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

Vol. 160 WASHINGTON, TUESDAY, SEPTEMBER 9, 2014 No. 128 Senate The Senate met at 10 a.m. and was with the Republicans controlling the leagues on the other side of the aisle will be called to order by the President pro first 30 minutes and the majority the willing to eliminate PACs altogether. And tempore (Mr. LEAHY). final 30 minutes. Following morning we would have the money come from individ- business the Senate will resume consid- uals in small and fully disclosed amounts. PRAYER eration of a motion to proceed to S.J. A few years later, 1997: The Chaplain, Dr. Barry C. Black, of- Res. 19 postcloture. The Senate will re- Public disclosure of campaign contribu- fered the following prayer: cess from 12:30 to 2:15 p.m. to allow for tions and spending should be expedited so our weekly caucus meetings. voters can judge for themselves what is ap- Let us pray. propriate. These are reforms which respect Eternal Spirit, the fountain of our f the Constitution and would enhance our de- joy, You see our thoughts from a dis- mocracy. tance, comprehending the nuances of MEASURE PLACED ON THE CALENDAR Three years later, in 2000, another our motives. Lord, You understand our quote: desire to please and honor You with Mr. REID. Mr. President, S. 2779 is at We need to have real disclosure. And so our lives. You know our remorse for the desk, I understand, and is due for what we ought to do is broaden the disclo- neglected duties, missed opportunities, its second reading. sure to include at least labor unions and tax- and selfish pursuits. Give our law- The PRESIDING OFFICER (Mr. exempt business associations and trial law- makers strength for today and hope for BOOKER). The clerk will read the bill by yers so that you include the major political tomorrow. Today, meet the needs of title for the second time. players in America. Why would a little dis- our Senators as they confront our dan- The legislative clerk read as follows: closure be better than a lot of disclosure? gerous world, providing them with A bill (S. 2779) to amend section 349 of the A quote from 2003: more than human wisdom to accom- Immigration and Nationality Act to deem Money is essential in politics and not plish Your will. Give them faith to specified activities in support of terrorism as something we should feel squeamish about, trust that Your sovereign providence renunciation of United States nationality. provided the donations are limited and dis- will prevail in the unfolding events of Mr. REID. Mr. President, I would ob- closed, everyone knows who is supporting ev- our world. Remind them that they are ject to any further proceedings with re- eryone else. never alone, for You will never leave or spect to this bill. So, Mr. President, who did these forsake them. We pray in Your sacred The PRESIDING OFFICER. The ob- statements come from? TOM UDALL, Name. Amen. jection having been heard, the bill will the sponsor of the vote that we had last f be placed on the calendar. night? MICHAEL BENNET from Colorado? He and TOM UDALL sponsored the con- f PLEDGE OF ALLEGIANCE stitutional amendment. Did it come The President pro tempore led the CAMPAIGN FINANCE REFORM from them or some other Democrat? Pledge of Allegiance, as follows: Mr. REID. Mr. President, I want to No, that is not the case. I pledge allegiance to the Flag of the start today by reading a few quotes on Let me quote a few more things: United States of America, and to the Repub- the issue of campaign finance reform. Keep wealthy individuals from buying pub- lic for which it stands, one nation under God, Here is the first one from 1987: lic office and stop the flow of soft money and indivisible, with liberty and justice for all. public campaign contributions and spending What we ought to do is eliminate the polit- f should be expedited so voters can judge for ical action committee contributions because themselves what’s appropriate. those are the ones that raise the specter of RECOGNITION OF THE MAJORITY Those are quotes. Did these quotes LEADER undue influence. And those can be gone to- morrow. We can pass a bill tomorrow to take come from BERNIE SANDERS, who is The PRESIDENT pro tempore. The care of that problem. known as being a liberal? He has been majority leader is recognized. Another quote from the next year: an outspoken advocate for campaign fi- f We Republicans have put together a re- nance reform. The author of these quotes is none SCHEDULE sponsible and constitutional campaign re- form agenda. It would restrict the power of other than my friend the distinguished Mr. REID. Following my remarks special interest PACs, stop the flow of all Republican leader, the senior Senator and those of the Republican leader, if soft money, keep wealthy individuals from from Kentucky. These are all his any, the Senate will be in a period of buying public office. quotes word for word. The senior Sen- morning business for an hour, with Two years later, 1990: ator from Kentucky has a track record Senators permitted to speak during We would eliminate PACs altogether. It of campaign finance reform spanning that time for up to 10 minutes each, would be interesting to see whether our col- two decades or more. I was with him

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

S5383

.

