local communities, where citi- also firmly believe that our first re- captioned television, but in the full sponders need to be appropriately zens come together to foster economic participation of people with disabilities trained and equipped, able to respond development, make smart investments in our society and economy, folks who to both local emergencies and to state- to expand opportunity, and take the at long last have the opportunity to wide challenges such as the meth- initiative to improve the health and contribute their talents and to be fully amphetamine epidemic. During the well-being of residents. Over the dec- included. These changes have increased mid-to-late 1990’s, cities in Jones Coun- ades, I have witnessed the growth and economic opportunities for all citizens revitalization of so many communities ty received $311,465 in Community Ori- of Jones County, both those with and across my State. And it has been deep- ented Policing Services grants. Also, without disabilities. And they make us ly gratifying to see how my work in since 2001, Jones County’s fire depart- proud to be a part of a community and Congress has supported these local ef- ments have received over $985,443 for country that respects the worth and forts. firefighter safety and operations equip- civil rights of all of our citizens. I have always believed in account- ment. This is at least a partial accounting ability for public officials, and this, my School grants: Every child in Iowa of my work on behalf of Iowa, and spe- final year in the Senate, is an appro- deserves to be educated in a classroom cifically Jones County, during my time priate time to give an accounting of that is safe, accessible, and modern. in Congress. In every case, this work my work across four decades rep- That is why, for the past decade and a has been about partnerships, coopera- resenting Iowa in Congress. I take half, I have secured funding for the in- tion, and empowering folks at the pride in accomplishments that have novative Iowa Demonstration Con- State and local level, including in been national in scope—for instance, struction Grant Program—better Jones County, to fulfill their own passing the Americans with Disabil- known among educators in Iowa as dreams and initiatives. And, of course, ities Act and spearheading successful Harkin grants for public schools con- this work is never complete. Even after farm bills. But I take a very special struction and renovation. Across 15 I retire from the Senate, I have no in- pride in projects that have made a big years, Harkin grants worth more than tention of retiring from the fight for a difference in local communities across $132 million have helped school dis- better, fairer, richer Iowa. I will always my State. tricts to fund a range of renovation and be profoundly grateful for the oppor- Today, I would like to give an ac- repair efforts—everything from updat- tunity to serve the people of Iowa as counting of my work with leaders and ing fire safety systems to building new their Senator.∑ residents of Jones County to build a schools. In many cases, these Federal f legacy of a stronger local economy, dollars have served as the needed in- better schools and educational oppor- centive to leverage local public and WAYNE COUNTY, IOWA tunities, and a healthier, safer commu- private dollars, so it often has a tre- ∑ Mr. HARKIN. Madam President, the nity. mendous multiplier effect within a strength of my State of Iowa lies in its

VerDate Mar 15 2010 05:55 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.046 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4148 CONGRESSIONAL RECORD — SENATE June 26, 2014 vibrant local communities, where citi- That is why, for the past decade and a contribute their talents and to be fully zens come together to foster economic half, I have secured funding for the in- included. These changes have increased development, make smart investments novative Iowa Demonstration Con- economic opportunities for all citizens to expand opportunity, and take the struction Grant Program—better of Wayne County, both those with and initiative to improve the health and known among educators in Iowa as without disabilities. And they make us well-being of residents. Over the dec- Harkin grants for public schools con- proud to be a part of a community and ades, I have witnessed the growth and struction and renovation. Across 15 country that respects the worth and revitalization of so many communities years, Harkin grants worth more than civil rights of all of our citizens. across my State. And it has been deep- $132 million have helped school dis- This is at least a partial accounting ly gratifying to see how my work in tricts to fund a range of renovation and of my work on behalf of Iowa, and spe- Congress has supported these local ef- repair efforts—everything from updat- cifically Wayne County, during my forts. ing fire safety systems to building new time in Congress. In every case, this I have always believed in account- schools. In many cases, these Federal work has been about partnerships, co- ability for public officials, and this, my dollars have served as the needed in- operation, and empowering folks at the final year in the Senate, is an appro- centive to leverage local public and State and local level, including in priate time to give an accounting of private dollars, so it often has a tre- Wayne County, to fulfill their own my work across four decades rep- mendous multiplier effect within a dreams and initiatives. And, of course, resenting Iowa in Congress. I take school district. Over the years, Wayne this work is never complete. Even after pride in accomplishments that have County has received $109,597 in Harkin I retire from the Senate, I have no in- been national in scope—for instance, grants. Similarly, schools in Wayne tention of retiring from the fight for a passing the Americans with Disabil- County have received funds that I des- better, fairer, richer Iowa. I will always ities Act and spearheading successful ignated for Iowa Star Schools for tech- be profoundly grateful for the oppor- farm bills. But I take a very special nology totaling $90,000. tunity to serve the people of Iowa as pride in projects that have made a big Agricultural and rural development: their Senator.∑ difference in local communities across Because I grew up in a small town in f my State. rural Iowa, I have always been a loyal Today, I would like to give an ac- friend and fierce advocate for family NEVADA NATIONAL GUARD counting of my work with leaders and farmers and rural communities. I have ∑ Mr. HELLER. Madam President, residents of Wayne County to build a been a member of the House or Senate today I wish to recognize the Nevada legacy of a stronger local economy, Agriculture Committee for 40 years— National Guard’s 45th Detachment of better schools and educational oppor- including more than 10 years as chair- the Operational Support Airlift Agen- tunities, and a healthier, safer commu- man of the Senate Agriculture Com- cy, DET 45 OSAA, located at Reno- nity. mittee. Across the decades, I have Stead airport. On June 6th, this unit Between 2001 and 2013, the creative championed farm policies for Iowans departed for Joint Base Bagram, Af- leadership in your community has that include effective farm income pro- ghanistan, where they will be serving worked with me to secure funding in tection and commodity programs; for the next 9 months. Wayne County worth over $100,000 and strong, progressive conservation assist- While tensions continue to rise in the successfully acquired financial assist- ance for agricultural producers; renew- Middle East, I am both humbled and ance from programs I have fought hard able energy opportunities; and robust honored that these brave men and to support, which have provided more economic development in our rural women are willing to go into harm’s than $23 million to the local economy. communities. Since 1991, through var- way to put the needs of our country be- Of course, one of my favorite memo- ious programs authorized through the fore their own. We owe our respect and ries of working together is the great farm bill, Wayne County has received gratitude to these soldiers, who are work that the Wayne County Public more than $20 million from a variety of sacrificing so much to defend our free- Health Department has done to secure farm bill programs. doms. The DET 45 OSAA unit has a wellness funding to improve the health Keeping Iowa communities safe: I flawless reputation for providing safely and lives of its residents. also firmly believe that our first re- executed flight operations both nation- Among the highlights: sponders need to be appropriately ally and internationally without any Wellness and health care: Improving trained and equipped, able to respond accidents for the past 20 years, which the health and wellness of all Ameri- to both local emergencies and to state- has earned them a spot among the top cans has been something I have been wide challenges such as, for instance, 10 units for the past 10 years. I, along passionate about for decades. That is the methamphetamine epidemic. Since with my fellow Nevadans are honored why I fought to dramatically increase 2001, Wayne County’s fire departments that the DET 45 OSAA Unit call Ne- funding for disease prevention, innova- have received over $850,000 for fire- vada home. We as a nation are fortu- tive medical research, and a whole fighter safety and operations equip- nate to have men and women, like range of initiatives to improve the ment. those in the DET 45 OSAA unit, to health of individuals and families not Disability rights: Growing up, I loved serve and protect us. only at the doctor’s office but also in and admired my brother Frank, who The Nevada National Guard’s 45th our communities, schools, and work- was deaf. But I was deeply disturbed by Detachment plays an integral role places. I am so proud that Americans the discrimination and obstacles he within the Operational Support Airlift have better access to clinical preven- faced every day. That is why I have al- Agency’s mission by providing high tive services, nutritious food, smoke- ways been a passionate advocate for priority, short notice fixed wing air free environments, safe places to en- full equality for people with disabil- transport support to passengers and gage in physical activity, and informa- ities. As the primary author of the cargo for all components and members tion to make healthy decisions for Americans with Disabilities Act and of the Department of Defense. DET 45 themselves and their families. These the ADA Amendments Act, I have had OSAA has supported many missions efforts not only save lives, they will four guiding goals for our fellow citi- both nationally and abroad. From 2003 also save money for generations to zens with disabilities: equal oppor- to 2010 the unit flew missions in Cuba come thanks to the prevention of cost- tunity, full participation, independent in support of Special Forces oper- ly chronic diseases, which account for living, and economic self-sufficiency. ations, and were deployed to Iraq and a whopping 75 percent of annual health Nearly a quarter century since passage Kuwait supporting Operation Enduring care costs. I am pleased that Wayne of the ADA, I see remarkable changes Freedom, Operation Iraqi Freedom, and County has recognized this important in communities everywhere I go in the United States Africa Command. issue by securing more than $100,000 for Iowa—not just in curb cuts or closed The DET 45 OSAA unit has also sup- community wellness activities. captioned television, but in the full ported ground forces by flying an intel- School grants: Every child in Iowa participation of people with disabilities ligence, surveillance and reconnais- deserves to be educated in a classroom in our society and economy, folks who sance mission with the King Air 300 se- that is safe, accessible, and modern. at long last have the opportunity to ries Medium Altitude Reconnaissance

VerDate Mar 15 2010 05:09 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.037 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 26, 2014 CONGRESSIONAL RECORD — SENATE S4149 and Surveillance System aircraft. Most As a member of the Senate Veterans’ TRIBUTE TO COLONEL ROY BAHR recently, the State of Nevada has con- Affairs Committee, I know the strug- ∑ Mr. MANCHIN. Madam President, I tributed to a new intelligence mission gles that our veterans face after re- wish to commemorate the service of a by providing soldiers working as Aerial turning home from the battlefield. patriot and decorated Soldier, COL Roy Electronic Sensor Operators to perform Congress has a responsibility not only W. Bahr. Roy joined the U.S. Army in their newest intelligence mission. to honor these brave individuals but to 1950 after the onset of the Korean War. I would like to thank the courageous ensure they receive the quality care Shortly after graduating from Officer men and women in DET 45 OSAA for they have earned and deserve. I remain Candidate School, he deployed to Korea their contributions to the United committed to upholding this promise and served as an infantry platoon lead- States of America and to freedom-lov- for our veterans and servicemembers in er. Following his deployment, Colonel ing nations around the world. Their Nevada and throughout the Nation. I Bahr volunteered for U.S. Army Spe- service to our country and their brav- am very pleased that veterans service cial Forces and went on to serve with ery and dedication to their families organizations like Squadbay are com- the 5th Special Forces Group (Air- and communities earn all of these he- mitted to ensuring that the needs of borne) in Vietnam. There, he was as- roes a place among the outstanding our veterans are being met. signed as the commander of Forward men and women who have valiantly de- Today, I ask my colleagues and all Operating Base 3, Khe Sanh, leading fended our Nation. Nevadans to join me in recognizing elements of Military Assistance Com- I ask my colleagues and all Nevadans Squadbay, an organization whose mis- mand Vietnam—Studies and Observa- to join me in recognizing and thanking sion is both noble and charitable. Their tions Group, MACVSOG. these heroes for their selfless service commitment to helping rehabilitate MACVSOG was tasked with con- both at home and abroad. May they our veterans by giving them an outlet ducting highly classified operations have another successful mission and a to embark on humanitarian aid mis- throughout Southeast Asia during the safe return home.∑ sions in a positive life-changing sce- Vietnam war. This highly decorated f nario is admirable, and I wish them the unit was responsible for gathering crit- best of luck in all of their future en- ical intelligence throughout the con- RECOGNIZING SQUADBAY deavors.∑ flict and was so effective that the ∑ Mr. HELLER. Madam President, f North Vietnamese had to divert tens of today I wish to recognize a veterans REMEMBERING MICHAEL GEORGE thousands of troops in an attempt to volunteer program within Las Vegas counter MACVSOG operations. Con- ∑ Mr. LEVIN. Madam President, on known as Squadbay for their continued sequently, MACVSOG’s casualty rates June 24, my hometown of Detroit and dedication to help their fellow service- were higher than any American unit the State of Michigan lost a great members transition back from the bat- since the American Civil War. friend and public servant. Indeed, the tlefield to their communities. This Only the best and most highly skilled loss of Michael George at the age of 81 unique program comprised of Marine commanders were involved with was a tremendous loss for all those who Corps combat veterans provides re- MACVSOG. During Colonel Bahr’s time admire hard work, dedication, gen- cently discharged veterans with a mis- with MACVSOG, he commanded for- erosity, and commitment to making sion, which uses newly acquired battle- ward operating bases at Phu Bai, field skills, and provides housing and the world a better place. The son of immigrants, Mike was Kontum, and Khe Sanh. Colonel Bahr other resources. was responsible for dozens of reconnais- There is no way to adequately thank best known to many through his suc- cessful business ventures. He built a sance teams and special reaction forces the men and women who lay down that often worked clandestinely in their lives for our freedoms, but the small, family-owned dairy business into Melody Farms, one of the largest enemy occupied territory with limited founders and volunteers at Squadbay support. It is difficult to fully articu- have developed a way to assist our Na- and most successful dairy producers and distributors in the country. late the risk incurred by Colonel Bahr tion’s veterans in need by affording Had that been his only endeavor, we and his men, or the difficulty of their them various ways to use their train- would have called Mike’s life well- missions, as they heroically served our ing to benefit others. I commend this lived. But Mike was more than a busi- Nation. organization’s continued dedication to nessman. He became a leader in De- Colonel Bahr commanded MACVSOG, serving Marine combat veterans need- troit’s Chaldean community. FOB–3 during the height of the siege at ing to process traumatic experiences Chaldeans—Catholics originating Khe Sanh in 1968. Under constant bom- while simultaneously affecting a posi- mainly from Iraq—settled in large bardment, Colonel Bahr’s reconnais- tive change in the lives of those in need numbers in Detroit along with other sance teams were given full authority of humanitarian assistance. Squadbay immigrants from the Middle East. to operate outside the compound dur- was founded by Lu Lobello, a brave Mike was deeply proud of his Chaldean ing what would become one of the larg- veteran living in Las Vegas who real- heritage. He helped found the Chaldean est battles of the Vietnam war. Colonel ized the importance of having a mis- Iraqi Association of Michigan, and Bahr’s unit, in concert with a large sion after returning home from combat chaired the Chaldean Federation of contingent of U.S. Marines, fought to in Baghdad. Lu serves as a shining ex- America. He helped hundreds of prevent the North Vietnamese units ample of putting one’s community be- Chaldean-owned businesses to grow. from overrunning the combat base at fore oneself. And as religious minorities came under Khe Sanh. With its first mission in 2013 to the increasing persecution in the Middle Later in the conflict, Colonel Bahr Philippines after Typhoon Yolanda, East, he became a leader in helping to organized and led a force to relieve an Squadbay’s service extends far beyond settle endangered Iraqi Christians in American operating base at Da Nang our Nation’s borders. By allowing vet- the United States. after it came under assault by North erans the ability to continue using Mike didn’t just serve the Chaldean Vietnamese sappers on August 22 and their combat training in a new envi- community. He was passionately com- 23, 1968. The North Vietnamese attack ronment, with a new mission that mir- mitted to Detroit and its rebirth. He on Da Nang was the single deadliest rors the values of their military experi- served on countless charitable founda- day for U.S. Army Special Forces dur- ence, Squadbay is working to create a tion boards and supported a host of ing the war. Colonel Bahr’s relief effort seamless transition to civilian life for worthy causes. and subsequent pursuit of remaining our veterans. By providing a safe and Mike George was a walking, talking enemy personnel was critical in gain- social space for combat veterans to personification of the American ing full control of the base and saving come together and the opportunity to Dream. He was a friend to the city of American lives. embark on humanitarian aid missions, Detroit. He was a friend to me. Barbara In early 1961, while visiting Fort they are affording these brave men and and I join Mike’s legion of friends in Bragg, President Kennedy stated, ‘‘The women an opportunity to work through Michigan and around the country ex- Green Beret is a symbol of excellence, any issues brought on by experiencing tending our condolences to his wife a badge of courage, a mark of distinc- combat. Najat, and his family and friends.∑ tion in the fight for freedom.’’ COL

VerDate Mar 15 2010 05:55 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.110 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4150 CONGRESSIONAL RECORD — SENATE June 26, 2014 Roy W. Bahr’s devotion to duty and touched the lives of many, and im- TRIBUTE TO EMMA-SUE ISHOL professional leadership as a com- proved the quality of our community ∑ Mr. THUNE. Madam President, today mander, a warrior and a Green Beret at large. I recognize Emma-Sue Ishol, an intern exemplifies this mark of distinction. I ask that the Senate join me in con- in my Washington, DC office, for all Roy’s life is testament to the highest gratulating and honoring Hugh the hard work she has done for me, my attributes of American service, indi- McVey.∑ staff, and the State of South Dakota. vidual bravery, and patriotism, and I f Emma is a graduate of St. Andrews am glad to have this opportunity to REMEMBERING HERMAN DILLON, Episcopal School in Potomac, MD. Cur- thank him.∑ SR. rently, she is attending the Creighton f University where she is majoring in ac- ∑ Mrs. MURRAY. Madam President, I counting. She is a dedicated worker TRIBUTE TO HUGH MCVEY wish to honor Mr. Herman Dillon, Sr., who has been committed to getting the ∑ Mrs. MCCASKILL. Madam President, who passed away on Friday, May 23, most out of her experience. I wish to congratulate Hugh McVey on 2014. Mr. Dillon, Senior was the tribal I extend my sincere thanks and ap- his retirement and to thank him for his council chairman of the Puyallup Tribe preciation to Emma for all of the fine many years of leadership and service to of Indians in my home State of Wash- work she has done and wish her contin- the field of labor. For over 40 years, ington and at the time of his passing ued success in the years to come.∑ Hugh has been a champion of workers’ had dedicated an astounding 35 years f rights and has fought tirelessly to im- to the tribal council. TRIBUTE TO KODY KYRISS prove the lives of Missouri’s workers Mr. Dillon, Senior served his tribe and their families. It is my pleasure to and his country throughout his life. He ∑ Mr. THUNE. Madam President, today honor him today. joined the Navy Reserves at 17, at the I recognize Kody Kyriss, an intern in A native of St. Louis, MO, Hugh tail end of World War II. Following 4 my Washington, DC office, for all the comes from a working family of 11 chil- years in the Navy Reserves, he was hard work he has done for me, my dren. His family’s strong labor back- drafted by the Army and served for 2 staff, and the State of South Dakota. ground encouraged him to get involved. years guarding the port and prisoner of Kody is a graduate of Menno High His uncle Duke was president of the war camps in Puson during the Korean School in Menno, SD. This fall he will be attending law school at the Univer- Missouri AFL–CIO for many years war. Of course, his life of service did sity of South Dakota. He is a dedicated until Hugh succeeded him in 1999. Hugh not end there, and he was first elected worker who has been committed to get- considered his father and uncle his to the Puyallup Tribal Council in 1971. In the time since he was first elected to ting the most out of his experience. closest friends and respected their ad- I extend my sincere thanks and ap- the tribal council, Mr. Dillon, Senior vice and support. preciation to Kody for all of the fine experienced a number of historical Hugh attended Southern Illinois Uni- work he has done and wish him contin- versity Edwardsville. While there, he changes. He saw his fellow tribal mem- ued success in the years to come.∑ became involved with the operating en- bers get arrested for exercising their gineers and was the group steward and treaty-protected right to fish in the f later chief steward for Local 148 out of Puyallup River, and on February 12, TRIBUTE TO KELSEY LUCKHURST Collinsville, IL. He then became the 1974, Judge Boldt of the U.S. District ∑ Mr. THUNE. Madam President, today business agent and assistant business Court for the Western District of Wash- I recognize Kelsey Luckhurst, an in- manager for the same local. ington issued a decision affirming the tern in my Washington, DC office, for After his time with the operating en- rights of Washington treaty tribes to all the hard work she has done for me, gineers, McVey worked for Union Elec- take up to half of the harvestable fish my staff, and the State of South Da- tric, now Ameren, for 23 years and in Washington State fishing waters. Of kota. joined Operating Engineers Local 1148 course, he also served on the tribal Kelsey is a graduate of Clark High in 1974. In 1997, Hugh relocated to Jef- council as the tribe experienced a time School in Clark, SD. Currently, she is ferson City, when he was elected execu- of great economic development and di- attending Northern State University, tive vice president of the Missouri versification of their business interests where she is majoring in political AFL–CIO. In 1999, he was elected Presi- in an effort to set themselves on a path science and history. She is a dedicated dent, and served for 17 years before his to economic sustainability. worker who has been committed to get- retirement this July. I had the pleasure of working with ting the most out of her experience. During Hugh’s tenure as president of Mr. Dillon, Senior throughout my time I extend my sincere thanks and ap- the Missouri AFL–CIO, the organiza- in the Senate. I was always impressed preciation to Kelsey for all of the fine tion was instrumental in advocating by his leadership, integrity, and dedi- work she has done and wish her contin- for the union rights Executive order, cation to the Puyallup people. He was ued success in the years to come.∑ the Affordable Care Act, and the ‘‘Made their champion on issues from health f in Missouri’’ jobs package. Hugh’s ef- care to the construction of a new tribal TRIBUTE TO ALEXA MOELLER fective leadership shaped the Missouri justice center. He also led by example, ∑ Mr. THUNE. Madam President, today AFL–CIO into the outstanding organi- earning his GED when he was 50 years I recognize Alexa Moeller, an intern in zation it is today. As president, Hugh old and fostering children in his home. my Washington, DC office, for all the continued to attend local meetings and Even into his ninth decade of life, Mr. hard work she has done for me, my Dillon, Senior continued to advocate listened to workers’ concerns. He effec- staff, and the State of South Dakota. tively recruited candidates for local of- for his tribal community and was dedi- Alexa is a graduate of Watertown fices and worked with legislators on cated to solutions that would help his High School in Watertown, SD. Cur- pending legislation that would impact Tribe better themselves. rently, she is attending the University the worker. Hugh considers the labor Washington State and our country of South Dakota where she is majoring movement his life’s work, never a job. lost a great tribal leader in May, and I in political science and criminal jus- Hugh is completely dedicated to ensur- am grateful I had the opportunity to tice. She is a dedicated worker who has ing that workers get a fair day’s pay work with Mr. Dillon, Senior and advo- been committed to getting the most and reasonable benefits. His passion to cate on the Puyallup Tribe’s behalf in out of her experience. help working families is unparalleled. Washington, DC. My thoughts are with I extend my sincere thanks and ap- Hugh and his wife Peggy have three Darlene Dillon, Mr. Dillon, Senior’s, preciation to Alexa for all of the fine daughters: Megan, Maureen, and Col- wife of over 40 years, his 12 children, work she has done and wish her contin- leen. I know they will enjoy the oppor- the children whose lives he changed ued success in the years to come.∑ through fostering, his entire extended tunity to spend more time with him. f It is my pleasure to honor my friend family, and the Puyallup Tribe of Indi- Hugh McVey today. His dedicated lead- ans. We are all better for having known TRIBUTE TO DEREK OLSON ership has improved the quality of the him and will work to carry his legacy ∑ Mr. THUNE. Madam President, today workplace for Missourians. He has forward.∑ I recognize Derek Olson, an intern in

VerDate Mar 15 2010 05:55 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.006 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 26, 2014 CONGRESSIONAL RECORD — SENATE S4151 my Washington, DC office, for all the MESSAGES FROM THE PRESIDENT H.R. 3301. An act to require approval for hard work he has done for me, my Messages from the President of the the construction, connection, operation, or maintenance of oil or natural gas pipelines staff, and the State of South Dakota. United States were communicated to Derek is a graduate of Dakota Valley or electric transmission facilities at the na- the Senate by Mr. Williams, one of his tional boundary of the United States for the High School in North Sioux City, SD. secretaries. import or export of oil, natural gas, or elec- Recently, Derek graduated from Iowa f tricity to or from Canada or Mexico, and for State University where he majored in other purposes. EXECUTIVE MESSAGES REFERRED political science. He is a dedicated f worker who has been committed to get- As in executive session the Presiding ting the most out of his experience. Officer laid before the Senate messages MEASURES READ THE FIRST TIME I extend my sincere thanks and ap- from the President of the United The following bill was read the first preciation to Derek for all of the fine States submitting sundry nominations time: work he has done and wish him contin- which were referred to the appropriate S. 2562. A bill to provide an incentive to ued success in the years to come.∑ committees. businesses to bring jobs back to America. f (The messages received today are f printed at the end of the Senate pro- ENROLLED BILL PRESENTED WARRIORS AND QUIET WATERS ceedings.) FOUNDATION f The Secretary of the Senate reported ∑ Mr. WALSH. Madam President, I that on today, June 26, 2014, she had wish to recognize the remarkable work MESSAGE FROM THE HOUSE presented to the President of the of the Warriors and Quiet Waters Foun- RECEIVED DURING ADJOURNMENT United States the following enrolled dation. ENROLLED BILL SIGNED bill: Located in Bozeman, MT, the War- Under the authority of the order of S. 1681. An act to authorize appropriations riors and Quiet Waters Foundation the Senate of January 3, 2013, the Sec- for fiscal year 2014 for intelligence and intel- helps reintegrate combat-injured vet- retary of the Senate, on June 25, 2014, ligence-related activities of the United erans and active servicemembers upon during the adjournment of the Senate, States Government and the Office of the Di- received a message from the House of rector of National Intelligence, the Central their return from deployment through Intelligence Agency Retirement and Dis- fly fishing and other high-quality Representatives announcing that the ability System, and for other purposes. therapeutic recreation throughout Speaker had signed the following en- f Southwest Montana. rolled bill: As the Senate’s only Iraq war combat S. 1681. An act to authorize appropriations EXECUTIVE AND OTHER veteran, I know firsthand the cost of for fiscal year 2014 for intelligence and intel- COMMUNICATIONS war. Men and women who were injured ligence-related activities of the United The following communications were in combat pay a price for the rest of States Government and the Office of the Di- laid before the Senate, together with rector of National Intelligence, the Central their lives. Our Nation must now heal Intelligence Agency Retirement and Dis- accompanying papers, reports, and doc- a new generation of American heroes ability System, and for other purposes. uments, and were referred as indicated: that carry with them wounds that are The enrolled bill was subsequently EC–6235. A communication from the Chair- both visible and invisible. signed during the session of the Senate man and Chief Executive Officer, Farm Cred- it Administration, transmitting, pursuant to As a nation, we took our citizens and by the President pro tempore (Mr. turned them into the best warriors the law, the report of a rule entitled ‘‘Organiza- LEAHY). world has ever seen. Now, it is time we tion; Disclosure to Shareholders; Disclosure take those warriors and turn them f to Investors in System-wide and Consoli- MESSAGE FROM THE HOUSE dated Bank Debt Obligations of the Farm back into citizens. Credit System; Advisory Vote’’ (RIN3052– In 2007, the Warriors and Quiet At 3:38 p.m., a message from the AD00) received in the Office of the President Waters Foundation left shore with 14 House of Representatives, delivered by of the Senate on June 19, 2014; to the Com- wounded veterans of the wars in Iraq Mr. Novotny, one of its reading clerks, mittee on Agriculture, Nutrition, and For- and Afghanistan to drop a line in one announced that the House has passed estry. of Montana’s pristine rivers. the following bills, in which it requests EC–6236. A communication from the Acting Under Secretary of Defense (Personnel and The goal was to build hope, facilitate the concurrence of the Senate: camaraderie, and find serenity through Readiness), transmitting a report on the ap- H.R. 6. An act to provide for expedited ap- proved retirement of Lieutenant General Mi- fly fishing. That is exactly what they proval of exportation of natural gas to World chael R. Moeller, United States Air Force, accomplished. Trade Organization countries, and for other and his advancement to the grade of lieuten- Commanded by retired Marine Col. purposes. ant general on the retired list; to the Com- Eric Hastings and Dr. Volney Steele, H.R. 4899. An act to lower gasoline prices mittee on Armed Services. Warriors and Quiet Waters has pro- for the American family by increasing do- EC–6237. A communication from the Direc- vided over 300 veterans and their mestic onshore and offshore energy explo- tor, Facilities Services Directorate, Depart- ration and production, to streamline and im- ment of Defense, transmitting, pursuant to spouses a fly fishing experience com- prove onshore and offshore energy permit- plete with world-class guides on some law, the Facilities Services Directorate/Pen- ting and administration, and for other pur- tagon Renovation and Construction Program of our Nation’s blue ribbon streams. poses. Office (PENREN) annual report; to the Com- But, the mission is not complete. f mittee on Armed Services. More than 50,000 American service- EC–6238. A communication from the Asso- members have been injured in combat MEASURES REFERRED ciate General Counsel for Legislation and over the past 13 years, and thousands The following bill was read the first Regulations, Office of the Secretary, Depart- more suffer from post-traumatic stress and the second times by unanimous ment of Housing and Urban Development, and traumatic brain injuries as a result consent, and referred as indicated: transmitting, pursuant to law, the report of of their service to our Nation. H.R. 4899. An act to lower gasoline prices a rule entitled ‘‘Removal of Regulations for the American family by increasing do- Transferred to the Consumer Financial Pro- The Warriors and Quiet Waters Foun- tection Bureau’’ (RIN2501–AD67) received in dation has identified a model for the mestic onshore and offshore energy explo- ration and production, to streamline and im- the Office of the President of the Senate on difficult reintegration process that so June 24, 2014; to the Committee on Banking, many of our young veterans will be prove onshore and offshore energy permit- ting and administration, and for other pur- Housing, and Urban Affairs. EC–6239. A communication from the Assist- going through as a result of a decade of poses; to the Committee on Energy and Nat- ant Director for Regulatory Affairs, Office of war. ural Resources. Foreign Assets Control, Department of the Their commitment to those who f served so bravely on our behalf is more Treasury, transmitting, pursuant to law, the report of a rule entitled ‘‘Burmese Sanctions than commendable—it is inspiring and MEASURES PLACED ON THE CALENDAR Regulations’’ (31 CFR Part 537) received in is a strong example of how we can ful- the Office of the President of the Senate on fill our Nation’s responsibility to those The following bill was read the sec- June 23, 2014; to the Committee on Banking, who have served.∑ ond time, and placed on the calendar: Housing, and Urban Affairs.

VerDate Mar 15 2010 05:09 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.011 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4152 CONGRESSIONAL RECORD — SENATE June 26, 2014 EC–6240. A communication from the Sec- mentation Plans for Georgia: State Imple- EC–6259. A communication from the Senior retary of the Treasury, transmitting, pursu- mentation Plan Miscellaneous Revisions’’ Procurement Executive, Office of Acquisi- ant to law, a six-month periodic report on (FRL No. 9912–82–Region 4) received in the tion Policy, General Services Administra- the national emergency that was declared in Office of the President of the Senate on June tion, transmitting, pursuant to law, the re- Executive Order 13348 of July 22, 2004, rel- 24, 2014; to the Committee on Environment port of a rule entitled ‘‘Federal Acquisition ative to the former Liberian regime of and Public Works. Regulation; Federal Acquisition Circular Charles Taylor; to the Committee on Bank- EC–6250. A communication from the Direc- 2005–75, Small Entity Compliance Guide’’ ing, Housing, and Urban Affairs. tor of the Regulatory Management Division, (FAC 2005–75) received in the Office of the EC–6241. A communication from the Sec- Environmental Protection Agency, transmit- President of the Senate on June 24, 2014; to retary of the Treasury, transmitting, pursu- ting, pursuant to law, the report of a rule en- the Committee on Homeland Security and ant to law, a six-month periodic report on titled ‘‘Revisions to the Export Provisions of Governmental Affairs. the national emergency with respect to the Cathode Ray Tube (CRT) Rule’’ EC–6260. A communication from the Senior transnational criminal organizations that ((RIN2050–AG68) (FRL No. 9911–84–OSWER)) Procurement Executive, Office of Acquisi- was declared in Executive Order 13581 of July received in the Office of the President of the tion Policy, General Services Administra- 24, 2011; to the Committee on Banking, Hous- Senate on June 24, 2014; to the Committee on tion, transmitting, pursuant to law, the re- ing, and Urban Affairs. Environment and Public Works. port of a rule entitled ‘‘Federal Acquisition EC–6251. A communication from the In- EC–6242. A communication from the Chair- Regulation; Limitation on Allowable Gov- spector General of the Department of Health man and President of the Export-Import ernment Contractor Compensation Costs’’ Bank, transmitting, pursuant to law, a re- and Human Services, transmitting, pursuant to law, a report entitled ‘‘Part D Plans Gen- (RIN9000–AM75) received in the Office of the port on the competitiveness of the export fi- President of the Senate on June 24, 2014; to nancing services for the period from January erally Include Drugs Commonly Used by Dual Eligibles: 2014 (OEI–05–14-00170)’’; to the the Committee on Homeland Security and 1, 2013 through December 31, 2013; to the Governmental Affairs. Committee on Banking, Housing, and Urban Committee on Finance. EC–6261. A communication from the Assist- Affairs. EC–6252. A communication from the Direc- ant Secretary, Employee Benefits Security EC–6243. A communication from the Sec- tor, Office of Regulations and Reports Clear- Administration, Department of Labor, trans- retary of Energy, transmitting, pursuant to ance, Social Security Administration, trans- mitting, pursuant to law, the report of a rule law, a report concerning operations at the mitting, pursuant to law, the report of a rule entitled ‘‘Ninety-Day Waiting Period Limi- Naval Petroleum Reserves for fiscal year entitled ‘‘Changes to Scheduling and Appear- tation’’ (RIN1210–AB61) received in the Office 2013; to the Committee on Energy and Nat- ing at Hearings’’ (RIN0960–AH37) received of the President of the Senate on June 24, ural Resources. during adjournment of the Senate in the Of- EC–6244. A communication from the Acting fice of the President of the Senate on June 2014; to the Committee on Health, Education, Director of Congressional Affairs, Nuclear 20, 2014; to the Committee on Finance. Labor, and Pensions. Regulatory Commission, transmitting, pur- EC–6253. A communication from the Assist- EC–6262. A communication from the Acting suant to law, the report of a rule entitled ant Secretary, Legislative Affairs, Depart- Assistant General Counsel, Regulatory Serv- ‘‘Reliability Assurance Program’’ (NRC–2013– ment of State, transmitting, pursuant to ices, Department of Education, transmitting, 0123) received in the Office of the President law, the semiannual report on the continued pursuant to law, the report of a rule entitled compliance of Azerbaijan, Kazakhstan, of the Senate on June 23, 2014; to the Com- ‘‘Final Priorities, Requirement, and Defini- Tajikistan, and Uzbekistan with the 1974 mittee on Environment and Public Works. tions; Innovative Approaches to Literacy EC–6245. A communication from the Chief Trade Act’s freedom of emigration provi- (IAL) Program’’ (CFDA No. 84.215G); to the of the Endangered Species Listing Branch, sions, as required under the Jackson-Vanik Committee on Health, Education, Labor, and Fish and Wildlife Service, Department of the Amendment; to the Committee on Finance. Pensions. EC–6254. A communication from the Assist- Interior, transmitting, pursuant to law, the EC–6263. A communication from the Chair- ant Secretary, Legislative Affairs, Depart- report of a rule entitled ‘‘Endangered and man, Dwight D. Eisenhower Memorial Com- ment of State, transmitting, pursuant to Threatened Wildlife and Plants; Threatened mission, transmitting, pursuant to law, a re- law, a report relative to section 36(c) of the Status for the Northern Mexican Arms Export Control Act (DDTC 14–059); to port relative to the memorial construction; Gartersnake and Narrow-headed the Committee on Foreign Relations. to the Committee on Rules and Administra- Gartersnake’’ (RIN1018–AY23) received in the EC–6255. A communication from the Assist- tion. Office of the President of the Senate on June ant Secretary, Legislative Affairs, Depart- EC–6264. A communication from the Staff 23, 2014; to the Committee on Environment ment of State, transmitting, pursuant to Director, U.S. Sentencing Commission, and Public Works. law, the report of a rule entitled ‘‘Amend- transmitting, pursuant to law, the 2013 An- EC–6246. A communication from the Chief ment to the International Traffic in Arms nual Report and Sourcebook of Federal Sen- of the Endangered Species Listing Branch, Regulations: United States Munitions List tencing Statistics; to the Committee on the Fish and Wildlife Service, Department of the Category XI (Military Electronics), and Judiciary. Interior, transmitting, pursuant to law, the Other Changes’’ (RIN1400–AD25) received dur- EC–6265. A communication from the Acting report of a rule entitled ‘‘Endangered and ing adjournment of the Senate in the Office Under Secretary of Defense (Personnel and Threatened Wildlife and Plants; Threatened of the President of the Senate on June 20, Readiness), transmitting a report on the ap- Species Status for Ivesia webberi’’ (RIN1018– 2014; to the Committee on Foreign Relations. proved retirement of Admiral William H. AZ12) received in the Office of the President EC–6256. A communication from the Senior McRaven, Jr., United States Navy, and his of the Senate on June 23, 2014; to the Com- Procurement Executive, Office of Acquisi- advancement to the grade of admiral on the mittee on Environment and Public Works. tion Policy, General Services Administra- retired list; to the Committee on Armed EC–6247. A communication from the Chief tion, transmitting, pursuant to law, the re- Services. of the Endangered Species Listing Branch, port of a rule entitled ‘‘Federal Acquisition Fish and Wildlife Service, Department of the EC–6266. A communication from the Acting Regulation; Federal Acquisition Circular Under Secretary of Defense (Personnel and Interior, transmitting, pursuant to law, the 2005–75, Introduction’’ (FAC 2005–75) received report of a rule entitled ‘‘Endangered and Readiness), transmitting a report on the ap- in the Office of the President of the Senate proved retirement of Lieutenant General Threatened Wildlife and Plants; Designation on June 24, 2014; to the Committee on Home- of Critical Habitat for Ivesia webberi’’ Howard B. Bromberg, United States Army, land Security and Governmental Affairs. and his advancement to the grade of lieuten- (RIN1018–AZ57) received in the Office of the EC–6257. A communication from the Senior ant general on the retired list; to the Com- President of the Senate on June 23, 2014; to Procurement Executive, Office of Acquisi- mittee on Armed Services. the Committee on Environment and Public tion Policy, General Services Administra- Works. tion, transmitting, pursuant to law, the re- EC–6267. A communication from the Assist- EC–6248. A communication from the Direc- port of a rule entitled ‘‘Federal Acquisition ant Administrator, National Ocean Service, tor of the Regulatory Management Division, Regulation; EPEAT Items’’ (RIN9000–AM71) National Oceanic and Atmospheric Adminis- Environmental Protection Agency, transmit- received in the Office of the President of the tration, transmitting, pursuant to law, the ting, pursuant to law, the report of a rule en- Senate on June 24, 2014; to the Committee on report of a rule entitled ‘‘U.S. Integrated titled ‘‘Approval and Promulgation of Imple- Homeland Security and Governmental Af- Ocean Observing System; Regulations to mentation Plans; Oregon: Infrastructure Re- fairs. Certify and Integrate Regional Information quirements for the 2008 Lead National Ambi- EC–6258. A communication from the Senior Coordination Entities’’ (RIN0648–ZA94) re- ent Air Quality Standards’’ (FRL No. 9912– Procurement Executive, Office of Acquisi- ceived in the Office of the President of the 55–Region 10) received in the Office of the tion Policy, General Services Administra- Senate on June 24, 2014; to the Committee on President of the Senate on June 24, 2014; to tion, transmitting, pursuant to law, the re- Commerce, Science, and Transportation. the Committee on Environment and Public port of a rule entitled ‘‘Federal Acquisition EC–6268. A communication from the Presi- Works. Regulation; Contracting with Women-Owned dent of the United States to the President EC–6249. A communication from the Direc- Small Business Concerns’’ (RIN9000–AM59) Pro Tempore of the United States Senate, tor of the Regulatory Management Division, received in the Office of the President of the transmitting, consistent with the War Pow- Environmental Protection Agency, transmit- Senate on June 24, 2014; to the Committee on ers Act, a report relative to the deployment ting, pursuant to law, the report of a rule en- Homeland Security and Governmental Af- of certain U.S. forces to Iraq; to the Com- titled ‘‘Approval and Promulgation of Imple- fairs. mittee on Foreign Relations.