VerDate Mar 15 2010 04:17 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.000 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5384 CONGRESSIONAL RECORD — SENATE September 9, 2014 there 25 years ago, fighting the undue SPEECH SUPPRESSION pression appears to be growing on the influence of unlimited campaign dona- Earlier today one Democratic Sen- other side, and that is really worrying tions. I cosponsored his 1989 constitu- ator urged his colleagues to get serious for the future of our democracy. tional amendment that would have about the real challenges facing our So look, if the Democrats who run given Congress power to enact laws country—challenges such as dealing Washington are so determined to force regulating the amount of independent with the threat of ISIL. He implored the Senate into debate over repealing expenditures. I was there with him. fellow Democrats not to focus all their the free speech protections of the First But I guess times have changed. I am time instead ‘‘doing things that are of Amendment, then fine, let’s have a full aware that the Republican leader has lesser importance.’’ and proper debate. Let’s make the stated that his views on the matter of Yet his voice seems to have been ig- country see what this is really all campaign finance have changed over nored by the Democrats who run the about. Let’s expose this extremist ef- the years. What a gross understate- Senate, because here we stand debating fort to the light of public scrutiny. ment. But as Victor Hugo wrote: their proposal on whether to take an I suspect our Democratic friends Change your opinions, but keep your prin- eraser—an eraser—to the First Amend- don’t really want that, though. I sus- ciples. Change your leaves, but keep your ment. Here we are debating whether to pect they hope to just drop a few talk- roots. grant politicians the extraordinary au- ing points, have their proposal fail, At one time the Republican leader thority to ban speech they don’t like. shoot some indignant e-mails to their was rooted in the principle that the That is what Democratic leaders have supporters and move on. I don’t think wealthy shouldn’t be able to buy public brought to the floor this week as their they counted on Senators standing up office whether for themselves or for top priority. It is a measure so extreme for the American people. I don’t think others. Even as recently as late in 2007 it could even open the door to govern- they counted on Senators exposing he was preaching donor disclosure. ment officials banning books and pam- their plans to entrench the tools of What has changed in the last few phlets that threaten or annoy them. government speech suppression. So years? That is not my argument. That is es- they would rather not have a debate Over the last several years we have sentially the Obama administration’s they can’t win. witnessed the Koch brothers trying to own position, one that his own lawyers Then here is a better idea. We all just buy America, to pump untold millions advocated in the Supreme Court in the spent the past several weeks back in into our democracy, hoping to get a Citizens United case. As one USA our home States talking to our con- government that would serve their bot- Today columnist put it at the time: ‘‘It stituents. They have a lot on their tom line and make them more money. isn’t often that a government lawyer minds these days—important issues The news today says they are out pro- stands before the Supreme Court and they expect the Democrat-run Senate moting themselves, and that is easy to acknowledges that, yes, it would be to address—things such as high unem- do because they are worth $150 billion. constitutional to ban a book. But that ployment, rising health care costs, and So we are watching the corrupting is what happened.’’ an ongoing crisis at the border. I, for influence that the Republican leader Truly shocking. one, will be interested to hear how re- foretold 27 years ago and many years These are the depths to which the pealing part of the First Amendment thereafter before our very eyes. He Obama administration and its Demo- creates jobs for Americans or reduces switched teams. What could have pos- cratic majority appear willing to drag health care costs. The answer of course sibly convinced the senior Senator our country in order to retain their is it doesn’t, and the Republican-con- from Kentucky that limitless, hold on power. They are tired of listen- trolled House has already sent over untraceable campaign donations aren’t ing to criticism of their failed policies. countless bills that continue to collect really that bad after all? They are sick of having to sell the mid- dust on the majority leader’s desk. I yield the floor. dle class on ideas that actually hurt There are many bills on job creation the middle class. And with the Demo- alone, including legislation that passed f crats’ fragile Senate majority hanging the House, with significant bipartisan RECOGNITION OF THE MINORITY by a thread, it seems they are done support. LEADER playing with the normal rules of de- So if Senate Democrats want to take mocracy. It seems they would rather up some of that serious House-passed The PRESIDING OFFICER. The Re- just rewrite the rules altogether to legislation instead of endless designed- publican leader is recognized. shut up their critics and shut down to-fail political votes, we will be happy f their opponents, even as they continue to do it. Just say the word. to give a path to leftwing tycoons they Let’s end the Democrats’ endless MIDDLE EAST STRATEGY like—folks who preach higher taxes gridlock and get some bills to the Mr. MCCONNELL. Mr. President, now and more regulations for everybody President’s desk for once because that the President has conducted ini- else—while jealously guarding pet Americans are not demanding that tial consultations with our allies and projects and sweetheart deals for them- Congress repeal the free speech protec- stated his objective to degrade and de- selves. tions of the First Amendment. That is stroy ISIL, it is time to present a The aim here, just as with the IRS certainly not on their minds. They are strategy to Congress. I hope he will scandal, is to use the levers of power to looking to us to work together to get begin to do that today. shut down the voice of we the people some things done for them for a He needs to identify military objec- when we the people don’t see things change, and we can as soon as our tives and explain how those ends will their way. The First Amendment is the Democratic friends want to get serious. be accomplished. He needs to present only thing standing in the way. The PRESIDING OFFICER. The ma- this plan to Congress and the American We all know the real reason Senate jority leader. people, and where the President be- Democrats are so determined to push Mr. REID. Mr. President, I agree lieves he lacks authority to execute this measure now. They are not actu- with the Republican leader’s defense of such a strategy, he needs to explain to ally all that serious about passing it the First Amendment, but the con- Congress how additional authority for this week. In fact, they designed it to stitutional amendment before us is not the use of force will protect America. fail because they think its failure about limiting free speech. My Demo- The threat from ISIL is real and is would help turn more leftwingers out cratic colleagues and I are trying to growing. It is time for President to the polls. The entire spectacle is address the special interest money that Obama to exercise some leadership in mostly about saving the jobs of Demo- threatens to create a government of launching a response. cratic Senators come November. Yet it elected officials who are beholden to a We know the administration has au- must be admitted that it is getting few wealthy individuals. thorized military actions to protect harder to tell which of our Democratic As the respected Justice John Paul American lives. Now we need to hear friends are cynical in their support of Stevens recently told us, money is not what additional measures will be taken this and which are sincere, because the speech. Of course it isn’t, and we know to defeat ISIL. number of true believers in speech sup- that.

VerDate Mar 15 2010 01:15 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.001 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5385 Last week there was a recorded from one of the most famous edu- campaign spending. It is just common speech given at the Koch brothers’ se- cational institutions in the world, sense. Americans clearly believe in this cret meeting place in San Diego or Stanford University. He is a pretty amendment. The amendment would re- thereabouts. It was a secret meeting on bright guy as a Presiding Officer. But store the authority back to Congress their political strategy. They called it you don’t have to be a bright guy to and the States, not to two wealthy a summit. They had security guards. understand the flip-flop. I don’t know brothers who are trying to buy Amer- They cleared everybody who could how else to describe it. He gave his lit- ica—two wealthy brothers who control come. It was very delicate. You had to tle speech a minute ago about the First most of the tar sands in the world. be the right person or they would not Amendment. I am not making this up. They have a huge oil, gas, and chem- let you into the meeting. However, This is what the man said. The same ical interest. They control lots of stuff. there was one person who was able to man complaining about how the First Today the paper said they are going record what went on at that meeting. Amendment has been violated is the to spend their millions to tell every- One of the speakers who was re- same man who has sponsored basically body what great people they are. That corded—no others—was a man by the the same legislation we are now trying is all over the news today. Be aware of name of Richard Fink, who is vice to pass. the Koch brothers because they have president of Koch Industries. He is a I will give some of his quotes again. unlimited sums of money. They are big shot with the Koch brothers. Of Let’s make sure they are spread across going to tell you how they are all course the Koch brothers were there the RECORD. about apple pie and motherhood and listening to his speech. He said some What we ought to do is eliminate the polit- great for America. They are not great pretty terrible and vicious things ical action committee contributions, because for America. They are trying to buy about unemployed Americans. He basi- those are the ones that raise the specter of America. cally called them lazy. He went on to undue influence. And those can be gone to- f say that the minimum wage leads to morrow. We can pass a bill tomorrow to take fascism. I am not making this up. That care of that problem. RESERVATION OF LEADER TIME Here is another quote: is what he said—fascism. He even com- The PRESIDING OFFICER. Under pared minimum wage with tactics uti- We Republicans have put together a