VerDate Mar 15 2010 05:09 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.012 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 26, 2014 CONGRESSIONAL RECORD — SENATE S4153 REPORTS OF COMMITTEES ject to the nominee’s commitment to mittee on Homeland Security and Govern- respond to requests to appear and tes- mental Affairs. The following reports of committees By Mrs. HAGAN: were submitted: tify before any duly constituted com- mittee of the Senate. S. 2542. A bill to clarify the effect of State By Ms. LANDRIEU, from the Committee statutes of repose on the required com- on Appropriations, without amendment: (Nominations without an asterisk mencement date for actions under the Com- S. 2534. An original bill making appropria- were reported with the recommenda- prehensive Environmental Response, Com- tions for the Department of Homeland Secu- tion that they be confirmed.) pensation, and Liability Act of 1980; to the rity for the fiscal year ending September 30, f Committee on Environment and Public 2015, and for other purposes (Rept. No. 113– Works. 198). INTRODUCTION OF BILLS AND By Mrs. SHAHEEN: By Mr. JOHNSON of South Dakota, from JOINT RESOLUTIONS S. 2543. A bill to support afterschool and the Committee on Banking, Housing, and out-of-school-time science, technology, engi- Urban Affairs: The following bills and joint resolu- neering, and mathematics programs, and for Report to accompany S. 2244, a bill to ex- tions were introduced, read the first other purposes; to the Committee on Health, tend the termination date of the Terrorism and second times by unanimous con- Education, Labor, and Pensions. Insurance Program established under the sent, and referred as indicated: By Mr. JOHANNS (for himself and Mrs. Terrorism Risk Insurance Act of 2002, and for By Mr. FLAKE (for himself, Mr. FISCHER): other purposes (Rept. No. 113–199). MCCAIN, Mr. RISCH, Mr. CRAPO, Mr. S. 2544. A bill to authorize early repayment By Ms. LANDRIEU, from the Committee JOHNSON of Wisconsin, Mr. COATS, of obligations to the Bureau of Reclamation on Energy and Natural Resources, without Mr. JOHANNS, and Mr. THUNE): within the Northport Irrigation District in amendment: S. 2533. A bill to require the Administrator the State of Nebraska; to the Committee on S. 2554. An original bill to approve the Key- of the Environmental Protection Agency to Energy and Natural Resources. stone XL Pipeline (Rept . No. 113–200). include in any proposed rule that limits By Ms. AYOTTE (for herself and Mrs. By Mr. MENENDEZ, from the Committee greenhouse gas emissions and imposes in- MCCASKILL): on Foreign Relations, with an amendment in creased costs on other Federal agencies an S. 2545. A bill to require the Secretary of the nature of a substitute: offset from funds available to the Adminis- Veterans Affairs to revoke bonuses paid to S. 1104. A bill to measure the progress of trator for all projected increased costs that employees involved in electronic wait list recovery and development efforts in Haiti the proposed rule would impose on other manipulations, and for other purposes; to the following the earthquake of January 12, 2010, Federal agencies; to the Committee on Envi- Committee on Veterans’ Affairs. and for other purposes (Rept. No. 113–201). ronment and Public Works. By Mr. ISAKSON: By Mr. TESTER, from the Committee on By Ms. LANDRIEU: S. 2546. A bill to repeal a requirement that Indian Affairs, with an amendment in the S. 2534. An original bill making appropria- new employees of certain employers be auto- nature of a substitute: tions for the Department of Homeland Secu- matically enrolled in the employer’s health S. 1448. A bill to provide for equitable com- rity for the fiscal year ending September 30, benefits; to the Committee on Health, Edu- pensation to the Spokane Tribe of Indians of 2015, and for other purposes; from the Com- cation, Labor, and Pensions. the Spokane Reservation for the use of tribal mittee on Appropriations; placed on the cal- By Ms. HEITKAMP (for herself and Mr. land for the production of hydropower by the endar. SCHUMER): Grand Coulee Dam, and for other purposes By Mr. VITTER (for himself, Mr. S. 2547. A bill to establish the Railroad (Rept. No. 113–202). RUBIO, Mr. BURR, Mr. ROBERTS, Mr. Emergency Services Preparedness, Oper- By Mr. MENENDEZ, from the Committee RISCH, and Mr. MCCONNELL): ational Needs, and Safety Evaluation (RE- on Foreign Relations, with an amendment in S. 2535. A bill to amend section 1951 of title SPONSE) Subcommittee under the Federal the nature of a substitute: 18, United States Code (commonly known as Emergency Management Agency’s National S. 1933. A bill to impose sanctions with re- the Hobbs Act), and for other purposes; to Advisory Council to provide recommenda- spect to foreign persons responsible for gross the Committee on the Judiciary. tions on emergency responder training and violations of internationally recognized By Mr. KIRK (for himself and Mrs. resources relating to hazardous materials in- human rights, and for other purposes (Rept. FEINSTEIN): cidents involving railroads, and for other No. 113–203). S. 2536. A bill to amend title 18, United purposes; to the Committee on Homeland Se- H.R. 3212. A bill to ensure compliance with States Code, to provide for enhanced crimi- curity and Governmental Affairs. the 1980 Hague Convention on the Civil As- nal and civil remedies in the protection of By Mr. SANDERS (for himself, Mr. pects of International Child Abduction by children and other victims of commercial BLUMENTHAL, Mr. NELSON, Mrs. countries with which the United States en- sexual exploitation and related crimes; to MCCASKILL, Mr. LEVIN, Mr. CARDIN, joys reciprocal obligations, to establish pro- the Committee on the Judiciary. Mr. FRANKEN, Mr. BROWN, Ms. BALD- cedures for the prompt return of children ab- By Mr. CORNYN (for himself and Mr. WIN, Mr. WHITEHOUSE, Mrs. SHAHEEN, ducted to other countries, and for other pur- CRUZ): Mr. MARKEY, Mr. MERKLEY, Ms. KLO- poses (Rept. No. 113–204). S. 2537. A bill to provide legal certainty to BUCHAR, Ms. HIRONO, Mr. MANCHIN, By Mr. HARKIN, from the Committee on property owners along the Red River in Mr. ROCKEFELLER, Mr. SCHATZ, Ms. Health, Education, Labor, and Pensions, Texas, and for other purposes; to the Com- WARREN, and Mrs. BOXER): with an amendment in the nature of a sub- mittee on Energy and Natural Resources. S. 2548. A bill to require the Commodity stitute: By Mr. KIRK (for himself and Ms. Futures Trading commission to take certain S. 2449. A bill to reauthorize certain provi- HIRONO): emergency action to eliminate excessive sions of the Public Health Service Act relat- S. 2538. A bill to amend the Public Health speculation in energy markets; to the Com- ing to autism, and for other purposes. Service Act to revise and extend the program mittee on Agriculture, Nutrition, and For- By Mr. LEAHY, from the Committee on for viral hepatitis surveillance, education, estry. the Judiciary, with an amendment in the na- and testing in order to prevent deaths from By Ms. KLOBUCHAR (for herself and ture of a substitute: chronic liver disease and liver cancer, and Mr. MCCAIN): S. 2454. A bill to amend title 17, United for other purposes; to the Committee on S. 2549. A bill to amend the Federal Food, States Code, to extend expiring provisions of Health, Education, Labor, and Pensions. Drug, and Cosmetic Act to allow for the per- the Satellite Television Extension and Lo- By Mr. HATCH (for himself and Mr. sonal importation of safe and affordable calism Act of 2010. CASEY): drugs from approved pharmacies in Canada; f S. 2539. A bill to amend the Public Health to the Committee on Health, Education, Labor, and Pensions. EXECUTIVE REPORTS OF Service Act to reauthorize certain programs relating to traumatic brain injury and to By Mr. PAUL (for himself and Mr. COMMITTEE trauma research; to the Committee on REID): The following executive reports of Health, Education, Labor, and Pensions. S. 2550. A bill to secure the Federal voting nominations were submitted: By Mr. DURBIN (for himself, Mr. rights of non-violent persons when released BROWN, Mr. REED, Ms. WARREN, Ms. from incarceration; to the Committee on the By Mr. JOHNSON of South Dakota, for the BALDWIN, and Mr. SANDERS): Judiciary. Committee on Banking, Housing, and Urban S. 2540. A bill to amend the Internal Rev- By Mrs. GILLIBRAND (for herself and Affairs. enue Code of 1986 to provide a tax credit to Mr. COATS): Laura S. Wertheimer, of the District of Co- Patriot employers, and for other purposes; to S. 2551. A bill to amend the Small Business lumbia, to be Inspector General of the Fed- the Committee on Finance. Act to establish the Innovative Approaches eral Housing Finance Agency. By Mr. TESTER (for himself and Mr. to Technology Transfer Grant Program; to *Julian Castro, of Texas, to be Secretary of BEGICH): the Committee on Small Business and Entre- Housing and Urban Development. S. 2541. A bill to allow additional appoint- preneurship. *Nomination was reported with rec- ing authorities to select individuals from By Mr. BROWN (for himself and Mr. ommendation that it be confirmed sub- competitive service certificates; to the Com- BLUMENTHAL):

VerDate Mar 15 2010 05:09 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.014 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4154 CONGRESSIONAL RECORD — SENATE June 26, 2014 S. 2552. A bill to enhance beneficiary and SUBMISSION OF CONCURRENT AND LANDRIEU, Mr. LEAHY, Mr. LEE, Mr. provider protections and improve trans- SENATE RESOLUTIONS LEVIN, Mr. MANCHIN, Mr. MARKEY, parency in the Medicare Advantage market, Mr. MCCAIN, Mrs. MCCASKILL, Mr. and for other purposes; to the Committee on The following concurrent resolutions MENENDEZ, Mr. MERKLEY, Ms. MIKUL- Finance. and Senate resolutions were read, and SKI, Mr. MORAN, Ms. MURKOWSKI, Mr. By Mr. WYDEN (for himself and Mr. referred (or acted upon), as indicated: MURPHY, Mrs. MURRAY, Mr. NELSON, HATCH): By Mr. CORNYN (for himself, Mr. Mr. PAUL, Mr. PORTMAN, Mr. PRYOR, S. 2553. A bill to amend title XVIII of the RUBIO, Mr. COATS, Mr. BOOZMAN, and Mr. REED, Mr. RISCH, Mr. ROBERTS, Social Security Act to provide for standard- Mr. MCCAIN): Mr. ROCKEFELLER, Mr. RUBIO, Mr. ized post-acute care assessment data for S. Res. 486. A resolution expressing the SANDERS, Mr. SCHATZ, Mr. SCHUMER, quality, payment, and discharge planning, sense of the Senate that President Obama Mr. SCOTT, Mr. SESSIONS, Mrs. SHA- and for other purposes; to the Committee on should take immediate action to mitigate HEEN, Mr. SHELBY, Ms. STABENOW, Finance. the humanitarian crisis along the inter- Mr. TESTER, Mr. THUNE, Mr. TOOMEY, By Ms. LANDRIEU: national border between the United States Mr. UDALL of Colorado, Mr. UDALL of S. 2554. An original bill to approve the Key- and Mexico involving unaccompanied mi- New Mexico, Mr. VITTER, Mr. WALSH, stone XL Pipeline; from the Committee on grant children and to prevent future crises; Mr. WARNER, Ms. WARREN, Mr. Energy and Natural Resources; placed on the to the Committee on the Judiciary. WHITEHOUSE, Mr. WICKER, and Mr. calendar. By Mr. CRUZ: WYDEN): By Ms. AYOTTE (for herself, Mr. CRUZ, S. Res. 487. A resolution expressing the S. Res. 494. A resolution relative to the Mr. DONNELLY, Mr. CORNYN, Mr. sense of the Senate that Attorney General death of Howard H. Baker, Jr., former United RUBIO, and Mr. MURPHY): Eric H. Holder, Jr. should appoint a special States Senator for the State of Tennessee; S. 2555. A bill to require a report on mili- counsel or prosecutor to investigate the tar- considered and agreed to. tary assistance to Ukraine; to the Com- geting of conservative nonprofit groups by By Ms. MIKULSKI (for herself and Mr. mittee on Foreign Relations. the Internal Revenue Service; to the Com- CARDIN): By Mr. LEVIN (for himself, Ms. KLO- mittee on the Judiciary. S. Con. Res. 38. A concurrent resolution ex- BUCHAR, Ms. STABENOW, Ms. BALDWIN, By Mr. ENZI (for himself, Mr. BAR- pressing the sense of Congress that Warren and Mr. BROWN): RASSO, Mr. CRAPO, Ms. HEITKAMP, Mr. Weinstein should be returned home to his S. 2556. A bill to require the Under Sec- HOEVEN, Mr. INHOFE, Mr. JOHANNS, family; to the Committee on Foreign Rela- retary for Oceans and Atmosphere to con- Mr. JOHNSON of South Dakota, Mr. tions. duct an assessment of cultural and historic MERKLEY, Mr. RISCH, Mr. TESTER, resources in the waters of the Great Lakes, f and Mr. WALSH): and for other purposes; to the Committee on S. Res. 488. A resolution designating July ADDITIONAL COSPONSORS Commerce, Science, and Transportation. 26, 2014, as ‘‘National Day of the American By Mr. REED (for himself and Mr. S. 654 Cowboy’’; to the Committee on the Judici- BROWN): At the request of Ms. LANDRIEU, the S. 2557. A bill to amend the Elementary ary. name of the Senator from Arkansas By Mr. KIRK: and Secondary Education Act of 1965 to pro- (Mr. BOOZMAN) was added as a cospon- vide for State accountability in the provi- S. Res. 489. A resolution supporting the goals and ideals of ‘‘Growth Awareness sor of S. 654, a bill to amend the Inter- sion of access to the core resources for learn- nal Revenue Code of 1986 to provide for ing, and for other purposes; to the Com- Week’’; to the Committee on the Judiciary. mittee on Health, Education, Labor, and By Mr. COONS (for himself, Mr. BOOK- collegiate housing and infrastructure Pensions. ER, Mr. CARDIN, and Mr. MENENDEZ): grants. By Mr. UDALL of New Mexico (for S. Res. 490. A resolution commemorating S. 719 the 50th Anniversary of the Cape May-Lewes himself and Mr. HEINRICH): At the request of Mr. BLUMENTHAL, Ferry; considered and agreed to. S. 2558. A bill to require the Administrator the name of the Senator from Vermont of the Environmental Protection Agency to By Mrs. BOXER (for herself and Mrs. (Mr. SANDERS) was added as a cospon- revise the definition of the term ‘‘colonia’’, FEINSTEIN): and for other purposes; to the Committee on S. Res. 491. A resolution congratulating the sor of S. 719, a bill to provide for the Environment and Public Works. Los Angeles Kings on winning the 2014 Stan- expansion of Federal efforts concerning By Mr. ROCKEFELLER: ley Cup Championship; considered and the prevention, education, treatment, S. 2559. A bill to provide greater trans- agreed to. and research activities related to Lyme parency, accountability, and safety author- By Ms. KLOBUCHAR (for herself and and other tick-borne diseases, includ- ity to the National Highway Traffic Safety Mr. FRANKEN): ing the establishment of a Tick-Borne S. Res. 492. A resolution congratulating ‘‘A Administration, and for other purposes; to Diseases Advisory Committee. the Committee on Commerce, Science, and Prairie Home Companion’’ on its 40 years of Transportation. engaging, humorous, and quality radio pro- S. 742 By Mr. CARDIN (by request): gramming; considered and agreed to. At the request of Mr. CARDIN, the S. 2560. A bill to authorize the United By Mr. TESTER (for himself, Mr. name of the Senator from North Da- States Fish and Wildlife Service to seek BURR, and Mr. BEGICH): kota (Mr. HOEVEN) was added as a co- compensation for injuries to trust resources S. Res. 493. A resolution designating July sponsor of S. 742, a bill to amend the 11, 2014, as ‘‘Collector Car Appreciation Day’’ and use those funds to restore, replace, or ac- Internal Revenue Code of 1986 and the quire equivalent resources, and for other and recognizing that the collection and res- purposes; to the Committee on Environment toration of historic and classic cars is an im- Small Business Act to expand the and Public Works. portant part of preserving the technological availability of employee stock owner- By Mr. MCCAIN (for himself and Mr. achievements and cultural heritage of the ship plans in S corporations, and for FLAKE): United States; considered and agreed to. other purposes. By Mr. MCCONNELL (for himself, Mr. S. 2561. A bill to prevent organized human S. 836 smuggling, and for other purposes; to the REID, Mr. ALEXANDER, Mr. CORKER, At the request of Mr. BROWN, the Committee on the Judiciary. Ms. AYOTTE, Ms. BALDWIN, Mr. BAR- By Ms. STABENOW (for herself, Mr. RASSO, Mr. BEGICH, Mr. BENNET, Mr. name of the Senator from Washington WALSH, Mr. WARNER, Mr. PRYOR, Mr. BLUMENTHAL, Mr. BLUNT, Mr. BOOK- (Ms. CANTWELL) was added as a cospon- UDALL of Colorado, Mr. UDALL of New ER, Mr. BOOZMAN, Mrs. BOXER, Mr. sor of S. 836, a bill to amend the Inter- Mexico, Mrs. SHAHEEN, Mrs. HAGAN, BROWN, Mr. BURR, Ms. CANTWELL, Mr. nal Revenue Code of 1986 to strengthen Mr. COONS, Mr. REED, Mr. DURBIN, CARDIN, Mr. CARPER, Mr. CASEY, Mr. the earned income tax credit and make Mr. MERKLEY, Mr. FRANKEN, Mr. CHAMBLISS, Mr. COATS, Mr. COBURN, permanent certain tax provisions under MARKEY, Mr. ROCKEFELLER, Mr. Mr. COCHRAN, Ms. COLLINS, Mr. the American Recovery and Reinvest- COONS, Mr. CORNYN, Mr. CRAPO, Mr. WHITEHOUSE, Ms. BALDWIN, Mr. ment Act of 2009. BLUMENTHAL, Ms. KLOBUCHAR, Mrs. CRUZ, Mr. DONNELLY, Mr. DURBIN, Mr. MCCASKILL, and Mr. SCHATZ): ENZI, Mrs. FEINSTEIN, Mrs. FISCHER, S. 948 S. 2562. A bill to provide an incentive to Mr. FLAKE, Mr. FRANKEN, Mrs. GILLI- At the request of Mr. SCHUMER, the businesses to bring jobs back to America; BRAND, Mr. GRAHAM, Mr. GRASSLEY, name of the Senator from Missouri read the first time. Mrs. HAGAN, Mr. HARKIN, Mr. HATCH, (Mr. BLUNT) was added as a cosponsor By Ms. KLOBUCHAR (for herself and Mr. HEINRICH, Ms. HEITKAMP, Mr. of S. 948, a bill to amend title XVIII of Mr. HOEVEN): HELLER, Ms. HIRONO, Mr. HOEVEN, Mr. S. 2563. A bill to amend title 23, United INHOFE, Mr. ISAKSON, Mr. JOHANNS, the Social Security Act to provide for States Code, to improve highway safety and Mr. JOHNSON of Wisconsin, Mr. JOHN- coverage and payment for complex re- for other purposes; to the Committee on SON of South Dakota, Mr. KAINE, Mr. habilitation technology items under Commerce, Science, and Transportation. KING, Mr. KIRK, Ms. KLOBUCHAR, Ms. the Medicare program.

VerDate Mar 15 2010 05:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.023 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 26, 2014 CONGRESSIONAL RECORD — SENATE S4155 S. 1027 CHAMBLISS) was added as a cosponsor of ignate the American Discovery Trail, At the request of Mr. KIRK, the name S. 1688, a bill to award the Congres- and for other purposes. of the Senator from Alaska (Ms. MUR- sional Gold Medal to the members of S. 2349 KOWSKI) was added as a cosponsor of S. the Office of Strategic Services (OSS), At the request of Mr. SANDERS, the 1027, a bill to improve, coordinate, and collectively, in recognition of their su- name of the Senator from Wisconsin enhance rehabilitation research at the perior service and major contributions (Ms. BALDWIN) was added as a cospon- National Institutes of Health. during World War II. sor of S. 2349, a bill to establish a grant S. 1114 S. 1799 program to enable States to promote At the request of Mr. BROWN, the At the request of Mr. COONS, the participation in dual enrollment pro- names of the Senator from Maryland name of the Senator from Delaware grams, and for other purposes. (Mr. CARDIN) and the Senator from (Mr. CARPER) was added as a cosponsor S. 2363 Alaska (Mr. BEGICH) were added as co- of S. 1799, a bill to reauthorize subtitle At the request of Mrs. HAGAN, the sponsors of S. 1114, a bill to provide for A of the Victims of Child Abuse Act of name of the Senator from Michigan identification of misaligned currency, 1990. (Ms. STABENOW) was added as a cospon- require action to correct the misalign- S. 1875 sor of S. 2363, a bill to protect and en- ment, and for other purposes. At the request of Mr. WYDEN, the hance opportunities for recreational S. 1128 name of the Senator from Connecticut hunting, fishing, and shooting, and for At the request of Mr. TOOMEY, the (Mr. BLUMENTHAL) was added as a co- other purposes. name of the Senator from Connecticut sponsor of S. 1875, a bill to provide for S. 2395 (Mr. MURPHY) was added as a cosponsor wildfire suppression operations, and for At the request of Mr. MENENDEZ, the of S. 1128, a bill to clarify the orphan other purposes. name of the Senator from New Mexico drug exception to the annual fee on S. 2037 (Mr. HEINRICH) was added as a cospon- branded prescription pharmaceutical At the request of Mr. TESTER, the sor of S. 2395, a bill to repeal the Au- manufacturers and importers. name of the Senator from Washington thorization for Use of Military Force S. 1184 (Ms. CANTWELL) was added as a cospon- Against Iraq Resolution of 2002. At the request of Mr. CARPER, the sor of S. 2037, a bill to amend title S. 2414 name of the Senator from Illinois (Mr. XVIII of the Social Security Act to re- At the request of Mr. MCCONNELL, KIRK) was added as a cosponsor of S. move the 96-hour physician certifi- the name of the Senator from Nevada 1184, a bill to amend title XVIII of the cation requirement for inpatient crit- (Mr. HELLER) was added as a cosponsor Social Security Act to include infor- ical access hospital services. of S. 2414, a bill to amend the Clean Air mation on the coverage of intensive be- S. 2091 Act to prohibit the regulation of emis- havioral therapy for obesity in the At the request of Mr. HELLER, the sions of carbon dioxide from new or ex- Medicare and You Handbook and to name of the Senator from Illinois (Mr. isting power plants under certain cir- provide for the coordination of pro- DURBIN) was added as a cosponsor of S. cumstances. grams to prevent and treat obesity, 2091, a bill to amend title 38, United S. 2449 and for other purposes. States Code, to improve the processing At the request of Mr. MENENDEZ, the S. 1396 by the Department of Veterans Affairs names of the Senator from Minnesota At the request of Mr. REID, the name of claims for benefits under laws ad- (Ms. KLOBUCHAR), the Senator from of the Senator from Alaska (Mr. ministered by the Secretary of Vet- North Carolina (Mr. BURR), the Senator BEGICH) was added as a cosponsor of S. erans Affairs, and for other purposes. from New York (Mr. SCHUMER), the 1396, a bill to authorize the Federal S. 2192 Senator from Missouri (Mr. BLUNT), the Emergency Management Agency to At the request of Mr. MARKEY, the Senator from Iowa (Mr. HARKIN), the award mitigation financial assistance name of the Senator from Mississippi Senator from Kansas (Mr. MORAN) and in certain areas affected by wildfire. (Mr. WICKER) was added as a cosponsor the Senator from Delaware (Mr. COONS) S. 1406 of S. 2192, a bill to amend the National were added as cosponsors of S. 2449, a At the request of Ms. AYOTTE, the Alzheimer’s Project Act to require the bill to reauthorize certain provisions of name of the Senator from Indiana (Mr. Director of the National Institutes of the Public Health Service Act relating DONNELLY) was added as a cosponsor of Health to prepare and submit, directly to autism, and for other purposes. S. 1406, a bill to amend the Horse Pro- to the President for review and trans- S. 2483 tection Act to designate additional un- mittal to Congress, an annual budget At the request of Mr. BLUMENTHAL, lawful acts under the Act, strengthen estimate (including an estimate of the the name of the Senator from Wis- penalties for violations of the Act, im- number and type of personnel needs for consin (Ms. BALDWIN) was added as a prove Department of Agriculture en- the Institutes) for the initiatives of the cosponsor of S. 2483, a bill to amend forcement of the Act, and for other National Institutes of Health pursuant title 18, United States Code, to protect purposes. to such an Act. more victims of domestic violence by S. 1445 S. 2235 preventing their abusers from pos- At the request of Mr. PRYOR, the At the request of Mr. REID, his name sessing or receiving firearms, and for name of the Senator from New Mexico was added as a cosponsor of S. 2235, a other purposes. (Mr. UDALL) was added as a cosponsor bill to secure the Federal voting rights S. 2496 of S. 1445, a bill to amend the Public of persons when released from incarcer- At the request of Mr. BARRASSO, the Health Service Act to provide for the ation. names of the Senator from Indiana participation of optometrists in the S. 2329 (Mr. COATS) and the Senator from Ten- National Health Service Corps scholar- At the request of Mrs. SHAHEEN, the nessee (Mr. ALEXANDER) were added as ship and loan repayment programs, and name of the Senator from West Vir- cosponsors of S. 2496, a bill to preserve for other purposes. ginia (Mr. MANCHIN) was added as a co- existing rights and responsibilities S. 1622 sponsor of S. 2329, a bill to prevent with respect to waters of the United At the request of Ms. HEITKAMP, the Hezbollah from gaining access to inter- States. name of the Senator from Maryland national financial and other institu- S. 2507 (Ms. MIKULSKI) was added as a cospon- tions, and for other purposes. At the request of Mr. MENENDEZ, the sor of S. 1622, a bill to establish the S. 2346 name of the Senator from New Hamp- Alyce Spotted Bear and Walter At the request of Mr. COONS, the shire (Mrs. SHAHEEN) was added as a co- Soboleff Commission on Native Chil- name of the Senator from Maryland sponsor of S. 2507, a bill to provide that dren, and for other purposes. (Ms. MIKULSKI) was added as a cospon- service of the members of the organiza- S. 1688 sor of S. 2346, a bill to amend the Na- tion known as the United States Cadet At the request of Mr. KIRK, the name tional Trails System Act to include na- Nurse Corps during World War II con- of the Senator from Georgia (Mr. tional discovery trails, and to des- stituted active military service for

VerDate Mar 15 2010 05:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.016 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4156 CONGRESSIONAL RECORD — SENATE June 26, 2014 purposes of laws administered by the holds all right, title, and interest to those ‘‘(b) PATRIOT EMPLOYER.— Secretary of Veterans Affairs. lands. ‘‘(1) IN GENERAL.—For purposes of sub- (b) PUBLIC NOTIFICATION.—The Secretary section (a), the term ‘Patriot employer’ f shall publish in the Federal Register and on means, with respect to any taxable year, any STATEMENTS ON INTRODUCED official and appropriate Web sites the proc- taxpayer— BILLS AND JOINT RESOLUTIONS ess to receive written and/or electronic sub- ‘‘(A) which— missions of the documents required under ‘‘(i) maintains its headquarters in the By Mr. CORNYN (for himself and subsection (a). The Secretary shall treat all United States if the taxpayer (or any prede- Mr. CRUZ): proper notifications received from the claim- cessor) has ever been headquartered in the S. 2537. A bill to provide legal cer- ant as fulfilling the satisfaction require- United States, and tainty to property owners along the ments under subsection (a). ‘‘(ii) is not (and no predecessor of which is) Red River in Texas, and for other pur- (c) STANDARD OF APPROVAL.—The Sec- an expatriated entity (as defined in section poses; to the Committee on Energy and retary shall accept all official county and 7874(a)(2)) for the taxable year or any pre- ceding taxable year ending after March 4, Natural Resources. State records as filed in the county on the date of submission proving right, title, and 2003, Mr. CORNYN. Mr. President, I ask interest. ‘‘(B) with respect to which no assessable unanimous consent that the text of the (d) TIME PERIOD FOR APPROVAL OR DIS- payment has been imposed under section bill be printed in the RECORD. APPROVAL OF REQUEST.—The Secretary shall 4980H with respect to any month occurring There being no objection, the text of approve or disapprove a request for a quit during the taxable year, and the bill was ordered to be printed in claim deed under subsection (a) not later ‘‘(C) in the case of— the RECORD, as follows: than 120 days after the date on which the ‘‘(i) a taxpayer which employs an average written request is received by the Secretary. of more than 50 employees on business days S. 2537 If the Secretary fails to approve or dis- during the taxable year, which— Be it enacted by the Senate and House of Rep- approve such a request by the end of such ‘‘(I) provides compensation for at least 90 resentatives of the United States of America in 120-day period, the request shall be deemed percent of its employees for services pro- Congress assembled, to be approved. vided by such employees during the taxable SECTION 1. SHORT TITLE. SEC. 4. RESOURCE MANAGEMENT PLAN. year at an hourly rate (or equivalent there- of) not less than an amount equal to 150 per- This Act may be cited as the ‘‘Red River The Secretary shall ensure that no parcels cent of the Federal poverty level for a family Private Property Protection Act’’. of Red River lands are treated as Federal of three for the calendar year in which the SEC. 2. FINDINGS. land for the purpose of any resource manage- taxable year begins divided by 2,080, Congress finds as follows: ment plan until the Secretary has ensured ‘‘(II) meets the retirement plan require- (1) In 1923, the Supreme Court found the that such parcels are not subject to transfer ments of subsection (c) with respect to at border between Texas and Oklahoma to be: under section 3. ‘‘the water-washed and relatively permanent least 90 percent of its employees providing SEC. 5. DEFINITIONS. services during the taxable year who are not elevation or acclivity at the outer line of the For the purposes of this Act— highly compensated employees, and river bed which separates the bed from the (1) the term ‘‘Red River lands’’ means ‘‘(III) meets the additional requirements of adjacent upland, whether valley or hill, and lands along the approximately 539-mile subparagraphs (A) and (B) of paragraph (2), serves to confine the waters within the bed stretch of the Red River between the States or and to preserve the course of the river, and of Texas and Oklahoma; and ‘‘(ii) any other taxpayer, which meets the that the boundary intended is on and along (2) the term ‘‘Secretary’’ means the Sec- requirements of either subclause (I) or (II) of the bank at the average or mean level at- retary of the Interior, acting through the Di- clause (i) for the taxable year. tained by the waters in the periods when rector of Bureau of Land Management. ‘‘(2) ADDITIONAL REQUIREMENTS FOR LARGE they reach and wash the bank without over- EMPLOYERS.— flowing it. When we speak of the bed, we in- By Mr. DURBIN (for himself, Mr. ‘‘(A) UNITED STATES EMPLOYMENT.—The re- clude all of the area which is kept prac- BROWN, Mr. REED, Ms. WARREN, quirements of this subparagraph are met for tically bare of vegetation by the wash of the Ms. BALDWIN, and Mr. SAND- any taxable year if— waters of the river from year to year in their ‘‘(i) in any case in which the taxpayer in- onward course, although parts of it are left ERS): S. 2540. A bill to amend the Internal creases the number of employees performing dry for months at a time, and we exclude the substantially all of their services for the tax- lateral valleys, which have the characteris- Revenue Code of 1986 to provide a tax able year outside the United States, the tax- tics of relatively fast land and usually are credit to Patriot employers, and for payer either— covered by upland grasses and vegetation, al- other purposes; to the Committee on ‘‘(I) increases the number of employees though temporarily overflowed in excep- Finance. performing substantially all of their services tional instances when the river is at flood.’’. Mr. DURBIN. Mr. President, I ask inside the United States by an amount not (2) This would become known as the ‘‘gra- unanimous consent that the text of the less than the increase in such number for dient boundary’’. employees outside the United States, or bill be printed in the RECORD. (3) This decision makes clear that, absent ‘‘(II) has a percentage increase in such em- water that is physically touching the bank, There being no objection, the text of ployees inside the United States which is not the high bluff or ‘‘ancient bank’’ along the the bill was ordered to be printed in less than the percentage increase in such em- southern edge of the Red River is not the the RECORD, as follows: ployees outside the United States, boundary between Texas and Oklahoma. S. 2540 ‘‘(ii) in any case in which the taxpayer de- (4) In 2000, Public Law 106–288 ratified the Be it enacted by the Senate and House of Rep- creases the number of employees performing Red River Boundary Compact agreed to and resentatives of the United States of America in substantially all of their services for the tax- signed into State law by Texas and Okla- Congress assembled, able year inside the United States, the tax- homa that sets the boundary between the payer either— SECTION 1. SHORT TITLE. States to be the vegetation line on the south ‘‘(I) decreases the number of employees This Act may be cited as the ‘‘Patriot Em- bank of the Red River, except for the performing substantially all of their services ployer Tax Credit Act’’. Texoma area where the boundary is estab- outside the United States by an amount not lished pursuant to procedures provided for in SEC. 2. PATRIOT EMPLOYER TAX CREDIT. less than the decrease in such number for the Compact. (a) IN GENERAL.—Subpart D of part IV of employees inside the United States, or (5) Therefore, the Bureau of Land Manage- subchapter A of chapter 1 of the Internal ‘‘(II) has a percentage decrease in employ- ment should have no claim to land that is ei- Revenue Code of 1986 is amended by adding ees outside the United States which is not ther south of the ‘‘gradient boundary’’ estab- at the end the following new section: less than the percentage decrease in such lished by the Supreme Court or south of the ‘‘SEC. 45S. PATRIOT EMPLOYER TAX CREDIT. employees inside the United States, and vegetation line on the southern bank of the ‘‘(a) DETERMINATION OF AMOUNT.— ‘‘(iii) there is not a decrease in the number Red River pursuant to Public Law 106–288 ‘‘(1) IN GENERAL.—For purposes of section of employees performing substantially all of whereby landowners have proof of their 38, the Patriot employer credit determined their services for the taxable year inside the right, title, and interest to the land and have under this section with respect to any tax- United States by reason of the taxpayer con- been paying property taxes accordingly. payer who is a Patriot employer for any tax- tracting out such services to persons who are SEC. 3. ISSUANCE OF QUIT CLAIM DEEDS. able year shall be equal to 10 percent of the not employees of the taxpayer. (a) IN GENERAL.—The Secretary shall relin- qualified wages paid or incurred by the Pa- ‘‘(B) TREATMENT OF INDIVIDUALS IN THE UNI- quish and shall transfer by quit claim deed triot employer. FORMED SERVICES AND THE DISABLED.—The re- all right, title, and interest of the United ‘‘(2) LIMITATION.—The amount of qualified quirements of this subparagraph are met for States in and to Red River lands to any wages which may be taken into account any taxable year if— claimant who demonstrates to the satisfac- under paragraph (1) with respect to any em- ‘‘(i) the taxpayer provides differential wage tion of the Secretary that official county or ployee for any taxable year shall not exceed payments (as defined in section 3401(h)(2)) to State records indicate that the claimant $15,000. each employee described in section

VerDate Mar 15 2010 05:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.017 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 26, 2014 CONGRESSIONAL RECORD — SENATE S4157 3401(h)(2)(A) for any period during the tax- ‘‘(I) the lesser of 2 percent multiplied by of such person, was an expatriated entity (as able year in an amount not less than the dif- the employee’s years of service (determined defined in section 7874(a)(2)) for any taxable ference between the wages which would have under the rules of paragraphs (4), (5), and (6) year ending after March 4, 2003, then all per- been received from the employer during such of section 411(a)) with the employer or 20 per- sons treated as a single taxpayer with such period and the amount of pay and allowances cent, multiplied by person shall be treated as expatriated enti- which the employee receives for service in ‘‘(II) the employee’s final average pay, or ties. the uniformed services during such period, ‘‘(ii) which is an applicable defined benefit ‘‘(f) ELECTION TO HAVE CREDIT NOT and plan (as defined in section 411(a)(13)(B))— APPLY.— ‘‘(ii) the taxpayer has in place at all times ‘‘(I) which meets the interest credit re- ‘‘(1) IN GENERAL.—A taxpayer may elect to during the taxable year a written policy for quirements of section 411(b)(5)(B)(i) with re- have this section not apply for any taxable the recruitment of employees who have spect to the plan year, and year. served in the uniformed services or who are ‘‘(II) under which the employee receives a ‘‘(2) TIME FOR MAKING ELECTION.—An elec- disabled. pay credit for the plan year which is not less tion under paragraph (1) for any taxable year ‘‘(3) SPECIAL RULES FOR APPLYING THE MIN- than 5 percent of compensation. may be made (or revoked) at any time before IMUM WAGE AND RETIREMENT PLAN REQUIRE- ‘‘(3) DEFINITIONS AND SPECIAL RULES.—For the expiration of the 3-year period beginning MENTS.— purposes of this subsection— on the last date prescribed by law for filing ‘‘(A) MINIMUM WAGE.—In determining ‘‘(A) ELIGIBLE RETIREMENT PLAN.—The the return for such taxable year (determined whether the minimum wage requirements of term ‘eligible retirement plan’ has the mean- without regard to extensions). ing given such term by section 402(c)(8)(B), paragraph (1)(C)(i)(I) are met with respect to ‘‘(3) MANNER OF MAKING ELECTION.—An 90 percent of a taxpayer’s employees for any except that in the case of an account or an- election under paragraph (1) (or revocation taxable year— nuity described in clause (i) or (ii) thereof, thereof) shall be made in such manner as the ‘‘(i) a taxpayer may elect to exclude from such term shall only include an account or Secretary may by regulations prescribe.’’. such determination apprentices or learners annuity which is a simplified employee pen- sion (as defined in section 408(k)). (b) ALLOWANCE AS GENERAL BUSINESS CRED- that an employer may exclude under the reg- IT.—Section 38(b) of the Internal Revenue ‘‘(B) FINAL AVERAGE PAY.—For purposes of ulations under section 14(a) of the Fair Code of 1986 is amended by striking ‘‘plus’’ at Labor Standards Act of 1938, and paragraph (2)(B)(i)(II), final average pay shall be determined using the period of con- the end of paragraph (35), by striking the pe- ‘‘(ii) if a taxpayer meets the requirements riod at the end of paragraph (36) and insert- of paragraph (2)(B)(i) with respect to pro- secutive years (not exceeding 5) during which the employee had the greatest compensation ing ‘‘, plus’’, and by adding at the end the viding differential wage payments to any following: employee for any period (without regard to from the taxpayer. ‘‘(C) ALTERNATIVE PLAN DESIGNS.—The Sec- ‘‘(37) in the case of a Patriot employer (as whether such requirements apply to the tax- defined in section 45S(b)) for any taxable payer), the hourly rate (or equivalent there- retary may prescribe regulations for a tax- payer to meet the requirements of this sub- year, the Patriot employer credit deter- of) for such payments shall be determined on mined under section 45S(a).’’. the basis of the wages which would have been section through a combination of defined (c) DENIAL OF DOUBLE BENEFIT.—Sub- paid by the employer during such period if contribution plans or defined benefit plans described in paragraph (1) or through a com- section (a) of section 280C of the Internal the employee had not been providing service bination of both such types of plans. Revenue Code of 1986 is amended by inserting in the uniformed services. ‘‘(D) PLANS MUST MEET REQUIREMENTS WITH- ‘‘45S(a),’’ after ‘‘45P(a)’’. ‘‘(B) RETIREMENT PLAN.—In determining OUT TAKING INTO ACCOUNT SOCIAL SECURITY whether the retirement plan requirements of (d) EFFECTIVE DATE.—The amendments AND SIMILAR CONTRIBUTIONS AND BENEFITS.—A paragraph (1)(C)(i)(II) are met with respect made by this section shall apply to taxable rule similar to the rule of section 416(e) shall to 90 percent of a taxpayer’s employees for years beginning after December 31, 2014. apply. any taxable year, a taxpayer may elect to SEC. 3. DEFER DEDUCTION OF INTEREST EX- ‘‘(d) QUALIFIED WAGES AND COMPENSA- exclude from such determination— PENSE RELATED TO DEFERRED IN- TION.—For purposes of this section— ‘‘(i) employees not meeting the age or serv- COME. ‘‘(1) IN GENERAL.—The term ‘qualified (a) IN GENERAL.—Section 163 of the Inter- ice requirements under section 410(a)(1) (or wages’ means wages (as defined in section nal Revenue Code of 1986 (relating to deduc- such lower age or service requirements as 51(c), determined without regard to para- tions for interest expense) is amended by re- the employer provides), and graph (4) thereof) paid or incurred by the Pa- designating subsection (n) as subsection (o) ‘‘(ii) employees described in section triot employer during the taxable year to and by inserting after subsection (m) the fol- 410(b)(3). employees— lowing new subsection: ‘‘(c) RETIREMENT PLAN REQUIREMENTS.— ‘‘(A) who perform substantially all of their ‘‘(1) IN GENERAL.—The requirements of this services for such Patriot employer inside the ‘‘(n) DEFERRAL OF DEDUCTION FOR INTEREST subsection are met for any taxable year with United States, and EXPENSE RELATED TO DEFERRED INCOME.— respect to an employee of the taxpayer who ‘‘(B) with respect to whom— ‘‘(1) GENERAL RULE.—The amount of for- is not a highly compensated employee if the ‘‘(i) in the case of a Patriot employer eign-related interest expense of any taxpayer employee is eligible to participate in 1 or which employs an average of more than 50 allowed as a deduction under this chapter for more applicable eligible retirement plans employees on business days during the tax- any taxable year shall not exceed an amount maintained by the employer for a plan year able year, the requirements of subclauses (I) equal to the applicable percentage of the ending with or within the taxable year. and (II) of subsection (b)(1)(C)(i) are met, and sum of— ‘‘(2) APPLICABLE ELIGIBLE RETIREMENT ‘‘(ii) in the case of any other Patriot em- ‘‘(A) the taxpayer’s foreign-related interest PLAN.—For purposes of this subsection, the ployer, the requirements of either subclause expense for the taxable year, plus term ‘applicable eligible retirement plan’ (I) or (II) of subsection (b)(1)(C)(i) are met . ‘‘(B) the taxpayer’s deferred foreign-re- lated interest expense. means an eligible retirement plan which, ‘‘(2) SPECIAL RULES FOR AGRICULTURAL with respect to the plan year described in LABOR AND RAILWAY LABOR.—Rules similar to For purposes of the paragraph, the applicable paragraph (1), is either— the rules of section 51(h) shall apply. percentage is the percentage equal to the ‘‘(A) a defined contribution plan which— ‘‘(3) COMPENSATION.—For purposes of sub- current inclusion ratio. ‘‘(i) requires the employer to make non- sections (b)(1)(C)(i)(I) and (c), the term ‘com- ‘‘(2) TREATMENT OF DEFERRED DEDUC- elective contributions of at least 5 percent of pensation’ has the same meaning as qualified TIONS.—If, for any taxable year, the amount the compensation of the employee, or wages, except that section 51(c)(2) shall be of the limitation determined under para- ‘‘(ii) both— disregarded in determining the amount of graph (1) exceeds the taxpayer’s foreign-re- ‘‘(I) includes an eligible automatic con- such wages. lated interest expense for the taxable year, tribution arrangement (as defined in section ‘‘(e) AGGREGATION RULES.—For purposes of there shall be allowed as a deduction for the 414(w)(3)) under which the uniform percent- this section— taxable year an amount equal to the lesser age described in section 414(w)(3)(B) is at ‘‘(1) IN GENERAL.—All persons treated as a of— least 5 percent, and single employer under subsection (a) or (b) of ‘‘(A) such excess, or ‘‘(II) requires the employer to make section 52 shall be treated as a single tax- ‘‘(B) the taxpayer’s deferred foreign-re- matching contributions of 100 percent of the payer. lated interest expense. elective deferrals (as defined in section ‘‘(2) SPECIAL RULES FOR CERTAIN REQUIRE- ‘‘(3) DEFINITIONS AND SPECIAL RULE.—For 414(u)(2)(C)) of the employee to the extent MENTS.—For purposes of applying paragraphs purposes of this subsection— such deferrals do not exceed the percentage (1)(A) and (2)(A) of subsection (b)— ‘‘(A) FOREIGN-RELATED INTEREST EX- specified by the plan (not less than 5 percent) ‘‘(A) the determination under subsections PENSE.—The term ‘foreign-related interest of the employee’s compensation, or (a) and (b) of section 52 for purposes of para- expense’ means, with respect to any tax- ‘‘(B) a defined benefit plan— graph (1) shall be made without regard to payer for any taxable year, the amount ‘‘(i) with respect to which the accrued ben- section 1563(b)(2)(C) (relating to exclusion of which bears the same ratio to the amount of efit of the employee derived from employer foreign corporations), and interest expense for such taxable year allo- contributions, when expressed as an annual ‘‘(B) if any person treated as a single tax- cated and apportioned under sections 861, retirement benefit, is not less than the prod- payer under this subsection (after applica- 864(e), and 864(f) to income from sources out- uct of— tion of subparagraph (A)), or any predecessor side the United States as—

VerDate Mar 15 2010 05:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.026 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4158 CONGRESSIONAL RECORD — SENATE June 26, 2014 ‘‘(i) the value of all stock held by the tax- of a deficit in earnings and profits of a sec- responders in our communities are payer in all section 902 corporations with re- tion 902 corporation, equipped to respond quickly and appro- spect to which the taxpayer meets the own- ‘‘(D) for appropriate adjustments to the de- priately. ership requirements of subsection (a) or (b) termination of the value of stock in any sec- To improve first responder training, I of section 902, bears to tion 902 corporation for purposes of this sub- ‘‘(ii) the value of all assets of the taxpayer section or to the foreign-related interest ex- am introducing the RESPONSE Act to which generate gross income from sources pense to account for income that is subject bring together relevant agencies, emer- outside the United States. to tax under section 882(a)(1), and gency responders, technical experts ‘‘(B) DEFERRED FOREIGN-RELATED INTEREST ‘‘(E) for the proper application of this sub- and the private sector under FEMA’s EXPENSE.—The term ‘deferred foreign-related section with respect to interest expense that National Advisory Council to review interest expense’ means the excess, if any, of is directly allocable to income with respect the training, resources, best practices the aggregate foreign-related interest ex- to certain assets.’’. and unmet needs on emergency re- pense for all prior taxable years beginning (b) EFFECTIVE DATE.—The amendments after December 31, 2014, over the aggregate made by this section shall apply to taxable sponse to railroad hazmat incidents, amount allowed as a deduction under para- years beginning after December 31, 2014. including crude oil transport. This graphs (1) and (2) for all such prior taxable group would be tasked with reviewing years. By Ms. HEITKAMP (for herself current training, funding, existing ‘‘(C) VALUE OF ASSETS.—Except as other- and Mr. SCHUMER): emergency response plans and pro- wise provided by the Secretary, for purposes S. 2547. A bill to establish the Rail- viding recommendations on steps to of subparagraph (A)(ii), the value of any road Emergency Services Prepared- enhance emergency responder training asset shall be the amount with respect to ness, Operational Needs, and Safety such asset determined for purposes of allo- and improve the allocation of resources cating and apportioning interest expense Evaluation (RESPONSE) Sub- to meet the needs. under sections 861, 864(e), and 864(f). committee under the Federal Emer- Our local first responders are on the ‘‘(D) CURRENT INCLUSION RATIO.—The term gency Management Agency’s National front lines and will be the first to re- ‘current inclusion ratio’ means, with respect Advisory Council to provide rec- spond in an emergency. We need to to any domestic corporation which meets the ommendations on emergency responder make sure they are equipped with the ownership requirements of subsection (a) or training and resources relating to haz- knowledge and training to protect our (b) of section 902 with respect to one or more ardous materials incidents involving communities. I hope my colleagues will section 902 corporations for any taxable year, the ratio (expressed as a percentage) railroads, and for other purposes; to join me in this effort. of— the Committee on Homeland Security ‘‘(i) the sum of all dividends received by and Governmental Affairs. By Mr. SANDERS (for himself, the domestic corporation from all such sec- Ms. HEITKAMP. Mr. President, on Mr. BLUMENTHAL, Mr. NELSON, tion 902 corporations during the taxable year December 30, 2013, outside of Casselton, Mrs. MCCASKILL, Mr. LEVIN, Mr. plus amounts includible in gross income ND, a train carrying crude oil derailed CARDIN, Mr. FRANKEN, Mr. under section 951(a) from all such section 902 setting off a series of explosions and BROWN, Ms. BALDWIN, Mr. corporations, in each case computed without fire. The first on the scene that day WHITEHOUSE, Mrs. SHAHEEN, Mr. regard to section 78, divided by MARKEY, Mr. MERKLEY, Ms. ‘‘(ii) the aggregate amount of post-1986 un- were our local first responders from the distributed earnings. Casselton Fire Department, a small KLOBUCHAR, Ms. HIRONO, Mr. ‘‘(E) AGGREGATE AMOUNT OF POST-1986 UN- volunteer department. MANCHIN, Mr. ROCKEFELLER, DISTRIBUTED EARNINGS.—The term ‘aggregate Whether floods, tornados, accidents, Mr. SCHATZ, Ms. WARREN, and amount of post-1986 undistributed earnings’ or man-made incidents, our local first Mrs. BOXER): means, with respect to any domestic cor- responders are on the front line and we S. 2548. A bill to require the Com- poration which meets the ownership require- need to make sure they are trained and modity Futures Trading commission to ments of subsection (a) or (b) of section 902 prepared to handle anything that may take certain emergency action to with respect to one or more section 902 cor- porations, the domestic corporation’s pro come their way and that they have the eliminate excessive speculation in en- rata share of the post-1986 undistributed equipment necessary to do their jobs ergy markets; to the Committee on Ag- earnings (as defined in section 902(c)(1)) of all effectively and efficiently. The inci- riculture, Nutrition, and Forestry. such section 902 corporations. dent in Casselton and others across the Mr. SANDERS. Mr. President, as we ‘‘(F) FOREIGN CURRENCY CONVERSION.—For country have shined a bright light on are about to begin the Fourth of July purposes of determining the current inclu- the need to make sure our local first district work period in my State and sion ratio, and except as otherwise provided responders are prepared specifically for throughout this country, many people by the Secretary, the aggregate amount of are going to be getting into their auto- post-1986 undistributed earnings for the tax- emerging threats and hazards. able year shall be determined by translating Only a few short years ago, trains mobiles and they are going to be trav- each section 902 corporation’s post-1986 un- carried very little crude. And when eling. In general, people who live in distributed earnings into dollars using the crude was carried by rail, it was in rel- rural States such as Vermont don’t average exchange rate for such year. atively small amounts mixed in with a have the option of getting on a subway. ‘‘(G) SECTION 902 CORPORATION.—The term variety of other commodities and con- They don’t have the option of getting ‘section 902 corporation’ has the meaning tainer shipments. Since that time, our on a bus to get to work. They use their given to such term by section 909(d)(5). country has experienced impressive automobile. In Vermont and all across ‘‘(4) TREATMENT OF AFFILIATED GROUPS.— The current inclusion ratio of each member economic growth in the oil industry, this country, people who are driving of an affiliated group (as defined in section but with that important growth we have noticed that the price of gasoline 864(e)(5)(A)) shall be determined as if all have seen an exponential increase in at the pump has soared and is today members of such group were a single cor- shipments of crude by rail. According much higher than it used to be. poration. to the Association of American Rail- According to the Energy Information ‘‘(5) APPLICATION TO SEPARATE CATEGORIES roads, the number of carloads carrying Administration, the national average OF INCOME.—This subsection shall be applied crude oil on major freight railroads in retail price for regular unleaded gaso- separately with respect to the categories of the U.S. grew by more than 6,000 per- line is $3.70 a gallon—the highest price income specified in section 904(d)(1). cent between 2008 and 2013. Now, we are for this time of year since 2008. Accord- ‘‘(6) REGULATIONS.—The Secretary may prescribe such regulations or other guidance seeing entire trains of linked tanker ing to the AAA, drivers in three States as is necessary or appropriate to carry out cars carrying more than half a million have paid over $4 a gallon at the pump the purposes of this subsection, including barrels of crude to market. for more than a month, and those regulations or other guidance providing— As we witnessed in Casselton, had the States are Hawaii, California, and ‘‘(A) for the proper application of this sub- first responders not had the training Alaska. In my home State of Vermont, section with respect to changes in ownership they did, this disaster could have been the current average for a gallon of gas of a section 902 corporation, much worse. It’s important that our is about $3.73. ‘‘(B) that certain corporations that other- local first responders have access to When the price of gasoline goes up, a wise would not be members of the affiliated group will be treated as members of the af- training to prepare them for these lot of people get hurt and the economy filiated group for purposes of this subsection, emerging threats and hazards. Traffic gets impacted. But mostly it affects ‘‘(C) for the proper application of this sub- continues to increase on our rail sys- working people who have no other op- section with respect to the taxpayer’s share tem, and we must make sure local first tion but traveling by car, and many of

VerDate Mar 15 2010 05:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.026 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 26, 2014 CONGRESSIONAL RECORD — SENATE S4159 these workers are making $10, $12, $15 line supplies by 4.3 percent. Supply has Specifically, our bill directs the an hour; and many of these workers gone up. What about demand? Accord- CFTC to do the following within 14 have seen declines in their wages in re- ing to the EIA, the United States is days of enactment: cent years. Yet, in order to get to work consuming 96,000 fewer barrels of gaso- No. 1: Immediately curb the role of to make a living, they have to get in line than it did in 2009—a 1-percent excessive speculation in any contract the car and they have no choice but to drop in demand compared to 5 years market within the jurisdiction and pay soaring gas prices. ago. If the supply and demand theory control of the Commodity Futures While gas prices are soaring, people were true, gasoline prices would be a Trading Commission, on or through should not be shocked or will not be bit lower—a bit lower—than they were which energy futures or swaps are trad- shocked to know that the big oil com- 5 years ago—somewhere perhaps in the ed. panies, which have racked up $1.2 tril- neighborhood of $2.69 a gallon. Instead, No. 2: Eliminate excessive specula- lion in profits since 2001, are now tell- despite the increase in supply, despite tion, price distortion, sudden or unrea- ing us that the reason gas prices are the lowering of demand, the average sonable fluctuations or unwarranted going up is because of the volatile situ- price for a gallon of gas in the United changes in prices or other unlawful ac- ation in Iraq. That is why suddenly gas States has gone up by nearly 38 percent tivity that is causing major market prices have gone up—because of the over the last 5 years, from $2.69 a gal- disturbances that prevent gasoline and conflict in Iraq. lon to $3.70 a gallon. Let me repeat. oil prices from accurately reflecting The American people are sick and Since 2009 the supply of gasoline has the forces of supply and demand. tired of hearing from the big oil com- gone up by more than 4 percent and de- There is now a growing consensus— panies using every excuse they possibly mand for gasoline has gone down by 1 this is not just the opinion of BERNIE can. If it is snowing, the price of gas percent. Yet prices at the pump are up SANDERS—there is a growing consensus goes up. If there is conflict in the Mid- by nearly 38 percent. that excessive speculation on the oil dle East, the price of gas goes up. If it People say: We need more oil, we futures market is significantly contrib- is raining, if it is sunny, if it is some- need more gas. It doesn’t matter—sup- uting to the high prices the American body’s birthday, the price of gas goes ply up, demand down, prices of gas at people are seeing at the pump. up. Interestingly enough, we don’t see the pump soaring. ExxonMobil, Goldman Sachs, the The truth is the high gasoline prices that same logic when the price of gas IMF, the St. Louis Federal Reserve, have less to do with supply and demand should be going down, but it always the American Trucking Association, and more to do with Wall Street specu- seems to be going up. Meanwhile, the Delta Airlines, the Petroleum Market- lators driving prices up in the energy five biggest oil companies in America— ers Association of America, the New futures market. Over a decade ago, England Fuel Institute, the Consumer again, not too surprisingly—continue speculators only controlled about 30 to Federation of America, and many other to make huge profits. During the first 40 percent of the oil futures market. organizations have all agreed that ex- quarter of this year, ExxonMobil made Today, Wall Street speculators control cessive oil speculation has signifi- a profit of $9.1 billion—the first quar- about 80 percent of this market. Let cantly increased oil and gas prices. ter; Shell made $7.3 billion, Chevron me repeat. Wall Street speculators con- Just a few years ago, Goldman made $4.5 billion, and ConocoPhillips trol about 80 percent of the oil futures Sachs—perhaps the largest speculator made $2.1 billion. The price of gas at market, even though many of them on Wall Street—came out with a report the pump soars and the major oil com- will never use a drop of the oil. People indicating that excessive oil specula- panies make huge profits. think that when people own oil on the tion is costing Americans 56 cents a Last year, these five major oil com- oil futures market, they actually own gallon at the pump—56 cents a gallon. panies—ExxonMobil, Shell, Chevron, it because they are going to use it. I personally think that is a conserv- ConocoPhillips—made $93 billion in Maybe it is the airline industry; maybe ative estimate, but it is interesting profits. ExxonMobil alone made nearly it is the trucking industry; maybe it is that it comes from Goldman Sachs $33 billion in profits in 2013. oil fuel dealers. Wrong. The oil futures So in the State of Vermont and all market is controlled by speculators itself. The CEO—and what can we say—the over this country, working people are who never use the end product and CEO of ExxonMobil has testified in the seeing, in many cases, declines in their whose only goal in life is to drive past that he believes excessive specula- wages. Yet they have to get to work. prices up to make a huge profit, and tion has contributed as much as 40 per- Meanwhile, the price of oil, the price of that is exactly what they do. gas soars, and the oil companies make We, as the elected officials of this cent to the price of a barrel of oil. out like bandits. country, who are presumably rep- So what you are hearing is some of Here is the interesting point: When I resenting working families around the Wall Street people—in a rare mo- was in high school—and I suspect kids America, have a responsibility to do ment of honesty—acknowledging the all over the country are still being everything we can to make sure the impact of speculation. You are hearing taught this—we learned about a theory price of gasoline at the pump is based the head of the largest oil company in called supply and demand. What supply on the fundamentals of supply and de- America acknowledging the impact of and demand is about is when there is a mand and not Wall Street greed. That speculation on gas prices. I think we do lot of supply and limited demand, is why I am introducing legislation not need a whole lot of evidence to sug- prices go down. When there is limited today to require the Commodity Fu- gest this is a serious problem. supply and a lot of demand, prices go tures Trading Commission to use all of Three years ago my office obtained up. its authority, including its emergency confidential information about how Well, guess what. To nobody’s sur- powers, to eliminate excessive oil spec- much Wall Street speculators were prise, that is not the way it works in ulation. trading in the oil futures market on the oil industry. Today, there is more This bill is cosponsored by Senators just one day—and that day was June supply and less demand for gasoline LEVIN, NELSON, BLUMENTHAL, MCCAS- 30, 2008—when the price of oil was over than there was 5 years ago when the KILL, FRANKEN, BROWN, CARDIN, BALD- $140 a barrel and gas prices were over $4 average price of a gallon of gas was WIN, WHITEHOUSE, MARKEY, KLOBUCHAR, a gallon. Here is what some of the big- just $2.69 a gallon. So let me repeat SHAHEEN, MERKLEY, and HIRONO. Con- gest oil speculators were doing back that. More supply, less demand, and gresswoman ROSA DELAURO is intro- then, on just one day of trading: June today the price of a gallon of gas is ducing the companion bill in the 30, 2008. This goes on every day. One $3.70 a gallon, but 5 years ago it was House. I thank all of these Members for day: Goldman Sachs bought and sold $2.69 a gallon. Where is the logic of sup- their support. over 863 million barrels of oil, Morgan ply and demand? Where is that process? Our legislation, the Energy Markets Stanley bought and sold over 632 mil- According to the EIA, there has been Emergency Act, is identical to bipar- lion barrels of oil, Bank of America a 9 million barrel increase in the sup- tisan legislation that overwhelmingly bought and sold over 112 million bar- ply of gasoline over the past 5 years— passed the House of Representatives by rels of oil, Lehman Brothers—obvi- a 9 million barrel increase. Since 2009, a vote of 402 to 19 during a similar cri- ously now bankrupt—bought and sold the United States has increased gaso- sis in June of 2008. over 300 million barrels of oil, Merrill

VerDate Mar 15 2010 05:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.018 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4160 CONGRESSIONAL RECORD — SENATE June 26, 2014 Lynch—bought by Bank of America— sources. We know that resources mat- Association, First Focus Campaign for bought and sold over 240 million bar- ter. A recent study by scholars at Children, League of United Latin rels of oil. Northwestern University and UC American Citizens, National Education The only reason these firms were bet- Berkeley found that increasing per Association, Opportunity Action, and ting on the price of oil was to speculate pupil spending by 20 percent for low-in- the Coalition for Community Schools. and to make money. Goldman Sachs, come students over the course of their Working with this strong group of ad- Bank of America, they do not use oil. K–12 schooling results in greater high vocates and my colleagues in the Sen- Their only function in this process is school completion, higher levels of edu- ate and in the House, it is my hope speculation, driving up prices and mak- cational attainment, increased lifetime that we can build the support to in- ing huge profits. earnings, and reduced adult poverty. clude the CORE Act in the reauthoriza- The rise in oil and gasoline prices The recent Office of Civil Rights sur- tion of the Elementary and Secondary was entirely avoidable. The Dodd- vey points to some gaps that we need Education Act. I urge my colleagues to Frank Wall Street Reform and Con- to address, including that Black, join us by cosponsoring this legisla- sumer Protection Act required the Latino, American Indian, Native Alas- tion. CFTC to impose strict limits on the kan students, and English learners at- amount of oil that Wall Street specu- tend schools with higher concentra- By Mr. CARDIN (by request): lators could trade in the energy futures tions of inexperienced teachers; nation- S. 2560. A bill to authorize the United market by January 17, 2011—over 31⁄2 wide, one in five high schools lacks a States Fish and Wildlife Service to years ago. school counselor; and between 10 and 25 seek compensation for injuries to trust Unfortunately, the CFTC has been percent of high schools across the na- resources and use those funds to re- unable to implement position limits tion do not offer more than one of the store, replace, or acquire equivalent re- due to opposition from Wall Street and core courses in the typical sequence of sources, and for other purposes; to the a ruling by the DC Circuit Court. This high school math and science, such as Committee on Environment and Public is simply unacceptable. Millions and Algebra I and II, geometry, biology, Works. millions of Americans who are filling and chemistry. Mr. CARDIN. Mr. President, I rise up their gas tanks today are disgusted. The CORE Act will require State ac- today to speak about a bill I am intro- They know they are being ripped off, countability plans and State and dis- ducing that will provide the Depart- and they want us to protect their trict report cards to include measures ment of Interior the necessary and ap- needs. The time is now to provide the on how well the State and districts propriate authority to seek compensa- American people relief at the gas pump provide the core resources for learning tion from responsible parties who cause before the situation gets even worse. to their students. These resources in- injury to public resources managed by I urge my colleagues to cosponsor clude: high quality instructional the United States Fish and Wildlife this legislation. teams, including licensed and profes- Service like National Wildlife Refuges, sion-ready teachers, principals, school By Mr. REED (for himself and National Fish Hatcheries, and other librarians, counselors, and education Service facilities. The proposal would Mr. BROWN): support staff; allow the United States Fish and Wild- S. 2557. A bill to amend the Elemen- Rigorous academic standards and life Service, USFWS, to recover costs tary and Secondary Education Act of curricula that lead to college and ca- for assessing injury and to restore, re- 1965 to provide for State accountability reer readiness by high school gradua- place, or acquire equivalent resources in the provision of access to the core tion and are accessible to all students, without further Congressional appro- resources for learning, and for other including students with disabilities and priations. The National Park Service, purposes; to the Committee on Health, English learners; equitable and NPS, under the Park System Resource Education, Labor, and Pensions. instructionally appropriate class sizes; Protection Act PSRPA—16 U.S.C. 19jj, Mr. REED. Mr. President, I am up-to-date instructional materials, and the National Oceanic and Atmos- pleased to introduce the Core Oppor- technology, and supplies; effective pheric Administration, NOAA, under tunity Resources for Equity and Excel- school library programs; school facili- the National Marine Sanctuaries Act, lence Act with my colleague Senator ties and technology, including phys- NMSA—16 U.S.C. 1431, currently have BROWN. I would also like to thank Rep- ically and environmentally sound similar authorities and its time resentatives FUDGE, HINOJOSA, and buildings and well-equipped instruc- USWFS were afforded this authority as FREDERICA WILSON for introducing tions space, including laboratories and well. companion legislation in the House of libraries; specialized instructional sup- Representatives. Our accountability port teams, such as counselors, social The Service Resource Protection Act, systems in education should help us workers, nurses, and other qualified RPA, would enhance the protection measure our progress towards equity professionals; and effective family and and restoration of USFWS resources and excellence. The CORE Act will help community engagements programs. found on National Wildlife Refuges, advance that goal by requiring States These are things that parents in well- National Fish Hatcheries and other to include fair and equitable access to resourced communities expect and de- Service lands, should injury or harm the core resources for learning in their mand. We should do no less for children occur. The RPA is a proposed statute accountability systems. in economically disadvantaged commu- that specifically protects all living and Sixty years after the landmark deci- nities. We should do no less for minor- non-living resources within Service sion of Brown v. Board of Education, ity students or English learners or stu- lands and waters. Any funds collected one of the great challenges still facing dents with disabilities. to compensate for injury or destruction this Nation is stemming the tide of ris- Under the CORE Act, states that fail of Service resources would be used to ing inequality. We have seen the rich to make progress on resource equity rectify that specific harm without fur- get richer while middle class and low- would not be eligible to apply for com- ther Congressional appropriation. income families have lost ground. We petitive grants authorized under the Under this authority, damages could be see disparities in opportunity starting Elementary and Secondary Education used to reimburse assessment costs; at birth and growing over a lifetime. Act. For school districts identified for prevent or minimize resource loss; With more than one in five school-aged improvement, the state would have to abate or minimize the risk of loss; children living in families in poverty, identify gaps in access to the core re- monitor ongoing effects, and/or restore, according to Department of Education sources for learning and develop an ac- replace, or acquire resources equiva- statistics, we cannot afford nor should tion plan in partnership with the local lent to those injured or destroyed. we tolerate a public education system school district to address those gaps. Currently, USFWS Service manages that steers resources and opportunities The CORE Act is supported by a di- more than 150 million acres of National away from the children who need them verse group of organizations, including Wildlife Refuge lands and 71 National the most. the American Association of Colleges Fish Hatcheries. The sum of USFWS’s We should look to hold our education of Teacher Education, American Fed- acres is greater than those lands and system accountable for results and re- eration of Teachers, American Library water resources managed by the NPS

VerDate Mar 15 2010 06:00 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.019 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 26, 2014 CONGRESSIONAL RECORD — SENATE S4161 and NOAA combined. USFWS has sig- tion or vandalism of real property and abate or minimize the risk of loss; nificant land based management re- facilities, e.g., kiosks, visitor centers, monitor ongoing effects, and/or restore, sponsibilities that are quite different fire and abandoned debris, the USFWS replace, or acquire resources equiva- from NOAA, in addition to marine and has no statutory mechanism to recover lent to those injured or destroyed. estuarine areas USFWS manages. Com- costs for assessing and restoring the By way of example, NPS has recov- pared to National Parks, Refuges allow public’s resources. In contrast, NPS ered damages on cases ranging from for a broader range of activities—such and NOAA have statutory authority to $125.00—$10 million dollars for assess- as hunting, fishing, and wildlife de- recover civil damages for these types of ment and restoration of injuries to re- pendent activities. The large size of the injuries, and the funds go to the agen- sources on their lands. However, a di- USFWS’s resource portfolio and the cies for assessment and restoration. rect comparison between USFWS and unique and varied stressors on these re- USFWS manages 556 National Wild- NPS is of limited value, since the two sources makes it imperative that the life Refuges and 38 Wetland Manage- agencies have dissimilar missions and USFWS have the appropriate authority ment Districts, covering over 150 mil- allow for different activities on their to seek damages from responsible par- lion acres, and accounting for 25 per- lands. The Refuge and Hatchery sys- ties who degrade or destroy USFWS re- cent of public lands and waters man- tems also manage many more indi- sources and property. aged by the Department of the Inte- vidual land units and twice the acreage Unlike NPS and NOAA, USFWS does rior. The agency is also responsible for of the NPS. not have the authority to recover dam- 71 National Fish Hatcheries and a Na- USFWS administers several laws, ages, e.g., monetary compensation, tional Conservation Training Center, such as the Migratory Bird Treaty Act, from responsible parties to assess and which would also be covered by the that provide for penalties and fees as restore injured resources without prior proposed legislation. Management of part of civil or criminal proceedings. Congressional appropriation. Today, the Refuge System prioritizes wildlife The RPA is a civil authority that when Service resources are damaged or conservation and habitat management, would allow the Service to recover destroyed, the costs for repair and res- but encourages the American public to compensation in the form of monetary toration of these resources falls upon enjoy the benefits of these lands. In the damages for costs associated with as- the appropriated budget for the af- organic legislation, the National Wild- sessment and restoration of injured re- fected Refuge, often at the expense of life Refuge System Improvement Act sources. It is intended to make the other Refuge programs. Competing pri- of 1997, activities such as hunting, fish- public whole: it is not meant to be pu- orities can leave Service resources lan- ing, photography, wildlife observation, nitive towards the person or persons guishing until the refuge obtains ap- environmental education and interpre- who caused the injury. As part of the propriations from Congress to address tation were identified as priority pub- Annual Uniform Crime Report, AUCR, the injury. This may result in more in- lic uses on Refuges. Service Law Enforcement has identi- tensive injuries, higher costs, and long- Found in every U.S. State and terri- fied several categories of crimes in term degradation of publicly-owned tory, and within an hour’s drive of which they have prosecuted individuals Service resources. most metropolitan areas, National for criminal violations and received as- When bad actors harm public re- Wildlife Refuges: attract approxi- sociated fines. These fines are remitted sources managed by USFWS the re- mately 45 million visitors each year; to the U.S. Treasury and do not provide sponsibility for remedying the prob- protect clean air and safe drinking any means to assess injury or recover lems caused by bad actors should not water for nearby communities; protect restoration costs associated with re- fall to the taxpayer to solve. More over more than 700 bird species, 220 mam- pairing or replacing resources. The the fact that currently to repair dam- mals, 250 reptiles and amphibians, and Service has used Tort law to recover ages to USFWS resources may require 1,000 fish species; offers hunting on 322 damages on occasion, but many of our earmarks in the budget to ensure these refuges and fishing on 272 refuges; and cases do not meet the dollar threshold problems are resolved is doubly unfair generates more than $1.7 billion for for pursuing a civil lawsuit by the De- in that such budget requirements take local economies, creates nearly 27,000 partment of Justice. As a result, even resources away from other worthwhile U.S. jobs annually, provides $543 mil- though cases may be criminally pros- projects that are unrelated to fixing lion in employment income, and adds ecuted, most of them are not pursued the problems caused by irresponsible more than $185 million in tax revenue. as a potential civil claim. actors. It is patently unfair for tax- The fiscal year 2014 appropriated However, if the Service had RPA au- payers to shoulder the burden of solv- budget for the Refuge System is ap- thority, we could use a civil process to ing the mistakes and negligence of oth- proximately $72 million dollars, but it recover costs for assessment and res- ers. The public expects that Refuge re- is estimated that the current oper- toration. The AUCR provides many ex- sources—and the broad range of activi- ations and maintenance, O&M, backlog amples of areas where the Service ties they support—will be available for tops $3 billion dollars. The National could use the civil authority under future generations. Our bill ensures Fish Hatchery System has a backlog in RPA in conjunction with other crimi- that persons responsible for harm, not excess of $300 million. Because the nal procedures. In 2010, 39 arson of- taxpayers, should pay for any injury Service does not have statutory au- fenses were reported on Service lands. they cause. thority to pursue recovery of damages Monetary loss to the government re- While the Natural Resource Damage from responsible parties, the cost of re- sulting from these cases totaled almost Assessment and Restoration program placing or restoring injured Refuge or $850,000, but neither restoration funds, established under the Oil Pollution Act Hatchery resources typically gets in- nor repair of the public’s resources re- and CERCLA establishes a unique proc- cluded in the O&M project list, and re- sulted from these prosecutions. Simi- ess for the USFWS to seek damages in quires tax-payer funding to fix. This larly, over 2,300 vandalism offenses, to- limited circumstances involving oil legislation would allow the Service to taling $314,000 in monetary loss were spills and or the release of hazardous recover damages directly from the per- documented. Other reported offenses substances. These laws do not apply to son or persons that harmed the re- number in the thousands and could situations when toxics materials and source, thus removing this additional lead to recovery of damages for many regular solid waste are dumped on or financial burden from taxpayers. field stations: These include, illegal near a refuge that are not formally de- The legislation is not intended to off-road use (n=2,234), trespass (n = fined as hazardous substances and the generate revenue for the Service; in- 8,163), and other natural resource viola- USFWS is not authorized to recover stead, it aims to be budget neutral. tions (n = 4,628). In these instances, the funds to address injury from the re- Any funds collected to compensate for Service must choose between using sponsible party in these situations resource injuries will be used to rectify tax-payer funded, appropriations to under existing statute. Additionally, that specific injury without the need pay for assessing, repairing, replacing for injuries caused by actions or mech- for Congressional appropriation. Under or restoring structures, habitat and anisms other than a ‘spill’ of oil or re- this authority, damages would be re- other resources injured by the respon- lease of a hazardous substance, such as quired to reimburse assessment costs; sible party or for other important Ref- illegal cutting of vegetation, destruc- prevent or minimize resource loss; uge needs.

VerDate Mar 15 2010 05:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.044 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4162 CONGRESSIONAL RECORD — SENATE June 26, 2014 It is time to shed taxpayers’ cost bur- jury or risk to, a system resource shall be eral Government under any provision of Fed- den of repairs and restoration due to liable in rem to the United States for any re- eral, State, or local law (including regula- damage caused by the unlawful behav- sponse costs or damages resulting from the tions) or otherwise as a result of the destruc- ior of negligent individuals and give destruction, loss, or injury, to the same ex- tion or loss of, or injury to, any system re- tent that an individual or entity is liable source shall be made available to the Sec- the USFWS the authority it need to under subsection (a). retary, without further appropriation, for collect damages from those responsible (c) DEFENSES.—An individual or entity to do the work to right what’s wrong. shall not be liable under this section, if the use in accordance with subsection (b). I urge my colleagues to support this individual or entity can establish that— (b) USE.—The Secretary may use amounts bill. (1) the destruction or loss of, or injury to, made available under subsection (a) only, in Mr. President, I ask unanimous con- the system resource was caused solely by an accordance with applicable law— sent that the text of the bill be printed act of God or an act of war; or (1) to reimburse response costs and damage (2)(A) the individual or entity exercised in the RECORD. assessments carried out pursuant to this Act There being no objection, the text of due care; and by the Secretary or such other Federal agen- (B) the destruction or loss of, or injury to, cy as the Secretary determines to be appro- the bill was ordered to be printed in the system resource was caused solely by an priate; the RECORD, as follows: act or omission of a third party, other than (2) to restore, replace, or acquire the equiv- S. 2560 an employee or agent of the individual or en- alent of a system resource that was de- Be it enacted by the Senate and House of Rep- tity. stroyed, lost, or injured; or resentatives of the United States of America in (d) SCOPE.—The liability established by Congress assembled, this section shall be in addition to any other (3) to monitor and study system resources. SECTION 1. SHORT TITLE. liability arising under Federal or State law. SEC. 6. DONATIONS. This Act may be cited as the ‘‘United SEC. 4. ACTIONS. (a) IN GENERAL.—In addition to any other States Fish and Wildlife Service Resource (a) CIVIL ACTIONS FOR RESPONSE COSTS AND Protection Act’’. DAMAGES.—The Attorney General, on request authority to accept donations, the Secretary SEC. 2. DEFINITIONS. of the Secretary, may commence a civil ac- may accept donations of money or services In this Act: tion in the United States district court of for expenditure or use to meet expected, im- (1) DAMAGES.—The term ‘‘damages’’ appropriate jurisdiction against any indi- mediate, or ongoing response costs and dam- means— vidual, entity, or instrumentality that may ages. (A) compensation for— be liable under section 3 for response costs or (b) TIMING.—A donation described in sub- (i)(I) the cost of replacing, restoring, or ac- damages. section (a) may be expended or used at any quiring the equivalent of a system resource; (b) ADMINISTRATIVE ACTIONS FOR RESPONSE and COSTS AND DAMAGES.— time after acceptance of the donation, with- (II) the value of any significant loss of use (1) ACTION BY SECRETARY.— out further action by Congress. N GENERAL of a system resource, pending— (A) I .—Subject to paragraph (2), SEC. 7. TRANSFER OF FUNDS FROM NATURAL RE- (aa) restoration or replacement of the sys- the Secretary, after making a finding de- SOURCE DAMAGE ASSESSMENT AND tem resource; or scribed in subparagraph (B), may consider, RESTORATION FUND. (bb) the acquisition of an equivalent re- compromise, and settle a claim for response source; or costs and damages if the claim has not been The matter under the heading ‘‘NATURAL (ii) the value of a system resource, if the referred to the Attorney General under sub- RESOURCE DAMAGE ASSESSMENT AND RESTORA- system resource cannot be replaced or re- section (a). TION FUND’’ under the heading ‘‘UNITED stored; and (B) DESCRIPTION OF FINDINGS.—A finding re- STATES FISH AND WILDLIFE SERVICE’’ of title I (B) the cost of any relevant damage assess- ferred to in subparagraph (A) is a finding of the Department of the Interior and Re- ment carried out pursuant to section 4(c). that— lated Agencies Appropriations Act, 1994 (43 (2) RESPONSE COST.—The term ‘‘response (i) destruction or loss of, or injury to, a U.S.C. 1474b–1), is amended by striking ‘‘Pro- cost’’ means the cost of any action carried system resource has occurred; or vided, That’’ and all that follows through (ii) such destruction, loss, or injury would out by the Secretary— ‘‘activities.’’ and inserting the following: (A) to prevent, minimize, or abate destruc- occur absent an action by the Secretary to ‘‘Provided, That notwithstanding any other tion or loss of, or injury to, a system re- prevent, minimize, or abate the destruction, source; loss, or injury. provision of law, any amounts appropriated (B) to abate or minimize the imminent (2) REQUIREMENT.—In any case in which the or credited during fiscal year 1992 or any fis- risk of such destruction, loss, or injury; or total amount to be recovered in a civil ac- cal year thereafter may be transferred to (C) to monitor the ongoing effects of any tion under subsection (a) may exceed $500,000 any account (including through a payment incident causing such destruction, loss, or (excluding interest), a claim may be com- to any Federal or non-Federal trustee) to injury. promised and settled under paragraph (1) carry out a negotiated legal settlement or (3) SECRETARY.—The term ‘‘Secretary’’ only with the prior written approval of the other legal action for a restoration activity means the Secretary of the Interior. Attorney General. under the Comprehensive Environmental Re- (c) RESPONSE ACTIONS, ASSESSMENTS OF (4) SYSTEM RESOURCE.—The term ‘‘system sponse, Compensation, and Liability Act (42 resource’’ means any living, nonliving, his- DAMAGES, AND INJUNCTIVE RELIEF.— U.S.C. 9601 et seq.), the Federal Water Pollu- torical, cultural, or archeological resource (1) IN GENERAL.—The Secretary may carry that is located within the boundaries of— out all necessary actions (including making tion Control Act (33 U.S.C. 1251 et seq.), the (A) a unit of the National Wildlife Refuge a request to the Attorney General to seek in- Oil Pollution Act of 1990 (33 U.S.C. 2701 et System; junctive relief)— seq.), the Act of July 27, 1990 (16 U.S.C. 19jj (B) a unit of the National Fish Hatchery (A) to prevent, minimize, or abate destruc- et seq.), or the United States Fish and Wild- System; or tion or loss of, or injury to, a system re- life Service Resource Protection Act, or for (C) any other land managed by the United source; or any damage assessment activity: Provided States Fish and Wildlife Service, including (B) to abate or minimize the imminent further, That sums provided by any indi- risk of such destruction, loss, or injury. any land managed cooperatively with any vidual or entity before or after the date of (2) ASSESSMENT AND MONITORING.— other Federal or State agency. enactment of this Act shall remain available (A) IN GENERAL.—The Secretary may assess SEC. 3. LIABILITY. until expended and shall not be limited to (a) IN GENERAL.—Subject to subsection (c), and monitor the destruction or loss of, or in- monetary payments, but may include stocks, any individual or entity that destroys, jury to, any system resource for purposes of causes the loss of, or injures any system re- paragraph (1). bonds, or other personal or real property, source, or that causes the Secretary to carry (B) JUDICIAL REVIEW.—Any determination which may be retained, liquidated, or other- out any action to prevent, minimize, or or assessment of damage to a system re- wise disposed of by the Secretary for the res- abate destruction or loss of, or injuries or source carried out under subparagraph (A) toration of injured resources or to conduct risk to, any system resource, shall be liable shall be subject to judicial review under sub- any new damage assessment activity.’’. to the United States for any response costs chapter II of chapter 5, and chapter 7, of title or damages resulting from the destruction, 5, United States Code (commonly known as loss, or injury. the ‘‘Administrative Procedure Act’’), on the (b) LIABILITY IN REM.—Any instrumen- basis of the administrative record developed tality (including a vessel, vehicle, aircraft, by the Secretary. or other equipment or mechanism) that de- SEC. 5. USE OF RECOVERED AMOUNTS. stroys, causes the loss of, or injures any sys- (a) IN GENERAL.—An amount equal to the tem resource, or that causes the Secretary total amount of the response costs and dam- to carry out any action to prevent, mini- ages recovered by the Secretary under this mize, or abate destruction or loss of, or in- Act and any amounts recovered by the Fed-

VerDate Mar 15 2010 05:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.044 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 26, 2014 CONGRESSIONAL RECORD — SENATE S4163 SUBMITTED RESOLUTIONS SENATE RESOLUTION 487—EX- Whereas, on April 26, 2012, Lois Lerner in- PRESSING THE SENSE OF THE formed the Committee on Oversight and SENATE THAT ATTORNEY GEN- Government Reform of the House of Rep- ERAL ERIC H. HOLDER, JR. resentatives that information requests were done in ‘‘the ordinary course of the applica- SENATE RESOLUTION 486—EX- SHOULD APPOINT A SPECIAL tion process’’; PRESSING THE SENSE OF THE COUNSEL OR PROSECUTOR TO Whereas prior to the November 2012 elec- SENATE THAT PRESIDENT INVESTIGATE THE TARGETING tion, the IRS provided 31 applications for OBAMA SHOULD TAKE IMME- OF CONSERVATIVE NONPROFIT tax-exempt status to the investigative DIATE ACTION TO MITIGATE THE GROUPS BY THE INTERNAL REV- website ProPublica, all of which were from ENUE SERVICE conservative groups and 9 of which had not HUMANITARIAN CRISIS ALONG yet been approved by the IRS, in spite of a THE INTERNATIONAL BORDER Mr. CRUZ submitted the following prohibition under Federal law against public BETWEEN THE UNITED STATES resolution; which was referred to the disclosure of application materials until AND MEXICO INVOLVING UNAC- Committee on the Judiciary: after the application has been approved; COMPANIED MIGRANT CHILDREN S. RES. 487 Whereas the IRS determined, by way of in- Whereas, in February 2010, the Internal formal, internal review, that 75 percent of AND TO PREVENT FUTURE CRI- the applications for designation as an orga- SES Revenue Service (IRS) began targeting con- servative nonprofit groups for extra scrutiny nization described in section 501(c)(4) of the Internal Revenue Code of 1986 that were set Mr. CORNYN (for himself, Mr. RUBIO, in connection with applications for tax-ex- empt status; aside for further review were filed by con- Mr. COATS, Mr. BOOZMAN, and Mr. Whereas, on May 14, 2013, the Treasury In- servative-oriented organizations; MCCAIN) submitted the following reso- spector General for Tax Administration Whereas, on January 24, 2013, Lois Lerner lution; which was referred to the Com- (TIGTA) issued an audit report entitled, ‘‘In- wrote, in an email to colleagues, regarding Organizing for Action, a tax-exempt organi- mittee on the Judiciary: appropriate Criteria Were Used to Identify Tax-Exempt Applications for Review’’; zation formed as an offshoot of the election S. RES. 486 Whereas the TIGTA audit report found campaign of President Barack Obama: ‘‘Maybe I can get the DC office job!’’; Whereas 1 in 5 children in the United that from 2010 until 2012, the IRS systemati- cally subjected tax-exempt applicants to Whereas, on May 8, 2013, Richard Pilger, States struggle with hunger; Director of the Election Crimes Branch of Whereas research has found that more extra scrutiny based on inappropriate cri- teria, including use of the phrases ‘‘Tea the Public Integrity Section of the Depart- than 30 percent of low-income families do Party’’, ‘‘Patriots’’, and ‘‘9/12’’; ment of Justice, spoke to Lois Lerner about not have enough food during the summer Whereas the TIGTA audit report found potential prosecution for false statements months; that the groups selected for extra scrutiny about political campaign intervention made Whereas the summer food service program based on inappropriate criteria were sub- by tax-exempt applicants; for children established under section 13 of jected without cause to delays lasting years; Whereas, on May 10, 2013, in response to a the Richard B. Russell National School Whereas the TIGTA audit report found pre-arranged question, Lois Lerner apolo- Lunch Act (42 U.S.C. 1761) exists to ensure that the groups selected for extra scrutiny gized for the targeting of conservative tax- that low-income children have access to ade- based on inappropriate criteria were sub- exempt applicants by the IRS during a quate nutrition when the school year ends; jected to unreasonable and burdensome in- speech at an event organized by the Amer- Whereas the summer food service program formation requests, including requests for ican Bar Association; Whereas the Committee on Ways and is designed to give hungry children a safe information about donors and political be- Means of the House of Representatives deter- place to participate in fun, educational ac- liefs; mined that, of the 298 applications delayed tivities and to receive a meal; Whereas the Exempt Organizations Divi- sion within the Tax-Exempt and Government and set aside for additional scrutiny by the Whereas thousands of schools and non- IRS, 83 percent were from right-leaning orga- profit organizations across the country serve Entities Division of the IRS has jurisdiction over the processing and determination of nizations; as summer food service program sites; tax-exempt applications; Whereas the Committee on Ways and Whereas summer programs are often Whereas, on September 15, 2010, Lois G. Means of the House of Representatives deter- under-utilized, as only 1 in 6 eligible children Lerner, former Director of the Exempt Orga- mined that, as of the May 10, 2013, apology participate in the summer food service pro- nizations Division, initiated a project to ex- from Lois Lerner, only 45 percent of the gram, due in part to families being unaware amine political activity of organizations de- right-leaning groups set aside for extra scru- that the summer food service program ex- scribed in section 501(c)(4) of the Internal tiny had been approved, while 70 percent of ists; Revenue Code of 1986, writing to her col- left-leaning groups and 100 percent of the Whereas lack of transportation and other leagues, ‘‘[w]e need to be cautious so it isn’t groups with ‘‘progressive’’ names had been barriers often prevent children from access- a per se political project’’; approved; ing the summer food service program sites, Whereas, on February 1, 2011, Lois Lerner Whereas the Committee on Ways and especially in rural areas; and wrote that the ‘‘Tea Party matter [was] very Means of the House of Representatives deter- mined that, of the groups that were inappro- Whereas almost 1 in 3 low-income children dangerous’’ and ‘‘[t]his could be the vehicle priately subject to demands to divulge con- live in communities that are not eligible to to go to court on the issue of whether Citi- fidential donors, 89 percent were right-lean- participate in the summer food service pro- zen’s [sic] United overturning the ban on cor- porate spending applies to tax exempt ing; gram, thus reducing their ability to partici- Whereas, on May 15, 2013, Attorney General pate in the program: Now, therefore, be it rules’’; Whereas Lois Lerner ordered the Tea Party Eric H. Holder, Jr. testified before the Com- Resolved, That the Senate— tax-exempt applications to proceed through mittee on the Judiciary of the House of Rep- (1) designates July 2014 as ‘‘Summer Meals a ‘‘multi-tier review’’ involving her senior resentatives that the Department of Justice Awareness Month’’; technical advisor and the IRS Office of Chief would conduct a ‘‘dispassionate’’ investiga- (2) encourages members of Congress, Counsel; tion into the IRS matter, and ‘‘[t]his will not schools, local businesses, nonprofit institu- Whereas Carter Hull, an IRS lawyer and a be about parties . . . this will not be about tions, churches, cities, and State govern- 48-year veteran of the United States Govern- ideological persuasions . . . anybody who has ments to assist in efficient use of summer ment, testified that the ‘‘multi-tier review’’ broken the law will be held accountable’’; food service program sites by raising aware- was unprecedented in his experience; Whereas, on May 15, 2013, President Barack Obama called the targeting of conservative ness of the location and availability of those Whereas, on June 1, 2011, Holly Paz, Direc- tax-exempt applicants by the IRS ‘‘inexcus- sites; tor of Rulings and Agreements within the able’’ and promised that he would ‘‘not tol- (3) encourages members of Congress, Exempt Organizations Division, requested the tax-exempt application filed by Cross- erate this kind of behavior in any agency, schools, local businesses, nonprofit institu- roads Grassroots Policy Strategies for re- but especially in the IRS, given the power tions, churches, cities, and State govern- view by Lois Lerner’s senior technical advi- that it has and the reach that it has into all ments to support efforts to increase the par- sor; of our lives’’; ticipation rate of eligible children who, with- Whereas, on March 22, 2012, Commissioner Whereas Barbara Bosserman, a trial attor- out the summer food service program for of Internal Revenue Douglas Shulman was ney at the Department of Justice who in the children established under section 13 of the specifically asked about the targeting of Tea past several years has contributed nearly Richard B. Russell National School Lunch Party groups applying for tax-exempt status $7,000 to the Democratic National Committee Act (42 U.S.C. 1761), may go without meals; during a hearing before the Committee on and political campaigns of President Obama, and Ways and Means of the House of Representa- is playing a leading role in the investigation (4) encourages members of Congress to tives, to which he replied, ‘‘I can give you as- by the Department of Justice; visit a summer food service program site to surances . . . [t]here is absolutely no tar- Whereas the Public Integrity Section of see the importance of the program firsthand. geting’’; the Department of Justice communicated

VerDate Mar 15 2010 05:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.034 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4164 CONGRESSIONAL RECORD — SENATE June 26, 2014 with the IRS about the potential prosecution ‘‘Freedom of Information Act’’) by the non- Tax-Exempt and Government Entities Divi- of tax-exempt applicants; profit group Judicial Watch indicate that the sion of the IRS, and the ongoing disclosure Whereas, on December 5, 2013, President Washington office of the IRS was examining of internal communications showing poten- Obama declared in a national television applications for tax-exempt status by Tea tially unlawful conduct by executive branch interview that the targeting of conservative Party organizations, which is contrary to personnel; tax-exempt applicants by the IRS was caused claims that the cases were being handled by (4) appointment of a special counsel or by a ‘‘bureaucratic’’ ‘‘list’’ by employees in lower-level workers in Cincinnati; prosecutor would be in the public interest, ‘‘an office in Cincinnati’’; Whereas, on June 11, 2014, James Comey, given the conflict of interest for the Depart- Whereas, on April 9, 2014, the Committee Director of the Federal Bureau of Investiga- ment of Justice and the strong public inter- on Ways and Means of the House of Rep- tion (FBI), testified to the Committee on the est in ensuring that public officials who in- resentatives referred Lois Lerner to the De- Judiciary of the House of Representatives appropriately target individuals for exer- partment of Justice for criminal prosecu- that FBI investigators did not examine the cising their right to free expression are held tion; IRS database with taxpayer information, accountable; and Whereas the Committee on Ways and which included private taxpayer information (5) Attorney General Eric H. Holder, Jr. Means of the House of Representatives found that is prohibited from being shared without should appoint a special counsel or pros- that Lois Lerner used her position to im- an order from a judge, and only looked at the ecutor, with meaningful independence, to in- properly influence agency action against table of contents; vestigate the targeting of conservative non- conservative tax-exempt organizations, de- Whereas, on June 13, 2014, IRS Office of profit advocacy groups by the IRS. nying these groups due process and equal Legislative Affairs Director Leonard Ourlser protection rights as guaranteed by the informed the Committee on Finance of the f United States Constitution, in apparent vio- Senate that the IRS could not produce e- lation of section 242 of title 18, United States mails from January 2009 through April 2011 SENATE RESOLUTION 488—DESIG- Code; from Lois Lerner due to a computer crash; Whereas the Committee on Ways and Whereas, on June 17, 2014, the IRS stated NATING JULY 26, 2014, AS ‘‘NA- Means of the House of Representatives found that it could not produce e-mails from 6 TIONAL DAY OF THE AMERICAN that Lois Lerner targeted Crossroads Grass- other IRS employees; COWBOY’’ roots Policy Strategies while ignoring simi- Whereas, on June 23, 2014, it was reported Mr. ENZI (for himself, Mr. BARRASSO, lar liberal-leaning tax-exempt applicants; that Commissioner of Internal Revenue John Mr. CRAPO, Ms. HEITKAMP, Mr. HOEVEN, Whereas the Committee on Ways and Koskinen has contributed approximately Means of the House of Representatives found $100,000 to Democratic candidates and orga- Mr. INHOFE, Mr. JOHANNS, Mr. JOHNSON that Lois Lerner impeded official investiga- nizations, including $7,300 to President of South Dakota, Mr. MERKLEY, Mr. tions by knowingly providing misleading Obama; RISCH, Mr. TESTER, and Mr. WALSH) statements to TIGTA, in apparent violation Whereas, on June 24, 2014, it was reported submitted the following resolution; of section 1001 of title 18, United States Code; that the IRS agreed to pay $50,000 in dam- which was referred to the Committee Whereas the Committee on Ways and ages to one of the conservative groups, the Means of the House of Representatives found on the Judiciary: National Organization for Marriage, as a re- that Lois Lerner may have disclosed con- S. RES. 488 sult of the unlawful release of confidential fidential taxpayer information, in apparent information to a political rival of that Whereas pioneering men and women, rec- violation of section 6103 of the Internal Rev- group; ognized as ‘‘cowboys’’, helped to establish enue Code of 1986; Whereas, on June 25, 2014, according to the the American West; Whereas former Department of Justice of- Committee on Ways and Means of the House Whereas the cowboy embodies honesty, in- ficials have testified before a subcommittee of Representatives, Lois Lerner sought to tegrity, courage, compassion, respect, a of the Committee on Oversight and Govern- have Senator Chuck Grassley, a sitting strong work ethic, and patriotism; ment Reform of the House of Representa- United States Senator and ranking Repub- Whereas the cowboy spirit exemplifies tives that the circumstances of the inves- strength of character, sound family values, tigation by the administration of the tar- lican member of the Committee on the Judi- ciary of the Senate, referred for IRS exam- and good common sense; geting of conservative tax-exempt applicants Whereas the cowboy archetype transcends by the IRS warrant the appointment of a ination; and Whereas section 600.1 of title 28, Code of ethnicity, gender, geographic boundaries, special counsel; and political affiliations; Whereas Department of Justice regulations Federal Regulations, promulgated under sec- tion 515 of title 28, United States Code, re- Whereas the cowboy, who lives off the land counsel attorneys to avoid the ‘‘appearance and works to protect and enhance the envi- of a conflict of interest likely to affect the quires the Attorney General to appoint a special counsel or prosecutor when it is de- ronment, is an excellent steward of the land public perception of the integrity of the in- and its creatures; vestigation or prosecution’’; termined that— (1) a criminal investigation of a person or Whereas cowboy traditions have been a Whereas, on January 13, 2014, unnamed of- matter is warranted; part of American culture for generations; ficials in the Department of Justice leaked (2) investigation or prosecution of that per- Whereas the cowboy continues to be an im- to the media that no criminal charges would son or matter by a United States Attorney’s portant part of the economy through the be appropriate for IRS officials who engaged Office or litigating Division of the Depart- work of many thousands of ranchers across in the targeting activity, which undermined ment of Justice would present a conflict of the United States who contribute to the eco- the integrity of the investigation by the De- interest for the Department or other ex- nomic well-being of every State; partment of Justice; traordinary circumstances; and Whereas millions of fans watch profes- Whereas, on January 29, 2014, Attorney (3) under the circumstances, it would be in sional and working ranch rodeo events annu- General Holder told the Senate Committee the public interest to appoint an outside spe- ally, making rodeo one of the most-watched on the Judiciary, ‘‘I don’t think that there is cial counsel or prosecutor to assume respon- sports in the United States; a basis for us to conclude on the information sibility for the matter: Now, therefore, be it Whereas membership and participation in as it presently exists that there is any rea- Resolved, That it is the sense of the Senate rodeo and other organizations that promote son for the appointment of the independent that— and encompass the livelihood of cowboys counsel . . . . The notion that somehow this (1) the statements and actions of the Inter- span every generation and transcend race has caused a loss of faith in this Justice De- nal Revenue Service (IRS), the Department and gender; partment is inconsistent with the facts’’; of Justice, and the administration of Presi- Whereas the cowboy is a central figure in Whereas, on February 2, 2014, President dent Barack Obama in connection with the literature, film, and music and occupies a Obama stated publicly that there was ‘‘not targeting of conservative tax-exempt appli- central place in the public imagination; even a smidgen of corruption’’ in connection cants by the IRS have served to undermine Whereas the cowboy is an American icon; with the IRS targeting activity; the investigation by the Department of Jus- and Whereas, on April 16, 2014, e-mails between tice; Whereas the ongoing contributions made the Department of Justice and the IRS were (2) the efforts of the administration to un- by cowboys and cowgirls to their commu- released showing that the Department of dermine the investigation by the Depart- nities should be recognized and encouraged: Justice considered prosecuting conservative ment of Justice, and the appointment of Bar- Now, therefore, be it nonprofit groups for engaging in political ac- bara Bosserman, who has donated almost Resolved, That the Senate— tivity that is legal under Federal law, which $7,000 to President Obama and the Demo- (1) designates July 26, 2014, as ‘‘National damaged the integrity of the Department of cratic National Committee, to a lead inves- Day of the American Cowboy’’; and Justice and undermined its investigation; tigative role, have created a conflict of in- (2) encourages the people of the United Whereas, on May 8, 2014, the IRS agreed to terest that warrants removal of the inves- States to observe the day with appropriate provide all of Lois Lerner’s e-mails to inves- tigation from the normal processes of the ceremonies and activities. tigators of the Committee on Ways and Department of Justice; Means of the House of Representatives; (3) further investigation of the matter is Mr. ENZI. Mr. President, I am proud Whereas, on May 14, 2014, e-mails obtained warranted due to the apparent criminal ac- to introduce a resolution today to des- through a request under section 552 of title 5, tivity by Lois Lerner, former Director of the ignate Saturday, July 26, 2014 as Na- United States Code (commonly known as the Exempt Organizations Division within the tional Day of the American Cowboy.