re- the previous order, the leadership time sponsible and Constitutional campaign re- lized by Nazi Germany and modern-day is reserved. suicide bombers. That is what the Koch form agenda. It would restrict the power of special interest PACS, stop the flow of all f brothers’ representative said in their soft money, keep wealthy individuals from presence and in the presence of a num- buying public office. MORNING BUSINESS ber of higher ranking Republican offi- Hallelujah. I am glad he said that. The PRESIDING OFFICER. Under cials. He also said: the previous order, the Senate will be He has a right to say whatever he in a period of morning business for 1 wants; that is the country we live in. We would eliminate PACs altogether. It will be interesting to see whether our col- hour, with Senators permitted to speak But as Senators we have a responsi- leagues— therein for up to 10 minutes each, with bility to stand for constituents who are Republicans controlling the first 30 unemployed or on minimum wage, and Talking about Democrats— minutes and the majority controlling on this side of the aisle we have done on the other side of the aisle will be willing the next 30 minutes. that. The American people agree with to eliminate PACs altogether. And we would have the money come from individuals in f us—not just Democrats and Independ- small and fully undisclosed amounts. ents. Republicans believe there should Next quote: POLITICAL SPEECH be an increase in the minimum wage. The Republican leader was at the Public disclosure of campaign contribu- Mr. LEE. Mr. President, political summit the very day Mr. Fink made tions and spending should be expedited so speech is not on the fringes of the First voters can judge for themselves what is ap- his offensive remarks. He was there. Amendment, it is the core freedom of propriate. These are the reforms which re- democracy. The entire point of the Why has he not gone on Record repudi- spect the Constitution and would enhance ating these vicious and unfair com- our democracy. First Amendment is to say the govern- ment has no business telling the citi- ments about the poor? In fact, it has I didn’t rewrite this. This is a direct, zens what constitutes reasonable polit- been reported the Republican leader re- word-for-word quote. Next: ferred to the speeches given at the ical speech. We need to have real disclosure. And so Koch brothers’ conference that day as Congress is not allowed to ban books. what we ought to do is broaden the disclo- Congress is not allowed to ban maga- inspiring—inspiring. sure to include at least labor unions and tax- There are 150,000 unemployed Ken- exempt business associations and trial law- zines or pamphlets. Congress is not al- tuckians. Are they leaning toward fas- yers so that you include the major political lowed to silence dissent. The idea be- cism? There are families in Kentucky players in America. Why would a little dis- hind this amendment is that govern- who live on minimum wage—or try to. closure be better than a lot of disclosure? ment should have the power to silence I don’t think my friend the Republican He also went on to say: criticism of the government. This leader views them as fascist stooges or Money is essential in politics, and not amendment, referring to Senate Joint lazy, but he should stand and repudiate something that we should feel squeamish Resolution 19, is an attempt to control what the Koch brothers, through their about, provided the donations are limited the words Americans speak and the representatives, said at the conference and disclosed, everyone knows who’s sup- ideas Americans hear. Every great he attended. If any Member of this porting everyone else. movement in our democracy has been body said as much, I have no doubt my I repeat. The Presiding Officer is one based on ideas that were at one time or friend would come to his constituents’ of the smartest people we have in the another at the outset deemed unrea- immediate defense. But be careful what entire Senate. With all due respect to sonable by the government. It is dan- you say about the Koch brothers. They the Presiding Officer, you don’t have to gerous and it is un-American in the ex- are very sensitive. They want that to be a Rhodes Scholar or a graduate from treme. Under this proposed amend- protect their $75 billion. There are two Stanford University to understand how ment, the Federal Government would of them, and together they are worth absolutely irrational my friend is with have the power to decide which groups, $150 billion. Nobody messes with them what he just came and said. He said which causes, which arguments, and ul- because they have money to try to buy this constitutional amendment is vio- timately which citizens would be al- America, and that is what they are try- lating the First Amendment of our lowed to enter the public square. ing to do. Constitution. I am using his remarks The amendment would even empower Do we need campaign finance reform? to state and show the importance of Congress to distinguish between nat- Of course we do. I gave some quotes our amendment. ural individuals and artificial entities; earlier, and my friend the Presiding Of- Congress and the States have the au- that is, rich and powerful people will ficer is a very smart man. As well as thority—or they should have the au- still be free to influence our govern- being a Rhodes Scholar, he graduated thority—to set reasonable limits on ment but everyone else can be barred