VerDate Mar 15 2010 06:27 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.035 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 26, 2014 CONGRESSIONAL RECORD — SENATE S4165 My late colleague, Senator Craig SENATE RESOLUTION 490—COM- the State of New Jersey: Now, therefore, be Thomas, began the tradition of hon- MEMORATING THE 50TH ANNI- it oring the men and women known as VERSARY OF THE CAPE MAY- Resolved, That the Senate— (1) commemorates the 50th Anniversary of cowboys 10 years ago when he intro- LEWES FERRY the Cape MayLewes Ferry, connecting the duced the first resolution to designate Mr. COONS (for himself, Mr. BOOKER, communities of Lewes, Delaware and Cape the fourth Saturday of July as Na- Mr. CARDIN, and Mr. MENENDEZ) sub- May, New Jersey; tional Day of the American Cowboy. I mitted the following resolution; which (2) celebrates the history of the Cape May- am proud to carry on Senator Thom- was considered and agreed to: Lewes Ferry as an important transportation and tourism link between the State of Dela- as’s tradition. S. RES. 490 The national day celebrates the his- ware and the State of New Jersey; Whereas, on September 20, 1962, the 87th (3) honors the ongoing role that the Cape tory of cowboys in America and recog- Congress granted consent to the State of May-Lewes Ferry plays in bringing people nizes the important work today’s cow- Delaware and the State of New Jersey to together through interstate commerce, tour- boys are doing in the United States. enter into a compact to establish the Dela- ism, and recreation all along the eastern sea- The cowboy spirit is about honesty, in- ware River and Bay Authority (referred to in board; and tegrity, courage, and patriotism, and this preamble as the ‘‘DRBA’’) for the devel- (4) recognizes the positive contributions opment of the area in both States bordering that the Cape May-Lewes Ferry has on the cowboys are models of strong char- the Delaware River and Bay; acter, sound family values, and good development and growth of the Twin Capes Whereas the pressures of increasing region of Cape Henlopen, Delaware and Cape common sense. amounts of traffic, a growing population, May, New Jersey. Cowboys were some of the first men and greater industrialization indicated the f and women to settle in the American need for closer cooperation between the 2 West, and they continue to make im- States in order to advance their economic SENATE RESOLUTION 491—CON- portant contributions to our economy, development and to improve crossings and GRATULATING THE LOS ANGE- transportation between the 2 States; Western culture, and my home State of LES KINGS ON WINNING THE 2014 Whereas the Delaware River and Bay Au- STANLEY CUP CHAMPIONSHIP Wyoming today. This year’s resolution thority was organized on February 6, 1963, to designates July 26, 2014, as the Na- construct and operate transportation cross- Mrs. BOXER (for herself and Mrs. tional Day of the American Cowboy. I ings between the 2 States and its first line of FEINSTEIN) submitted the following res- hope my colleagues will join me in rec- business was to update earlier feasibility olution; which was considered and ognizing the important role cowboys studies for a ferry service connecting south- agreed to: ern New Jersey and southern Delaware; play in our country. S. RES. 491 Whereas DRBA Commissioners imme- diately resolved, in April 1963, to establish Whereas, on June 13, 2014, the Los Angeles f the Cape May-Lewes Ferry at the earliest Kings (referred to in this preamble as the possible date following the release of the up- ‘‘Kings’’) defeated the New York Rangers by dated feasibility study; a score of 3 to 2 in game 5 to win the 2014 SENATE RESOLUTION 489—SUP- Stanley Cup and be crowned champions of PORTING THE GOALS AND Whereas, on July 1, 1964, the very first ves- sel departed the Lewes, Delaware terminal at the National Hockey League (referred to in IDEALS OF ‘‘GROWTH AWARE- 6:47 a.m., carrying 8 vehicles and 15 pas- this preamble as the ‘‘NHL’’); NESS WEEK’’ sengers; Whereas defenseman Alex Martinez scored the Stanley Cup winning goal 14 minutes and Mr. KIRK submitted the following Whereas the Cape May-Lewes Ferry has served as a major transportation link in the 43 seconds into double overtime in game 5; resolution; which was referred to the Whereas the Kings are the first team to crowded Northeast corridor, connecting Committee on the Judiciary: win the Stanley Cup twice in 3 seasons since north-south traffic from Boston and New the Detroit Red Wings consecutively won the S. RES. 489 York City to Washington, D.C. and Florida; Stanley Cup in the 1997 and 1998 seasons; Whereas, according to the Pictures of Whereas the 85 minute, 17 mile journey Whereas the Kings became the first team Standard Syndromes and Undiagnosed Mal- across the Delaware Bay offers an efficient in NHL history to win 3 series in the seventh formations database (commonly known as way to cut miles off a road trip; game on the road during the postseason; the ‘‘POSSUM’’ database), more than 600 se- Whereas the Cape May-Lewes Ferry has Whereas the Kings have played 64 playoff rious diseases and health conditions cause evolved over the past 50 years from strictly games since 2012, the most in a 3 year span growth failure; a mode of transportation to one that in- in NHL history; Whereas health conditions that cause cludes tourism and recreational opportuni- Whereas the Kings allowed only 168 goals growth failure may affect the overall health ties; during the regular 2013-2014 season, the few- of a child; Whereas the Cape May-Lewes Ferry offers est of any NHL team, thus earning goal- Whereas short stature may be a symptom foot passenger shuttle service to destina- tender Jonathan Quick the William M. Jen- of a serious underlying health condition; tions in Delaware and New Jersey for a vari- nings trophy; Whereas children with growth failure are ety of commercial and recreational activi- Whereas the Kings also survived 7 playoff often undiagnosed; ties on the other side of the Delaware Bay; games in which they could have been elimi- Whereas, according to the MAGIC Founda- Whereas both bird watchers and bicyclists nated but instead rallied from 2 goal deficits tion for children’s growth, 48 percent of chil- use the Cape May-Lewes Ferry to access the 4 times, including the first 2 games of the dren in the United States who were evalu- various and numerous trails on both sides of Stanley Cup Finals against the New York ated for the 2 most common causes of growth the Delaware Bay; Rangers; failure were undiagnosed with growth fail- Whereas the Cape May-Lewes Ferry termi- Whereas all players on the 2013-2014 Kings ure; nals will host festivals to celebrate the high- roster should be congratulated, including Whereas the longer a child with growth ly anticipated 50th Anniversary of the Cape Playoff Most Valuable Player Justin Wil- failure goes undiagnosed, the greater the po- May-Lewes Ferry on June 28, 2014, in Cape liams and Team Captain Dustin Brown, as tential for damage and higher costs of care; May and June 29, 2014, in Lewes; well as, Jeff Carter, Kyle Clifford, Drew Whereas early detection and a diagnosis of Whereas the Cape May-Lewes Ferry em- Doughty, Marian Gaborik, Matt Greene, growth failure are crucial to ensure a ploys more than 130 full-time personnel and Martin Jones, Dwight King, Anze Kopitar, healthy future for a child with growth fail- an additional 330 seasonal workers, adding Trevor Lewis, Alec Martinez, Brayden ure; significantly to the economies on both sides McNabb, Willie Mitchell, Jake Muzzin, Jor- Whereas raising public awareness of, and of the Delaware Bay; dan Nolan, Tanner Pearson, Jonathan Quick, educating the public about, growth failure is Whereas the Cape May-Lewes Ferry oper- Robyn Regehr, Mike Richards, Jarret Stoll, a vital public service; ates year-round and has carried more than 43 Tyler Toffoli, and Slava Voynov; and Whereas providing resources for identifica- million passengers and 14 million vehicles Whereas Team Owners Philip Anschutz and tion of growth failure will allow for early de- since the inception of the Cape May-Lewes Edward Roski, General Manager Dean tection; and Ferry in 1964; Lombardi, and Head Coach Darryl Sutter as- Whereas the MAGIC Foundation for chil- Whereas the DRBA continues to invest its sembled the powerful team that comprises dren’s growth has designated the third week resources to improve the services and infra- the 2014 Los Angeles Kings and led the team of September as ‘‘Growth Awareness Week’’: structure of the Cape May-Lewes Ferry, in- through a strong season that culminated in Now, therefore, be it cluding a renovated ferry fleet and new pas- the winning of the Stanley Cup Champion- Resolved, That the Senate— senger terminal facilities; and ship: Now, therefore, be it (1) designates the third week of September Whereas the Cape May-Lewes Ferry re- Resolved, That the Senate— 2014 as ‘‘Growth Awareness Week’’; and mains an important transportation link, as a (1) congratulates the Los Angeles Kings on (2) supports the goals and ideals of waterway continuation of United States winning the 2014 Stanley Cup Championship; ‘‘Growth Awareness Week’’. Route 9 between the State of Delaware and and

VerDate Mar 15 2010 05:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.036 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4166 CONGRESSIONAL RECORD — SENATE June 26, 2014 (2) commends Los Angeles Kings fans in S. RES. 493 Mr. RUBIO, Mr. SANDERS, Mr. SCHATZ, not only California, but all across the United Whereas many people in the United States Mr. SCHUMER, Mr. SCOTT, Mr. SESSIONS, States for cheering the team to victory. maintain classic automobiles as a pastime Mrs. SHAHEEN, Mr. SHELBY, Ms. STABE- f and do so with great passion and as a means NOW, Mr. TESTER, Mr. THUNE, Mr. of individual expression; TOOMEY, Mr. UDALL of Colorado, Mr. SENATE RESOLUTION 492—CON- Whereas the Senate recognizes the effect UDALL of New Mexico, Mr. VITTER, Mr. GRATULATING ‘‘A PRAIRIE HOME that the more than 100-year history of the COMPANION’’ ON ITS 40 YEARS automobile has had on the economic WALSH, Mr. WARNER, Ms. WARREN, Mr. OF ENGAGING, HUMOROUS, AND progress of the United States and supports WHITEHOUSE, Mr. WICKER, and Mr. QUALITY RADIO PROGRAMMING wholeheartedly all activities involved in the WYDEN) submitted the following reso- Ms. KLOBUCHAR (for herself and Mr. restoration and exhibition of classic auto- lution; which was considered and mobiles; agreed to: FRANKEN) submitted the following res- Whereas the collection, restoration, and S. RES. 494 olution; which was considered and preservation of automobiles is an activity Whereas Howard H. Baker, Jr. was born in agreed to: shared across generations and across all seg- Tennessee in 1925, graduated from the Uni- S. RES. 492 ments of society; versity of Tennessee Law College in 1949, and Whereas thousands of local car clubs and Whereas, for 40 years, ‘‘A Prairie Home was admitted to the Tennessee bar after related businesses have been instrumental in Companion’’ has brought listeners from which he commenced practice in his beloved preserving a historic part of the heritage of around the country to the fantastic town of state; the United States by encouraging the res- Lake Wobegon, Minnesota; Whereas Howard H. Baker, Jr. served in toration and exhibition of such vintage Whereas, in 2014, ‘‘A Prairie Home Com- the United States Navy during World War II works of art; panion’’ is a 2 hour radio variety program from 1943–1946; Whereas automotive restoration provides performed live that airs on Saturday after- Whereas Howard H. Baker, Jr. was first well-paying, high-skilled jobs for people in noons ; elected to the United States Senate in 1966 all 50 States; and Whereas over 600 radio stations carry ‘‘A and served three terms as a Senator from the Whereas automobiles have provided the in- Prairie Home Companion’’ to 4,000,000 lis- State of Tennessee; spiration for music, photography, cinema, teners each week; Whereas Howard H. Baker, Jr. served the fashion, and other artistic pursuits that have Whereas ‘‘A Prairie Home Companion’’ was Senate as the Republican Leader from 1977– become part of the popular culture of the created by and is hosted by a Grammy Award 1981 and as the Majority Leader from 1981– United States: Now, therefore, be it winner who received the award in 1998 for 1985; ‘‘Lake Wobegon Days’’; Resolved, That the Senate— (1) designates July 11, 2014, as ‘‘Collector Whereas Howard H. Baker, Jr. was awarded Whereas 12 people were in the audience for the Presidential Medal of Freedom on March the first broadcast of ‘‘A Prairie Home Com- Car Appreciation Day’’; (2) recognizes that the collection and res- 26, 1984; panion’’ on July 6, 1974, at the Janet Wallace Whereas following his service as Senator, Auditorium at Macalester College in Saint toration of historic and classic cars is an im- portant part of preserving the technological Howard H. Baker, Jr. continued to serve his Paul, Minnesota; country as chief of staff to President Ronald Whereas, in 2014, ‘‘A Prairie Home Com- achievements and cultural heritage of the United States; and Reagan from 1987–1988 and as United States panion’’ is broadcast from the Fitzgerald Ambassador to Japan from 2001–2005; Theater in Saint Paul, Minnesota, a historic (3) encourages the people of the United States to engage in events and commemora- Whereas Howard H. Baker, Jr. was known building that is over 100 years old and was for his commitment to civility in public life, named after United States citizen and au- tions of Collector Car Appreciation Day that create opportunities for collector car owners admonishing his fellow citizens to accord ‘‘a thor F. Scott Fitzgerald; decent respect for differing points of view’’: Whereas ‘‘A Prairie Home Companion’’ has to educate young people about the impor- tance of preserving the cultural heritage of Now, therefore, be it won a Peabody Award; Resolved, That the Senate has heard with Whereas ‘‘A Prairie Home Companion’’ has the United States, including through the col- lection and restoration of collector cars. profound sorrow and deep regret the an- broadcast from Canada, Ireland, Scotland, nouncement of the death of the Honorable England, Germany, Iceland, and nearly every f Howard H. Baker, Jr., former member of the State in the United States; SENATE RESOLUTION 494—REL- United States Senate. Whereas ‘‘A Prairie Home Companion’’ in- ATIVE TO THE DEATH OF HOW- Resolved, That the Secretary of the Senate spired a movie by the same name, which communicate these resolutions to the House itself won 4 international awards; and ARD H. BAKER, JR., FORMER of Representatives and transmit an enrolled Whereas in Lake Wobegon all the women UNITED STATES SENATOR FOR copy thereof to the family of the deceased. are strong, all the men are good looking, and THE STATE OF TENNESSEE Resolved, That when the Senate adjourns all the children are above average: Now, Mr. MCCONNELL (for himself, Mr. today, it stand adjourned as a further mark therefore, be it of respect to the memory of the Honorable REID, Mr. ALEXANDER, Mr. CORKER, Ms. Resolved, That the Senate— Howard H. Baker, Jr. (1) congratulates— AYOTTE, Ms. BALDWIN, Mr. BARRASSO, f (A) the cast and crew of ‘‘A Prairie Home Mr. BEGICH, Mr. BENNET, Mr. Companion’’ for 40 years of engaging, humor- BLUMENTHAL, Mr. BLUNT, Mr. BOOKER, SENATE CONCURRENT RESOLU- ous, and quality radio programming; and Mr. BOOZMAN, Mrs. BOXER, Mr. BROWN, TION 38—EXPRESSING THE (B) Minnesota Public Radio and American Mr. BURR, Ms. CANTWELL, Mr. CARDIN, SENSE OF CONGRESS THAT WAR- Public Media for bringing ‘‘A Prairie Home Mr. CARPER, Mr. CASEY, Mr. CHAM- REN WEINSTEIN SHOULD BE RE- Companion’’ into the homes of millions for BLISS, Mr. COATS, Mr. COBURN, Mr. 40 years; and TURNED HOME TO HIS FAMILY COCHRAN, Ms. COLLINS, Mr. COONS, Mr. (2) directs the Secretary of the Senate to Ms. MIKULSKI (for herself and Mr. CORNYN, Mr. CRAPO, Mr. CRUZ, Mr. DON- transmit an enrolled copy of this resolution CARDIN) submitted the following con- to the creator and host of ‘‘A Prairie Home NELLY, Mr. DURBIN, Mr. ENZI, Mrs. current resolution; which was referred FEINSTEIN, Mrs. FISCHER, Mr. FLAKE, Companion’’. to the Committee on Foreign Rela- Mr. FRANKEN, Mrs. GILLIBRAND, Mr. f tions: GRAHAM, Mr. GRASSLEY, Mrs. HAGAN, S. CON. RES. 38 SENATE RESOLUTION 493—DESIG- Mr. HARKIN, Mr. HATCH, Mr. HEINRICH, NATING JULY 11, 2014, AS ‘‘COL- Ms. HEITKAMP, Mr. HELLER, Ms. Whereas Warren Weinstein was abducted in Pakistan in 2011 and is currently being held LECTOR CAR APPRECIATION HIRONO, Mr. HOEVEN, Mr. INHOFE, Mr. captive by al Qaeda; DAY’’ AND RECOGNIZING THAT ISAKSON, Mr. JOHANNS, Mr. JOHNSON of THE COLLECTION AND RESTORA- Whereas Warren Weinstein is a former offi- Wisconsin, Mr. JOHNSON of South Da- cial of the Peace Corps and the United States TION OF HISTORIC AND CLASSIC kota, Mr. KAINE, Mr. KING, Mr. KIRK, Agency for International Development; CARS IS AN IMPORTANT PART Ms. KLOBUCHAR, Ms. LANDRIEU, Mr. Whereas Warren Weinstein is widely recog- OF PRESERVING THE TECHNO- LEAHY, Mr. LEE, Mr. LEVIN, Mr. nized as a scholar and humanitarian who has LOGICAL ACHIEVEMENTS AND MANCHIN, Mr. MARKEY, Mr. MCCAIN, spent his career working to improve the lives CULTURAL HERITAGE OF THE Mrs. MCCASKILL, Mr. MENENDEZ, Mr. of men, women, and children around the world; and UNITED STATES MERKLEY, Ms. MIKULSKI, Mr. MORAN, Whereas video released of Warren Mr. TESTER (for himself, Mr. BURR, Ms. MURKOWSKI, Mr. MURPHY, Mrs. Weinstein by his captors confirms that he is and Mr. BEGICH) submitted the fol- MURRAY, Mr. NELSON, Mr. PAUL, Mr. in poor health: Now, therefore, be it lowing resolution; which was consid- PORTMAN, Mr. PRYOR, Mr. REED, Mr. Resolved by the Senate (the House of Rep- ered and agreed to: RISCH, Mr. ROBERTS, Mr. ROCKEFELLER, resentatives concurring), That it is the sense

VerDate Mar 15 2010 06:27 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.039 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 26, 2014 CONGRESSIONAL RECORD — SENATE S4167 of Congress that the United States Govern- SA 3401. Mr. COATS submitted an amend- to be proposed by him to the bill S. 2410, ment should— ment intended to be proposed by him to the supra; which was ordered to lie on the table. (1) use all of the lawful tools at its disposal bill S. 2410, supra; which was ordered to lie SA 3422. Mr. TESTER (for himself and Mr. to bring Warren Weinstein home to his fam- on the table. WALSH) submitted an amendment intended ily; SA 3402. Mr. WHITEHOUSE submitted an to be proposed by him to the bill S. 2410, (2) make the return of all United States amendment intended to be proposed by him supra; which was ordered to lie on the table. citizens held captive abroad, regardless of to the bill S. 2410, supra; which was ordered SA 3423. Mr. TESTER submitted an amend- their different circumstances, a top priority; to lie on the table. ment intended to be proposed by him to the and SA 3403. Mr. WHITEHOUSE submitted an bill S. 2410, supra; which was ordered to lie (3) keep Congress apprised of actions to amendment intended to be proposed by him on the table. achieve these goals as new information is to the bill S. 2410, supra; which was ordered SA 3424. Mr. TESTER (for himself and Mr. available, or quarterly if no new information to lie on the table. WALSH) submitted an amendment intended is available. SA 3404. Ms. HEITKAMP submitted an to be proposed by him to the bill S. 2410, amendment intended to be proposed by her supra; which was ordered to lie on the table. f to the bill S. 2410, supra; which was ordered SA 3425. Mr. WHITEHOUSE submitted an AMENDMENTS SUBMITTED AND to lie on the table. amendment intended to be proposed by him PROPOSED SA 3405. Ms. HEITKAMP submitted an to the bill S. 2410, supra; which was ordered amendment intended to be proposed by her to lie on the table. SA 3388. Mr. REED (for himself and Mr. to the bill S. 2410, supra; which was ordered SA 3426. Mr. KING (for himself and Mr. RAHAM G ) submitted an amendment intended to lie on the table. BURR) submitted an amendment intended to to be proposed by him to the bill S. 2410, to SA 3406. Mrs. FEINSTEIN (for herself and be proposed by him to the bill S. 2410, supra; authorize appropriations for fiscal year 2015 Mrs. BOXER) submitted an amendment in- which was ordered to lie on the table. for military activities of the Department of tended to be proposed by her to the bill S. SA 3427. Mr. WHITEHOUSE submitted an Defense, for military construction, and for 2410, supra; which was ordered to lie on the amendment intended to be proposed by him defense activities of the Department of En- table. to the bill S. 2410, supra; which was ordered ergy, to prescribe military personnel SA 3407. Mrs. FEINSTEIN (for herself and to lie on the table. strengths for such fiscal year, and for other Mrs. BOXER) submitted an amendment in- SA 3428. Mr. CARDIN submitted an amend- purposes; which was ordered to lie on the tended to be proposed by her to the bill S. ment intended to be proposed by him to the table. 2410, supra; which was ordered to lie on the bill S. 2410, supra; which was ordered to lie SA 3389. Mr. REED submitted an amend- table. on the table. ment intended to be proposed by him to the SA 3408. Mr. SCHATZ submitted an amend- SA 3429. Mr. CARDIN submitted an amend- bill S. 2410, supra; which was ordered to lie ment intended to be proposed by him to the ment intended to be proposed by him to the on the table. bill S. 2410, supra; which was ordered to lie bill S. 2410, supra; which was ordered to lie SA 3390. Mr. REED submitted an amend- on the table. on the table. ment intended to be proposed by him to the SA 3409. Mr. SCHATZ submitted an amend- SA 3430. Mr. CARDIN submitted an amend- bill S. 2410, supra; which was ordered to lie ment intended to be proposed by him to the ment intended to be proposed by him to the on the table. bill S. 2410, supra; which was ordered to lie bill S. 2410, supra; which was ordered to lie SA 3391. Mrs. FEINSTEIN (for herself and on the table. on the table. Mr. GRASSLEY) submitted an amendment in- SA 3410. Mr. SCHATZ submitted an amend- SA 3431. Mr. CARDIN submitted an amend- tended to be proposed by her to the bill S. ment intended to be proposed by him to the ment intended to be proposed by him to the 2410, supra; which was ordered to lie on the bill S. 2410, supra; which was ordered to lie bill S. 2410, supra; which was ordered to lie table. on the table. on the table. SA 3411. Mr. WHITEHOUSE submitted an SA 3392. Mrs. FEINSTEIN submitted an SA 3432. Mr. CARDIN submitted an amend- amendment intended to be proposed by him amendment intended to be proposed by her ment intended to be proposed by him to the to the bill S. 2410, supra; which was ordered to the bill S. 2410, supra; which was ordered bill S. 2410, supra; which was ordered to lie to lie on the table. to lie on the table. on the table. SA 3412. Mrs. FEINSTEIN (for herself, Mr. SA 3393. Ms. BALDWIN submitted an SA 3433. Mr. CARDIN submitted an amend- LEE, Mr. UDALL of New Mexico, Mr. PAUL, amendment intended to be proposed by her ment intended to be proposed by him to the Mr. WHITEHOUSE, Mr. CRUZ, Mr. COONS, Ms. to the bill S. 2410, supra; which was ordered bill S. 2410, supra; which was ordered to lie COLLINS, Mr. FRANKEN, Mr. ROBERTS, Mr. to lie on the table. on the table. HEINRICH, Mr. ENZI, Mr. ROCKEFELLER, Mr. SA 3394. Mrs. FEINSTEIN submitted an SA 3434. Mr. CARDIN submitted an amend- KIRK, and Ms. KLOBUCHAR) submitted an amendment intended to be proposed by her ment intended to be proposed by him to the amendment intended to be proposed by her to the bill S. 2410, supra; which was ordered bill S. 2410, supra; which was ordered to lie to the bill S. 2410, supra; which was ordered to lie on the table. on the table. to lie on the table. SA 3395. Ms. BALDWIN submitted an SA 3435. Mr. CARDIN submitted an amend- SA 3413. Mrs. FEINSTEIN submitted an amendment intended to be proposed by her ment intended to be proposed by him to the amendment intended to be proposed by her to the bill S. 2410, supra; which was ordered bill S. 2410, supra; which was ordered to lie to the bill S. 2410, supra; which was ordered to lie on the table. on the table. SA 3396. Ms. BALDWIN submitted an to lie on the table. SA 3414. Mr. SCHATZ submitted an amend- SA 3436. Ms. COLLINS submitted an amendment intended to be proposed by her ment intended to be proposed by him to the amendment intended to be proposed by her to the bill S. 2410, supra; which was ordered bill S. 2410, supra; which was ordered to lie to the bill S. 2410, supra; which was ordered to lie on the table. to lie on the table. SA 3397. Mr. CARDIN (for himself and Mr. on the table. SA 3415. Ms. KLOBUCHAR (for herself and SA 3437. Ms. COLLINS submitted an CRAPO) submitted an amendment intended to amendment intended to be proposed by her Mr. ENZI) submitted an amendment intended be proposed by him to the bill S. 2363, to pro- to be proposed by her to the bill S. 2410, to the bill S. 2410, supra; which was ordered tect and enhance opportunities for rec- supra; which was ordered to lie on the table. to lie on the table. reational hunting, fishing, and shooting, and SA 3416. Ms. KLOBUCHAR submitted an SA 3438. Ms. MURKOWSKI submitted an for other purposes; which was ordered to lie amendment intended to be proposed by her amendment intended to be proposed by her on the table. to the bill S. 2410, supra; which was ordered to the bill S. 2410, supra; which was ordered SA 3398. Mrs. FEINSTEIN (for herself and to lie on the table. to lie on the table. Mr. GRASSLEY) submitted an amendment in- SA 3417. Ms. KLOBUCHAR submitted an SA 3439. Ms. MURKOWSKI submitted an tended to be proposed by her to the bill S. amendment intended to be proposed by her amendment intended to be proposed by her 2410, to authorize appropriations for fiscal to the bill S. 2410, supra; which was ordered to the bill S. 2410, supra; which was ordered year 2015 for military activities of the De- to lie on the table. to lie on the table. partment of Defense, for military construc- SA 3418. Mr. WALSH (for himself and Mr. SA 3440. Ms. MURKOWSKI submitted an tion, and for defense activities of the Depart- TESTER) submitted an amendment intended amendment intended to be proposed by her ment of Energy, to prescribe military per- to be proposed by him to the bill S. 2410, to the bill S. 2410, supra; which was ordered sonnel strengths for such fiscal year, and for supra; which was ordered to lie on the table. to lie on the table. other purposes; which was ordered to lie on SA 3419. Mr. WALSH (for himself and Mr. SA 3441. Mr. CASEY (for himself and Mr. the table. TESTER) submitted an amendment intended BOOKER) submitted an amendment intended SA 3399. Mr. COATS submitted an amend- to be proposed by him to the bill S. 2410, to be proposed by him to the bill H.R. 4660, ment intended to be proposed by him to the supra; which was ordered to lie on the table. making appropriations for the Departments bill S. 2410, supra; which was ordered to lie SA 3420. Mr. WALSH (for himself and Mr. of Commerce and Justice, Science, and Re- on the table. TESTER) submitted an amendment intended lated Agencies for the fiscal year ending Sep- SA 3400. Mr. COATS submitted an amend- to be proposed by him to the bill S. 2410, tember 30, 2015, and for other purposes; which ment intended to be proposed by him to the supra; which was ordered to lie on the table. was ordered to lie on the table. bill S. 2410, supra; which was ordered to lie SA 3421. Mr. TESTER (for himself and Mr. SA 3442. Mr. REID (for Mr. BOOZMAN) pro- on the table. WALSH) submitted an amendment intended posed an amendment to the bill S. 2076, to

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amend the provisions of title 46, United (2) CONSTRUCTION.—The amendments made govern the authority to issue, use, and en- States Code, related to the Board of Visitors by paragraph (1) shall not be construed to force civil investigative demands under sub- to the United States Merchant Marine Acad- imply that a person aggrieved by a violation paragraph (D), except that— emy, and for other purposes. of such Act did not have a right to bring a ‘‘(i) any reference in that section to false SA 3443. Mr. REID (for Mr. COONS) proposed civil action as a representative party on be- claims law investigators or investigations an amendment to the bill S. 1799, to reau- half of members of a class or be a member of shall be applied for purposes of subparagraph thorize subtitle A of the Victims of Child a class in a civil action before the date of the (D) as referring to investigators or investiga- Abuse Act of 1990. enactment of this Act. tions under this section; ‘‘(ii) any reference in that section to inter- f SA 3389. Mr. REED submitted an rogatories shall be applied for purposes of TEXT OF AMENDMENTS amendment intended to be proposed by subparagraph (D) as referring to written him to the bill S. 2410, to authorize ap- questions, and answers to such need not be SA 3388. Mr. REED (for himself and propriations for fiscal year 2015 for under oath; Mr. GRAHAM) submitted an amendment ‘‘(iii) the statutory definitions for purposes intended to be proposed by him to the military activities of the Department of Defense, for military construction, of that section relating to ‘false claims law’ bill S. 2410, to authorize appropriations shall not apply; and for fiscal year 2015 for military activi- and for defense activities of the De- ‘‘(iv) provisions of that section relating to ties of the Department of Defense, for partment of Energy, to prescribe mili- qui tam relators shall not apply.’’. military construction, and for defense tary personnel strengths for such fiscal (b) CONSULTATION WITH DEPARTMENT OF JUSTICE IN PRESCRIPTION OF REGULATIONS.— activities of the Department of Energy, year, and for other purposes; which was ordered to lie on the table; as follows: Subsection (h)(3) of such section is amended to prescribe military personnel by adding at the end the following new sub- strengths for such fiscal year, and for At the end of subtitle A of title VI, add the following: paragraph: other purposes; which was ordered to ‘‘(H) The Department of Justice.’’. SEC. 605. ROLE FOR DEPARTMENT OF JUSTICE lie on the table; as follows: UNDER MILITARY LENDING ACT. At the end of subtitle H of title X, add the (a) ENFORCEMENT BY THE ATTORNEY GEN- SA 3390. Mr. REED submitted an following: ERAL.—Subsection (f) of section 987 of title amendment intended to be proposed by SEC. 1087. RESOLUTION OF CONTROVERSIES 10, United States Code, is amended by adding him to the bill S. 2410, to authorize ap- UNDER SERVICEMEMBERS CIVIL RE- at the end the following new paragraph: propriations for fiscal year 2015 for LIEF ACT. ‘‘(7) ENFORCEMENT BY THE ATTORNEY GEN- military activities of the Department (a) ELECTION OF ARBITRATION.— ERAL.— of Defense, for military construction, (1) IN GENERAL.—Section 102 of the ‘‘(A) IN GENERAL.—The Attorney General and for defense activities of the De- Servicemembers Civil Relief Act (50 U.S.C. may commence a civil action in any appro- partment of Energy, to prescribe mili- App. 512) is amended by adding at the end priate district court of the United States the following new subsection: against any person who— tary personnel strengths for such fiscal ‘‘(d) WRITTEN CONSENT REQUIRED FOR ARBI- ‘‘(i) engages in a pattern or practice of vio- year, and for other purposes; which was TRATION.—Notwithstanding any other provi- lating this section; or ordered to lie on the table; as follows: sion of law, whenever a contract with a serv- ‘‘(ii) engages in a violation of this section At the end of title X, add the following: icemember, or a servicemember and the that raises an issue of general public impor- Subtitle I—Matters Relating to the servicemember’s spouse jointly, provides for tance. Servicemembers Civil Relief Act the use of arbitration to resolve a con- ‘‘(B) RELIEF.—In a civil action commenced troversy subject to a provision of this Act under subparagraph (A), the court— SEC. 1091. TERMINATION OF RESIDENTIAL LEASES AFTER ASSIGNMENT OR RE- and arising out of or relating to such con- ‘‘(i) may grant any appropriate equitable LOCATION TO QUARTERS OF UNITED tract, arbitration may be used to settle such or declaratory relief with respect to the vio- STATES OR HOUSING FACILITY controversy only if, after such controversy lation of this section; UNDER JURISDICTION OF UNI- arises, all parties to such controversy con- ‘‘(ii) may award all other appropriate re- FORMED SERVICE. sent in writing to use arbitration to settle lief, including monetary damages, to any (a) TERMINATION OF RESIDENTIAL LEASES.— such controversy.’’. person aggrieved by the violation; and (1) IN GENERAL.—Section 305 of the (2) APPLICABILITY.—Subsection (d) of such ‘‘(iii) may, to vindicate the public interest, Servicemembers Civil Relief Act (50 U.S.C. section, as added by paragraph (1), shall assess a civil penalty— App. 535) is amended— apply with respect to contracts entered into, ‘‘(I) in an amount not exceeding $110,000 for (A) in subsection (a)(1)— amended, altered, modified, renewed, or ex- a first violation; and (i) in subparagraph (A), by striking ‘‘or’’ at tended after the date of the enactment of ‘‘(II) in an amount not exceeding $220,000 the end; this Act. for any subsequent violation. (ii) in subparagraph (B), by striking the pe- (b) LIMITATION ON WAIVER OF RIGHTS AND ‘‘(C) INTERVENTION.—Upon timely applica- riod at the end and inserting ‘‘; or’’; and PROTECTIONS.— tion, a person aggrieved by a violation of (iii) by adding at the end the following new (1) IN GENERAL.—Section 107(a) of the this section with respect to which the civil subparagraph: Servicemembers Civil Relief Act (50 U.S.C. action is commenced may intervene in such ‘‘(C) in the case of a lease described in sub- App. 517(a)) is amended— action, and may obtain such appropriate re- section (b)(1) and subparagraph (C) of such (A) in the second sentence, by inserting lief as the person could obtain in a civil ac- subsection, the date the lessee is assigned to ‘‘and if it is made after a specific dispute has tion under paragraph (5) with respect to that or otherwise relocates to quarters or a hous- arisen and the dispute is identified in the violation, along with costs and a reasonable ing facility as described in such subpara- waiver’’ after ‘‘to which it applies’’; and attorney fee. graph.’’; and (B) in the third sentence, by inserting ‘‘and ‘‘(D) ISSUANCE AND SERVICE OF CIVIL INVES- (B) in subsection (b)(1)— if it is made after a specific dispute has aris- TIGATIVE DEMANDS.—Whenever the Attorney (i) in subparagraph (A), by striking ‘‘or’’ at en and the dispute is identified in the waiv- General, or a designee, has reason to believe the end; er’’ after ‘‘period of military service’’. that any person may be in possession, cus- (ii) in subparagraph (B), by striking the pe- (2) APPLICABILITY.—The amendment made tody, or control of any documentary mate- riod at the end and inserting ‘‘; or’’; and by paragraph (1) shall apply with respect to rial relevant to an investigation under this (iii) by adding at the end the following new waivers made on or after the date of the en- section, the Attorney General, or a designee, subparagraph: actment of this Act. may, before commencing a civil action under ‘‘(C) the lease is executed by or on behalf of (c) PRESERVATION OF RIGHT TO BRING CLASS subparagraph (A), issue in writing and cause a person who thereafter and during the term ACTION.— to be served upon such person, a civil inves- of the lease is assigned to or otherwise relo- (1) IN GENERAL.—Section 802(a) of the tigative demand requiring— cates to quarters of the United States or a Servicemembers Civil Relief Act (50 U.S.C. ‘‘(i) the production of such documentary housing facility under the jurisdiction of a App. 597a(a)) is amended— material for inspection and copying; uniformed service (as defined in section 101 (A) in paragraph (1), by striking ‘‘and’’ at ‘‘(ii) that the custodian of such documen- of title 37, United States Code), including the end; tary material answer in writing written housing provided under the Military Housing (B) in paragraph (2), by striking the period questions with respect to such documentary Privatization Initiative.’’. at the end and inserting ‘‘; and’’; and material; or (2) MANNER OF TERMINATION.—Subsection (C) by adding at the end the following new ‘‘(iii) the production of any combination of (c)(1) of such section is amended— paragraph: such documentary material or answers. (A) in subparagraph (A)— ‘‘(3) be a representative party on behalf of ‘‘(E) RELATIONSHIP TO FALSE CLAIMS ACT.— (i) by inserting ‘‘in the case of a lease de- members of a class or be a member of a class, The statutory provisions governing the au- scribed in subsection (b)(1) and subparagraph in accordance with the Federal Rules of Civil thority to issue, use, and enforce civil inves- (A) or (B) of such subsection,’’ before ‘‘by de- Procedure, notwithstanding any previous tigative demands under section 3733 of title livery’’; and agreement to the contrary.’’. 31 (known as the ‘False Claims Act’) shall (ii) by striking ‘‘and’’ at the end;

VerDate Mar 15 2010 05:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.046 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 26, 2014 CONGRESSIONAL RECORD — SENATE S4169 (B) by redesignating subparagraph (B) as Department of Defense form that can be used SA 3392. Mrs. FEINSTEIN submitted subparagraph (C); and by an individual to give notice under para- an amendment intended to be proposed (C) by inserting after subparagraph (A) the graph (1).’’. by her to the bill S. 2410, to authorize following new subparagraph (B): (b) EFFECTIVE DATE.—Section 303A of such appropriations for fiscal year 2015 for ‘‘(B) in the case of a lease described in sub- Act, as added by subsection (a), shall apply military activities of the Department section (b)(1) and subparagraph (C) of such with respect to deaths that occur on or after subsection, by delivery by the lessee of writ- the date of the enactment of this Act. of Defense, for military construction, ten notice of such termination, and a letter (c) CLERICAL AMENDMENT.—The table of and for defense activities of the De- from the servicemember’s commanding offi- contents in section 1(b) of such Act (50 U.S.C. partment of Energy, to prescribe mili- cer indicating that the servicemember has App. 501) is amended by inserting after the tary personnel strengths for such fiscal been assigned to or is otherwise relocating to item relating to section 303 the following year, and for other purposes; which was quarters of the United States or a housing new item: ordered to lie on the table; as follows: facility under the jurisdiction of a uniformed ‘‘Sec. 303A. Protection of surviving spouse At the end of subtitle C of title VII, add service (as defined in section 101 of title 37, the following: United States Code), to the lessor (or the les- with respect to mortgage fore- closure.’’. SEC. 737. ANTIMICROBIAL STEWARDSHIP PRO- sor’s grantee), or to the lessor’s agent (or the GRAM AT MEDICAL FACILITIES OF agent’s grantee); and’’. SA 3391. Mrs. FEINSTEIN (for herself THE DEPARTMENT OF DEFENSE. (b) DEFINITION OF MILITARY ORDERS AND (a) IN GENERAL.—Not later than one year CONTINENTAL UNITED STATES FOR PURPOSES and Mr. GRASSLEY) submitted an after the date of the enactment of this Act, OF ACT.— amendment intended to be proposed by the Secretary of Defense shall carry out an (1) TRANSFER OF DEFINITIONS.—Such Act is her to the bill S. 2410, to authorize ap- antimicrobial stewardship program at med- further amended by transferring paragraphs propriations for fiscal year 2015 for ical facilities of the Department of Defense. (1) and (2) of section 305(i) (50 U.S.C. App. (b) COLLECTION AND USE OF DATA.—In car- 535(i)) to the end of section 101 (50 U.S.C. military activities of the Department of Defense, for military construction, rying out the antimicrobial stewardship pro- App. 511) and redesignating such paragraphs, gram required by subsection (a), the Sec- as so transferred, as paragraphs (10) and (11). and for defense activities of the De- retary shall— (2) CONFORMING AMENDMENTS.—Such Act is partment of Energy, to prescribe mili- (1) develop a consistent manner in which to further amended— tary personnel strengths for such fiscal collect and analyze data on antibiotic usage, (A) in section 305 (50 U.S.C. App. 535), as year, and for other purposes; which was health issues related to antibiotic usage amended by paragraph (1), by striking sub- ordered to lie on the table; as follows: (such as Clostridium difficile infections), and section (i); and At the end of subtitle H of title X, insert antimicrobial resistance trends at medical (B) in section 705 (50 U.S.C. App. 595), by the following: facilities of the Department in order to striking ‘‘or naval’’ both places it appears. SEC. 1087. TRANSNATIONAL DRUG TRAFFICKING evaluate how well the program is improving SEC. 1092. PROTECTION OF SURVIVING SPOUSE ACT. health care provided to members of the WITH RESPECT TO MORTGAGE Armed Forces and reducing the inappro- FORECLOSURE. (a) SHORT TITLE.—This section may be priate use of antibiotics at such facilities; (a) IN GENERAL.—Title III of the cited as the ‘‘Transnational Drug Trafficking and Servicemembers Civil Relief Act (50 U.S.C. Act of 2014’’. (2) provide data on antibiotic usage and App. 531 et seq.) is amended by inserting (b) POSSESSION, MANUFACTURE OR DISTRIBU- antimicrobial resistance trends at facilities after section 303 (50 U.S.C. App. 533) the fol- TION FOR PURPOSES OF UNLAWFUL IMPORTA- of the Department to the National lowing new section: TIONS.—Section 1009 of the Controlled Sub- Healthcare Safety Network of the Centers ‘‘SEC. 303A. PROTECTION OF SURVIVING SPOUSE stances Import and Export Act (21 U.S.C. 959) WITH RESPECT TO MORTGAGE is amended— for Disease Control and Prevention. (c) STRATEGY.—Not later than 180 days FORECLOSURE. (1) by redesignating subsections (b) and (c) after the date of the enactment of this Act, ‘‘(a) IN GENERAL.—Subject to subsection as subsections (c) and (d), respectively; and (b), with respect to a servicemember who the Secretary shall submit to the congres- (2) in subsection (a), by striking ‘‘It shall’’ sional defense committees a strategy for car- dies while in military service and who has a and all that follows and inserting the fol- surviving spouse who is the servicemember’s rying out the antimicrobial stewardship pro- lowing: ‘‘It shall be unlawful for any person gram required by subsection (a). successor in interest to property covered to manufacture or distribute a controlled under section 303(a), section 303 shall apply substance in schedule I or II or to the surviving spouse with respect to that SA 3393. Ms. BALDWIN submitted an flunitrazepam or a listed chemical intending, amendment intended to be proposed by property during the one-year period begin- knowing, or having reasonable cause to be- ning on the date of such death in the same her to the bill S. 2410, to authorize ap- lieve that such substance or chemical will be manner as if the servicemember had not unlawfully imported into the United States propriations for fiscal year 2015 for died. or into waters within a distance of 12 miles military activities of the Department ‘‘(b) NOTICE REQUIRED.— of the coast of the United States. of Defense, for military construction, ‘‘(1) IN GENERAL.—To be covered under this and for defense activities of the De- section with respect to property, a surviving ‘‘(b) It shall be unlawful for any person to spouse shall submit written notice that such manufacture or distribute a listed chem- partment of Energy, to prescribe mili- surviving spouse is so covered to the mort- ical— tary personnel strengths for such fiscal gagee, trustee, or other creditor of the mort- ‘‘(1) intending or knowing that the listed year, and for other purposes; which was gage, trust deed, or other security in the na- chemical will be used to manufacture a con- ordered to lie on the table; as follows: trolled substance; and ture of a mortgage with which the property At the end of subtitle H of title X of divi- ‘‘(2) intending, knowing, or having reason- is secured. sion A, add the following: ‘‘(2) TIME.—Notice provided under para- able cause to believe that the controlled sub- stance will be unlawfully imported into the SEC. 1087. TRANSFER OF ADMINISTRATIVE JU- graph (1) shall be provided with respect to a RISDICTION, BADGER ARMY AMMU- surviving spouse anytime during the one- United States.’’. NITION PLANT, BARABOO, WIS- year period beginning on the date of death of (c) TRAFFICKING IN COUNTERFEIT GOODS OR CONSIN. the servicemember with respect to whom the SERVICES.—Chapter 113 of title 18, United (a) DEFINITIONS.—In this section: surviving spouse is to receive coverage under States Code, is amended— (1) PLANT.—The term ‘‘plant’’ means the this section. (1) in section 2318(b)(2), by striking ‘‘sec- former Badger Army Ammunition Plant near ‘‘(3) ADDRESS.—Notice provided under para- tion 2320(e)’’ and inserting ‘‘section 2320(f)’’; Baraboo, Wisconsin. graph (1) with respect to property shall be and (2) PROPERTY.—The term ‘‘Property’’ in- provided via e-mail, facsimile, standard post, (2) in section 2320— cludes— or express mail to facsimile numbers and ad- (A) in subsection (a), by striking paragraph (A) the plant; dresses, as the case may be, designated by (4) and inserting the following: (B) any land located in Sauk County, Wis- the servicer of the mortgage, trust deed, or ‘‘(4) traffics in a drug and knowingly uses consin, and managed by the Federal Govern- other security in the nature of a mortgage a counterfeit mark on or in connection with ment relating to the plant; and with which the property is secured. such drug,’’; (C) any structure on the land described in ‘‘(4) MANNER.—Notice provided under para- (B) in subsection (b)(3), in the matter pre- subparagraph (B). graph (1) shall be provided in writing by ceding subparagraph (A), by striking ‘‘coun- (b) TRANSFER OF ADMINISTRATIVE JURISDIC- using a form designed under paragraph (5) or terfeit drug’’ and inserting ‘‘drug that uses a TION.— submitting a copy of a Department of De- counterfeit mark on or in connection with (1) IN GENERAL.—The Secretary of Defense fense or Department of Veterans Affairs doc- the drug’’; and shall transfer to the Secretary of the Inte- ument evidencing the military service-re- (C) in subsection (f), by striking paragraph rior administrative jurisdiction over the ap- lated death of a spouse while in military (6) and inserting the following: proximately 1,553 acres of land located with- service. ‘‘(6) the term ‘drug’ means a drug, as de- in the boundary of the Property, to be held ‘‘(5) OFFICIAL FORMS.—The Secretary of De- fined in section 201 of the Federal Food, in trust by the Secretary of the Interior for fense shall design and distribute an official Drug, and Cosmetic Act (21 U.S.C. 321).’’. the benefit of the Ho-Chunk Nation.

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(2) DATE OF TRANSFER.— 13, 24, and 25 of Township 30S, Range 42E; and (3) A description of Reserve Officers’ Train- (A) IN GENERAL.—The transfer of all land Section 5 and the northern half of Section 6 ing Corps classroom information materials, described in paragraph (1) shall be carried of Township 31S, Range 43E, Mount Diablo course materials, and lesson plans related to out not later than 1 year after the latter of— Meridian, in the county of San Bernardino in education and training for prevention of sex- (i) the date on which environmental reme- the State of California, (but excluding the ual violence, and the process for developing diation activities on the land described in parcel identified as ‘AF Fee Simple’) as de- such materials and lesson plans. that paragraph are finalized; and picted on the map entitled: ‘Cuddeback Area (4) A description of the processes of com- (ii) the date of enactment of this Act. of the Golden Valley Proposed Wilderness munication among Reserve Officers’ Train- (B) FINALIZATION OF ENVIRONMENTAL REME- Additions, June 2014’.’’. ing Corps program officials, institutions of DIATION ACTIVITIES.—For purposes of this (b) EXPIRATIONAL REPEAL.—The Act enti- higher education, and law enforcement offi- paragraph, environmental remediation ac- tled ‘‘An Act to provide for the withdrawal cials about alleged and proven sexual vio- tivities on a parcel of land to be transferred and reservation for the use of the Depart- lence incidents involving Reserve Officers’ under paragraph (1) are considered to be fi- ment of the Air Force of certain public lands Training Corps cadets. nalized on the date on which the Department of the United States at Cuddeback Lake Air (5) A description of the process to review of Natural Resources of the State of Wis- Force Range, California, for defense pur- the records of Reserve Officers’ Training consin makes a final case closure and no-ac- poses’’, as approved June 21, 1963 (Public Law Corps cadets, including disciplinary records, tion-required determination for that parcel 88–46; 77 Stat. 69), is repealed. are evaluated prior to commissioning. of land. (6) Such other matters and recommenda- (3) TRANSFER OF PARCELS.—The Secretary SA 3395. Ms. BALDWIN submitted an tions with respect to the study required by of the Army may transfer the land described amendment intended to be proposed by subsection (a) as the Secretary considers ap- in paragraph (1) in parcels. her to the bill S. 2410, to authorize ap- propriate. (4) LEGAL DESCRIPTION.—As soon as prac- propriations for fiscal year 2015 for SA 3396. Ms. BALDWIN submitted an ticable after the date of enactment of this military activities of the Department Act, the Secretary of Defense shall publish amendment intended to be proposed by in the Federal Register a legal description of of Defense, for military construction, her to the bill S. 2410, to authorize ap- the land to be transferred under paragraph and for defense activities of the De- propriations for fiscal year 2015 for (1). partment of Energy, to prescribe mili- military activities of the Department (c) RETENTION OF ENVIRONMENTAL RESPON- tary personnel strengths for such fiscal of Defense, for military construction, SIBILITIES BY THE ARMY.— year, and for other purposes; which was and for defense activities of the De- (1) IN GENERAL.—Subject to paragraph (2) ordered to lie on the table; as follows: and notwithstanding the transfer of adminis- partment of Energy, to prescribe mili- At the end of subtitle E of title V, add the trative jurisdiction over the Property to the tary personnel strengths for such fiscal following: Secretary of the Interior under subsection year, and for other purposes; which was (b)(1), the Secretary of the Army shall retain SEC. 557. REPORT ON FEASIBILITY OF ASSESS- ordered to lie on the table; as follows: MENT OF SEXUAL VIOLENCE IN- sole Federal responsibility and liability to VOLVING RESERVE OFFICERS’ On page 738, in the table relating to Other fund and implement actions necessary for TRAINING CORPS CADETS. Procurement, Army, insert after the item re- compliance with all environmental remedi- (a) REPORT.—Not later than June 30, 2015, lating to Joint Light Tactical Vehicle an ation activities required to support the land the Secretary of Defense shall, in consulta- item relating to Family Medium Tactical reuse identified in the final case closure and tion with the Secretary of Education, submit Vehicles (FMTV), with a FY 2015 Request no-action-required determination of the De- to the congressional defense committees a amount of ‘‘0’’ and a Senate Authorized partment of Natural Resources of the State report setting forth an assessment of the fea- amount of ‘‘50,000’’. of Wisconsin for any transferred parcel of the sibility of conducting a study of sexual vio- On page 738, in the table relating to Other Property. lence involving cadets in the Reserve Offi- Procurement, Army, insert after the item re- (2) LIMITATION.—The responsibility and li- cers’ Training Corps (ROTC) programs dur- lating to Family of Heavy Tactical Vehicles ability of the Secretary of the Army de- ing fiscal years 2009 through 2014 in order to (FHTV) an item relating to Additional scribed in paragraph (1) is limited to the re- determine the extent of sexual violence in HEMTT ESP Vehicles, with a FY 2015 Re- mediation of environmental contamination the Reserve Officers’ Training Corps pro- quest amount of ‘‘0’’ and a Senate Author- caused by the activities of the Department of grams and the need for reform of such pro- ized amount of ‘‘50,000’’. Defense that occurred before the date on grams in connection with such violence. which administrative jurisdiction over the (b) ELEMENTS.—The report required by sub- SA 3397. Mr. CARDIN (for himself land is transferred under this section. section (a) shall include the following: and Mr. CRAPO) submitted an amend- (1) A description and prioritization of the ment intended to be proposed by him SA 3394. Mrs. FEINSTEIN submitted quantitative and qualitative data, including to the bill S. 2363, to protect and en- an amendment intended to be proposed collection and assessment methodologies in hance opportunities for recreational by her to the bill S. 2410, to authorize compliance with applicable privacy laws, hunting, fishing, and shooting, and for appropriations for fiscal year 2015 for that should be used to assess the extent of other purposes; which was ordered to military activities of the Department sexual violence involving Reserve Officers’ lie on the table; as follows: Training Corps cadets for each Armed Forces of Defense, for military construction, On page 53, after line 11, add the following: and for defense activities of the De- and across the Armed Forces in general, in- cluding data on— TITLE III—FISH HABITAT CONSERVATION partment of Energy, to prescribe mili- (A) alleged and proven incidents of sexual SEC. 301. FINDINGS; PURPOSE. tary personnel strengths for such fiscal violence by Reserve Officers’ Training Corps (a) FINDINGS.—Congress finds that— year, and for other purposes; which was cadets as reported to the Reserve Officers’ (1) healthy populations of fish depend on ordered to lie on the table; as follows: Training Corps programs, institutions of the conservation, protection, restoration, At the end of subtitle E of title XXVIII, higher education, and law enforcement offi- and enhancement of fish habitats in the add the following: cials; United States; SEC. 2842. WITHDRAWAL AND RESERVATION OF (B) alleged and proven incidents of sexual (2) fish habitats (including wetlands, ADDITIONAL PUBLIC LAND FOR violence by students of institutions of higher streams, rivers, lakes, estuaries, and coastal NAVAL AIR WEAPONS STATION, education of demographics similar to the de- and marine habitats) perform numerous val- CHINA LAKE, CALIFORNIA. mographics of Reserve Officers’ Training uable environmental functions that sustain (a) IN GENERAL.—Section 2971(b) of the Na- Corps cadets as reported to institutions of environmental, social, and cultural values, tional Defense Authorization Act for Fiscal higher education and law enforcement offi- including recycling nutrients, purifying Year 2014 (Public Law 113–66; 127 Stat. 1044) is cials; and water, attenuating floods, augmenting and amended— (C) actions officially and unofficially taken maintaining stream flows, recharging ground (1) by striking ‘‘subsection (a) is the Fed- by Reserve Officers’ Training Corps pro- water, acting as primary producers in the eral land’’ and inserting the following: ‘‘sub- grams, institutions of higher education, and food chain, and providing essential and sig- section (a) is— law enforcement officials in response to such nificant habitat for plants, fish, wildlife, and ‘‘(1) the Federal land’’; and alleged and proven incidents of sexual vio- other dependent species; (2) by striking ‘‘section 2912.’’ and insert- lence. (3) the extensive and diverse fish habitat ing the following: ‘‘section 2912; (2) An assessment of the feasibility of the resources of the United States are of enor- ‘‘(2) approximately 7,556 acres of public collection and analysis of the data provided mous significance to the economy of the land described at Public Law 88–46 and com- for in paragraph (1), including the methods United States, providing— monly known as the Cuddeback Lake Air and resources that would be necessary to col- (A) recreation for 60,000,000 anglers; Force Range; and lect, for sample sizes of sufficient size as to (B) more than 828,000 jobs and approxi- ‘‘(3) approximately 4,480 acres comprised of provide significant evidence for determining mately $115,000,000,000 in economic impact all the public lands within: Sections 31 and the extent, if any, of sexual violence involv- each year relating to recreational fishing; 32 of Township 29S, Range 43E; Sections 12, ing Reserve Officers’ Training Corps cadets. and

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(C) approximately 575,000 jobs and an addi- habitats in their respective States and terri- (A) IN GENERAL.—The term ‘‘fish’’ means tional $36,000,000,000 in economic impact each tories; and any freshwater, diadromous, estuarine, or year relating to commercial fishing; (B) the development, operation, and long- marine finfish or shellfish. (4) at least 40 percent of all threatened spe- term success of fish habitat partnerships and (B) INCLUSIONS.—The term ‘‘fish’’ includes cies and endangered species in the United project implementation; and the egg, spawn, spat, larval, and other juve- States are directly dependent on fish habi- (15) many of the programs for conservation nile stages of an organism described in sub- tats; on private farmland, ranchland, and paragraph (A). (5) certain fish species are considered to be forestland that are carried out by the Sec- (7) FISH AND WILDLIFE-DEPENDENT RECRE- ecological indicators of fish habitat quality, retary of Agriculture, including the Natural ATION.—The term ‘‘fish and wildlife-depend- such that the presence of those species re- Resources Conservation Service and the ent recreation’’ means a use involving hunt- flects high-quality habitat for fish species; State and Private Forestry programs of the ing, fishing, wildlife observation and photog- (6) loss and degradation of fish habitat, ri- Forest Service, are able to significantly con- raphy, or conservation education and inter- parian habitat, water quality, and water vol- tribute to the implementation of the Na- pretation. ume caused by activities such as alteration tional Fish Habitat Action Plan through the (8) FISH HABITAT.— of watercourses, stream blockages, water engagement of private landowners. (A) IN GENERAL.—The term ‘‘fish habitat’’ withdrawals and diversions, erosion, pollu- means an area on which fish depend to carry (b) PURPOSE.—The purpose of this title is tion, sedimentation, and destruction or out the life processes of the fish, including to encourage partnerships among public modification of wetlands have— an area used by the fish for spawning, incu- agencies and other interested parties con- (A) caused significant declines in fish pop- bation, nursery, rearing, growth to maturity, ulations throughout the United States, espe- sistent with the mission and goals of the Na- food supply, or migration. tional Fish Habitat Action Plan— cially declines in native fish populations; (B) INCLUSIONS.—The term ‘‘fish habitat’’ and (1) to promote intact and healthy fish habi- may include— (B) resulted in economic losses to the tats; (i) an area immediately adjacent to an United States; (2) to improve the quality and quantity of aquatic environment, if the immediately ad- (7)(A) providing for the conservation and fish habitats and overall health of fish spe- jacent area— sustainability of fish populations has not cies; (I) contributes to the quality and quantity been fully realized, despite federally funded (3) to increase the quality and quantity of of water sources; or fish and wildlife restoration programs and fish habitats that support a broad natural di- (II) provides public access for the use of other activities intended to conserve fish versity of fish and other aquatic species; fishery resources; and habitat; and (4) to improve fish habitats in a manner (ii) an area inhabited by saltwater and (B) conservation and sustainability may be that leads to improvement of the annual eco- brackish fish, including an offshore artificial significantly advanced through a renewed nomic output from recreational, subsistence, marine reef in the Gulf of Mexico. commitment and sustained, cooperative ef- and commercial fishing; (9) FISH HABITAT CONSERVATION PROJECT.— forts that are complementary to existing (5) to enhance fish and wildlife-dependent (A) IN GENERAL.—The term ‘‘fish habitat fish and wildlife restoration programs and recreation; conservation project’’ means a project that— clean water programs; (6) to coordinate and facilitate activities (i) is submitted to the Board by a Partner- (8) the National Fish Habitat Action Plan carried out by Federal departments and ship and approved by the Secretary under provides a framework for maintaining and agencies under the leadership of— section 305; and restoring fish habitats to perpetuate popu- (A) the Director of the United States Fish (ii) provides for the conservation or man- lations of fish species; and Wildlife Service; agement of a fish habitat. (9) the United States can achieve signifi- (B) the Assistant Administrator for Fish- (B) INCLUSIONS.—The term ‘‘fish habitat cant progress toward providing fish habitats eries of the National Oceanic and Atmos- conservation project’’ includes— for the conservation and restoration of fish pheric Administration; and (i) the provision of technical assistance to species through a voluntary, nonregulatory (C) the Director of the United States Geo- a State, Indian tribe, or local community by incentive program that is based on technical logical Survey; and the National Fish Habitat Conservation and financial assistance provided by the Fed- (7) to achieve other purposes in accordance Partnership Program or any other agency to eral Government; with the mission and goals of the National facilitate the development of strategies and (10) the creation of partnerships between Fish Habitat Action Plan. priorities for the conservation of fish habi- local citizens, Indian tribes, Alaska Native tats; or SEC. 302. DEFINITIONS. organizations, corporations, nongovern- (ii) the voluntary obtaining of a real prop- mental organizations, and Federal, State, In this title: erty interest in land or water, by a State, and tribal agencies is critical to the success (1) APPROPRIATE CONGRESSIONAL COMMIT- local government, or other non-Federal enti- of activities to restore fish habitats; TEES.—The term ‘‘appropriate congressional ty, including water rights, in accordance (11) the Federal Government has numerous committees’’ means— with terms and conditions that ensure that land and water management agencies that (A) the Committee on Commerce, Science, the real property will be administered for are critical to the implementation of the Na- and Transportation and the Committee on the long-term conservation of— tional Fish Habitat Action Plan, including— Environment and Public Works of the Sen- (I) the land or water; and (A) the United States Fish and Wildlife ate; and (II) the fish dependent on the land or Service; (B) the Committee on Natural Resources of water. (B) the Bureau of Land Management; the House of Representatives. (10) INDIAN TRIBE.—The term ‘‘Indian (C) the National Park Service; (2) ASSISTANT ADMINISTRATOR.—The term tribe’’ has the meaning given the term in (D) the Bureau of Reclamation; ‘‘Assistant Administrator’’ means the As- section 4 of the Indian Self-Determination (E) the Bureau of Indian Affairs; sistant Administrator for Fisheries of the and Education Assistance Act (25 U.S.C. (F) the National Marine Fisheries Service; National Oceanic and Atmospheric Adminis- 450b). (G) the Forest Service; tration. (11) NATIONAL FISH HABITAT ACTION PLAN.— (H) the Natural Resources Conservation (3) BOARD.—The term ‘‘Board’’ means the The term ‘‘National Fish Habitat Action Service; and National Fish Habitat Board established by Plan’’ means the National Fish Habitat Ac- (I) the Environmental Protection Agency; section 303(a)(1). tion Plan dated April 24, 2006, and any subse- (12) the United States Fish and Wildlife (4) CONSERVATION; CONSERVE; MANAGE; MAN- quent revisions or amendments to that plan. Service, the Forest Service, the Bureau of AGEMENT.—The terms ‘‘conservation’’, ‘‘con- (12) PARTNERSHIP.—The term ‘‘Partner- Land Management, and the National Marine serve’’, ‘‘manage’’, and ‘‘management’’ mean ship’’ means an entity designated by the Fisheries Service each play a vital role in— to maintain, sustain, and, where practicable, Board as a Fish Habitat Conservation Part- (A) the protection, restoration, and en- restore and enhance, using methods and pro- nership pursuant to section 304(a). hancement of the fish communities and fish cedures associated with modern scientific re- (13) REAL PROPERTY INTEREST.—The term habitats in the United States; and source programs (including protection, re- ‘‘real property interest’’ means an ownership (B) the development, operation, and long- search, census, law enforcement, habitat interest in— term success of fish habitat partnerships and management, propagation, live trapping and (A) land; project implementation; transplantation, and the regulated har- (B) water (including water rights); or (13) the United States Geological Survey, vesting of fish)— (C) a building or object that is perma- the United States Fish and Wildlife Service, (A) a healthy population of fish; nently affixed to land. and the National Marine Fisheries Service (B) a habitat required to sustain fish and (14) SECRETARY.—The term ‘‘Secretary’’ each play a vital role in scientific evalua- fish populations; or means the Secretary of the Interior. tion, data collection, and mapping for fish- (C) a habitat required to sustain fish pro- (15) STATE.—The term ‘‘State’’ means— ery resources in the United States; ductivity. (A) each of the several States; (14) the State and Territorial fish and wild- (5) DIRECTOR.—The term ‘‘Director’’ means (B) the District of Columbia; life agencies play a vital role in— the Director of the United States Fish and (C) the Commonwealth of Puerto Rico; (A) the protection, restoration, and en- Wildlife Service. (D) Guam; hancement of the fish communities and fish (6) FISH.— (E) the Virgin Islands; and

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Board, including— resources or sustains the habitat for those (ix) The row crop industry. (A) a requirement that a quorum of the (x) Natural resource commodity interests, fishery resources of the State pursuant to members of the Board be present to transact such as petroleum or mineral extraction. State law or the constitution of the State; or business; (3) COMPENSATION.—A member of the Board (C) the fish and wildlife agency of the Com- (B) a requirement that no recommenda- shall serve without compensation. monwealth of Puerto Rico, Guam, the Virgin tions may be adopted by the Board, except Islands, or any other territory or possession (4) TRAVEL EXPENSES.—A member of the by the vote of 2⁄3 of all members; Board may be allowed travel expenses, in- of the United States. (C) procedures for establishing national cluding per diem in lieu of subsistence, at SEC. 303. NATIONAL FISH HABITAT BOARD. goals and priorities for fish habitat conserva- rates authorized for an employee of an agen- (a) ESTABLISHMENT.— tion for the purposes of this title; cy under subchapter I of chapter 57 of title 5, (1) FISH HABITAT BOARD.—There is estab- United States Code, while away from the (D) procedures for designating Partner- lished a board, to be known as the ‘‘National home or regular place of business of the ships under section 304; and Fish Habitat Board’’, whose duties are— member in the performance of the duties of (E) procedures for reviewing, evaluating, (A) to promote, oversee, and coordinate the the Board. and making recommendations regarding fish implementation of this title and the Na- (b) APPOINTMENT AND TERMS.— habitat conservation projects. tional Fish Habitat Action Plan; (1) IN GENERAL.—Except as otherwise pro- (2) QUORUM.—A majority of the members of (B) to establish national goals and prior- vided in this subsection, a member of the the Board shall constitute a quorum. ities for fish habitat conservation; Board described in any of subparagraphs (H) SEC. 304. FISH HABITAT PARTNERSHIPS. (C) to approve Partnerships; and through (O) of subsection (a)(2) shall serve (D) to review and make recommendations for a term of 3 years. (a) AUTHORITY TO APPROVE.—The Board regarding fish habitat conservation projects. (2) INITIAL BOARD MEMBERSHIP.— may approve and designate Fish Habitat (2) MEMBERSHIP.—The Board shall be com- (A) IN GENERAL.—Not later than 180 days Partnerships in accordance with this section. posed of 28 members, of whom— after the date of enactment of this Act, the (b) PURPOSES.—The purposes of a Partner- (A) 1 shall be the Director; representatives of the board established by ship shall be— (B) 1 shall be the Assistant Administrator; the National Fish Habitat Action Plan shall (1) to coordinate the implementation of (C) 1 shall be the Chief of the Natural Re- appoint the initial members of the Board de- the National Fish Habitat Action Plan at a sources Conservation Service; scribed in subparagraphs (H), (I), (J), (L), regional level; (D) 1 shall be the Chief of the Forest Serv- (M), (N), and (O) of subsection (a)(2). (2) to identify strategic priorities for fish ice; (B) TRIBAL REPRESENTATIVES.—Not later habitat conservation; (E) 1 shall be the Assistant Administrator than 180 days after the enactment of this (3) to recommend to the Board fish habitat for Water of the Environmental Protection Act, the Secretary shall provide to the board conservation projects that address a stra- Agency; established by the National Fish Habitat Ac- tegic priority of the Board; and (F) 1 shall be the President of the Associa- tion Plan a recommendation of not less than (4) to develop and carry out fish habitat tion of Fish and Wildlife Agencies; 4 tribal representatives, from which that conservation projects. (G) 1 shall be the Secretary of the Board of board shall appoint 2 representatives pursu- (c) APPLICATIONS.—An entity seeking to be Directors of the National Fish and Wildlife ant to subparagraph (K) of subsection (a)(2). designated as a Partnership shall submit to Foundation appointed pursuant to section (3) TRANSITIONAL TERMS.—Of the members the Board an application at such time, in 3(g)(2)(B) of the National Fish and Wildlife described in subsection (a)(2)(O) initially ap- such manner, and containing such informa- Foundation Establishment Act (16 U.S.C. pointed to the Board— tion as the Board may reasonably require. 3702(g)(2)(B)); (A) 4 shall be appointed for a term of 1 (H) 4 shall be representatives of State year; (d) APPROVAL.—The Board may approve an agencies, 1 of whom shall be nominated by a (B) 4 shall be appointed for a term of 2 application for a Partnership submitted regional association of fish and wildlife years; and under subsection (c) if the Board determines agencies from each of the Northeast, South- (C) 3 shall be appointed for a term of 3 that the applicant— east, Midwest, and Western regions of the years. (1) identifies representatives to provide United States; (4) VACANCIES.— support and technical assistance to the Part- (I) 1 shall be a representative of the Com- (A) IN GENERAL.—A vacancy of a member of nership from a diverse group of public and monwealth of Puerto Rico, Guam, the Virgin the Board described in subparagraphs (H), (I), private partners, which may include Federal, Islands, or any other territory or possession (J), (L), (M), (N), and (O) of subsection (a)(2) State, or local governments, nonprofit enti- of the United States; shall be filled by an appointment made by ties, Indian tribes, and private individuals, (J) 1 shall be a representative of the Amer- the remaining members of the Board. that are focused on conservation of fish habi- ican Fisheries Society; (B) TRIBAL REPRESENTATIVES.—Following a tats to achieve results across jurisdictional (K) 2 shall be representatives of Indian vacancy of a member of the Board described boundaries on public and private land; tribes, of whom— in subparagraph (K) of subsection (a)(2), the (2) is organized to promote the health of (i) 1 shall represent Indian tribes from the Secretary shall recommend to the Board a important fish habitats and distinct geo- State of Alaska; and list of not less than 4 tribal representatives, graphical areas, important fish species, or (ii) 1 shall represent Indian tribes from the from which the remaining members of the system types, including reservoirs, natural other States; Board shall appoint a representative to fill lakes, coastal and marine environments, and (L) 1 shall be a representative of the Re- the vacancy. estuaries; gional Fishery Management Councils estab- (5) CONTINUATION OF SERVICE.—An indi- (3) identifies strategic fish and fish habitat lished under section 302 of the Magnuson- vidual whose term of service as a member of priorities for the Partnership area in the Stevens Fishery Conservation and Manage- the Board expires may continue to serve on form of geographical focus areas or key ment Act (16 U.S.C. 1852); the Board until a successor is appointed. stressors or impairments to facilitate stra- (M) 1 shall be a representative of the Ma- (6) REMOVAL.—If a member of the Board de- tegic planning and decisionmaking; rine Fisheries Commissions, which is com- scribed in any of subparagraphs (H) through (4) is able to address issues and priorities posed of— (O) of subsection (a)(2) misses 3 consecutive on a nationally significant scale; (i) the Atlantic States Marine Fisheries regularly scheduled Board meetings, the (5) includes a governance structure that— Commission; members of the Board may— (A) reflects the range of all partners; and (ii) the Gulf States Marine Fisheries Com- (A) vote to remove that member; and (B) promotes joint strategic planning and mission; and (B) appoint another individual in accord- decisionmaking by the applicant; (iii) the Pacific States Marine Fisheries ance with paragraph (4). (6) demonstrates completion of, or signifi- Commission; (c) CHAIRPERSON.— cant progress toward the development of, a (N) 1 shall be a representative of the (1) IN GENERAL.—The Board shall elect a strategic plan to address the decline in fish Sportfishing and Boating Partnership Coun- member of the Board to serve as Chairperson populations, rather than simply treating cil; and of the Board. symptoms in accordance with the National (O) 10 shall be representatives selected (2) TERM.—The Chairperson of the Board Fish Habitat Action Plan; and from each of the following groups: shall serve for a term of 3 years. (7) promotes collaboration in developing a (i) The recreational sportfishing industry. (d) MEETINGS.— strategic vision and implementation pro- (ii) The commercial fishing industry. (1) IN GENERAL.—The Board shall meet— gram that is scientifically sound and achiev- (iii) Marine recreational anglers. (A) at the call of the Chairperson; but able.

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SEC. 305. FISH HABITAT CONSERVATION (2) ACQUISITION OF REAL PROPERTY INTER- (2) PROJECTS ON FEDERAL LAND OR WATER.— PROJECTS. ESTS.— Notwithstanding paragraph (1), Federal (a) SUBMISSION TO BOARD.—Not later than (A) ACQUISITION OF REAL PROPERTY INTER- funds may be used for payment of 100 percent March 31 of each calendar year, each Part- ESTS.— of the costs of a fish habitat conservation nership shall submit to the Board a list of (i) IN GENERAL.—Subject to clause (ii), a project located on Federal land or water. fish habitat conservation projects rec- State, local government, or other non-Fed- (3) NON-FEDERAL SHARE.—The non-Federal ommended by the Partnership for annual eral entity shall be eligible to receive funds share of the cost of a fish habitat conserva- funding under this title. under this title for the acquisition of real tion project— (b) RECOMMENDATIONS BY BOARD.—Not property. (A) may not be derived from a Federal later than July 1 of each calendar year, the (ii) RESTRICTION.—No fish habitat con- grant program; but Board shall submit to the Secretary a de- servation project that will result in the ac- (B) may include in-kind contributions and scription, including estimated costs, of each quisition by a State, local government, or cash. fish habitat conservation project that the other non-Federal entity, in whole or in (4) SPECIAL RULE FOR INDIAN TRIBES.—Not- Board recommends that the Secretary ap- part, of any real property interest may be withstanding paragraph (1) or any other pro- prove and fund under this title, in order of recommended by the Board under subsection vision of law, any funds made available to an priority, for the following fiscal year. (b) or provided financial assistance under Indian tribe pursuant to this title may be (c) CONSIDERATIONS.—The Board shall se- lect each fish habitat conservation project to this title unless the project meets the re- considered to be non-Federal funds for the be recommended to the Secretary under sub- quirements of subparagraph (B). purpose of paragraph (1). section (b)— (B) REQUIREMENTS.— (f) APPROVAL.— (1) based on a recommendation of the Part- (i) IN GENERAL.—A real property interest (1) IN GENERAL.—Not later than 180 days nership that is, or will be, participating ac- may not be acquired pursuant to a fish habi- after the date of receipt of the recommenda- tively in carrying out the fish habitat con- tat conservation project by a State, local tions of the Board for fish habitat conserva- servation project; and government, or other non-Federal entity un- tion projects under subsection (b), subject to (2) after taking into consideration— less— the limitations under subsection (d), and (A) the extent to which the fish habitat (I) the Secretary determines that the based, to the maximum extent practicable, conservation project fulfills a purpose of this State, local government, or other non-Fed- on the criteria described in subsection (c)— title or a goal of the National Fish Habitat eral entity is obligated to undertake the (A) the Secretary shall approve, reject, or Action Plan; management of the real property being ac- reorder the priority of any fish habitat con- (B) the extent to which the fish habitat quired in accordance with the purposes of servation project recommended by the Board conservation project addresses the national this title; and that is not within a marine or estuarine priorities established by the Board; (II) the owner of the real property author- habitat; and (C) the availability of sufficient non-Fed- izes the State, local government, or other (B) the Secretary and the Secretary of eral funds to match Federal contributions non-Federal entity to acquire the real prop- Commerce shall jointly approve, reject, or for the fish habitat conservation project, as erty. reorder the priority of any fish habitat con- required by subsection (e); (ii) ADDITIONAL CONDITIONS.—Any real servation project recommended by the Board (D) the extent to which the fish habitat property interest acquired by a State, local that is within a marine or estuarine habitat. conservation project— government, or other non-Federal entity (2) FUNDING.—If a fish habitat conservation (i) increases recreational fishing opportu- pursuant to a fish habitat conservation project under paragraph (1) is approved by nities for the public; project shall be subject to terms and condi- the Secretary, or the Secretary and the Sec- (ii) will be carried out through a coopera- tions established by the Secretary providing retary of Commerce jointly, the Secretary, tive agreement among Federal, State, and for the long-term conservation and manage- or the Secretary and the Secretary of Com- local governments, Indian tribes, and private ment of the fish habitat and the fish and merce jointly, as applicable, shall use entities; wildlife dependent on that habitat. amounts made available to carry out this (iii) increases public access to land or (iii) PUBLIC ACCESS.— title to provide funds to carry out the fish water for fish and wildlife-dependent rec- (I) IN GENERAL.—Any acquisition of fee habitat conservation project. reational opportunities; title to real property by a State, local gov- (3) NOTIFICATION.—If the priority of any (iv) advances the conservation of fish and ernment, or non-Federal entity pursuant to fish habitat conservation project rec- wildlife species that have been identified by this title shall, where applicable and con- ommended by the Board under subsection (b) the States as species in greatest need of con- sistent with State laws and regulations, pro- is rejected or reordered by the Secretary, or servation; vide public access to that real property for the Secretary and the Secretary of Com- (v) where appropriate, advances the con- compatible fish and wildlife-dependent recre- merce jointly, the Secretary, or the Sec- servation of fish and fish habitats under the ation. retary and the Secretary of Commerce joint- Magnuson-Stevens Fishery Conservation and (II) PUBLIC ACCESS.—Public access to real ly, shall, not later than 180 days after the Management Act (16 U.S.C. 1801 et seq.), property described in subclause (I) shall be date of receipt of the recommendations, pro- other relevant Federal law, and State wild- closed only for purposes of protecting public vide to the Board, the appropriate Partner- life action plans; and safety, the property, or habitat. ship, and the appropriate congressional com- (vi) promotes strong and healthy fish habi- (iv) STATE AGENCY APPROVAL.— mittees a written statement of the Sec- tats such that desired biological commu- (I) IN GENERAL.—Any real property interest retary, or the Secretary and the Secretary of nities are able to persist and adapt; and acquired by a State, local government, or Commerce jointly, as applicable, detailing (E) the substantiality of the character and other non-Federal entity under this title the reasons why the Secretary or the Sec- design of the fish habitat conservation shall be approved by the applicable State retary and the Secretary of Commerce joint- project. agency in the State in which the fish habitat ly rejected or reordered the priority of the (d) LIMITATIONS.— conservation project is carried out. fish habitat conservation project. (1) REQUIREMENTS FOR EVALUATION.—No (II) ADMINISTRATION.—The Board shall not SEC. 306. NATIONAL FISH HABITAT CONSERVA- fish habitat conservation project may be rec- recommend, and the Secretary shall not pro- TION PARTNERSHIP PROGRAM. ommended by the Board under subsection (b) vide any funding under this title for, the ac- (a) ESTABLISHMENT.—Not later than 1 year or provided financial assistance under this quisition of any real property interest de- after the date of enactment of this Act, the title unless the fish habitat conservation scribed in subclause (I) that has not been ap- Director shall establish a program, to be project includes an evaluation plan de- proved by the applicable State agency. known as the ‘‘National Fish Habitat Con- signed— (v) VIOLATION.—If the State, local govern- servation Partnership Program’’, within the (A) to appropriately assess the biological, ment, or other non-Federal entity violates Division of Fish and Aquatic Conservation of ecological, or other results of the habitat any term or condition established by the the United States Fish and Wildlife Service. protection, restoration, or enhancement ac- Secretary under clause (ii), the Secretary (b) FUNCTIONS.—The National Fish Habitat tivities carried out using the assistance; may require the State, local government, or Conservation Partnership Program shall— (B) to reflect appropriate changes to the other non-Federal entity to refund all or (1) provide funding for the operational fish habitat conservation project if the as- part of any payments received under this needs of the Partnerships, including funding sessment substantiates that the fish habitat title, with interest on the payments as deter- for activities such as planning, project devel- conservation project objectives are not being mined appropriate by the Secretary. opment and implementation, coordination, met; (e) NON-FEDERAL CONTRIBUTIONS.— monitoring, evaluation, communication, and (C) to identify improvements to existing (1) IN GENERAL.—Except as provided in outreach; recreational fishing opportunities and the paragraph (2), no fish habitat conservation (2) provide funding to support the detail of overall economic benefits for the local com- project may be recommended by the Board State and tribal fish and wildlife staff to the munity of the fish habitat conservation under subsection (b) or provided financial as- Program; project; and sistance under this title unless at least 50 (3) facilitate the cooperative development (D) to require the submission to the Board percent of the cost of the fish habitat con- and approval of Partnerships; of a report describing the findings of the as- servation project will be funded with non- (4) assist the Secretary and the Board in sessment. Federal funds. carrying out this title;

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President of the Association of Fish and for implementation through Partnerships; (b) STATUS AND TRENDS REPORT.—Not later Wildlife Agencies, the consideration of fish (5) supporting and providing recommenda- than December 31, 2015, and every 5 years habitat conservation projects by the Board; tions for a national fish habitat assessment; thereafter, the Board shall submit to the ap- (8) provide support to the Director regard- (6) ensuring the availability of experts to propriate congressional committees a report ing the development and implementation of conduct scientifically based evaluation and describing the status of fish habitats in the the interagency operational plan under sub- reporting of the results of fish habitat con- United States. section (c); servation projects; and (c) REVISIONS.—Not later than December (9) coordinate technical and scientific re- (7) providing resources to secure State 31, 2015, and every 5 years thereafter, the porting as required by section 310; agency scientific and technical assistance to Board shall revise the goals and other ele- (10) facilitate the efficient use of resources support Partnerships, participants in fish ments of the National Fish Habitat Action and activities of Federal departments and habitat conservation projects, and the Plan, after consideration of each report re- agencies to carry out this title in an effi- Board. quired by subsection (b). cient manner; and SEC. 308. CONSERVATION OF FISH HABITAT ON SEC. 311. EFFECT OF TITLE. (11) provide support to the Board for na- FEDERAL LAND. (a) WATER RIGHTS.—Nothing in this title— tional communication and outreach efforts To the extent consistent with the mission (1) establishes any express or implied re- that promote public awareness of fish habi- and authority of the applicable department served water right in the United States for tat conservation. or agency, the head of each Federal depart- any purpose; (c) INTERAGENCY OPERATIONAL PLAN.—Not ment and agency may coordinate with the (2) affects any water right in existence on later than 1 year after the date of enactment Assistant Administrator and the Director to the date of enactment of this Act; of this Act, and every 5 years thereafter, the promote healthy fish populations and fish (3) preempts or affects any State water law Director, in cooperation with the Assistant habitats. or interstate compact governing water; or Administrator and the heads of other appro- (4) affects any Federal or State law in ex- priate Federal departments and agencies, SEC. 309. COORDINATION WITH STATES AND IN- DIAN TRIBES. istence on the date of enactment of this Act shall develop an interagency operational regarding water quality or water quantity. plan for the National Fish Habitat Conserva- The Secretary shall provide a notice to, and cooperate with, the appropriate State (b) AUTHORITY TO ACQUIRE WATER RIGHTS tion Partnership Program that describes— OR RIGHTS TO PROPERTY.—In carrying out (1) the functional, operational, technical, agency or tribal agency, as applicable, of each State and Indian tribe within the section 305(d)(2), only a State, local govern- scientific, and general staff, administrative, ment, or other non-Federal entity may ac- and material needs of the Program; and boundaries of which an activity is planned to be carried out pursuant to this title, includ- quire, in accordance with applicable State (2) any interagency agreements between or law, water rights or rights to property pursu- among Federal departments and agencies to ing notification, by not later than 30 days before the date on which the activity is im- ant to a fish habitat conservation projected address those needs. funded under this title. (d) STAFF AND SUPPORT.— plemented. (c) STATE AUTHORITY.—Nothing in this (1) DEPARTMENTS OF INTERIOR AND COM- SEC. 310. ACCOUNTABILITY AND REPORTING. title— MERCE.—The Director and the Assistant Ad- (a) REPORTING.— (1) affects the authority, jurisdiction, or ministrator shall each provide appropriate (1) IN GENERAL.—Not later than 2 years responsibility of a State to manage, control, staff to support the National Fish Habitat after the date of enactment of this Act, and or regulate fish and wildlife under the laws Conservation Partnership Program, subject every 2 years thereafter, the Board shall sub- and regulations of the State; or to the availability of funds under section 313. mit to the appropriate congressional com- (2) authorizes the Secretary to control or (2) STATES AND INDIAN TRIBES.—Each State mittees a report describing the progress of— regulate within a State the fishing or hunt- and Indian tribe is encouraged to provide (A) this title; and ing of fish and wildlife. staff to support the National Fish Habitat (B) the National Fish Habitat Action Plan. (d) EFFECT ON INDIAN TRIBES.—Nothing in Conservation Partnership Program. (2) CONTENTS.—Each report submitted this title abrogates, abridges, affects, modi- (3) DETAILEES AND CONTRACTORS.—The Na- under paragraph (1) shall include— fies, supersedes, or alters any right of an In- tional Fish Habitat Conservation Partner- (A) an estimate of the number of acres, dian tribe recognized by treaty or any other ship Program may accept staff or other ad- stream miles, or acre-feet (or other suitable means, including— ministrative support from other entities— measure) of fish habitat that was maintained (1) an agreement between the Indian tribe (A) through interagency details; or or improved under the National Fish Habitat and the United States; (B) as contractors. Action Plan by Federal, State, or local gov- (2) Federal law (including regulations); (4) QUALIFICATIONS.—The staff of the Na- ernments, Indian tribes, or other entities in (3) an Executive order; or tional Fish Habitat Conservation Partner- the United States during the 2-year period (4) a judicial decree. ship Program shall include members with ending on the date of submission of the re- (e) ADJUDICATION OF WATER RIGHTS.—Noth- education and experience relating to the port; ing in this title diminishes or affects the principles of fish, wildlife, and habitat con- (B) a description of the public access to ability of the Secretary to join an adjudica- servation. fish habitats established or improved under tion of rights to the use of water pursuant to (e) REPORTS.—Not less frequently than the National Fish Habitat Action Plan dur- subsection (a), (b), or (c) of section 208 of the once each year, the Director shall provide to ing that 2-year period; the Board a report describing the activities Department of Justice Appropriation Act, (C) a description of the opportunities for of the National Fish Habitat Conservation 1953 (43 U.S.C. 666). public recreational fishing established under Partnership Program. (f) DEPARTMENT OF COMMERCE AUTHOR- the National Fish Habitat Action Plan dur- ITY.—Nothing in this title affects the author- SEC. 307. TECHNICAL AND SCIENTIFIC ASSIST- ing that period; and ANCE. ity, jurisdiction, or responsibility of the De- (D) an assessment of the status of fish (a) IN GENERAL.—The Director, the Assist- partment of Commerce to manage, control, ant Administrator, and the Director of the habitat conservation projects carried out or regulate fish or fish habitats under the United States Geological Survey, in coordi- with funds provided under this title during Magnuson-Stevens Fishery Conservation and nation with the Forest Service and other ap- that period, disaggregated by year, includ- Management Act (16 U.S.C. 1801 et seq.). propriate Federal departments and agencies, ing— (g) EFFECT ON OTHER AUTHORITIES.— shall provide scientific and technical assist- (i) a description of the fish habitat con- (1) PRIVATE PROPERTY PROTECTION.—Noth- ance to the Partnerships, participants in fish servation projects recommended by the ing in this title permits the use of funds habitat conservation projects, and the Board under section 305(b); made available to carry out this title to ac- Board. (ii) a description of each fish habitat con- quire real property or a real property inter- (b) INCLUSIONS.—Scientific and technical servation project approved by the Secretary est without the written consent of each assistance provided pursuant to subsection under section 305(f), in order of priority for owner of the real property or real property (a) may include— funding; interest. (1) providing technical and scientific as- (iii) a justification for— (2) MITIGATION.—Nothing in this title per- sistance to States, Indian tribes, regions, (I) the approval of each fish habitat con- mits the use of funds made available to carry local communities, and nongovernmental or- servation project; and out this title for fish and wildlife mitigation ganizations in the development and imple- (II) the order of priority for funding of each purposes under— mentation of Partnerships; fish habitat conservation project; (A) the Federal Water Pollution Control (2) providing technical and scientific as- (iv) a justification for any rejection or re- Act (33 U.S.C. 1251 et seq.); sistance to Partnerships for habitat assess- ordering of the priority of each fish habitat (B) the Fish and Wildlife Coordination Act ment, strategic planning, and prioritization; conservation project recommended by the (16 U.S.C. 661 et seq.);

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(C) the Water Resources Development Act (c) DONATIONS.— ‘‘(B) has been altered at the direction of a of 1986 (Public Law 99–662; 100 Stat. 4082); or (1) IN GENERAL.—The Secretary may— practitioner who is acting for a legitimate (D) any other Federal law or court settle- (A) enter into an agreement with any orga- medical purpose in the usual course of pro- ment. nization described in section 501(c)(3) of the fessional practice.’’. (3) CLEAN WATER ACT.—Nothing in this title Internal Revenue Code of 1986 that is exempt (c) SENTENCING GUIDELINES.—Pursuant to affects or alters any provision of the Federal from taxation under section 501(a) of that its authority under section 994 of title 28, Water Pollution Control Act (33 U.S.C. 1251 Code to solicit private donations to carry United States Code, and in accordance with et seq.), including any definition in that Act. out the purposes of this title; and this subsection, the United States Sen- SEC. 312. NONAPPLICABILITY OF FEDERAL ADVI- (B) accept donations of funds, property, tencing Commission shall review its guide- SORY COMMITTEE ACT. and services to carry out the purposes of this lines and policy statements to ensure that The Federal Advisory Committee Act (5 title. the guidelines provide an appropriate addi- U.S.C. App.) shall not apply to— (2) TREATMENT.—A donation accepted tional penalty increase to the sentence oth- (1) the Board; or under this section— erwise applicable in Part D of the Guidelines (2) any Partnership. (A) shall be considered to be a gift or be- Manual if the defendant was convicted of a SEC. 313. FUNDING. quest to, or otherwise for the use of, the violation of section 401(i) of the Controlled (a) AUTHORIZATION OF APPROPRIATIONS.— United States; and Substances Act, as added by subsection (b) of (1) FISH HABITAT CONSERVATION PROJECTS.— (B) may be— this section. There is authorized to be appropriated to the (i) used directly by the Secretary; or Secretary $7,200,000 for each of fiscal years (ii) provided to another Federal depart- SA 3399. Mr. COATS submitted an 2014 through 2018 to provide funds for fish ment or agency through an interagency amendment intended to be proposed by habitat conservation projects approved agreement. him to the bill S. 2410, to authorize ap- under section 305(f), of which 5 percent shall propriations for fiscal year 2015 for SA 3398. Mrs. FEINSTEIN (for herself be made available for each fiscal year for military activities of the Department projects carried out by Indian tribes. and Mr. GRASSLEY) submitted an amendment intended to be proposed by of Defense, for military construction, (2) NATIONAL FISH HABITAT CONSERVATION and for defense activities of the De- PARTNERSHIP PROGRAM.— her to the bill S. 2410, to authorize ap- partment of Energy, to prescribe mili- (A) IN GENERAL.—There is authorized to be propriations for fiscal year 2015 for appropriated to the Secretary for each of fis- military activities of the Department tary personnel strengths for such fiscal cal years 2014 through 2018 for the National of Defense, for military construction, year, and for other purposes; which was Fish Habitat Conservation Partnership Pro- and for defense activities of the De- ordered to lie on the table; as follows: gram, and to carry out section 310, an partment of Energy, to prescribe mili- At the end of subtitle B of title VIII, add amount equal to 5 percent of the amount ap- the following: propriated for the applicable fiscal year pur- tary personnel strengths for such fiscal year, and for other purposes; which was SEC. 830. INCREASED MICRO-PURCHASE THRESH- suant to paragraph (1). OLD FOR PURCHASES BY COMBAT- (B) REQUIRED TRANSFERS.—The Secretary ordered to lie on the table; as follows: ANT COMMANDS IN SUPPORT OF OP- shall annually transfer to other Federal de- At the end of subtitle H of title X, insert ERATIONS OVERSEAS. partments and agencies such percentage of the following: (a) INCREASED MICRO-PURCHASE THRESH- the amounts made available pursuant to sub- SEC. 1087. SAVING KIDS FROM DANGEROUS OLD.—In the case of any purchase by a com- paragraph (A) as is required to support par- DRUGS ACT. batant command in support of an operation ticipation by those departments and agen- (a) SHORT TITLE.—This section may be overseas, the micro-purchase threshold for cies in the National Fish Habitat Conserva- cited as the ‘‘Saving Kids From Dangerous purposes of section 1902 of title 41, United tion Partnership Program pursuant to the Drugs Act of 2014’’. States Code, shall be deemed to be $10,000 interagency operational plan under section (b) OFFENSES INVOLVING CONTROLLED SUB- rather than the amount otherwise provided 306(c). STANCES MARKETED TO MINORS.—Section 401 for in subsection (a) of such section. (3) TECHNICAL AND SCIENTIFIC ASSISTANCE.— of the Controlled Substances Act (21 U.S.C. (b) OTHER REQUIREMENTS.—In applying sub- There are authorized to be appropriated for 841) is amended by adding at the end the fol- sections (d) and (e) of section 1902 of title 41, each of fiscal years 2014 through 2018 to carry lowing: United States Code, to purchases described out, and provide technical and scientific as- ‘‘(i) OFFENSES INVOLVING CONTROLLED SUB- in subsection (a), the purchases covered by sistance under, section 307— STANCES MARKETED TO MINORS.— such subsection (d) or (e) shall be deemed to (A) $500,000 to the Secretary for use by the ‘‘(1) UNLAWFUL ACT.—Except as authorized be purchases not greater than $10,000 rather United States Fish and Wildlife Service; under this title, including paragraph (3), it than the amount otherwise provided for in (B) $500,000 to the Assistant Administrator shall be unlawful for any person at least 18 such subsection (d) or (e). for use by the National Oceanic and Atmos- years of age to— pheric Administration; and ‘‘(A) knowingly or intentionally manufac- SA 3400. Mr. COATS submitted an (C) $500,000 to the Secretary for use by the ture or create a controlled substance listed amendment intended to be proposed by United States Geological Survey. in schedule I or II that is— him to the bill S. 2410, to authorize ap- (4) PLANNING AND ADMINISTRATIVE EX- ‘‘(i) combined with a beverage or candy propriations for fiscal year 2015 for PENSES.—There is authorized to be appro- product; priated to the Secretary for each of fiscal ‘‘(ii) marketed or packaged to appear simi- military activities of the Department years 2014 through 2018 for use by the Board, lar to a beverage or candy product; or of Defense, for military construction, the Director, and the Assistant Adminis- ‘‘(iii) modified by flavoring or coloring; and for defense activities of the De- trator for planning and administrative ex- and partment of Energy, to prescribe mili- penses an amount equal to 3 percent of the ‘‘(B) know, or have reasonable cause to be- tary personnel strengths for such fiscal amount appropriated for the applicable fiscal lieve, that the combined, marketed, pack- year, and for other purposes; which was year pursuant to paragraph (1). aged, or modified controlled substance will ordered to lie on the table; as follows: (b) AGREEMENTS AND GRANTS.—The Sec- be distributed, dispensed, or sold to a person retary may— under 18 years of age. At the end of subtitle D of title XII, add (1) on the recommendation of the Board, ‘‘(2) PENALTIES.—Except as provided in sec- the following: and notwithstanding sections 6304 and 6305 of tion 418, 419, or 420, any person who violates SEC. 1268. AUTHORITY FOR TAIWAN C–130 title 31, United States Code, and the Federal paragraph (1) of this subsection shall be sub- FLIGHTS BETWEEN GUAM AND TAI- Financial Assistance Management Improve- ject to— WAN. ment Act of 1999 (31 U.S.C. 6101 note; Public ‘‘(A) an additional term of imprisonment of Notwithstanding any other provision of Law 106–107), enter into a grant agreement, not more than 10 years for a first offense in- law, Taiwan C–130 aircraft are authorized to cooperative agreement, or contract with a volving the same controlled substance and fly between Taiwan and Guam. Partnership or other entity for a fish habitat schedule; and conservation project or restoration or en- ‘‘(B) an additional term of imprisonment of SA 3401. Mr. COATS submitted an hancement project; not more than 20 years for a second or subse- amendment intended to be proposed by (2) apply for, accept, and use a grant from quent offense involving the same controlled him to the bill S. 2410, to authorize ap- any individual or entity to carry out the substance and schedule. propriations for fiscal year 2015 for purposes of this title; and ‘‘(3) EXCEPTIONS.—Paragraph (1) shall not military activities of the Department (3) make funds available to any Federal de- apply to any controlled substance that— of Defense, for military construction, partment or agency for use by that depart- ‘‘(A) has been approved by the Secretary and for defense activities of the De- ment or agency to provide grants for any under section 505 of the Federal Food, Drug, fish habitat protection project, restoration and Cosmetic Act (21 U.S.C. 355), if the con- partment of Energy, to prescribe mili- project, or enhancement project that the tents, marketing, and packaging of the con- tary personnel strengths for such fiscal Secretary determines to be consistent with trolled substance have not been altered from year, and for other purposes; which was this title. the form approved by the Secretary; or ordered to lie on the table; as follows:

VerDate Mar 15 2010 05:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.051 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4176 CONGRESSIONAL RECORD — SENATE June 26, 2014 At the end of subtitle A of title XII, add and for defense activities of the De- and for defense activities of the De- the following: partment of Energy, to prescribe mili- partment of Energy, to prescribe mili- SEC. 1213. AUTHORITY TO TRANSFER VESSELS TO tary personnel strengths for such fiscal tary personnel strengths for such fiscal TAIWAN. year, and for other purposes; which was year, and for other purposes; which was Notwithstanding subsection (a) of section 7307 of title 10, United States Code, vessels ordered to lie on the table; as follows: ordered to lie on the table; as follows: otherwise subject to restrictions under such At the end of subtitle F of title III, add the At the end of subtitle C of title VII, add subsection may be disposed of to Taiwan following: the following: without regard to such restrictions on or be- SEC. 854. MANAGEMENT OF MILITARY AIRSPACE. SEC. 737. STUDY ON REDUCING STIGMA AND IM- fore December 31, 2019. (a) INFORMATION ON MILITARY AIRSPACE.— PROVING TREATMENT OF POST- (1) IN GENERAL.—The Secretary of Defense TRAUMATIC STRESS DISORDER shall, to the maximum extent possible, work AMONG MEMBERS OF THE ARMED SA 3402. Mr. WHITEHOUSE sub- FORCES AND VETERANS. to ensure that publicly available Internet mitted an amendment intended to be (a) STUDY.— websites or other information sources that proposed by him to the bill S. 2410, to (1) IN GENERAL.—The Secretary of Defense authorize appropriations for fiscal year enable members of the public to monitor the and the Secretary of Veterans Affairs shall use by the Department of Defense of new 2015 for military activities of the De- jointly conduct a study on reducing the stig- military airspace include sufficient informa- ma and improving the treatment of post- partment of Defense, for military con- tion to allow the public to obtain reasonable struction, and for defense activities of traumatic stress disorder among members of information regarding Department use of the the Armed Forces and veterans. the Department of Energy, to prescribe airspace. (2) CONSULTATION.—In conducting the military personnel strengths for such (2) REASONABLE INFORMATION.—For pur- study required by paragraph (1), the Sec- fiscal year, and for other purposes; poses of paragraph (1), the term ‘‘reasonable retary of Defense and the Secretary of Vet- which was ordered to lie on the table; information’’ means, at a minimum— erans Affairs shall consult with individuals as follows: (A) a schedule of current and future with relevant experience relating to post- planned uses of new military airspace; At the end of subtitle D of title XVI, add traumatic stress disorder, the treatment of (B) a list of restrictions corresponding to post-traumatic stress disorder, and the im- the following: different uses of the airspace, including a SEC. 1647. PLAN FOR CONTINUING EDUCATION pact of post-traumatic stress disorder on clear representation of what specific seg- members of the Armed Forces, veterans, and ON CYBER MATTERS. ments of new military airspace are scheduled (a) PLAN REQUIRED.—Not later than 360 their families, including the following: to be used on specific dates; and (A) Representatives of military service or- days after the date of the enactment of this (C) contact information and procedures for Act, the Secretary of Defense, in cooperation ganizations. interested parties to inquire about scheduled (B) Representatives of veterans service or- with the Secretaries of the military depart- uses of new military airspace, receive gen- ments, shall submit to the congressional de- ganizations. eral information about new military air- (C) Health professionals with experience in fense committees a plan for the continuing space, and request, including by electronic education of officers and enlisted members of treating members of the Armed Forces and means, modifications to military use related veterans with mental illness, including those the Armed Forces relating to cyber security to economic activity or other priorities. and cyber activities of the Department of health professionals who work for the Fed- (3) CREATION OF DOD MANAGED INTERNET eral Government and those who do not. Defense. WEBSITE APPLICATION.—Nothing in this sub- (b) ELEMENTS.—The plan submitted under (3) ELEMENTS.—In conducting the study re- section shall be construed as precluding the quired by paragraph (1), the Secretary of De- subsection (a) shall include the following: Department from creating its own Internet (1) Requirements for provision of basic fense and the Secretary of Veterans Affairs website application to improve communica- shall assess the following: cyber threat education for all members of tion with the general public over the use of the Armed Forces. (A) The feasibility and advisability of new military airspace. strategies to improve the treatment of the (2) Requirements for postgraduate edu- (b) MEMORANDA OF UNDERSTANDING.—The full spectrum of post-traumatic stress dis- cation, joint professional military education, Secretary of Defense shall prioritize reach- order among members of the Armed Forces and strategic war gaming for cyber strategic ing memoranda of understanding with pri- and veterans. and operational leadership. vate enterprises that utilize new military (B) The feasibility and advisability of (3) Definitions of military occupational airspace as part of their regular business strategies to diminish the stigma attached specialties and rating specialties for each model, with the goal of minimizing disrup- to post-traumatic stress disorder among military department along with the cor- tion to affected enterprises while also pro- members of the Armed Forces and veterans. responding level of cyber training, edu- tecting the national security needs of the (C) The impact of the term ‘‘disorder’’ on cation, qualifications, or certifications re- Department. the stigma attached to post-traumatic stress quired for each specialty. (c) PERIODIC REVIEW OF MILITARY AIR- disorder among members of the Armed SPACE.— Forces and veterans, including the impact of SA 3403. Mr. WHITEHOUSE sub- (1) IN GENERAL.—Every five years after the mitted an amendment intended to be creation of new military airspace or the dropping the term ‘‘disorder’’, when medi- proposed by him to the bill S. 2410, to changing of current military airspace, the cally appropriate, when referring to post- authorize appropriations for fiscal year Department of Defense shall conduct a re- traumatic stress. view of the airspace to determine if the (D) Whether using the term ‘‘disorder’’ is 2015 for military activities of the De- the most accurate way to describe post-trau- partment of Defense, for military con- amount of military airspace is still in the in- terests of national security. matic stress disorder in instances in which struction, and for defense activities of members of the Armed Forces and veterans (2) SCOPE.—The review conducted under the Department of Energy, to prescribe paragraph (1) shall include— have experienced traumatic events but have military personnel strengths for such (A) an examination of what units use the not been formally diagnosed with post-trau- fiscal year, and for other purposes; space for operations or training; matic stress disorder. which was ordered to lie on the table; (B) an assessment of how the number and (E) Whether there is a need to update the as follows: type of those units has changed in the pre- next version of the ‘‘VA/DOD Clinical Prac- vious five years; and tice Guideline for Management of Post-Trau- At the end of subtitle H of title X, add the matic Stress’’, published by the Department following: (C) a review of changes in military instal- lations that use the airspace and how those of Defense and the Department of Veterans SEC. 1087. MAKING PERMANENT EXTENDED PE- Affairs after the date of the enactment of RIOD OF PROTECTIONS FOR MEM- changes impact the use of the airspace. (d) NEW MILITARY AIRSPACE DEFINED.—In this Act. BERS OF UNIFORMED SERVICES RE- (F) Whether there is a need to update in- LATING TO MORTGAGES, MORTGAGE this section, the term ‘‘new military air- FORECLOSURE, AND EVICTION. space’’ means— formation provided to members of the Armed Section 710(d) of the Honoring America’s (1) military airspace designated after the Forces and veterans, including information Veterans and Caring for Camp Lejeune Fami- date of the enactment of this Act; and on Internet websites of the Department of lies Act of 2012 (Public Law 112–154; 126 Stat. (2) military airspace the boundaries of Defense or the Department of Veterans Af- 1208) is amended by striking paragraphs (1) which are modified after the date of the en- fairs, on post-traumatic stress disorder to re- and (3). actment of this Act. duce the stigma and more accurately de- scribe the medical conditions for which SA 3404. Ms. HEITKAMP submitted SA 3405. Ms. HEITKAMP submitted members of the Armed Forces and veterans an amendment intended to be proposed an amendment intended to be proposed are receiving treatment. (b) REPORT.—Not later than 180 days after by her to the bill S. 2410, to authorize by her to the bill S. 2410, to authorize the date of the enactment of this Act, the appropriations for fiscal year 2015 for appropriations for fiscal year 2015 for Secretary of Defense and the Secretary of military activities of the Department military activities of the Department Veterans Affairs shall jointly submit to the of Defense, for military construction, of Defense, for military construction, appropriate committees of Congress a report

VerDate Mar 15 2010 05:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.060 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 26, 2014 CONGRESSIONAL RECORD — SENATE S4177 on the results of the study required by sub- consideration, to the City of Norwalk, Cali- sion under section 674(f) of the National De- section (a), including recommendations for fornia (in this section referred to as the fense Authorization Act for Fiscal Year 2013 any actions that the Department of Defense ‘‘City’’), all right, title, and interest of the (Public Law 112–239; 126 Stat. 1792). and the Department of Veterans Affairs can United States in and to the real property, in- (b) DEFINITIONS.—In this section: take to reduce the stigma and improve the cluding any improvements thereon, con- (1) The term ‘‘benefits’’ means provisions treatment of post-traumatic stress disorder sisting of approximately 15 acres at the of law providing eligibility for benefits, in- among members of the Armed Forces and former Norwalk Defense Fuel Supply Point cluding medical and dental care, cost-shar- veterans. for public purposes. ing for prescription drug copayments under (c) DEFINITIONS.—In this section: (b) APPLICATION OF ENVIRONMENTAL the TRICARE program, educational assist- (1) APPROPRIATE COMMITTEES OF CON- LAWS.—Nothing in this section shall affect ance and related benefits, and commissary GRESS.—The term ‘‘appropriate committees the applicability to the Department of the and exchange benefits and related benefits of Congress’’ means— Air Force of Federal, State, or local environ- and activities. (A) the Committee on Armed Services, the mental laws and regulations, including the (2) The term ‘‘compensation’’ means provi- Committee on Veterans’ Affairs, and the Comprehensive Environmental Response, sions of law providing eligibility for and the Subcommittee on Defense of the Committee Compensation, and Liability Act of 1980 (42 computation of military compensation, in- on Appropriations of the Senate; and U.S.C. 9601 et seq.). cluding basic pay, special and incentive pays (B) the Committee on Armed Services, the (c) PAYMENT OF COST OF CONVEYANCE.—- and allowances, basic allowance for housing, Committee on Veterans’ Affairs, and the (1) PAYMENT REQUIRED.—The Secretary of and basic allowance for subsistence. Subcommittee on Defense of the Committee the Air Force shall require the City to cover on Appropriations of the House of Represent- costs to be incurred by the Secretary, or to SA 3409. Mr. SCHATZ submitted an atives. reimburse the Secretary for such costs to amendment intended to be proposed by (2) VETERANS SERVICE ORGANIZATION.—The carry out the conveyance under subsection him to the bill S. 2410, to authorize ap- term ‘‘veterans service organization’’ means (a), including survey costs, costs for environ- an organization recognized by the Secretary propriations for fiscal year 2015 for mental documentation related to the con- military activities of the Department for the representation of veterans under sec- veyance, and any other administrative costs tion 5902 of title 38, United States Code. related to the conveyance. If amounts paid of Defense, for military construction, to the Secretary in advance exceed the ac- and for defense activities of the De- SA 3406. Mrs. FEINSTEIN (for herself tual costs incurred by the Secretary to carry partment of Energy, to prescribe mili- and Mrs. BOXER) submitted an amend- out the conveyance, the Secretary shall re- tary personnel strengths for such fiscal ment intended to be proposed by her to fund the excess amount to the City. year, and for other purposes; which was the bill S. 2410, to authorize appropria- (2) TREATMENT OF AMOUNTS RECEIVED.— ordered to lie on the table; as follows: Amounts received as reimbursement under tions for fiscal year 2015 for military At the end of subtitle B of title III, add the paragraph (1) shall be credited to the fund or activities of the Department of De- following: fense, for military construction, and account that was used to cover those costs incurred by the Secretary in carrying out SEC. 317. REDESIGNATION OF THE PU‘U PA for defense activities of the Depart- LOCAL TRAINING AREA, HAWAII. the conveyance or, if the period of avail- (a) ENVIRONMENTAL RESTORATION ment of Energy, to prescribe military ability for obligations for that appropriation PROJECT.—To provide necessary response ac- personnel strengths for such fiscal has expired, to the appropriations or fund tions in a fiscally responsible manner that year, and for other purposes; which was that is currently available to the Secretary strengthens environmental and cultural pro- ordered to lie on the table; as follows: for the same purpose. Amounts so credited tections, the environmental restoration On page 607, strike line 21 and all that fol- shall be merged with amounts in such fund project at the Pu‘u Pa Local Training Area, lows through ‘‘Not later than’’ on line 24, or account, and shall be available for the Hawaii, shall be redesignated from the Mili- and insert the following: same purposes, and subject to the same con- tary Munitions Response Program to the ditions and limitations, as amounts in such SEC. 1625. SELECTION OF CONTRACTORS FOR Formerly Used Defense Sites Program. EVOLVED EXPENDABLE LAUNCH VE- fund or account. (b) TRANSFER OF FUNDS.—Funds authorized HICLE PROGRAM. (d) DESCRIPTION OF PROPERTY.—The exact (a) REQUIREMENT TO CONSIDER GOVERN- acreage and legal description of the property for the environment restoration project at MENT-PROVIDED COMPETITIVE ADVANTAGE.—In to be conveyed under subsection (a) shall be the Pu‘u Pa Local Training Area may be evaluating any offers submitted to the De- determined by a survey satisfactory to the transferred to the Environmental Restora- partment of Defense in response to a solici- Secretary of the Air Force. tion Account, Formerly Used Defense Sites tation for offers for the Evolved Expendable (e) ADDITIONAL TERMS.—The Secretary of account in order to carry out the environ- Launch Vehicle program (or any successor to the Air Force may require such additional mental restoration functions of the Sec- that program), the Secretary of Defense terms and conditions in connection with the retary of Defense and the Secretaries of the shall consider any situation in which the conveyance under subsection (a) as the Sec- military departments. Any funds so trans- cost of production or manufacturing oper- retary considers appropriate to protect the ferred shall remain available until expended. ations, including systems and factory engi- interests of the United States. (c) EFFECT ON AUTHORIZATION AMOUNTS.—A neering, program management, standard in- transfer made between accounts under the tegration and testing, launch and range ac- SA 3408. Mr. SCHATZ submitted an authority of this section shall be deemed to tivities, infrastructure, and parts obsoles- amendment intended to be proposed by increase the amount authorized for the ac- count to which the amount is transferred by cence mitigation, or certification-related ac- him to the bill S. 2410, to authorize ap- tivities, is not fully borne by the offeror for an amount equal to the amount transferred. such contract because of government-pro- propriations for fiscal year 2015 for (d) SOURCE OF DEPARTMENT OF DEFENSE vided funds. military activities of the Department FUNDS.—Pursuant to section 2703(c) of title (b) REPORT ON RELIANCE OF EVOLVED EX- of Defense, for military construction, 10, United States Code, the Secretary may PENDABLE LAUNCH VEHICLE PROGRAM ON FOR- and for defense activities of the De- use funds available in the Environmental EIGN MANUFACTURERS.—Not later than partment of Energy, to prescribe mili- Restoration, Formerly Used Defense Sites tary personnel strengths for such fiscal account of the Department of Defense for en- SA 3407. Mrs. FEINSTEIN (for herself year, and for other purposes; which was vironmental restoration projects conducted and Mrs. BOXER) submitted an amend- for or by the Secretary under subsection (a). ordered to lie on the table; as follows: ment intended to be proposed by her to (e) NO EFFECT ON COMPLIANCE WITH ENVI- the bill S. 2410, to authorize appropria- Strike section 601. RONMENTAL LAWS.—Nothing in this section tions for fiscal year 2015 for military Strike section 603. affects or limits the application of or obliga- activities of the Department of De- Strike section 702. tion to comply with any environmental law, including the Comprehensive Environmental At the end of subtitle A of title VI, add the fense, for military construction, and Response, Compensation, and Liability Act following: for defense activities of the Depart- of 1980 (42 U.S.C. 9601 et. seq) and the Solid ment of Energy, to prescribe military SEC. 605. PROHIBITION ON CHANGES TO MILI- Waste Disposal Act (42 U.S.C. 6901 et seq.). TARY COMPENSATION AND BENE- personnel strengths for such fiscal FITS IN FISCAL YEAR 2015 PENDING year, and for other purposes; which was THE REPORT OF THE MILITARY SA 3410. Mr. SCHATZ submitted an ordered to lie on the table; as follows: COMPENSATION AND RETIREMENT amendment intended to be proposed by At the end of subtitle D of title XXVIII, MODERNIZATION COMMISSION. . him to the bill S. 2410, to authorize ap- add the following: (a) PROHIBITION.—Notwithstanding any propriations for fiscal year 2015 for other provision of law, the Department of SEC. 2835. LAND CONVEYANCE, FORMER AIR military activities of the Department Defense is prohibited from making any FORCE NORWALK DEFENSE FUEL of Defense, for military construction, SUPPLY POINT, NORWALK, CALI- changes to military compensation and bene- FORNIA. fits during fiscal year 2015 until after the and for defense activities of the De- (a) CONVEYANCE AUTHORIZED.—The Sec- date of the report of the Military Compensa- partment of Energy, to prescribe mili- retary of the Air Force may convey, without tion and Retirement Modernization Commis- tary personnel strengths for such fiscal

VerDate Mar 15 2010 05:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.052 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4178 CONGRESSIONAL RECORD — SENATE June 26, 2014 year, and for other purposes; which was (2) ADDITIONAL MATERIALS.—If additional (2) receive oral testimony of individuals ordered to lie on the table; as follows: materials are necessary for the review, the who personally experienced discrimination appropriate discharge board— and discharge because of the actual or per- At the end of subtitle H of title V, add the (A) may request additional information ceived sexual orientation of the individual so following: from the covered member or the member’s that such testimony may serve as an official SEC. 582. REVIEW OF DISCHARGE CHARACTER- representative, in writing, and specifically record of these discriminatory policies and IZATION. detailing what is being requested; and their impact on American lives. (a) IN GENERAL.—In accordance with this (B) shall be responsible for obtaining a (j) DEFINITIONS.—In this section: section, the appropriate discharge boards— copy of the necessary files of the covered (1) The term ‘‘appropriate discharge board’’ (1) shall review the discharge characteriza- member from the member, or when applica- means the boards for correction of military tion of covered members at the request of ble, from the Department of Defense. records under section 1552 of title 10, United the covered member; and (e) CHANGE OF CHARACTERIZATION.—The ap- States Code, or the discharge review boards (2) if such characterization is any charac- propriate discharge board shall change the under section 1553 of such title, as the case terization except honorable, may change discharge characterization of a covered may be. such characterization to honorable. member to honorable if such change is deter- (2) The term ‘‘covered member’’ means any mined to be appropriate after a review is (b) CRITERIA.—In changing the discharge former member of the Armed Forces who was characterization of a covered member to conducted under subsection (d) pursuant to discharged from the Armed Forces because honorable under subsection (a)(2), the Sec- the criteria under subsection (b). A covered of the sexual orientation of the member. member, or the member’s representative, retary of Defense shall ensure that such (3) The term ‘‘discharge characterization’’ may appeal a decision by the appropriate dis- changes are carried out consistently and uni- means the characterization under which a charge board to not change the discharge formly across the military departments member of the Armed Forces is discharged or characterization by using the regular ap- using the following criteria: released, including ‘‘dishonorable’’, ‘‘gen- peals process of the board. eral’’, ‘‘other than honorable’’, and ‘‘honor- (1) The original discharge must be based on (f) CHANGE OF RECORDS.—For each covered able’’. Don’t Ask Don’t Tell (in this Act referred to member whose discharge characterization is (4) The term ‘‘Don’t Ask Don’t Tell’’ means as ‘‘DADT’’) or a similar policy in place prior changed under subsection (e), or for each to the enactment of DADT. covered member who was honorably dis- section 654 of title 10, United States Code, as (2) Such discharge characterization shall charged but whose DD–214 form reflects the in effect before such section was repealed be so changed if, with respect to the original sexual orientation of the member, the Sec- pursuant to the Don’t Ask, Don’t Tell Repeal discharge, there were no aggravating cir- retary of Defense shall reissue to the mem- Act of 2010 (Public Law 111–321). cumstances, such as misconduct, that would ber or the member’s representative a revised (5) The term ‘‘representative’’ means the have independently led to a discharge char- DD–214 form that reflects the following: surviving spouse, next of kin, or legal rep- acterization that was any characterization (1) For each covered member discharged, resentative of a covered member. except honorable. For purposes of this para- the Separation Code, Reentry Code, Nar- graph, such aggravating circumstances may rative Code, and Separation Authority shall SA 3411. Mr. WHITEHOUSE sub- not include— not reflect the sexual orientation of the mitted an amendment intended to be (A) an offense under section 925 of title 10, member and shall be placed under secretarial proposed by him to the bill S. 2410, to United States Code (article 125 of the Uni- authority. Any other similar indication of authorize appropriations for fiscal year form Code of Military Justice), committed the sexual orientation or reason for dis- 2015 for military activities of the De- by a covered member against a person of the charge shall be removed or changed accord- partment of Defense, for military con- same sex with the consent of such person; or ingly to be consistent with this paragraph. struction, and for defense activities of (B) statements, consensual sexual conduct, (2) For each covered member whose dis- the Department of Energy, to prescribe or consensual acts relating to sexual orienta- charge occurred prior to the creation of gen- tion or identity, or the disclosure of such eral secretarial authority, the sections of the military personnel strengths for such statements, conduct, or acts, that were pro- DD–214 form referred to paragraph (1) shall fiscal year, and for other purposes; hibited at the time of discharge but after the be changed to similarly reflect a universal which was ordered to lie on the table; date of such discharge became permitted. authority with codes, authorities, and lan- as follows: (3) When requesting a review, a covered guage applicable at the time of discharge. At the end of subtitle B of title III, add the member, or the member’s representative, (g) STATUS.— following: shall be required to provide either— (1) IN GENERAL.—Each covered member SEC. 317. REPORT ON CLIMATE CHANGE ADAPTA- (A) documents consisting of— whose discharge characterization is changed TION PLANNING. (i) a copy of the DD–214 form of the mem- under subsection (e) shall be treated without (a) IN GENERAL.—Not later than 90 days ber; regard to the original discharge character- after the date of the enactment of this Act, (ii) a personal affidavit of the cir- ization of the member, including for pur- the Secretary of Defense shall, in consulta- cumstances surrounding the discharge; and poses of— tion with the Secretaries of the military de- (iii) any relevant records pertaining to the (A) benefits provided by the Federal Gov- partments, submit to the congressional de- discharge; or ernment to an individual by reason of service fense committees a report on the progress of (B) an affidavit certifying that the mem- in the Armed Forces; and the Department of Defense in developing a ber, or the member’s representative, does not (B) all recognitions and honors that the project plan and milestones for climate have the documents specified in subpara- Secretary of Defense provides to members of change adaption. graph (A). the Armed Forces. (b) ELEMENTS.—The report required by sub- (4) If a covered member provides an affi- (2) REINSTATEMENT.—In carrying out para- section (a) shall address the following: davit described in subparagraph (B) of para- graph (1)(B), the Secretary shall reinstate all (1) Completion of climate change vulner- graph (3)— recognitions and honors of a covered member ability assessments at military installa- (A) the appropriate discharge board shall whose discharge characterization is changed tions. make every effort to locate the documents under subsection (e) that the Secretary with- (2) Completion of data analysis and collec- specified in subparagraph (A) of such para- held because of the original discharge char- tion through site surveys. graph within the records of the Department acterization of the member. (3) Measures the Department has taken to (h) REPORTS.— of Defense; and review and clarify relevant processes and cri- (1) REVIEW.—The Secretary of Defense (B) the absence of such documents may not teria for construction project approval to en- shall conduct a review of the consistency and be considered a reason to deny a change of sure that climate change adaptation is con- uniformity of the reviews conducted under the discharge characterization under sub- sidered as beneficial to the mission and read- this section. section (a)(2). iness of the Department and for the protec- (2) REPORTS.—Not later than 270 days after tion of infrastructure and facilities. (c) REQUEST FOR REVIEW.—The appropriate the date of the enactment of this Act, and discharge board shall ensure the mechanism each year thereafter for a four-year period, SA 3412. Mrs. FEINSTEIN (for her- by which covered members, or their rep- the Secretary shall submit to Congress a re- resentative, may request to have the dis- port on the reviews under paragraph (1). self, Mr. LEE, Mr. UDALL of New Mex- charge characterization of the covered mem- Such reports shall include any comments or ico, Mr. PAUL, Mr. WHITEHOUSE, Mr. ber reviewed under this section is simple and recommendations for continued actions. CRUZ, Mr. COONS, Ms. COLLINS, Mr. straightforward. (i) HISTORICAL REVIEW.—The Secretary of FRANKEN, Mr. ROBERTS, Mr. HEINRICH, (d) REVIEW.— each military department shall ensure that Mr. ENZI, Mr. ROCKEFELLER, Mr. KIRK, (1) IN GENERAL.—After a request has been oral historians of the department— and Ms. KLOBUCHAR) submitted an made under subsection (c), the appropriate (1) review the facts and circumstances sur- amendment intended to be proposed by discharge board shall review all relevant rounding the estimated 100,000 members of laws, records of oral testimony previously the Armed Forces discharged from the her to the bill S. 2410, to authorize ap- taken, service records, or any other relevant Armed Forces between World War II and Sep- propriations for fiscal year 2015 for information regarding the discharge charac- tember 2011 because of the sexual orientation military activities of the Department terization of the covered member. of the member; and of Defense, for military construction,

VerDate Mar 15 2010 05:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.052 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 26, 2014 CONGRESSIONAL RECORD — SENATE S4179 and for defense activities of the De- east Asian Nations and with governments (F) explore additional ways to leverage the partment of Energy, to prescribe mili- across the Pacific Islands; highly-effective nontraditional military and tary personnel strengths for such fiscal (3) throughout the Asia-Pacific, a strong civilian academic partnership and capacity- year, and for other purposes; which was defense posture provides the foundation for building programs at the Asia-Pacific Center United States national security as well as for Strategic Studies and further develop the ordered to lie on the table; as follows: for United States diplomatic, economic, hu- Center’s alliances with its Defense Security At the end of subtitle D of title X, add the manitarian, and people-to-people engage- Cooperation Agency sister organizations, the following: ment in the region; George C. Marshall European Center for Se- SEC. ll. PROHIBITION ON THE INDEFINITE DE- (4) a regional defense posture must there- curity Studies, the Africa Center for Stra- TENTION OF CITIZENS AND LAWFUL fore include a balance of traditional and non- tegic Studies, the William J. Perry Center PERMANENT RESIDENTS. traditional military engagement in order to for Hemispheric Defense Studies, and the Section 4001 of title 18, United States Code, make use of the capabilities and capacities Near East South Asia Center for Strategic is amended— of United States partners and allies in the Studies. (1) by striking subsection (a) and inserting region with fewer resources; the following new subsection (a): (5) traditional military engagement is es- SA 3415. Ms. KLOBUCHAR (for her- ‘‘(a) No citizen shall be imprisoned or oth- pecially important in areas such as non- self and Mr. ENZI) submitted an amend- erwise detained by the United States except proliferation, ballistic and cruise missile de- consistent with the Constitution and pursu- fense, maritime security assistance, and ment intended to be proposed by her to ant to an act of Congress that expressly au- combined military exercises; the bill S. 2410, to authorize appropria- thorizes such detention.’’; (6) nontraditional defense engagement tions for fiscal year 2015 for military (2) by redesignating subsection (b) as sub- should include collaboration on combating activities of the Department of De- section (c); and emerging infectious diseases, responding to fense, for military construction, and (3) by inserting after subsection (a) the fol- humanitarian disasters and extreme weather for defense activities of the Depart- lowing: events, effectively addressing the security ment of Energy, to prescribe military challenges posed by human and drug traf- ‘‘(b)(1) A general authorization to use mili- personnel strengths for such fiscal tary force, a declaration of war, or any simi- ficking, civilian educational partnerships lar authority, on its own, shall not be con- and foreign language learning, and joint re- year, and for other purposes; which was strued to authorize the detention without search endeavors devoted to meeting the re- ordered to lie on the table; as follows: charge or trial of a citizen or lawful perma- gion’s energy needs; At the appropriate place, insert the fol- nent resident of the United States appre- (7) while the Department of Defense is tra- lowing: hended in the United States. ditionally the United States Government SEC. ll. GRANTS FOR EMERGENCY MEDICAL ‘‘(2) Paragraph (1) applies to an authoriza- agency with the resources and capacity to SERVICES PERSONNEL TRAINING tion to use military force, a declaration of lead engagement throughout the region, FOR VETERANS. war, or any similar authority enacted before, whenever and wherever possible it should Section 330J(c) of the Public Health Serv- on, or after the date of the enactment of the work closely with interagency partners to ice Act (42 U.S.C. 254c–15(c)) is amended— Carl Levin National Defense Authorization accomplish shared foreign policy objectives (1) in paragraph (7), by striking ‘‘and’’ at Act for Fiscal Year 2015. and should encourage those interagency the end; ‘‘(3) This section shall not be construed to partners to lead when appropriate in order to (2) in paragraph (8), by striking the period authorize the detention of a citizen of the better achieve United States objectives in and inserting ‘‘; or’’; and United States, a lawful permanent resident the Asia Pacific; (3) by adding at the end the following: of the United States, or any other person (8) regionally-focused security studies or- ‘‘(9) furnish coursework and training to who is apprehended in the United States.’’. ganizations managed by the Defense Secu- veterans to enable such veterans to satisfy rity Cooperation Agency, such as the Asia- emergency medical services personnel cer- SA 3413. Mrs. FEINSTEIN submitted Pacific Center for Security Studies estab- tification requirements, as determined by an amendment intended to be proposed lished with the support of the late Senator the appropriate State regulatory entity, ex- Daniel K. Inouye, are critical to building by her to the bill S. 2410, to authorize cept that in providing such coursework and broad, multilateral approaches to regional training, such entity shall take into account appropriations for fiscal year 2015 for security concerns; and military activities of the Department previous medical coursework and training (9) to support the rebalance to the Asia Pa- received when such veterans were members of Defense, for military construction, cific, the Department of Defense is encour- of the Armed Forces on active duty.’’. and for defense activities of the De- aged to— (A) enhance the use of the National Guard partment of Energy, to prescribe mili- SA 3416. Ms. KLOBUCHAR submitted tary personnel strengths for such fiscal State Partnership Program to broaden and deepen mutually beneficial relationships an amendment intended to be proposed year, and for other purposes; which was with partner militaries and facilitate inter- by her to the bill S. 2410, to authorize ordered to lie on the table; as follows: operability across a range of issues, such as appropriations for fiscal year 2015 for Strike section 1034. humanitarian assistance and disaster relief; military activities of the Department (B) advance shared goals in the area of of Defense, for military construction, SA 3414. Mr. SCHATZ submitted an global health, including through biosurveil- and for defense activities of the De- amendment intended to be proposed by lance and disease monitoring, as well as col- laboration between partner governments and partment of Energy, to prescribe mili- him to the bill S. 2410, to authorize ap- tary personnel strengths for such fiscal propriations for fiscal year 2015 for the United States Army Research Institute of Infectious Disease to protect military and year, and for other purposes; which was military activities of the Department civilian interests from all biological threats; ordered to lie on the table; as follows: of Defense, for military construction, (C) improve resilience to extreme weather On page 120, line 17, insert ‘‘during any pe- and for defense activities of the De- and other natural disasters through humani- riod, regardless of the duty status of the in- partment of Energy, to prescribe mili- tarian assistance and disaster relief exer- dividual at the time of the alleged offense,’’ tary personnel strengths for such fiscal cises that build the capacities and capabili- after ‘‘sex-related offense’’. year, and for other purposes; which was ties of partners and allies in the Pacific; ordered to lie on the table; as follows: (D) reduce the strategic vulnerability of SA 3417. Ms. KLOBUCHAR submitted fossil fuel consumption through science and At the end of title XII, add the following: an amendment intended to be proposed technology agreements that help the Depart- Subtitle E—Matters Relating to the Asia ment and partner governments improve en- by her to the bill S. 2410, to authorize Pacific ergy efficiency of military platforms and appropriations for fiscal year 2015 for SEC. 1271. SENSE OF CONGRESS ON THE ASIA-PA- conservation at bases, and engineer non- military activities of the Department CIFIC REBALANCE. petroleum alternative fuels that can be of Defense, for military construction, It is the sense of Congress that— dropped into existing military platforms; and for defense activities of the De- (1) the Asia-Pacific region has nearly a (E) utilize to the fullest extent possible the partment of Energy, to prescribe mili- third of the world’s population and over one- National Security Education Program to tary personnel strengths for such fiscal quarter of global gross domestic product, and continue to build a broader and more quali- year, and for other purposes; which was its future prosperity and security are inter- fied pool of United States citizens with crit- twined with the United States; ical-need foreign language and cultural com- ordered to lie on the table; as follows: (2) In addition to long-standing historic petency skills relevant to the Asia-Pacific, Strike section 544 and insert the following: ties with Asia-Pacific countries, such as and increase collaboration with appropriate SEC. 544. ACCESS TO SPECIAL VICTIMS’ COUN- Japan, the Republic of Korea, Australia and interagency partners, such as the Depart- SEL. New Zealand, the United States welcomes its ment of State, that sponsor similar language (a) IN GENERAL.—Subsection (a) of section growing partnerships and collaboration with training and other scholarship programs 1044e of title 10, United States Code, is member states of the Association of South- with an Asia-Pacific focus; and amended to read as follows:

VerDate Mar 15 2010 05:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.053 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4180 CONGRESSIONAL RECORD — SENATE June 26, 2014 ‘‘(a) DESIGNATION; PURPOSES.—(1) The Sec- At the end of subtitle B of title VIII, add ment of Energy, to prescribe military retary concerned shall designate legal coun- the following: personnel strengths for such fiscal sel (to be known as ‘Special Victims’ Coun- SEC. 830. REQUIREMENT FOR POLICIES AND year, and for other purposes; which was sel’) for the purpose of providing legal assist- STANDARD CHECKLIST IN PROCURE- ance to an individual described in paragraph MENT OF SERVICES. ordered to lie on the table; as follows: (2) who is the victim of an alleged sex-re- (a) REQUIREMENT.—Section 2330a of title 10, At the end of subtitle D of title I, add the lated offense, regardless of whether the re- United States Code, is amended— following: port of that offense is restricted or unre- (1) by redesignating subsections (g), (h), (i), SEC. 141. AUTHORIZATION OF MODERNIZATION stricted. and (j) as subsections (h), (i), (j), and (k), re- PROGRAMS FOR C-130 AIRCRAFT. ‘‘(2) An individual described in this para- spectively; and The Air Force may use programs other graph is any of the following: (2) by inserting after subsection (f) the fol- than, and in addition to, the avionics mod- ‘‘(A) An individual eligible for military lowing new subsection: ernization program for C-130 aircraft to mod- legal assistance under section 1044 of this ‘‘(g) REQUEST FOR SERVICE CONTRACT AP- ernize such aircraft. title. PROVAL.—The Under Secretary of Defense for ‘‘(B) An individual who is— Personnel and Readiness shall— SA 3422. Mr. TESTER (for himself ‘‘(i) not covered under subparagraph (A); ‘‘(1) establish a standard checklist to be and Mr. WALSH) submitted an amend- ‘‘(ii) a member of a reserve component of completed before the issuance of a solicita- ment intended to be proposed by him the armed forces; and tion for any new contract for services or ex- ‘‘(iii) a victim of an alleged sex-related of- ercising an option under an existing contract to the bill S. 2410, to authorize appro- fense as described in paragraph (1)— for services, including services provided priations for fiscal year 2015 for mili- ‘‘(I) during a period in which the individual under a contract for goods; tary activities of the Department of served on active duty, full-time National ‘‘(2) issue policies implementing the stand- Defense, for military construction, and Guard duty, or inactive-duty training; or ard checklist; for defense activities of the Depart- ‘‘(II) during any period, regardless of the ‘‘(3) draft guidelines regulating the check- ment of Energy, to prescribe military duty status of the individual, if the cir- list; and personnel strengths for such fiscal cumstances of the alleged sex-related offense ‘‘(4) ensure such policies and checklist are year, and for other purposes; which was have a nexus to the military service of the incorporated into the Department of Defense victim.’’. Supplement to the Federal Acquisition Reg- ordered to lie on the table; as follows: (b) CONFORMING AMENDMENT.—Subsection ulation.’’. At the end of subtitle G of title V, add the (f) of such section is amended by striking (b) ARMY MODEL.—In implementing section following: ‘‘eligible for military legal assistance under 2330a(g) of title 10, United States Code, as SEC. 577. DEFERRAL OF PRINCIPAL OF FEDERAL section 1044 of this title’’ each place it ap- added by subsection (a), the Under Secretary STUDENT LOANS FOR CERTAIN PE- pears and inserting ‘‘described in subsection of Defense for Personnel and Readiness shall RIOD IN CONNECTION WITH RE- (a)(2)’’. model, to the maximum extent practicable, CEIPT OF ORDERS FOR MOBILIZA- its policies and checklist on the policies and TION FOR WAR OR NATIONAL EMER- GENCY. SA 3418. Mr. WALSH (for himself and checklist relating to services contract ap- (a) FEDERAL FAMILY EDUCATION LOANS.— Mr. TESTER) submitted an amendment proval established and in use by the Depart- Section 428(b)(1)(M) of the Higher Education intended to be proposed by him to the ment of the Army (as set forth in the request Act of 1965 (20 U.S.C. 1078(b)(1)(M)) is amend- bill S. 2410, to authorize appropriations for services contract approval form updated ed— for fiscal year 2015 for military activi- as of August 2012, or any successor form). (1) in the matter preceding clause (i), by ties of the Department of Defense, for (c) DEADLINE.—The policies required under such section 2230a(g) shall be issued within striking ‘‘, during any period’’; military construction, and for defense (2) in clause (i), by striking ‘‘during which’’ activities of the Department of Energy, 120 days after the date of the enactment of this Act. and inserting ‘‘during any period during to prescribe military personnel (d) REPORT.—The Comptroller General of which’’; strengths for such fiscal year, and for the United States shall submit to the con- (3) in clause (ii), by striking ‘‘during other purposes; which was ordered to gressional defense committees a report on which’’ and inserting ‘‘during any period lie on the table; as follows: the implementation of the standard check- during which’’; (4) in clause (iii)— At the end of subtitle D, of title VIII, add list required under such section 2330a(g) for (A) by striking ‘‘during which’’ and insert- the following: each of fiscal years 2015, 2016, and 2017 within ing ‘‘during any period during which’’; and SEC. 864. REPORTING ON USE OF SERVICE CON- 120 days after the end of each such fiscal TRACTS BY INTELLIGENCE COMMU- year. (B) in the matter following subclause (II), NITY. by striking ‘‘ or’’ after the semicolon; (a) ANNUAL REPORT.—Not later than 180 SA 3420. Mr. WALSH (for himself and (5) by redesignating clause (iv) as clause days after the date of the enactment of this Mr. TESTER) submitted an amendment (vi); Act, and annually thereafter, the Director of intended to be proposed by him to the (6) by inserting after clause (iii) the fol- National Intelligence shall submit to the lowing: bill S. 2410, to authorize appropriations ‘‘(iv) in the case of any borrower who has congressional defense committees and the for fiscal year 2015 for military activi- Select Committee on Intelligence of the Sen- received a call or order to duty described in ate and the Permanent Select Committee on ties of the Department of Defense, for subclause (I) or (II) of clause (iii), during the Intelligence of the House of Representatives military construction, and for defense shorter of— a report with an inventory of service con- activities of the Department of Energy, ‘‘(I) the period beginning on the date such tractors used by each element of the intel- to prescribe military personnel call or order to duty is received by the bor- ligence community (as defined in section 3 of strengths for such fiscal year, and for rower and ending on the first day of the serv- the National Security Act of 1947 (50 U.S.C. other purposes; which was ordered to ice described in subclause (I) or (II) of clause (iii); and 3003)), including, for each such contract, the lie on the table; as follows: contractor, a description of the service pro- ‘‘(II) the 180-day period preceding the first vided, and the amount obligated or expended. At the end of subtitle H of title X, add the day of such service; (b) FORM.—The report required under sub- following: ‘‘(v) notwithstanding clause (iv)— section (a) may be submitted in classified SEC. 1087. EXTENSION OF ELIGIBILITY FOR HOS- ‘‘(I) in the case of any borrower described form, but shall contain an unclassified sum- PITAL CARE, MEDICAL SERVICES, in such clause whose call or order to duty is mary including the total amount expended AND NURSING HOME AND DOMI- cancelled before the first day of the service by each element of the intelligence commu- CILIARY CARE FOR CERTAIN VET- ERANS WHO SERVED IN A THEATER described in subclause (I) or (II) of clause nity on service contracts. OF COMBAT OPERATIONS. (iii) because of a personal injury in connec- tion with training to prepare for such serv- Mr. WALSH (for himself and Section 1710(e)(3)(A) of title 38, United SA 3419. States Code, is amended by striking ‘‘period ice, during the period described in clause (iv) Mr. TESTER) submitted an amendment of five years’’ and inserting ‘‘period of 10 and during an additional period equal to the intended to be proposed by him to the years’’. duration of such service, as specified by or bill S. 2410, to authorize appropriations otherwise determined in the original call or for fiscal year 2015 for military activi- SA 3421. Mr. TESTER (for himself order to duty; and ties of the Department of Defense, for and Mr. WALSH) submitted an amend- ‘‘(II) in the case of any borrower whose call military construction, and for defense ment intended to be proposed by him or order to duty is cancelled before the first to the bill S. 2410, to authorize appro- day of such service for a reason other than activities of the Department of Energy, an injury described in subclause (I), during to prescribe military personnel priations for fiscal year 2015 for mili- the period beginning on the date the call or strengths for such fiscal year, and for tary activities of the Department of order to duty is received by the borrower and other purposes; which was ordered to Defense, for military construction, and ending on the date that is 14 days after such lie on the table; as follows: for defense activities of the Depart- call or order to duty is cancelled; and’’; and

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TEMPORARY LIMITATION ON AVAIL- (1) in the matter preceding subparagraph ice, during the period described in clause (iv) (A), by striking ‘‘during any period’’; ABILITY OF FUNDS FOR TRANSFER and during an additional period equal to the OF CERTAIN RED HORSE UNITS. (2) in subparagraph (A), by striking ‘‘dur- duration of such service, as specified by or None of the funds authorized to be appro- ing which’’ and inserting ‘‘during any period otherwise determined in the original call or priated by this Act or otherwise made avail- during which’’; order to duty; and able for the Air Force may be obligated or (3) in subparagraph (B), by striking ‘‘not in ‘‘(II) in the case of any borrower whose call expended to transfer from one facility to an- excess’’ and inserting ‘‘during any period not or order to duty is cancelled before the first other any Rapid Engineer Deployable Heavy in excess’’; day of such service for a reason other than Operational Repair Squadron Engineer (RED (4) in subparagraph (C)— an injury described in subclause (I), during HORSE) unit based in the continental United (A) by striking ‘‘during which’’ and insert- the period beginning on the date the call or States until 60 days after the Secretary of ing ‘‘during any period during which’’; and order to duty is received by the borrower and the Air Force submits to the congressional (B) in the matter following clause (ii), by ending on the date that is 14 days after such defense committees a report that includes striking ‘‘ or’’ after the semicolon; call or order to duty is cancelled;’’; the following: (5) by redesignating subparagraph (D) as (7) in clause (vi) (as redesignated by para- (1) A recommended basing alignment for subparagraph (F); graph (5)), by striking ‘‘not in excess’’ and RED HORSE units. (6) by inserting after subparagraph (C) the inserting ‘‘during any period not in excess’’; (2) An assessment of the national security following: and benefits and any other benefits of the pro- ‘‘(D) in the case of any borrower who has (8) in clause (vii) (as redesignated by para- posed transfer. received a call or order to duty described in graph (5)), by striking ‘‘during which’’ and (3) An assessment of the costs of the pro- clause (i) or (ii) of subparagraph (C), during inserting ‘‘during any period during which’’. posed transfer, including the impact of the the shorter of— (d) RULE OF CONSTRUCTION.—Nothing in the proposed transfer on the facility or facilities ‘‘(i) the period beginning on the date such amendments made by this section shall be from which a RED HORSE unit will be trans- call or order to duty is received by the bor- construed to authorize any refunding of any ferred. rower and ending on the first day of the serv- repayment of a loan. ice described in clause (i) or (ii) of subpara- (4) An analysis of the recommended basing (e) APPLICABILITY.—The amendments made graph (C); and alignment that demonstrates that the rec- by this section shall apply with respect to all ommendation is the most effective and effi- ‘‘(ii) the 180-day period preceding the first loans made, insured, or guaranteed under day of such service; cient alternative for such basing alignment. title IV of the Higher Education Act of 1965 (5) An assessment of how the basing align- ‘‘(E) notwithstanding subparagraph (D)— (20 U.S.C. 1070 et seq.). ‘‘(i) in the case of any borrower described ment affects the national emergency re- sponse mission of RED HORSE Reserve Com- in such subparagraph whose call or order to SA 3423. Mr. TESTER submitted an duty is cancelled before the first day of the ponent units. service described in clause (i) or (ii) of sub- amendment intended to be proposed by paragraph (C) because of a personal injury in him to the bill S. 2410, to authorize ap- SA 3425. Mr. WHITEHOUSE sub- connection with training to prepare for such propriations for fiscal year 2015 for mitted an amendment intended to be service, during the period described in sub- military activities of the Department proposed by him to the bill S. 2410, to paragraph (D) and during an additional pe- of Defense, for military construction, authorize appropriations for fiscal year riod equal to the duration of such service, as and for defense activities of the De- 2015 for military activities of the De- specified by or otherwise determined in the partment of Energy, to prescribe mili- partment of Defense, for military con- original call or order to duty; and tary personnel strengths for such fiscal struction, and for defense activities of ‘‘(ii) in the case of any borrower whose call year, and for other purposes; which was the Department of Energy, to prescribe or order to duty is cancelled before the first military personnel strengths for such day of such service for a reason other than ordered to lie on the table; as follows: an injury described in clause (i), during the At the end of title XI, add the following: fiscal year, and for other purposes; period beginning on the date the call or SEC. 1105. APPELLATE PROCEDURES FOR ELIGI- which was ordered to lie on the table; order to duty is received by the borrower and BILITY FOR SENSITIVE POSITIONS. as follows: ending on the date that is 14 days after such (a) AMENDMENTS.—Section 7701 of title 5, At the end of subtitle D of title III, add the call or order to duty is cancelled; and’’; and United States Code, is amended— following: (7) in subparagraph (F) (as redesignated by (1) by redesignating subsection (k) as sub- SEC. 332. REPORT ON ASSET TRACKING. paragraph (5)), by striking ‘‘not in excess’’ section (l); and Not later than 90 days after the date of the and inserting ‘‘during any period not in ex- (2) by inserting after subsection (j) the fol- enactment of this Act, the Secretary of De- cess’’. lowing: fense shall submit to the congressional de- (c) PERKINS LOANS.—Section 464(c)(2)(A) of ‘‘(k)(1) The Board has authority to review fense committees a report on the feasibility the Higher Education Act of 1965 (20 U.S.C. on the merits an appeal by an employee or of creating a specific line item in the Oper- 1087dd(c)(2)(A)) is amended— applicant for employment of an action aris- ations and Maintenance, Defense-wide budg- (1) in the matter preceding clause (i), by ing from a determination that the employee et to fund asset tracking and in-transit visi- striking ‘‘during any period’’; or applicant for employment is ineligible for bility initiatives, including implementation (2) in clause (i), by striking ‘‘during which’’ a sensitive position if— of an item unique identification (IUID) sys- and inserting ‘‘during any period during ‘‘(A) the sensitive position does not require tem. which’’; a security clearance or access to classified (3) in clause (ii), by striking ‘‘not in ex- information; and SA 3426. Mr. KING (for himself and cess’’ and inserting ‘‘during any period not ‘‘(B) such action is otherwise appealable. Mr. BURR) submitted an amendment in- in excess’’; ‘‘(2) In this subsection, the term ‘sensitive tended to be proposed by him to the (4) in clause (iii), by striking ‘‘during position’ means a position designated as a bill S. 2410, to authorize appropriations which’’ and inserting ‘‘during any period sensitive position under Executive Order for fiscal year 2015 for military activi- during which’’; 10450 (5 U.S.C. 7311 note), or any successor ties of the Department of Defense, for (5) by redesignating clauses (iv) and (v) as thereto.’’. military construction, and for defense clauses (vi) and (vii), respectively; (b) EFFECTIVE DATE.—The amendments (6) by inserting after clause (iii) the fol- made by this section shall apply to any ap- activities of the Department of Energy, lowing: peal that is pending on, or commenced on or to prescribe military personnel ‘‘(iv) in the case of any borrower who has after, the date of enactment of this Act. strengths for such fiscal year, and for received a call or order to duty described in other purposes; which was ordered to subclause (I) or (II) of clause (iii), during the SA 3424. Mr. TESTER (for himself lie on the table; as follows: shorter of— and Mr. WALSH) submitted an amend- At the end of subtitle H of title X, add the ‘‘(I) the period beginning on the date such ment intended to be proposed by him following: call or order to duty is received by the bor- to the bill S. 2410, to authorize appro- SEC. 1087. CONSOLIDATED DEFINITION OF SMALL rower and ending on the first day of the serv- priations for fiscal year 2015 for mili- BUSINESS CONCERN OWNED AND ice described in subclause (I) or (II) of clause tary activities of the Department of CONTROLLED BY VETERANS. (iii); and (a) SHORT TITLE.—This section may be ‘‘(II) the 180-day period preceding the first Defense, for military construction, and cited as the ‘‘Improving Opportunities for day of such service; for defense activities of the Depart- Service-Disabled Veteran-Owned Small Busi- ‘‘(v) notwithstanding clause (iv)— ment of Energy, to prescribe military nesses Act of 2014’’.

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(b) SMALL BUSINESS DEFINITION OF SMALL Small Business of the House of Representa- (A) a description of initiatives that the BUSINESS CONCERN CONSOLIDATED.—Section tives a report— United States Government has undertaken 3(q) of the Small Business Act (15 U.S.C. (1) evaluating whether it is practicable for to train investigators in Syria on how to 632(q)) is amended— the Administrator of the Small Business Ad- document, investigate, and develop findings (1) by amending paragraph (2) to read as ministration or the Secretary of Veterans of war crimes, including the number of follows: Affairs to have Government-wide responsi- United States Government or contract per- ‘‘(2) SMALL BUSINESS CONCERN OWNED AND bility for verifying whether a business con- sonnel currently designated to work full- CONTROLLED BY SERVICE-DISABLED VET- cern purporting to be a small business con- time on these issues and an identification of ERANS.—The term ‘small business concern cern owned and controlled by service-dis- the authorities and appropriations being owned and controlled by service-disabled abled veterans (as defined under section 3(q) used to support training efforts; veterans’ means a small business concern— of the Small Business Act (15 U.S.C. 632(q)), (B) a description of the strategy and imple- ‘‘(A)(i) not less than 51 percent of which is as amended by this section) qualifies as a mentation efforts to ensure accountability owned by one or more service-disabled vet- small business concern owned and controlled for crimes committed during the Syrian con- erans or, in the case of any publicly owned by service-disabled veterans; and flict, including efforts to promote the estab- business, not less than 51 percent of the (2) making recommendations on the advis- lishment of an ad hoc tribunal to prosecute stock of which is owned by one or more serv- ability of the Administrator of the Small the perpetrators of war crimes committed ice-disabled veterans; and Business Administration or the Secretary of during the civil war in Syria; and ‘‘(ii) the management and daily business Veterans Affairs having such Government- (C) an assessment of the impact of those operations of which are controlled by one or wide responsibility. initiatives. more service-disabled veterans or, in the (c) APPROPRIATE CONGRESSIONAL COMMIT- case of a veteran with permanent and severe SA 3427. Mr. WHITEHOUSE sub- TEES DEFINED.—In this section, the term disability, the spouse or permanent care- mitted an amendment intended to be ‘‘appropriate congressional committees’’ giver of such veteran; or proposed by him to the bill S. 2410, to means— ‘‘(B) not less than 51 percent of which is authorize appropriations for fiscal year (1) the congressional defense committees; owned by one or more veterans with service- 2015 for military activities of the De- and connected disabilities that are permanent partment of Defense, for military con- (2) the Committee on Foreign Relations of and total who are unable to manage the struction, and for defense activities of the Senate and the Committee on Foreign daily business operations of such concern or, the Department of Energy, to prescribe Affairs of the House of Representatives. in the case of a publicly owned business, not military personnel strengths for such SA 3429. Mr. CARDIN submitted an less than 51 percent of the stock of which is fiscal year, and for other purposes; owned by one or more such veterans.’’; and amendment intended to be proposed by (2) by adding at the end the following: which was ordered to lie on the table; him to the bill S. 2410, to authorize ap- ‘‘(6) TREATMENT OF BUSINESSES AFTER as follows: propriations for fiscal year 2015 for DEATH OF VETERAN-OWNER.— In section 1522, strike subsection (b). military activities of the Department ‘‘(A) IN GENERAL.—If the death of a service- of Defense, for military construction, Mr. CARDIN submitted an disabled veteran causes a small business con- SA 3428. and for defense activities of the De- amendment intended to be proposed by cern to be less than 51 percent owned by one partment of Energy, to prescribe mili- him to the bill S. 2410, to authorize ap- or more such veterans, the surviving spouse tary personnel strengths for such fiscal of such veteran who acquires ownership propriations for fiscal year 2015 for year, and for other purposes; which was rights in such small business concern shall, military activities of the Department ordered to lie on the table; as follows: for the period described in subparagraph (B), of Defense, for military construction, be treated as if the surviving spouse were and for defense activities of the De- At the end of subtitle D of title XII, add the following: that veteran for the purpose of maintaining partment of Energy, to prescribe mili- SEC. 1268. FULBRIGHT UNIVERSITY VIETNAM. the status of the small business concern as a tary personnel strengths for such fiscal small business concern owned and controlled (a) DEFINITIONS.—Section 203 of the Viet- by service-disabled veterans. year, and for other purposes; which was nam Education Foundation Act of 2000 (title ‘‘(B) PERIOD DESCRIBED.—The period re- ordered to lie on the table; as follows: II of division B of H.R. 5666, as enacted into ferred to in subparagraph (A) is the period At the end of subtitle C of title XII, add law by section 1(a)(4) of Public Law 106–554 beginning on the date on which the service- the following: and contained in appendix D of that Act; 114 disabled veteran dies and ending on the ear- SEC. 1247. REPORT ON ACCOUNTABILITY FOR Stat. 2763A–254; 22 U.S.C. 2452 note) is amend- liest of the following dates: WAR CRIMES AND CRIMES AGAINST ed— ‘‘(i) The date on which the surviving HUMANITY IN SYRIA. (1) by redesignating paragraph (4) as para- spouse remarries. (a) IN GENERAL.—Not later than 90 days graph (6); and ‘‘(ii) The date on which the surviving after the date of the enactment of this Act, (2) by inserting afer paragraph (3) the fol- and again not later than 180 days after the spouse relinquishes an ownership interest in lowing: cessation of violence in Syria, the Secretary the small business concern. ‘‘(4) FULBRIGHT UNIVERSITY VIETNAM.—The of State shall submit to the appropriate con- ‘‘(iii) The date that— term ‘Fulbright University Vietnam’ means gressional committees a report on war ‘‘(I) in the case of a surviving spouse of a an independent, not-for-profit academic in- crimes and crimes against humanity in veteran with a service-connected disability stitution to be established in the Socialist Syria. Republic of Vietnam. rated as 100 percent disabling or who dies as (b) ELEMENTS.—The report required under a result of a service-connected disability, is ‘‘(5) TRUST FOR UNIVERSITY INNOVATION IN subsection (a) shall include the following ele- VIETNAM.—The term ‘Trust for University In- 10 years after the date of the veteran’s death; ments: or novation in Vietnam’ means a not-for-profit (1) A description of violations of inter- organization founded in 2012, which is en- ‘‘(II) in the case of a surviving spouse of a nationally recognized human rights and veteran with a service-connected disability gaged in promoting institutional innovation crimes against humanity perpetrated during in Vietnamese higher education.’’. rated as less than 100 percent disabling who the civil war in Syria, including— does not die as a result of a service-con- (b) USE OF VIETNAM DEBT REPAYMENT FUND (A) an account of the war crimes and FOR FULBRIGHT UNIVERSITY VIETNAM.—Sec- nected disability, is three years after the crimes against humanity committed by the tion 207(c)(3) of the Vietnam Education date of the veteran’s death.’’. regime of President Bashar al-Assad; Foundation Act of 2000 (title II of division B (c) VETERANS AFFAIRS DEFINITION OF (B) an account of the war crimes and of H.R. 5666, as enacted into law by section SMALL BUSINESS CONCERN CONSOLIDATED.— crimes against humanity committed by vio- 1(a)(4) of Public Law 106–554 and contained in Section 8127 of title 38, United States Code, lent extremist groups and other combatants appendix D of that Act; 114 Stat. 2763A–257; is amended— in the conflict; and 22 U.S.C. 2452 note) is amended to read as fol- (1) by striking subsection (h); and (C) a description of the conventional and lows: (2) in subsection (l)(2), by striking ‘‘means’’ unconventional weapons used for such ‘‘(3) USE OF EXCESS FUNDS FOR FULBRIGHT and all that follows through the period at crimes and, where possible, the origins of the UNIVERSITY VIETNAM.—During each of the fis- the end and inserting the following: ‘‘has the weapons. cal years 2014 through 2018, amounts depos- meaning given that term under section 3(q) (2) A description of efforts by the Depart- ited into the Fund, in excess of the amounts of the Small Business Act (15 U.S.C. 632(q)).’’. ment of State and the United States Agency made available to the Foundation under (d) GAO REPORT ON VERIFICATION OF STA- for International Development to ensure ac- paragraph (1), shall be made available by the TUS.—Not later than 270 days after the date countability for violations of internationally Secretary of the Treasury, upon the request of enactment of this Act, the Comptroller recognized human rights and crimes against of the Secretary of State, for grants to the General of the United States shall submit to humanity perpetrated against the people of Trust for University Innovation in Vietnam the Committee on Veterans’ Affairs and the Syria by the regime of President Bashar al- for the purpose of supporting the establish- Committee on Small Business and Entrepre- Assad, violent extremist groups, and other ment of Fulbright University Vietnam.’’. neurship of the Senate and the Committee combatants involved in the conflict, includ- (c) GRANTS AUTHORIZED.—The Vietnam on Veterans’ Affairs and the Committee on ing— Education Foundation Act of 2000 (22 U.S.C.

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FULBRIGHT UNIVERSITY VIETNAM. classification of disability claimed as the retary; and ‘‘(a) GRANTS AUTHORIZED.—The Secretary Secretary shall establish. ‘‘(2) prescribe academic and other perform- of State may award 1 or more grants to the ‘‘(c) RECOVERY.—Notwithstanding any ance standards to be met by individuals par- Trust for University Innovation in Vietnam, other provision of law, the Secretary may re- ticipating in the program. which shall be used to support the establish- cover a payment of a provisional benefit ‘‘(d) PARTICIPATION AGREEMENT.—An indi- ment of Fulbright University Vietnam. awarded under this section for an application vidual who participates in a program under ‘‘(b) APPLICATION.—In order to receive 1 or for disability compensation only— this section shall enter into a written agree- more grants pursuant to subsection (a), ‘‘(1) in a case in which the Secretary ment with the Secretary of the military de- Trust for University Innovation in Vietnam awards the disability compensation for partment concerned— shall submit an application to the Secretary which the individual filed the application ‘‘(1) to enlist in or accept an appointment of State at such time, in such manner, and and the Secretary may only recover such as an officer in a reserve component of the accompanied by such information as the Sec- provisional benefit by subtracting it from armed forces; retary may reasonably require. payments made for the disability compensa- ‘‘(2) to complete entry level and skill train- ‘‘(c) MINIMUM STANDARDS.—As a condition tion awarded; or ing (if enlisting) or entry level training and of receiving grants under this section, Trust ‘‘(2) in a case in which the Secretary deter- officer candidate school (if accepting ap- for University Innovation in Vietnam shall mines not to award the disability compensa- pointment as an officer); ensure that Fulbright University Vietnam— tion for which the individual filed the appli- ‘‘(3) to pursue on a full-time basis a course ‘‘(1) achieves standards comparable to cation and the Secretary determines that of education— those required for accreditation in the the application was the subject of inten- ‘‘(A) leading to a bachelor’s or associate’s United States; tional fraud, misrepresentation, or bad faith degree at an institution of higher education; ‘‘(2) offers graduate and undergraduate on behalf of the individual.’’. or level teaching and research programs in a (b) CLERICAL AMENDMENT.—The table of ‘‘(B) that— broad range of fields, including public policy, sections at the beginning of chapter 53 of ‘‘(i) is offered by an institution of higher management, and engineering; and such title is amended by inserting after the education; and ‘‘(3) establishes a policy of academic free- item relating to section 5319 the following ‘‘(ii) upon completion, will provide the in- dom and prohibits the censorship of dis- new item: dividual with a level of education that is senting or critical views. ‘‘5319A. Provisional benefits awarded for similar to a course of education described in ‘‘(d) ANNUAL REPORT.—Not later than 90 fully developed claims pending subparagraph (A), as determined pursuant to days after the last day of each fiscal year, for extended period.’’. subsection (c)(2); the Secretary of State shall submit a report ‘‘(4) while pursuing a course of education to the appropriate congressional committees SA 3431. Mr. CARDIN submitted an under paragraph (3), to perform such active that summarizes the activities carried out amendment intended to be proposed by duty for training during periods between under this section during such fiscal year.’’. him to the bill S. 2410, to authorize ap- academic terms of the institution of higher propriations for fiscal year 2015 for education involved as such Secretary shall SA 3430. Mr. CARDIN submitted an military activities of the Department specify in the agreement; and amendment intended to be proposed by of Defense, for military construction, ‘‘(5) as provided in subsection (i), to serve him to the bill S. 2410, to authorize ap- in the reserve component of the armed forces and for defense activities of the De- specified in such agreement for two years for propriations for fiscal year 2015 for partment of Energy, to prescribe mili- military activities of the Department each academic year for which the individual tary personnel strengths for such fiscal receives educational assistance under this of Defense, for military construction, year, and for other purposes; which was section. and for defense activities of the De- ordered to lie on the table; as follows: ‘‘(e) AMOUNT OF EDUCATIONAL ASSIST- partment of Energy, to prescribe mili- At the end of subtitle B of title V, add the ANCE.—The amount of educational assistance tary personnel strengths for such fiscal following: provided under a program under this section year, and for other purposes; which was SEC. 515. EDUCATIONAL ASSISTANCE TO EN- to an individual pursuing a course of edu- ordered to lie on the table; as follows: COURAGE MEMBERSHIP IN THE RE- cation described in subsection (d)(3) during an academic year shall be the lesser of— At the end of subtitle H of title X, add the SERVE COMPONENTS OF THE ARMED FORCES. ‘‘(1) the maximum amount of in-State tui- following: (a) PROGRAMS OF ASSISTANCE AUTHOR- tion and fees assessed during such academic SEC. 1087. MAKING PERMANENT SPECIAL EFFEC- IZED.—Chapter 1611 of title 10, United States year for programs of education leading to a TIVE DATE FOR AWARDS OF DIS- ABILITY COMPENSATION BY SEC- Code, is amended by adding at the end the bachelor’s degree by public institutions of RETARY OF VETERANS AFFAIRS FOR following new section: higher education in the State whose Na- VETERANS WHO SUBMIT APPLICA- ‘‘§ 16402. National Guard and Reserves: edu- tional Guard the individual is a member of TIONS FOR ORIGINAL CLAIMS THAT cational assistance to encourage member- or where the individual resides, as applica- ARE FULLY-DEVELOPED. ship ble; or Section 5110(b)(2)(C) of title 38, United ‘‘(a) AUTHORITY.—Each Secretary of a mili- ‘‘(2) the amount of tuition and fees as- States Code, is amended by striking ‘‘and tary department may carry out a program to sessed during such academic year for such shall not apply with respect to claims filed encourage membership in the reserve compo- course of education by the institution of after the date that is three years after the nents of the armed forces under the jurisdic- higher education providing such course of date of the enactment of such Act’’. tion of such Secretary through the provision education. SEC. 1088. PROVISIONAL BENEFITS AWARDED BY of educational assistance to individuals who ‘‘(f) PAYMENT OF EDUCATIONAL ASSIST- SECRETARY OF VETERANS AFFAIRS participate in such program in order to de- ANCE.—(1) The Secretary of the military de- FOR FULLY DEVELOPED CLAIMS partment concerned shall pay educational PENDING FOR MORE THAN 180 DAYS. velop skills that are critical to such reserve components as determined by such Sec- assistance to individuals participating in (a) IN GENERAL.—Chapter 53 of title 38, programs under this section on a monthly United States Code, is amended by adding at retary. ‘‘(b) PARTICIPATION BY INDIVIDUALS BEFORE basis. the end the following: COMMENCEMENT OF GRADE 12.—(1) An indi- ‘‘(2) The maximum number of months of ‘‘§ 5319A. Provisional benefits awarded for vidual who is more than sixteen years of age educational assistance payable to an indi- fully developed claims pending for ex- may participate in a program under this sec- vidual participating in a program under this tended period tion before commencing grade 12 in a sec- section may not exceed the aggregate num- ‘‘(a) PROVISIONAL AWARDS REQUIRED.—For ondary school with the written consent of ber of months comprising four academic each application for disability compensation the individual’s parent or guardian (if the in- years at the institution or institutions at- that is filed for an individual with the Sec- dividual has a parent or guardian entitled to tended by the individual pursuant to the pro- retary, that sets forth an original claim that the custody and control of the individual). gram. is fully-developed (as determined by the Sec- ‘‘(2) An individual who participates in a ‘‘(g) RESERVE STATUS.—(1) Each individual retary) as of the date of submittal, and for program under this section pursuant to para- participating in a program under this section which the Secretary has not made a decision, graph (1) may complete entry level and skill shall, while pursuing a course of education beginning on the date that is 180 days after training before commencing grade 12 in a under such program, be the following: the date on which such application is filed secondary school. ‘‘(A) A member of the inactive National with the Secretary, the Secretary shall ‘‘(c) ADMINISTRATION REQUIREMENTS.—In Guard or the Individual Ready Reserve, as award the individual a provisional benefit carrying out a program under this section, applicable, during academic terms of pursuit under this section. the Secretary of a military department of such course of education pursuant to sub- ‘‘(b) PROVISIONAL AWARDS ESTABLISHED.—A shall— section (d)(3). provisional benefit awarded pursuant to sub- ‘‘(1) establish and maintain a current list ‘‘(B) A member of the National Guard or section (a) for a claim for disability com- of the skills that are, or are anticipated to the Ready Reserve, as applicable, in active

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status while performing training during peri- (b) CLERICAL AMENDMENT.—The table of ican Samoa, and the Commonwealth of the ods between such academic terms pursuant sections at the beginning of chapter 1611 of Northern Mariana Islands. to subsection (d)(4) such title is amended by adding at the end (c) BLUE ALERT COMMUNICATIONS NET- ‘‘(2) Notwithstanding status under para- the following new item: WORK.—The Attorney General shall establish graph (1), an individual may not be called or ‘‘16402. National Guard and Reserves: edu- ordered to active duty (other than active a national Blue Alert communications net- cational assistance to encour- work within the Department of Justice to duty for training in accordance with sub- age membership.’’. section (d)(4)) while pursuing a course of edu- issue Blue Alerts through the initiation, fa- cilitation, and promotion of Blue Alert cation under a program under this section. SA 3432. Mr. CARDIN submitted an ‘‘(h) INELIGIBILITY FOR OTHER EDUCATIONAL plans, in coordination with States, units of amendment intended to be proposed by ASSISTANCE DURING PARTICIPATION IN PRO- local government, law enforcement agencies, GRAM.—(1) An individual who participates in him to the bill S. 2410, to authorize ap- and other appropriate entities. a program under this section is not, while so propriations for fiscal year 2015 for (d) BLUE ALERT COORDINATOR; GUIDE- participating, eligible for educational assist- military activities of the Department LINES.— ance under any other provision of this title, of Defense, for military construction, (1) COORDINATION WITHIN DEPARTMENT OF any other law administered by the Secretary and for defense activities of the De- JUSTICE.—The Attorney General shall assign of Defense or the Secretaries of the military partment of Energy, to prescribe mili- an existing officer of the Department of Jus- departments, any law administered by the tary personnel strengths for such fiscal tice to act as the national coordinator of the Secretary of Homeland Security (with re- Blue Alert communications network. spect to the Coast Guard when it is not oper- year, and for other purposes; which was (2) DUTIES OF THE COORDINATOR.—The Coor- ating as a service in the Navy), or any law ordered to lie on the table; as follows: dinator shall— administered by the Secretary of Veterans At the end of subtitle A of title VIII, add (A) provide assistance to States and units Affairs. the following: ‘‘(2) Any service in the armed forces by an of local government that are using Blue SEC. 810. EXTENSION OF LIMITATION ON AGGRE- Alert plans; individual described in paragraph (1) while GATE ANNUAL AMOUNT AVAILABLE participating in a program under this section FOR CONTRACT SERVICES. (B) establish voluntary guidelines for shall be treated as qualifying the individual Section 808 of the National Defense Au- States and units of local government to use for education assistance under provisions of thorization Act for Fiscal Year 2012 (Public in developing Blue Alert plans that will pro- law referred to in that paragraph to the ex- Law 112–81; 125 Stat. 1489), as amended by mote compatible and integrated Blue Alert tent provided in such provisions of law. section 802 of the National Defense Author- plans throughout the United States, includ- ‘‘(i) COMMENCEMENT OF SERVICE REQUIRE- ization Act for Fiscal Year 2014 (Public Law ing— MENT.—The service requirement of an indi- 113–66; 127 Stat. 804) is further amended— (i) a list of the resources necessary to es- vidual pursuant to subsection (d)(5) shall (1) in subsections (a) and (b), by striking tablish a Blue Alert plan; commence as follows: ‘‘or 2014’’ and inserting ‘‘2014, or 2015’’; (ii) criteria for evaluating whether a situa- ‘‘(1) When the individual obtains the bach- (2) in subsection (c)(3), by striking ‘‘and tion warrants issuing a Blue Alert; elor’s or associate’s degree, or completes the 2014’’ and inserting ‘‘2014, and 2015’’; (iii) guidelines to protect the privacy, dig- course of education described in subsection (3) in subsection (d)(4), by striking ‘‘or nity, independence, and autonomy of any law (d)(3)(B), for which the individual was paid 2014’’ and inserting ‘‘2014, or 2015’’; and enforcement officer who may be the subject educational assistance under this section. (4) in subsection (e), by striking ‘‘2014’’ and of a Blue Alert and the family of the law en- ‘‘(2) If the individual ceases pursuit on a inserting ‘‘2015’’. forcement officer; full-time basis of a course of education at an (iv) guidelines that a Blue Alert should institution of higher education as agreed to SA 3433. Mr. CARDIN submitted an only be issued with respect to a law enforce- ment officer if— pursuant to subsection (d)(3). amendment intended to be proposed by ‘‘(3) If the individual otherwise fails the ob- (I) the law enforcement agency involved— him to the bill S. 2410, to authorize ap- (aa) confirms— tain a bachelor’s or associate’s degree, or propriations for fiscal year 2015 for course of education described in subsection (AA) the death or serious injury of the law (d)(3)(B), as so agreed to. military activities of the Department enforcement officer; or ‘‘(j) REPAYMENT.—An individual who par- of Defense, for military construction, (BB) the attack on the law enforcement of- ticipates in a program under this section and and for defense activities of the De- ficer and that there is an indication of the who fails to complete the equivalent of a sin- partment of Energy, to prescribe mili- death or serious injury of the officer; or gle academic year of education pursuant to tary personnel strengths for such fiscal (bb) concludes that the law enforcement subsection (d)(3) or complete the period of officer is missing in the line of duty; year, and for other purposes; which was (II) there is an indication of serious injury service or meet the types or conditions of ordered to lie on the table; as follows: serve for which educational assistance was to or death of the law enforcement officer; provided the individual under the program, At the end of subtitle H of title X, add the (III) the suspect involved has not been ap- as specified in the written agreement of the following: prehended; and individual under subsection (d), shall be sub- SEC. 1087. NATIONAL BLUE ALERT COMMUNICA- (IV) there is sufficient descriptive informa- ject to the repayment provisions of section TIONS NETWORK. tion of the suspect involved and any relevant 373 of title 37. (a) SHORT TITLE.—This section may be vehicle and tag numbers; ‘‘(k) FUNDING.—Amounts available to the cited as the ‘‘National Blue Alert Act of (v) guidelines— Secretary of the military department con- 2014’’. (I) that information relating to a law en- cerned for the payment of recruitment and (b) DEFINITIONS.—In this section: forcement officer who is seriously injured or retention bonuses and special pays shall be (1) COORDINATOR.—The term ‘‘Coordinator’’ killed in the line of duty should be provided available to such Secretary to carry out a means the Blue Alert Coordinator of the De- to the National Crime Information Center program under this section. partment of Justice designated under sub- database operated by the Federal Bureau of ‘‘(l) DEFINITIONS.—In this section: section (d)(1). Investigation under section 534 of title 28, ‘‘(1) The term ‘entry level and skill train- (2) BLUE ALERT.—The term ‘‘Blue Alert’’ United States Code, and any relevant crime ing’ means the following: means information relating to the serious in- information repository of the State involved; ‘‘(A) In the case of members of the Army jury or death of a law enforcement officer in (II) that a Blue Alert should, to the max- National Guard of the United States or the the line of duty sent through the network. imum extent practicable (as determined by Army Reserve, Basic Combat Training and (3) BLUE ALERT PLAN.—The term ‘‘Blue the Coordinator in consultation with law en- Advanced Individual Training or One Station Alert plan’’ means the plan of a State, unit forcement agencies of States and units of Unit Training. of local government, or Federal agency par- local governments), be limited to the geo- ‘‘(B) In the case of members of the Navy ticipating in the network for the dissemina- graphic areas most likely to facilitate the Reserve, Recruit Training (or Boot Camp) tion of information received as a Blue Alert. apprehension of the suspect involved or and Skill Training (or so-called ‘A School’). (4) LAW ENFORCEMENT OFFICER.—The term which the suspect could reasonably reach, ‘‘(C) In the case of members of the Air Na- ‘‘law enforcement officer’’ shall have the which should not be limited to State lines; tional Guard of the United States of the Air same meaning as in section 1204(6) of the (III) for law enforcement agencies of States Force Reserve, Basic Military Training and Omnibus Crime Control and Safe Streets Act or units of local government to develop plans Technical Training. of 1968 (42 U.S.C. 3796b(6)). to communicate information to neighboring ‘‘(D) In the case of members of the Marine (5) NETWORK.—The term ‘‘network’’ means States to provide for seamless communica- Corps Reserve, Recruit Training and Marine the Blue Alert communications network es- tion of a Blue Alert; and Corps Training (or School of Infantry Train- tablished by the Attorney General under (IV) providing that a Blue Alert should be ing). subsection (c). suspended when the suspect involved is ap- ‘‘(2) The term ‘institution of higher edu- (6) STATE.—The term ‘‘State’’ means each prehended or when the law enforcement cation’ has the meaning given that term in of the 50 States, the District of Columbia, agency involved determines that the Blue section 102 of the Higher Education Act of the Commonwealth of Puerto Rico, the Alert is no longer effective; and 1965 (20 U.S.C. 1002).’’. United States Virgin Islands, Guam, Amer- (vi) guidelines for—

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(I) the issuance of Blue Alerts through the (4) COOPERATION WITH OTHER AGENCIES.— SEC. 557. PRIVILEGE AGAINST DISCLOSURE OF network; and The Coordinator shall cooperate with the COMMUNICATIONS BETWEEN A VIC- (II) the extent of the dissemination of Secretary of Homeland Security, the Sec- TIM OF SEXUAL ASSAULT AND PER- retary of Transportation, the Chairman of SONNEL OF THE DEPARTMENT OF alerts issued through the network; DEFENSE SAFE HELPLINE AND DE- (C) develop protocols for efforts to appre- the Federal Communications Commission, PARTMENT OF DEFENSE SAFE hend suspects that address activities during and appropriate offices of the Department of HELPROOM. the period beginning at the time of the ini- Justice in carrying out activities under this Not later than one year after the date of tial notification of a law enforcement agency section. the enactment of this Act, the Military that a suspect has not been apprehended and (5) RESTRICTIONS ON COORDINATOR.—The Co- Rules of Evidence shall be modified to estab- ending at the time of apprehension of a sus- ordinator may not— lish a privilege against the disclosure of pect or when the law enforcement agency in- (A) perform any official travel for the sole communications between the victim of a sex- volved determines that the Blue Alert is no purpose of carrying out the duties of the Co- ual assault and personnel of the Department longer effective, including protocols regu- ordinator; of Defense Safe Helpline, and between the lating— (B) lobby any officer of a State regarding victim of a sexual assault and personnel of (i) the use of public safety communica- the funding or implementation of a Blue the Department of Defense Safe HelpRoom, tions; Alert plan; or with respect to such sexual assault. (ii) command center operations; and (C) host a conference focused solely on the (iii) incident review, evaluation, debrief- Blue Alert program that requires the expend- SA 3437. Ms. COLLINS submitted an ing, and public information procedures; iture of Federal funds. amendment intended to be proposed by (D) work with States to ensure appropriate (6) REPORTS.—Not later than 1 year after the date of enactment of this section, and her to the bill S. 2410, to authorize ap- regional coordination of various elements of propriations for fiscal year 2015 for the network; annually thereafter, the Coordinator shall (E) establish an advisory group to assist submit to Congress a report on the activities military activities of the Department States, units of local government, law en- of the Coordinator and the effectiveness and of Defense, for military construction, forcement agencies, and other entities in- status of the Blue Alert plans that are in ef- and for defense activities of the De- volved in the network with initiating, facili- fect or being developed. partment of Energy, to prescribe mili- tating, and promoting Blue Alert plans, tary personnel strengths for such fiscal which shall include— SA 3434. Mr. CARDIN submitted an amendment intended to be proposed by year, and for other purposes; which was (i) to the maximum extent practicable, ordered to lie on the table; as follows: representation from the various geographic him to the bill S. 2410, to authorize ap- regions of the United States; and propriations for fiscal year 2015 for At the end of subtitle F of title III, add the (ii) members who are— military activities of the Department following: (I) representatives of a law enforcement or- of Defense, for military construction, SEC. 354. AUTHORITY FOR NATIONAL GUARD BU- REAU ACQUISITION OF CERTAIN ganization representing rank-and-file offi- and for defense activities of the De- cers; DUAL USE EQUIPMENT IDENTIFIED partment of Energy, to prescribe mili- AS SIGNIFICANT MAJOR ITEMS (II) representatives of other law enforce- tary personnel strengths for such fiscal SHORTAGES. ment agencies and public safety communica- Notwithstanding any other provision of tions; year, and for other purposes; which was ordered to lie on the table; as follows: law, during fiscal year 2015, the National (III) broadcasters, first responders, dis- Guard Bureau may acquire the modification, At the end of subtitle D of title VIII, add patchers, and radio station personnel; and repair, recapitalization, modernization, or the following: (IV) representatives of any other individ- upgrade of critical dual use equipment iden- uals or organizations that the Coordinator SEC. 864. SBA SURETY BOND GUARANTEE. tified as ‘‘Significant Major Items Short- Section 411(c)(1) of the Small Business In- determines are necessary to the success of ages’’ from the Readiness Sustainment Main- vestment Act of 1958 (15 U.S.C. 694b(c)(1)) is the network; tenance Sites utilizing funds appropriated amended by striking ‘‘70’’ and inserting ‘‘90’’. (F) act as the nationwide point of contact within the National Guard and Reserve for— equipment appropriation, including (i) the development of the network; and SA 3435. Mr. CARDIN submitted an amendment intended to be proposed by semitrailer recapitalization, High Mobility (ii) regional coordination of Blue Alerts Multi-Purpose Wheeled Vehicle ambulance through the network; and him to the bill S. 2410, to authorize ap- recapitalization, construction engineer (G) determine— propriations for fiscal year 2015 for equipment, combat mobility, and Palletized (i) what procedures and practices are in use military activities of the Department Loading Systems. for notifying law enforcement and the public of Defense, for military construction, when a law enforcement officer is killed or and for defense activities of the De- SA 3438. Ms. MURKOWSKI submitted seriously injured in the line of duty; and partment of Energy, to prescribe mili- (ii) which of the procedures and practices an amendment intended to be proposed are effective and that do not require the ex- tary personnel strengths for such fiscal by her to the bill S. 2410, to authorize penditure of additional resources to imple- year, and for other purposes; which was appropriations for fiscal year 2015 for ment. ordered to lie on the table; as follows: military activities of the Department (3) LIMITATIONS.— At the end of subtitle C of title II, add the of Defense, for military construction, (A) VOLUNTARY PARTICIPATION.—The guide- following: and for defense activities of the De- lines established under paragraph (2)(B), pro- SEC. 223. REPORT ON INTERAGENCY INTEROPER- partment of Energy, to prescribe mili- tocols developed under paragraph (2)(C), and ABILITY FOR RESEARCH AND DE- tary personnel strengths for such fiscal other programs established under paragraph VELOPMENT. (2), shall not be mandatory. Not later than 180 days after the date of year, and for other purposes; which was (B) DISSEMINATION OF INFORMATION.—The the enactment of this Act, the Secretary of ordered to lie on the table; as follows: guidelines established under paragraph (2)(B) Defense shall submit to the congressional de- At the end of subtitle C of title VII, add shall, to the maximum extent practicable (as fense committees a report on interagency the following: interoperability of research and develop- determined by the Coordinator in consulta- SEC. 737. EXTENSION OF QUALIFICATION OF CER- tion with law enforcement agencies of States ment, including on how the Secretary can TAIN MENTAL HEALTH COUNSELORS and units of local government), provide that encourage innovation, strengthen collabora- UNDER THE TRICARE PROGRAM. appropriate information relating to a Blue tion, and realize cost savings in scientific re- (a) IN GENERAL.—Notwithstanding the in- Alert is disseminated to the appropriate offi- search. terim final rule entitled ‘‘TRICARE: Cer- cials of law enforcement agencies, public tified Mental Health Counselors’’ prescribed health agencies, and other agencies. SA 3436. Ms. COLLINS submitted an by the Secretary of Defense and published on (C) PRIVACY AND CIVIL LIBERTIES PROTEC- amendment intended to be proposed by December 27, 2011, or any other provision of TIONS.—The guidelines established under her to the bill S. 2410, to authorize ap- law— paragraph (2)(B) shall— propriations for fiscal year 2015 for (1) any mental health counselor who is, as (i) provide mechanisms that ensure that military activities of the Department of October 1, 2014, a qualified mental health Blue Alerts comply with all applicable Fed- of Defense, for military construction, provider under section 199.4 of title 32, Code eral, State, and local privacy laws and regu- and for defense activities of the De- of Federal Regulations, only while prac- lations; and partment of Energy, to prescribe mili- ticing under the supervision of a physician, (ii) include standards that specifically pro- shall continue to be a qualified mental vide for the protection of the civil liberties, tary personnel strengths for such fiscal health provider under such section for pur- including the privacy, of law enforcement of- year, and for other purposes; which was poses of the TRICARE program until not ficers who are seriously injured or killed in ordered to lie on the table; as follows: earlier than December 31, 2015, if such men- the line of duty and the families of the offi- At the end of subtitle E of title V, the fol- tal health counselor maintains all qualifica- cers. lowing: tions to serve as a qualified mental health

VerDate Mar 15 2010 05:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.061 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4186 CONGRESSIONAL RECORD — SENATE June 26, 2014 provider under such section (including prac- (9) A description of the obstacles faced by ‘‘(10) Any individual— ticing under the supervision of a physician); mental health counselors described in para- ‘‘(A) who— and graph (2) who seek to become certified men- ‘‘(i) was naturalized pursuant to section (2) any mental health counselor described tal health counselors, including obstacles re- 2(1) of the Hmong Veterans’ Naturalization in paragraph (1) shall remain eligible for re- lated to such mental health counselors not Act of 2000 (Public Law 106–207; 8 U.S.C. 1423 imbursement under the TRICARE program having graduated from an educational pro- note); and while continuing to qualify as a mental gram certified by the Council of Accredita- ‘‘(ii) at the time of the individual’s death health provider under such section, in ac- tion of Counseling and Related Educational resided in the United States; or cordance with such paragraph. Programs. ‘‘(B) who— (b) REPORT.—Not later than 90 days after (10) A description of any modifications to ‘‘(i) the Secretary determines served with a the date of the enactment of this Act, the regulations that the Secretary intends to special guerrilla unit or irregular forces op- Secretary of Defense shall submit to the con- propose or implement in light of the fol- erating from a base in Laos in support of the gressional defense committees a report set- lowing: Armed Forces of the United States at any ting forth the following: (A) The extension of qualification required time during the period beginning February (1) The number of certified mental health by subsection (a). 28, 1961, and ending May 7, 1975; and counselors who are available to provide men- (B) The matters covered by the report. ‘‘(ii) at the time of the individual’s death— tal health counseling to beneficiaries of the (c) CERTIFIED MENTAL HEALTH COUNSELOR ‘‘(I) was a citizen of the United States or TRICARE program, disaggregated by State DEFINED.—In this section, the term ‘‘cer- an alien lawfully admitted for permanent and territory of the United States. tified mental health counselor’’ has the residence in the United States; and (2) The number of mental health coun- meaning given such term in section ‘‘(II) resided in the United States.’’. selors who are, as of the date of the sub- 199.6(c)(3)(iii)(N) of title 32, Code of Federal (b) EFFECTIVE DATE.—The amendment mittal of the report, qualified mental health Regulations. made by subsection (a) shall apply with re- providers under section 199.4 of title 32, Code spect to an individual dying on or after the of Federal Regulations, in accordance with SA 3439. Ms. MURKOWSKI submitted date of the enactment of this Act. subsection (a)(1), only while practicing under an amendment intended to be proposed the supervision of a physician, disaggregated by her to the bill S. 2410, to authorize SA 3441. Mr. CASEY (for himself and by State and territory of the United States. appropriations for fiscal year 2015 for Mr. BOOKER) submitted an amendment (3) An assessment of whether a sufficient military activities of the Department intended to be proposed by him to the number of certified mental health counselors of Defense, for military construction, bill H.R. 4660, making appropriations will be available to provide mental health and for defense activities of the De- for the Departments of Commerce and counseling to beneficiaries of the TRICARE partment of Energy, to prescribe mili- Justice, Science, and Related Agencies program after December 31, 2015, or any later for the fiscal year ending September 30, date to which the Secretary extends the tary personnel strengths for such fiscal qualification of mental health counselors de- year, and for other purposes; which was 2015, and for other purposes; which was scribed in paragraph (2) as qualified mental ordered to lie on the table; as follows: ordered to lie on the table; as follows: health providers pursuant to subsection At the end of subtitle C of title XVI, add On page 53, line 10, strike ‘‘$257,500,000’’ and (a)(1), with emphasis on the availability of the following: insert ‘‘$294,500,000’’. certified mental health counselors— SEC. 1632. ALLOCATION OF FUNDING FOR CER- On page 53, line 21, strike ‘‘$53,000,000’’ and (A) in Alaska; TAIN COMMERCIALLY LICENSED insert ‘‘$90,000,000’’. (B) in predominantly rural States; SPACEPORTS AND RANGE COM- (C) in rural communities of States that are PLEXES. SA 3442. Mr. REID (for Mr. BOOZMAN) not predominantly rural States; and (a) SENSE OF CONGRESS.—Congress finds proposed an amendment to the bill S. (D) in the territories of the United States. that it is critical to continue to support the 2076, to amend the provisions of title (4) A description and assessment of the national security priorities of the United 46, United States Code, related to the availability of the following: States by preserving launch range capabili- Board of Visitors to the United States ties that support access to space. (A) Mental health counseling and training Merchant Marine Academy, and for programs accredited by the Council for Ac- (b) ALLOCATION OF FUNDING FOR SPACE creditation of Counseling and Related Edu- LAUNCH CAPABILITY.—Of the funds authorized other purposes; as follows: cational Programs. to be appropriated by this Act for fiscal year On page 3, strike lines 10 and 11. (B) Certified mental health counselors in 2015 for infrastructure and overhead for On page 7, strike lines 1 and 2. States and territories of the United States in space launch capabilities, $10,000,000 shall be which such programs are not available. available for spaceports and launch and SA 3443. Mr. REID (for Mr. COONS) (5) An assessment of the costs and benefits range complexes that— proposed an amendment to the bill S. of requiring beneficiaries of the TRICARE (1) are commercially licensed by the Fed- 1799, to reauthorize subtitle A of the program to abandon existing patient rela- eral Aviation Administration; Victims of Child Abuse Act of 1990; as tionships with mental health counselors de- (2) receive funding from the government of follows: scribed in paragraph (2) after December 31, the State or locality in which the spaceport Strike all after the enacting clause and in- 2015, or any later date described in paragraph or complex is located; sert the following: (3), including an assessment of the impact of (3) have launched national security pay- that requirement on the continuity of men- loads; and SECTION 1. SHORT TITLE. tal health care to such beneficiaries. (4) have the capacity to provide mid-to-low This Act may be cited as the ‘‘Victims of (6) A description of any evidence available inclination orbits or polar-to-high inclina- Child Abuse Act Reauthorization Act of to the Secretary suggesting that patients of tion orbits in support of the national secu- 2013’’. mental health counselors described in para- rity space program. SEC. 2. IMPROVING INVESTIGATION AND PROS- graph (2) under the TRICARE program are ECUTION OF CHILD ABUSE CASES. dissatisfied with their professional relation- SA 3440. Ms. MURKOWSKI submitted (a) REAUTHORIZATION.—Section 214B of the ships with such counselors. an amendment intended to be proposed Victims of Child Abuse Act of 1990 (42 U.S.C. (7) A justification for the determination by by her to the bill S. 2410, to authorize 13004) is amended— the Secretary that it is necessary to elimi- appropriations for fiscal year 2015 for (1) in subsection (a), by striking ‘‘fiscal nate the qualification of mental health coun- military activities of the Department years 2004 and 2005’’ and inserting ‘‘fiscal years 2014, 2015, 2016, 2017, and 2018’’; and selors described in paragraph (2) under the of Defense, for military construction, TRICARE program to maintain high-quality (2) in subsection (b), by striking ‘‘fiscal services under such program, including and for defense activities of the De- years 2004 and 2005’’ and inserting ‘‘fiscal whether evidence is available to the Sec- partment of Energy, to prescribe mili- years 2014, 2015, 2016, 2017, and 2018’’. retary demonstrating that a statistically tary personnel strengths for such fiscal (b) ACCOUNTABILITY.—Subtitle A of the significant number of such mental health year, and for other purposes; which was Victims of Child Abuse Act of 1990 (42 U.S.C. counselors currently credentialed as quali- ordered to lie on the table; as follows: 13001 et seq.) is amended by adding at the end the following: fied mental health providers under such pro- At the end of subtitle H of title X, add the gram are providing substandard care to bene- following: ‘‘SEC. 214C. ACCOUNTABILITY. ficiaries of such program. ‘‘All grants awarded by the Administrator SEC. 1087. ELIGIBILITY FOR INTERMENT IN NA- (8) An assessment of whether it is equi- TIONAL CEMETERIES OF INDIVID- under this subtitle shall be subject to the table to terminate experienced mental UALS WHO SUPPORTED UNITED following accountability provisions: health counselors described in paragraph (2) STATES IN LAOS DURING VIETNAM ‘‘(1) AUDIT REQUIREMENT.— from further participation under the WAR ERA. ‘‘(A) DEFINITION.—In this paragraph, the TRICARE program in favor of potentially (a) IN GENERAL.—Section 2402(a) of title 38, term ‘unresolved audit finding’ means a find- less experienced certified mental health United States Code, is amended by adding at ing in the final audit report of the Inspector counselors. the end the following new paragraph: General of the Department of Justice that

VerDate Mar 15 2010 05:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.063 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 26, 2014 CONGRESSIONAL RECORD — SENATE S4187 the audited grantee has utilized grant funds a written estimate of all costs associated bills: S. 2442, A bill to direct the Sec- for an unauthorized expenditure or otherwise with the conference, including the cost of all retary of the Interior to take certain unallowable cost that is not closed or re- food and beverages, audiovisual equipment, land and mineral rights on the reserva- solved within 12 months from the date when honoraria for speakers, and any entertain- tion of the Northern Cheyenne Tribe of the final audit report is issued and any ap- ment. Montana and other culturally impor- peal has been completed. ‘‘(C) REPORT.—The Deputy Attorney Gen- ‘‘(B) AUDIT.—The Inspector General of the eral shall submit an annual report to the tant land into trust for the benefit of Department of Justice shall conduct audits Committee on the Judiciary of the Senate the Northern Cheyenne Tribe, and for of recipients of grants under this subtitle to and the Committee on the Judiciary of the other purposes; S. 2465, A bill to re- prevent waste, fraud, and abuse of funds by House of Representatives on all approved quire the Secretary of the Interior to grantees. The Inspector General shall deter- conference expenditures referenced in this take into trust 4 parcels of Federal mine the appropriate number of grantees to paragraph.’’. land for the benefit of certain Indian be audited each year. SEC. 3. CRIME VICTIMS FUND. Pueblos in the State of New Mexico; S. ‘‘(C) MANDATORY EXCLUSION.—A recipient Section 1402(d)(3) of the Victims of Crime 2479, A bill to provide for a land con- of grant funds under this subtitle that is Act of 1984 (42 U.S.C. 10601(d)(3)) is amend- veyance in the State of Nevada; S. 2480, found to have an unresolved audit finding ed— shall not be eligible to receive grant funds A bill to require the Secretary of the (1) by inserting ‘‘(A)’’ before ‘‘Of the Interior to convey certain Federal land under this subtitle during the following 2 fis- sums’’; and cal years. (2) by striking ‘‘available for the United to Elko County, Nevada, and to take ‘‘(D) PRIORITY.—In awarding grants under States Attorneys Offices’’ and all that fol- land into trust for certain Indian this subtitle, the Administrator shall give lows and inserting the following: ‘‘available tribes, and for other purposes; and S. priority to eligible entities that did not have only for— 2503, A bill to direct the Secretary of an unresolved audit finding during the 3 fis- ‘‘(i) the United States Attorneys Offices the Interior to enter into the Big cal years prior to submitting an application and the Federal Bureau of Investigation to Sandy River-Planet Ranch Water for a grant under this subtitle. provide and improve services for the benefit ‘‘(E) REIMBURSEMENT.—If an entity is Rights Settlement Agreement and the of crime victims in the Federal criminal jus- awarded grant funds under this subtitle dur- Hualapai Tribe Bill Williams River tice system (as described in 3771 of title 18, ing the 2-fiscal-year period in which the enti- Water Rights Settlement Agreement, United States Code, and section 503 of the ty is barred from receiving grants under to provide for the lease of certain land Victims’ Rights and Restitution Act of 1990 paragraph (2), the Administrator shall— (42 U.S.C. 10607)) through victim coordina- located within Planet Ranch on the ‘‘(i) deposit an amount equal to the grant tors, victims’ specialists, and advocates, in- Bill Williams River in the State of Ari- funds that were improperly awarded to the cluding for the administrative support of vic- zona to benefit the Lower Colorado grantee into the General Fund of the Treas- tim coordinators and advocates providing River Multi-Species Conservation Pro- ury; and such services; and ‘‘(ii) seek to recoup the costs of the repay- gram, and to provide for the settlement ment to the fund from the grant recipient ‘‘(ii) a Victim Notification System. of specific water rights claims in the that was erroneously awarded grant funds. ‘‘(B) Amounts made available under sub- Bill Williams River watershed in the paragraph (A) may not be used for any pur- ‘‘(2) NONPROFIT ORGANIZATION REQUIRE- State of Arizona. pose that is not specified in clause (i) or (ii) MENTS.— Those wishing additional information of subparagraph (A).’’. ‘‘(A) DEFINITION.—For purposes of this may contact the Indian Affairs Com- paragraph, the term ‘nonprofit organization’ f mittee at (202) 224–2251. means an organization that is described in NOTICES OF HEARINGS COMMITTEE ON INDIAN AFFAIRS section 501(c)(3) of the Internal Revenue Code Mr. TESTER. Mr. President, I would of 1986 and is exempt from taxation under COMMITTEE ON ENERGY AND NATURAL section 501(a) of such Code. RESOURCES like to announce that the Committee on Indian Affairs will meet during the ‘‘(B) PROHIBITION.—The Administrator may Ms. LANDRIEU. Mr. President, I not award a grant under any grant program would like to announce for the infor- session of the Senate on Wednesday, July 16, 2014, in room SD–628 of the described in this subtitle to a nonprofit orga- mation of the Senate and the public nization that holds money in offshore ac- Dirksen Senate Office Building, at 2:30 that a field hearing has been scheduled counts for the purpose of avoiding paying the p.m., to conduct an oversight hearing before the Senate Committee on En- tax described in section 511(a) of the Internal entitled ‘‘Improving the Trust System: ergy and Natural Resources. The hear- Revenue Code of 1986. Continuing Oversight of the Depart- ‘‘(C) DISCLOSURE.—Each nonprofit organi- ing will be held on Monday, July 7, ment of the Interior’s Land Buy-Back zation that is awarded a grant under this 2014, at 1:30 p.m. in the Cajundome Con- Program.’’ subtitle and uses the procedures prescribed vention Center, 444 Cajundome Blvd., in regulations to create a rebuttable pre- Those wishing additional information Lafayette, LA 70506. may contact the Indian Affairs Com- sumption of reasonableness for the com- The purpose of the hearing is to ex- pensation of its officers, directors, trustees mittee at (202) 224–2251. amine Outer Continental Shelf produc- and key employees, shall disclose to the Ad- COMMITTEE ON INDIAN AFFAIRS ministrator, in the application for the grant, tion and to identify what actions the Mr. TESTER. Mr. President, I would the process for determining such compensa- Federal Government can take to maxi- like to announce that the Committee tion, including the independent persons in- mize the opportunities and minimize on Indian Affairs will meet during the volved in reviewing and approving such com- the challenges. session of the Senate on Wednesday, pensation, the comparability data used, and Because of the limited time available contemporaneous substantiation of the de- July 23, 2014, in room SD–628 of the for the hearing, witnesses may testify Dirksen Senate Office Building, at 2:30 liberation and decision. Upon request, the by invitation only. However, those Administrator shall make the information p.m., to conduct an oversight hearing disclosed under this subparagraph available wishing to submit written testimony entitled ‘‘Indian Gaming: The Next 25 for public inspection. for the hearing record should send it to Years.’’ ‘‘(3) CONFERENCE EXPENDITURES.— the Committee on Energy and Natural Those wishing additional information ‘‘(A) LIMITATION.—No amounts authorized Resources, U.S. Senate, 304 Dirksen may contact the Indian Affairs Com- to be appropriated to the Department of Jus- Senate Office Building, Washington, mittee at (202) 224–2251. tice under this subtitle may be used by the DC 20510–6150, or by email to her- Administrator, or by any individual or orga- COMMITTEE ON INDIAN AFFAIRS [email protected]. Mr. TESTER. Mr. President, I would nization awarded discretionary funds For further information, please con- through a cooperative agreement under this like to announce that the Committee Act, to host or support any expenditure for tact Herman Gesser, III, at (202) 224– on Indian Affairs will meet during the conferences that uses more than $20,000 in 7826, or Clayton Allen at (202) 224–8164. session of the Senate on Wednesday, Department funds, unless the Deputy Attor- COMMITTEE ON INDIAN AFFAIRS July 30, 2014, in room SD–628 of the ney General or such Assistant Attorney Gen- Mr. TESTER. Mr. President, I would Dirksen Senate Office Building, at 2:30 erals, Directors, or principal deputies as the like to announce that the Committee p.m., to conduct an oversight hearing Deputy Attorney General may designate, in- on Indian Affairs will meet during the entitled ‘‘When Catastrophe Strikes: cluding the Administrator, provides prior session of the Senate on Wednesday, written authorization through an award Responses to Natural Disasters in In- process or subsequent application that the July 9, 2014, in room SD–628 of the dian Country.’’ funds may be expended to host a conference. Dirksen Senate Office Building, at 2:30 Those wishing additional information ‘‘(B) WRITTEN APPROVAL.—Written ap- p.m., to conduct a legislative hearing may contact the Indian Affairs Com- proval under subparagraph (A) shall include to receive testimony on the following mittee at (202) 224–2251.

VerDate Mar 15 2010 05:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.062 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4188 CONGRESSIONAL RECORD — SENATE June 26, 2014 AUTHORITY FOR COMMITTEES TO proceed to the consideration of S. 2076, ‘‘(E) the Commander of the Military Sea- MEET Calendar No. 375. lift Command; ‘‘(F) the Assistant Commandant for Pre- COMMITTEE ON COMMERCE, SCIENCE, AND The PRESIDING OFFICER. The clerk will report the bill by title. vention Policy of the United States Coast TRANSPORTATION Guard; The assistant legislative clerk read Mrs. MURRAY. Mr. President, I ask ‘‘(G) 4 individuals appointed by the Presi- unanimous consent that the Com- as follows: dent; and mittee on Commerce, Science, and A bill (S. 2076) to amend the provisions of ‘‘(H) as ex officio members— Transportation be authorized to meet title 46, United States Code, related to the ‘‘(i) the chairman of the Committee on during the session of the Senate on Board of Visitors to the United States Mer- Commerce, Science, and Transportation of June 26, 2014, at 10:30 a.m., in room SR– chant Marine Academy, and for other pur- the Senate; poses. 253 of the Russell Senate Office Build- ‘‘(ii) the chairman of the Committee on Armed Services of the House of Representa- ing to conduct a hearing entitled ‘‘The There being no objection, the Senate proceeded to consider the bill. tives; State of the U.S. Travel and Tourism ‘‘(iii) the chairman of the Advisory Board Industry: Federal Efforts to Attract 100 Mr. REID. Madam President, I ask unanimous consent that the Boozman to the Academy established under section Million Visitors Annually.’’ 51313; and The PRESIDING OFFICER. Without amendment at the desk be agreed to, ‘‘(iv) the member of the House of Rep- objection, it is so ordered. the bill, as amended, be read a third resentatives in whose congressional district COMMITTEE ON FINANCE time and passed, and the motion to re- the Academy is located, as a non-voting Mrs. MURRAY. Mr. President, I ask consider be considered made and laid member, unless such member of the House of unanimous consent that the Com- upon the table. Representatives is appointed as a voting member of the Board under subparagraph (B) mittee on Finance be authorized to The PRESIDING OFFICER. Without objection, it is so ordered. or (D). meet during the session of the Senate ‘‘(2) PRESIDENTIAL APPOINTEES.—Of the in- on June 26, 2014, at 10 a.m., room SD– The amendment (No. 3442) was agreed to, as follows: dividuals appointed by the President under 215 of the Dirksen Senate Office Build- paragraph (1)(H)— ing, to conduct a hearing entitled ‘‘The (Purpose: To strike the requirement that the ‘‘(A) at least 2 shall be graduates of the Preserving American’s Transit and Commander of the United States Transpor- Academy; Highways Act.’’ tation Command be a member of the Board ‘‘(B) at least 1 shall be a senior corporate of Visitors to the United States Merchant officer from a United States maritime ship- The PRESIDING OFFICER. Without Marine Academy and that a substitute objection, it is so ordered. ping company that participates in the Mari- member of the Board be an officer of the time Security Program, or in any Maritime COMMITTEE ON FOREIGN RELATIONS United States Transportation Command) Administration program providing incen- Mrs. MURRAY. Mr. President, I ask On page 3, strike lines 10 and 11. tives for companies to register their vessels unanimous consent that the Com- On page 7, strike lines 1 and 2. in the United States, and this appointment mittee on Foreign Relations be author- The bill (S. 2076), as amended, was or- shall rotate biennially among such compa- ized to meet during the session of the dered to be engrossed for a third read- nies; and Senate on June 26, 2014, at 2 p.m. ‘‘(C) 1 or more may be a Senate-confirmed ing, was read the third time, and Presidential appointee, a member of the Sen- The PRESIDING OFFICER. Without passed, as follows: objection, it is so ordered. ior Executive Service, or an officer of flag- S. 2076 rank who from the United States Coast COMMITTEE ON HEALTH, EDUCATION, LABOR AND Be it enacted by the Senate and House of Rep- Guard, the National Oceanic and Atmos- PENSIONS resentatives of the United States of America in pheric Administration, or any of the mili- Mrs. MURRAY. Mr. President, I ask Congress assembled, tary services that commission graduates of unanimous consent that the Com- SECTION 1. SHORT TITLE. the Academy, exclusive of the Board mem- mittee on Health, Education, Labor, This Act may be cited as the ‘‘U.S. Mer- bers described in subparagraph (E), (F), or and Pensions be authorized to meet, chant Marine Academy Board of Visitors En- (G) of paragraph (1). ERM OF SERVICE.—Each member of during the session of the Senate on hancement Act’’. ‘‘(3) T June 26, 2014, at 10 a.m. in room SD–430 the Board shall serve for a term of 2 years SEC. 2. UNITED STATES MERCHANT MARINE commencing at the beginning of each Con- ACADEMY BOARD OF VISITORS. of the Dirksen Senate Office Building, gress, except that any member whose term Section 51312 of title 46, United States to conduct a hearing entitled ‘‘Sexual on the Board has expired shall continue to Code, is amended to read as follows: Assault on Campus: Working to Ensure serve until a successor is designated. Student Safety.’’ ‘‘§ 51312. Board of Visitors ‘‘(4) VACANCIES.—If a member of the Board The PRESIDING OFFICER. Without ‘‘(a) IN GENERAL.—A Board of Visitors to is no longer able to serve on the Board or re- objection, it is so ordered. the United States Merchant Marine Acad- signs, the Designated Federal Officer se- COMMITTEE ON THE JUDICIARY emy (referred to in this section as the lected under subsection (g)(2) shall imme- Mrs. MURRAY. Mr. President, I ask ‘Board’ and the ‘Academy’, respectively) diately notify the official who appointed shall be established to provide independent such member. Not later than 60 days after unanimous consent that the Com- advice and recommendations on matters re- that notification, such official shall des- mittee on the Judiciary be authorized lating to the United States Merchant Marine ignate a replacement to serve the remainder to meet during the session of the Sen- Academy. of such member’s term. ate, on June 26, 2014, at 9:30 a.m., in ‘‘(b) APPOINTMENT AND MEMBERSHIP.— ‘‘(5) CURRENT MEMBERS.—Each member of SD–226 of the Dirksen Senate Office ‘‘(1) IN GENERAL.—Not later than 60 days the Board serving as a member of the Board Building, to conduct an executive busi- after the date of the enactment of the U.S. on the date of the enactment of the U.S. ness meeting. Merchant Marine Academy Board of Visitors Merchant Marine Academy Board of Visitors The PRESIDING OFFICER. Without Enhancement Act, the Board shall be com- Enhancement Act shall continue to serve on objection, it is so ordered. posed of— the Board for the remainder of such mem- ‘‘(A) 2 Senators appointed by the chair- ber’s term. f man, in consultation with the ranking mem- ‘‘(6) DESIGNATION AND RESPONSIBILITY OF PRIVILEGES OF THE FLOOR ber, of the Committee on Commerce, SUBSTITUTE BOARD MEMBERS.— Science, and Transportation of the Senate; ‘‘(A) AUTHORITY TO DESIGNATE.—A member Mr. MERKLEY. Mr. President, I ask ‘‘(B) 3 members of the House of Represent- of the Board described in subparagraph (E), unanimous consent that my intern, atives appointed by the chairman, in con- (F), or (G) of paragraph (1) or subparagraph Jon Bosworth, be granted floor privi- sultation with the ranking member, of the (B) or (C) of paragraph (2) may, if unable to leges for the balance of the day. Committee on Armed Services of the House attend or participate in an activity described The PRESIDING OFFICER. Without of Representatives; in subsection (d), (e), or (f), designate an- objection, it is so ordered. ‘‘(C) 1 Senator appointed by the Vice Presi- other individual to serve as a substitute dent, who shall be a member of the Com- member of the Board, on a temporary basis, f mittee on Appropriations of the Senate; to attend or participate in such activity. U.S. MERCHANT MARINE ACADEMY ‘‘(D) 2 members of the House of Represent- ‘‘(B) REQUIREMENTS.—A substitute member BOARD OF VISITORS ENHANCE- atives appointed by the Speaker of the House of the Board designated under subparagraph MENT ACT of Representatives, in consultation with the (A) shall be— Minority Leader, at least 1 of whom shall be ‘‘(i) an individual who has been appointed Mr. REID. Madam President, I ask a member of the Committee on Appropria- by the President and confirmed by the Sen- unanimous consent that the Senate tions of the House of Representatives; ate;

VerDate Mar 15 2010 06:27 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.064 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 26, 2014 CONGRESSIONAL RECORD — SENATE S4189 ‘‘(ii) a member of the Senior Executive tional issues, consistent with applicable laws SEC. 2. IMPROVING INVESTIGATION AND PROS- Service; or concerning the disclosure of information. ECUTION OF CHILD ABUSE CASES. ‘‘(iii) an officer of flag-rank who is em- ‘‘(h) STAFF.—Staff members may be des- (a) REAUTHORIZATION.—Section 214B of the ployed by— ignated to serve without reimbursement as Victims of Child Abuse Act of 1990 (42 U.S.C. ‘‘(I) the United States Coast Guard; or staff for the Board by— 13004) is amended— ‘‘(II) the Military Sealift Command. ‘‘(1) the Chairperson of the Board; (1) in subsection (a), by striking ‘‘fiscal ‘‘(C) PARTICIPATION.—A substitute member ‘‘(2) the chairman of the Committee on years 2004 and 2005’’ and inserting ‘‘fiscal of the Board designated under subparagraph Commerce, Science, and Transportation of years 2014, 2015, 2016, 2017, and 2018’’; and (A)— the Senate; and (2) in subsection (b), by striking ‘‘fiscal ‘‘(i) shall be permitted to fully participate ‘‘(3) the chairman of the Committee on years 2004 and 2005’’ and inserting ‘‘fiscal in the proceedings and activities of the Armed Services of the House of Representa- years 2014, 2015, 2016, 2017, and 2018’’. (b) ACCOUNTABILITY.—Subtitle A of the Board; tives. Victims of Child Abuse Act of 1990 (42 U.S.C. ‘‘(ii) shall report back to the member on ‘‘(i) TRAVEL EXPENSES.—While serving 13001 et seq.) is amended by adding at the end the Board’s activities not later than 15 days away from home or regular place of business, the following: following the substitute member’s participa- a member of the Board or a staff member tion in such activities; and designated under subsection (h) shall be al- ‘‘SEC. 214C. ACCOUNTABILITY. ‘‘All grants awarded by the Administrator ‘‘(iii) shall be permitted to participate in lowed travel expenses, including per diem in under this subtitle shall be subject to the the preparation of reports described in para- lieu of subsistence, as authorized under sec- following accountability provisions: graph (j) related to any proceedings or ac- tion 5703 of title 5, United States Code. ‘‘(j) REPORTS.— ‘‘(1) AUDIT REQUIREMENT.— tivities of the Board in which such sub- ‘‘(1) ANNUAL REPORT.—Not later than 60 ‘‘(A) DEFINITION.—In this paragraph, the stitute member participates. days after each annual visit required under term ‘unresolved audit finding’ means a find- ‘‘(c) CHAIRPERSON.— subsection (e)(1), the Board shall submit to ing in the final audit report of the Inspector ‘‘(1) IN GENERAL.—On a biennial basis, the the President a written report of its actions, General of the Department of Justice that Board shall select from among its members, views, and recommendations pertaining to the audited grantee has utilized grant funds a member of the House of Representatives or the Academy. for an unauthorized expenditure or otherwise a Senator to serve as the Chairperson. ‘‘(2) OTHER REPORTS.—If the members of unallowable cost that is not closed or re- ‘‘(2) ROTATION.—A member of the House of the Board visit the Academy under sub- solved within 12 months from the date when Representatives and a member of the Senate section (e)(2), the Board may— the final audit report is issued and any ap- shall alternately serve as the Chair of the ‘‘(A) prepare a report on such visit; and peal has been completed. Board on a biennial basis. ‘‘(B) if approved by a majority of the mem- ‘‘(B) AUDIT.—The Inspector General of the ‘‘(3) TERM.—An individual may not serve as bers of the Board, submit such report to the Department of Justice shall conduct audits Chairperson for more than 1 consecutive President not later than 60 days after the of recipients of grants under this subtitle to term. date of the approval. prevent waste, fraud, and abuse of funds by ‘‘(d) MEETINGS.— ‘‘(3) ADVISORS.—The Board may call in ad- grantees. The Inspector General shall deter- ‘‘(1) IN GENERAL.—The Board shall meet visers— mine the appropriate number of grantees to several times each year as provided for in ‘‘(A) for consultation regarding the execu- be audited each year. the Charter described in paragraph (2)(B), in- tion of the Board’s responsibility under sub- ‘‘(C) MANDATORY EXCLUSION.—A recipient cluding at least 1 meeting held at the Acad- section (f); or of grant funds under this subtitle that is emy. ‘‘(B) to assist in the preparation of a report found to have an unresolved audit finding ‘‘(2) SELECTION AND CONSIDERATION.—Not described in paragraph (1) or (2). shall not be eligible to receive grant funds later than 60 days after the date of the enact- ‘‘(4) SUBMISSION.—A report submitted to under this subtitle during the following 2 fis- ment of the U.S. Merchant Marine Academy the President under paragraph (1) or (2) shall cal years. Board of Visitors Enhancement Act, the Des- be concurrently submitted to— ‘‘(D) PRIORITY.—In awarding grants under ignated Federal Officer selected under sub- ‘‘(A) the Secretary of Transportation; this subtitle, the Administrator shall give section (g)(2) shall organize a meeting of the ‘‘(B) the Committee on Commerce, priority to eligible entities that did not have Board for the purposes of— Science, and Transportation of the Senate; an unresolved audit finding during the 3 fis- ‘‘(A) selecting a Chairperson; and and cal years prior to submitting an application ‘‘(B) considering an official Charter for the ‘‘(C) the Committee on Armed Services of for a grant under this subtitle. Board, which shall provide for the meeting of the House of Representatives.’’. ‘‘(E) REIMBURSEMENT.—If an entity is the Board several times each year. awarded grant funds under this subtitle dur- f ‘‘(e) VISITING THE ACADEMY.— ing the 2-fiscal-year period in which the enti- ‘‘(1) ANNUAL VISIT.—The Board shall visit VICTIMS OF CHILD ABUSE ACT ty is barred from receiving grants under the Academy annually on a date selected by REAUTHORIZATION ACT OF 2013 paragraph (2), the Administrator shall— the Board, in consultation with the Sec- ‘‘(i) deposit an amount equal to the grant retary of Transportation and the Super- Mr. REID. Madam President, I ask funds that were improperly awarded to the intendent of the Academy. unanimous consent that the Senate grantee into the General Fund of the Treas- ‘‘(2) OTHER VISITS.—In cooperation with the proceed to the consideration of Cal- ury; and Superintendent, the Board or its members endar No. 431, S. 1799. ‘‘(ii) seek to recoup the costs of the repay- may make other visits to the Academy in The PRESIDING OFFICER. The ment to the fund from the grant recipient connection with the duties of the Board. clerk will report the bill by title. that was erroneously awarded grant funds. ‘‘(3) ACCESS.—While visiting the Academy The assistant legislative clerk read ‘‘(2) NONPROFIT ORGANIZATION REQUIRE- under this subsection, members of the Board as follows: MENTS.— shall have reasonable access to the grounds, A bill (S. 1799) to reauthorize subtitle A of ‘‘(A) DEFINITION.—For purposes of this facilities, midshipmen, faculty, staff, and the Victims of Child Abuse Act of 1990. paragraph, the term ‘nonprofit organization’ other personnel of the Academy for the pur- means an organization that is described in pose of carrying out the duties of the Board. There being no objection, the Senate section 501(c)(3) of the Internal Revenue Code ‘‘(f) RESPONSIBILITY.—The Board shall in- proceeded to consider the bill. of 1986 and is exempt from taxation under quire into the state of morale and discipline, Mr. REID. Madam President, I ask section 501(a) of such Code. the curriculum, instruction, physical equip- unanimous consent that the Coons sub- ‘‘(B) PROHIBITION.—The Administrator may ment, fiscal affairs, academic methods, and stitute amendment, which is at the not award a grant under any grant program other matters relating to the Academy that desk, be agreed to, the bill, as amend- described in this subtitle to a nonprofit orga- the Board decides to consider. ed, be read a third time and passed, and nization that holds money in offshore ac- ‘‘(g) DEPARTMENT OF TRANSPORTATION SUP- the motion to reconsider be considered counts for the purpose of avoiding paying the PORT.—The Secretary of Transportation made and laid upon the table. tax described in section 511(a) of the Internal shall— The PRESIDING OFFICER. Without Revenue Code of 1986. ‘‘(1) provide support as deemed necessary objection, it is so ordered. ‘‘(C) DISCLOSURE.—Each nonprofit organi- by the Board for the performance of the The amendment (No. 3443), in the na- zation that is awarded a grant under this Board’s functions; subtitle and uses the procedures prescribed ‘‘(2) not later than 30 days after the date of ture of a substitute, was agreed to, as in regulations to create a rebuttable pre- the enactment of the U.S. Merchant Marine follows: sumption of reasonableness for the com- Academy Board of Visitors Enhancement (Purpose: In the nature of a substitute.) pensation of its officers, directors, trustees Act, select a Designated Federal Officer to Strike all after the enacting clause and in- and key employees, shall disclose to the Ad- support the performance of the Board’s func- sert the following: ministrator, in the application for the grant, tions; and SECTION 1. SHORT TITLE. the process for determining such compensa- ‘‘(3) in cooperation with the Maritime Ad- This Act may be cited as the ‘‘Victims of tion, including the independent persons in- ministrator and the Superintendent of the Child Abuse Act Reauthorization Act of volved in reviewing and approving such com- Academy, advise the Board of any institu- 2013’’. pensation, the comparability data used, and

VerDate Mar 15 2010 05:28 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.055 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4190 CONGRESSIONAL RECORD — SENATE June 26, 2014 contemporaneous substantiation of the de- Mr. REID. Madam President, I ask Madam President, I would like to liberation and decision. Upon request, the unanimous consent that the bill be congratulate Minnesota Public Radio, Administrator shall make the information read a third time and passed and the American Public Media, and the cast disclosed under this subparagraph available motion to reconsider be considered and crew of ‘‘A Prairie Home Com- for public inspection. ‘‘(3) CONFERENCE EXPENDITURES.— made and laid upon the table, with no panion’’ on 40 years of radio excellence. ‘‘(A) LIMITATION.—No amounts authorized intervening action or debate. This is one show that is most certainly to be appropriated to the Department of Jus- The PRESIDING OFFICER. Without above average. tice under this subtitle may be used by the objection, it is so ordered. Mr. REID. I ask unanimous consent Administrator, or by any individual or orga- The bill (H.R. 2388) was ordered to a the resolutions be agreed to, the pre- nization awarded discretionary funds third reading, was read the third time, ambles, where applicable, be agreed to, through a cooperative agreement under this and passed. and the motions to reconsider be laid Act, to host or support any expenditure for upon the table en bloc, with no inter- conferences that uses more than $20,000 in f Department funds, unless the Deputy Attor- vening action or debate. RESOLUTIONS SUBMITTED TODAY The PRESIDING OFFICER. Without ney General or such Assistant Attorney Gen- Mr. REID. Madam President, I ask erals, Directors, or principal deputies as the objection, it is so ordered. Deputy Attorney General may designate, in- unanimous consent the Senate proceed The resolutions were agreed to. cluding the Administrator, provides prior to the following resolutions which were The preambles were agreed to. written authorization through an award submitted earlier today: S. Res. 490, S. (The resolutions, with their pre- process or subsequent application that the Res. 491, S. Res. 492, and S. Res. 493. ambles, are printed in today’s RECORD funds may be expended to host a conference. The PRESIDING OFFICER. Without under ‘‘Submitted Resolutions.’’) ‘‘(B) WRITTEN APPROVAL.—Written ap- objection, the Senate will proceed to f proval under subparagraph (A) shall include the consideration of the resolutions en a written estimate of all costs associated bloc. RELATIVE TO THE DEATH OF with the conference, including the cost of all HOWARD BAKER, JR. f food and beverages, audiovisual equipment, Mr. REID. I ask unanimous consent honoraria for speakers, and any entertain- S. RES. 492 ment. the Senate proceed to the consider- ‘‘(C) REPORT.—The Deputy Attorney Gen- Ms. KLOBUCHAR. Madam President, ation of S. Res. 494, submitted earlier eral shall submit an annual report to the I rise today to honor ‘‘A Prairie Home today. Committee on the Judiciary of the Senate Companion,’’ which for 40 years has The PRESIDING OFFICER. The and the Committee on the Judiciary of the shared with its listeners the comings clerk will report the resolution by House of Representatives on all approved and goings of the good people of that title. conference expenditures referenced in this most Minnesota of towns, Lake The assistant legislative clerk read paragraph.’’. Wobegon—where as everyone knows, as follows: SEC. 3. CRIME VICTIMS FUND. A resolution (S. Res. 494) relative to the Section 1402(d)(3) of the Victims of Crime all the women are strong, all the men death of Howard H. Baker, Jr., former United Act of 1984 (42 U.S.C. 10601(d)(3)) is amend- are good looking, and all the children States Senator for the State of Tennessee. ed— are above average. (1) by inserting ‘‘(A)’’ before ‘‘Of the Only 12 people were in the audience There being no objection, the Senate sums’’; and for that very first broadcast on July 6, proceeded to consider the resolution. (2) by striking ‘‘available for the United 1974, at the Janet Wallace Auditorium Mr. REID. Madam President, I ask States Attorneys Offices’’ and all that fol- at Macalester College in Saint Paul. If unanimous consent the resolution be lows and inserting the following: ‘‘available those dozen people got there by car, agreed to, the preamble be agreed to, only for— they paid 55 cents per gallon to fill the the motion to reconsider be laid upon ‘‘(i) the United States Attorneys Offices the table, with no intervening action and the Federal Bureau of Investigation to tanks of their Ford Pintos or Plym- provide and improve services for the benefit outh Valiants. If they stopped for a or debate. of crime victims in the Federal criminal jus- McDonald’s burger afterward, they The PRESIDING OFFICER. Without tice system (as described in 3771 of title 18, paid 30 cents. objection, it is so ordered. United States Code, and section 503 of the How things have changed—and not The resolution (S. Res. 494) was Victims’ Rights and Restitution Act of 1990 just the price of gas and burgers! agreed to. (42 U.S.C. 10607)) through victim coordina- Today, 40 years later, more than 600 The preamble was agreed to. tors, victims’ specialists, and advocates, in- (The resolution, with its preamble, is radio stations carry ‘‘A Prairie Home cluding for the administrative support of vic- printed in today’s RECORD under ‘‘Sub- Companion’’ to four million listeners tim coordinators and advocates providing mitted Resolutions.’’) such services; and every week from the historic Fitz- ‘‘(ii) a Victim Notification System. gerald Theater in Saint Paul. f ‘‘(B) Amounts made available under sub- It has won a Peabody Award and has MEASURE READ THE FIRST paragraph (A) may not be used for any pur- broadcast from nations including Can- TIME—S. 2562 pose that is not specified in clause (i) or (ii) ada, Ireland, Scotland, England, Ger- of subparagraph (A).’’. Mr. REID. Madam President, I am many and Iceland and nearly every told that S. 2562 has been introduced The bill (S. 1799), as amended, was or- State in the Nation. It has inspired a and is at the desk and is due for its dered to be engrossed for a third read- movie by the same name, which won first reading. ing, was read the third time, and four international awards. It has The PRESIDING OFFICER. The passed. helped make Minnesota Public Radio clerk will read the bill by title for the f and American Public Media household first time. TAKING OF CERTAIN FEDERAL names. The assistant legislative clerk read LANDS And it has certainly made its creator as follows: and host, Garrison Keillor, a household Mr. REID. Madam President, I ask A bill (S. 2562) to provide an incentive for name! Mr. Keillor has won Grammy businesses to bring jobs back to America. unanimous consent that the Senate and George Foster Peabody awards, not proceed to the consideration of Cal- Mr. REID. I ask for a second reading to mention the National Humanities endar No. 439, H.R. 2388. but object to my own request. The PRESIDING OFFICER. The Medal. The PRESIDING OFFICER. Objec- But one thing has not changed at all clerk will report the bill by title. tion having been heard, the bill will re- The assistant legislative clerk read from that very first broadcast: This lit- ceive its second reading on the next as follows: tle variety program resonates with legislative day. people. It has warmed our hearts with A bill (H.R. 2388) to take certain Federal f lands located in El Dorado County, Cali- its stories, songs, poems and jokes. It fornia, into trust for the benefit of the Shin- has made us laugh, made us cry, and APPOINTMENTS AUTHORITY gle Springs Band of Miwok Indians, and for made us sing along. And it has given Mr. REID. Madam President, I ask other purposes. its millions of listeners a hometown unanimous consent that notwith- There being no objection, the Senate they can call their own—right in the standing the upcoming recess or ad- proceeded to consider the bill. heart of Minnesota. journment of the Senate, the President

VerDate Mar 15 2010 06:27 Jun 27, 2014 Jkt 039060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.048 S26JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 26, 2014 CONGRESSIONAL RECORD — SENATE S4191 of the Senate, the President pro tem- ADJOURNMENT UNTIL MONDAY, To be major pore, and the majority and minority JUNE 30, 2014 DANIEL H. ALDANA leaders be authorized to make appoint- THE FOLLOWING NAMED OFFICER FOR REGULAR AP- Mr. REID. Madam President, if there POINTMENT IN THE GRADE INDICATED IN THE REGULAR ments to commissions, committees, is no further business to come before ARMY UNDER TITLE 10, U.S.C., SECTION 531: boards, conferences, or interparliamen- the Senate, I ask unanimous consent To be major tary conferences authorized by law, by that it adjourn under the provisions of concurrent action of the two Houses or JASON S. HETZEL S. Res. 494 as a further mark of respect THE FOLLOWING NAMED OFFICER FOR APPOINTMENT by order of the Senate. to the memory of the late Senator TO THE GRADE INDICATED IN THE UNITED STATES ARMY MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SEC- The PRESIDING OFFICER. Without Howard Baker of Tennessee. objection, it is so ordered. TIONS 624 AND 3064: There being no objection, the Senate, To be major f at 6:41 p.m., adjourned until Monday, FELIPE O. BLANDING, SR. SIGNING AUTHORITY June 30, 2014, at 12 noon. THE FOLLOWING NAMED OFFICER FOR REGULAR AP- f POINTMENT IN THE GRADE INDICATED IN THE UNITED Mr. REID. Madam President, I ask STATES ARMY DENTAL CORPS UNDER TITLE 10, U.S.C., unanimous consent that during the ad- NOMINATIONS SECTIONS 531 AND 3064: To be major journment or recess of the Senate from Executive nominations received by Thursday, June 26, to Monday, July 7, the Senate: DOUGLAS T. MO IN THE NAVY Senators LEVIN and CARPER be author- NATIONAL TRANSPORTATION SAFETY BOARD ized to sign duly enrolled bills or joint THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CHRISTOPHER A. HART, OF COLORADO, TO BE CHAIR- TO THE GRADE INDICATED IN THE UNITED STATES NAVY resolutions. MAN OF THE NATIONAL TRANSPORTATION SAFETY UNDER TITLE 10, U.S.C., SECTION 624: The PRESIDING OFFICER. Without BOARD FOR A TERM OF TWO YEARS, VICE DEBORAH A. P. objection, it is so ordered. HERSMAN, RESIGNED. To be commander AFRICAN DEVELOPMENT FOUNDATION JODY M. POWERS f JOHN W. LESLIE, JR., OF CONNECTICUT, TO BE A MEM- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ORDERS FOR FRIDAY, JUNE 27, BER OF THE BOARD OF DIRECTORS OF THE AFRICAN DE- TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION 624: 2014, THROUGH MONDAY, JULY 7, VELOPMENT FOUNDATION FOR A TERM EXPIRING SEP- TEMBER 22, 2019. (REAPPOINTMENT) To be lieutenant commander 2014 THE JUDICIARY JAMES R. POWERS, JR. Mr. REID. Madam President, I ask MADELINE COX ARLEO, OF NEW JERSEY, TO BE UNITED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT unanimous consent that when the Sen- STATES DISTRICT JUDGE FOR THE DISTRICT OF NEW TO THE GRADE INDICATED IN THE UNITED STATES NAVY JERSEY, VICE DENNIS M. CAVANAUGH, RETIRED. UNDER TITLE 10, U.S.C., SECTION 624: ate completes its business today, it ad- AMOS L. MAZZANT, III, OF TEXAS, TO BE UNITED journ and convene for pro forma ses- STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT To be lieutenant commander OF TEXAS, VICE T. JOHN WARD, RETIRED. CHRISTOPHER D. SNYDER sions only with no business conducted ROBERT LEE PITMAN, OF TEXAS, TO BE UNITED on the following dates and times, and STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT OF TEXAS, VICE W. ROYAL FURGESON, JR., RETIRED. TO THE GRADE INDICATED IN THE UNITED STATES NAVY that following each pro forma session, ROBERT WILLIAM SCHROEDER III, OF TEXAS, TO BE UNDER TITLE 10, U.S.C., SECTION 624: the Senate adjourn until the next pro UNITED STATES DISTRICT JUDGE FOR THE EASTERN To be lieutenant commander DISTRICT OF TEXAS, VICE DAVID FOLSOM, RETIRED. forma session: Monday, June 30 at 12 RICHARD JIMENEZ, JR. IN THE COAST GUARD noon, and Thursday, July 3, at 1:30 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT p.m.; and that the Senate adjourn on THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE GRADES INDICATED IN THE REGULAR NAVY TO DIRECTOR OF THE COAST GUARD RESERVE PURSU- UNDER TITLE 10, U.S.C., SECTION 531: Thursday, July 3, 2014, until 2 p.m. on ANT TO TITLE 14, U.S.C., SECTION 53(B) IN THE GRADE IN- To be captain Monday, July 7, 2014; that following the DICATED: prayer and pledge, the morning hour be To be rear admiral JAIME A. QUEJADA deemed expired, the Journal of pro- REAR ADMIRAL (SELECTEE) JAMES M. HEINZ To be commander ceedings be approved to date, and the IN THE ARMY CHRISTOPHER J. KANE time for the two leaders be reserved for THE FOLLOWING NAMED ARMY NATIONAL GUARD OF To be lieutenant commander THE UNITED STATES OFFICERS FOR APPOINTMENT TO STEPHEN S. DONOHOE their use until later in the day; that THE GRADE INDICATED IN THE RESERVE OF THE ARMY following any leader remarks, the Sen- UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY ate be in a period of morning business To be colonel UNDER TITLE 10, U.S.C., SECTION 624: until 5:30 p.m. with Senators permitted CURTIS L. ABENDROTH To be captain to speak therein for up 10 minutes GEORGE D. MCHUGH STEVEN M. ROWE TIMIKA B. LINDSAY each; and that at 5:30 p.m. the Senate MONIE R. ULIS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT proceed to executive session to con- MICHAEL J. WISE TO THE GRADE INDICATED IN THE UNITED STATES NAVY sider Executive Calendar No. 738; that THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE INDICATED IN THE RESERVE OF THE To be captain all postcloture time be considered ex- ARMY UNDER TITLE 10, U.S.C., SECTION 12203: pired and the Senate vote on confirma- To be colonel CHRISTOPHER A. MIDDLETON tion of the Krause nomination; further, BRIAN C. COPELAND f that if the nomination is confirmed, THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CONFIRMATIONS the motion to reconsider be considered TO THE GRADE INDICATED IN THE RESERVE OF THE made and laid upon the table, with no ARMY UNDER TITLE 10, U.S.C., SECTION 12203: Executive nominations confirmed by To be colonel intervening action or debate, that no the Senate June 26, 2014: PAUL E. LINZEY EXECUTIVE OFFICE OF THE PRESIDENT further motions be in order to the nom- JOEL O. SEVERSON ination, that any statements related to GARY L. TAYLOR JO EMILY HANDELSMAN, OF CONNECTICUT, TO BE AN ASSOCIATE DIRECTOR OF THE OFFICE OF SCIENCE AND THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT the nomination be printed in the TECHNOLOGY POLICY. TO THE GRADE INDICATED IN THE RESERVE OF THE RECORD, the President be immediately ARMY UNDER TITLE 10, U.S.C., SECTION 12203: DEPARTMENT OF THE INTERIOR notified of the Senate’s action, and the To be colonel ESTHER PUAKELA KIA’AINA, OF HAWAII, TO BE AN AS- SISTANT SECRETARY OF THE INTERIOR. Senate resume legislative session; and, JOEL R. BURKE VINCENT G. LOGAN, OF NEW YORK, TO BE SPECIAL finally, that when the Senate resumes RUSSELL L. DEWELL TRUSTEE, OFFICE OF SPECIAL TRUSTEE FOR AMERICAN DOUGLAS A. ETTER INDIANS, DEPARTMENT OF THE INTERIOR. legislative session, the Senate resume PETER JARAMILLO consideration of the motion to proceed DARREN L. KING DEPARTMENT OF THE TREASURY RICHARD J. KOCH to S. 2363 and the Senate vote on the MICHAEL J. WRIGHT KAREN DYNAN, OF MARYLAND, TO BE AN ASSISTANT SECRETARY OF THE TREASURY. motion to proceed to S. 2363, the THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- Sportsmen’s Act. MENT TO THE GRADE INDICATED IN THE RESERVE OF DEPARTMENT OF STATE THE ARMY UNDER TITLE 10, U.S.C., SECTION 12203: The PRESIDING OFFICER. Without ROBERT STEPHEN BEECROFT, OF CALIFORNIA, A CA- objection, it is so ordered. To be colonel REER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER–COUNSELOR, TO BE AMBASSADOR NORMAN A. HETZLER f EXTRAORDINARY AND PLENIPOTENTIARY OF THE THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR UNITED STATES OF AMERICA TO THE ARAB REPUBLIC OF PROGRAM APPOINTMENT TO THE GRADES INDICATED IN THE EGYPT. UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, STUART E. JONES, OF VIRGINIA, A CAREER MEMBER OF Mr. REID. Madam President, there U.S.C., SECTIONS 531 AND 3064: THE SENIOR FOREIGN SERVICE, CLASS OF CAREER MIN- will be two rollcall votes at 5:30 p.m. on To be colonel ISTER, TO BE AMBASSADOR EXTRAORDINARY AND PLEN- IPOTENTIARY OF THE UNITED STATES OF AMERICA TO Monday, July 7, 2014. STEVEN F. FINDER THE REPUBLIC OF IRAQ.

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