VerDate Mar 15 2010 01:15 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.004 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5386 CONGRESSIONAL RECORD — SENATE September 9, 2014 from coming together and pooling their read it, and as I think most would read ment on television. But that is where resources for that very purpose. it, an individual would be free to spend most political money ends up getting What is an artificial entity with re- unlimited amounts of money, thou- spent. stricted speech rights? Churches, sands, tens of thousands, hundreds of As understood by the founding gen- neighborhood associations, civic thousands, maybe even millions or tens eration and as understood and inter- groups, single-issue organizations such of millions of dollars supporting the preted by the Supreme Court to this as the national right to life, or candidate of her choice if that indi- day, most of that material is protected NARAL, trade associations, businesses vidual happens to own a newspaper or in the sense that most of that material or labor unions, schools. The target of if that individual perhaps happened to constitutes something that falls under this amendment is America. Civil soci- own a television company or a radio the category of freedom of the press. ety. When politicians talk about out- broadcast network. That would be no Freedom of the press, of course, does side groups, they mean outside Wash- problem. That would be beyond the not belong solely, does not belong ex- ington. They mean ordinary citizens scope of this proposed amendment, be- clusively, to those who have a press coming together, rallying behind a cause under section 3 of Senate Joint badge or those who are part of what common cause. They mean the aboli- Resolution 19, it makes clear that: has historically been considered our tion movement, the women’s suffrage ‘‘Nothing in this article shall be con- news media. movement, and the labor movement, as strued to grant Congress or the States If, on the other hand, those who have well as the civil rights movement, the power to abridge the freedom of the drafted this amendment—if, on the antiwar movements, the pro-life move- press.’’ other hand, those who would decide ment, and the consumer rights move- So in light of section 3, everything what laws to pass under this amend- ment. They mean citizens. That is who else in Senate Joint Resolution 19 ment to give it force, if they were to the authors of this amendment believe might either do a lot or it might do a conclude that they wanted to more are outside intruders whose speech little. It might do practically nothing narrowly define ‘‘press’’ to include only somehow needs to be regulated, needs or it might do practically everything. credentialed media, perhaps newspaper to be restricted by Congress—people Let me explain what I mean. Let’s reporters, perhaps newspaper reporters with ideas that are ‘‘unreasonable,’’ examine the text of the first two sec- and radio and television reporters, then people such as Thomas Paine or Thom- tions of this provision. they would be significantly changing as Jefferson and Frederick Douglass Section 1 says: ‘‘To advance demo- the First Amendment as interpreted by and Susan B. Anthony and Martin Lu- cratic self-government and political the Supreme Court. They would be sig- ther King, Jr. equality, and to protect the integrity nificantly changing the nature of free- The true danger of the idea is even of the government and the electoral put into the text in the section 3 dom of the press as recognized by the process, Congress and the States may carveout for the press. So wealthy indi- Supreme Court over the last two cen- regulate and set reasonable limits on viduals, those who happen to own turies. the raising and spending of money by If, in fact, they choose to do it that newspapers or happen to own a tele- candidates and others to influence way, then we would find ourselves in vision station or a radio network, do, elections.’’ an awful situation in which the owner under this proposed amendment, con- If your intent is deemed to involve tinue to have free speech. But the peo- of a newspaper would be able to spend influencing the outcome of an election, ple who read and watch the media do potentially millions of dollars, perhaps then you are subject to these reason- not. Or the people who do not own tens of millions, promoting the can- able limits. Well, what people in Con- those companies, do they not have the didate of her choice simply because she gress think is reasonable might be dif- same rights? Under this proposed owns a newspaper. But what about ferent than what the American people amendment, they would not. This is someone who does not own a newspaper Orwellian. Under this amendment, Con- think is reasonable. but nonetheless wants her views to be Then in section 2 it says that: ‘‘Con- gress could establish a Federal min- expressed, wants to have some way of gress and the States shall have power istry of truth of sorts to monitor the contributing to the national debate? to implement and enforce this article political speech of citizens and make What if there is someone out there who by appropriate legislation, and may sure they are reasonable, to make sure is really concerned, concerned about a distinguish between natural persons the activities in which they engage, particular issue? those that are attempted to influence and corporations or other artificial en- Let’s say there is a voter who is con- elections, are, in fact, reasonable. tities created by law, including by pro- cerned about the PATRIOT Act and she Congress would, of course, be empow- hibiting such entities from spending wants to contribute to an organization, ered to define what constitutes jour- money to influence elections.’’ let’s say the ACLU, which would, in nalism, what falls within the param- Herein lies the problem: Getting back turn, perhaps make statements to try eters of this freedom of the press to our hypothetical a few minutes ago, to influence the public debate about carveout so that irritating bloggers if the idea behind this is to prevent any the PATRIOT Act. This could run afoul and reporters and producers could per- person or any group of persons from of all of that. In fact, under the plain haps be silenced, assuming they were having too much influence over elec- language of it, it likely would. In fact, carved out of that definition. This pro- tions taking place in the United States the ACLU itself has expressed this con- vision will not guarantee equality. It of America, this does not do that. De- cern in a letter dated June 3, 2014, to will rather guarantee inequality. pending on how broadly or how nar- Chairman PAT LEAHY of the Senate Ju- It is right there in the text of the rowly Congress chooses to define this diciary Committee on which I sit. amendment. Some citizens’ rights to contest of freedom of the press, which On page 4 of that letter, the ACLU free speech would be more equal than it carves out and holds harmless, this presents the following hypothetical: others under this proposed amendment. legislation might do everything or it For instance, would an ACLU ad urging It is sometimes appealing at a surface might do nothing. Let me explain what Members of Congress to support Patriot Act level to start from the proposition that I mean. reform, which runs shortly before the No- something such as this might be desir- Most of the money that is spent by vember 2004 election, when that issue is at able to some for the simple reason that political campaigns, whether by indi- play in the election, be construed as an issue vidual candidates or by organizations ad exhorting voters to support reform, or a we do not want any one person or any covert attempt to influence voters who op- one group of persons having a dis- attempting to influence the outcome of pose Members who do not support reform? proportionate impact on the electoral elections, comes in the form of dis- Similarly, would an ad by a group urging process. We do not want anyone or any- seminating a message, comes in the repeal of the Affordable Care Act, which runs thing to be able to buy an election. But form of either printed material, in the before the 2012 presidential election, be issue that misses the point. This would not form of pamphlets or the electronic advocacy or covert express advocacy? solve that problem. In fact, this would equivalent of pamphlets, or it comes in These are questions raised by the make that problem worse. the form of some type of advertising. ACLU itself. Consider, for example, the fact that Maybe it is an advertisement in a The PRESIDING OFFICER. The Sen- under this proposed amendment, as I newspaper, maybe it is an advertise- ator’s time has expired.

VerDate Mar 15 2010 01:15 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.007 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5387 Mr. LEE. I ask unanimous consent is a monthly poll done by the Kaiser ing for New Challenges in Year Two of that I be given 2 additional minutes to Health Foundation which was released Health Care Law.’’ wrap up my remarks. yesterday. We all remember how terrible the The PRESIDING OFFICER. Without It says: launch of the health care program was objection, it is so ordered. Healthcare remains one of the most impor- last fall. We remember right after the Mr. LEE. What all of this boils down tant issues in midterm elections, ranking President sat down with Bill Clinton to is that the core values, the core pro- only behind the economy and jobs as voters’ and he said: Oh, easier to use than tections underlying the First Amend- top issue. Amazon, cheaper than your cell phone ment are not just important, they are I talk about health care repeatedly bill, and you can keep your doctor. not just nice to talk about, they are at because I am a physician. I have taken America knows those things weren’t the very foundation of our representa- care of patients for 25 years in my true. tive democracy. They are at the very home State of Wyoming, and I have We all remember the terrible launch foundation of our Republic and how it taken care of families from all around last October. The new head of the ex- operates. If this amendment were to the State. They come to me with their change talked about what he expects it pass, if this were to become part of the concerns about the health care law. to be like this year, year two. They Constitution of the United States, Con- President Obama says the Democrats have had a full year now to get ready gress would become more powerful at who voted for the law should, as he and fix the problems. Yet this Obama the expense of the American people. said, ‘‘forcefully defend and be proud of administration official just recently Ultimately this will inure to the ben- the law.’’ Is the President proud of the told the New York Times: ‘‘In some re- efit of the political establishment in ways families across America are suf- spects, it’s going to be more com- Washington. It would inure to the ben- fering because of his health care law plicated. Part of me thinks that this efit, perhaps, of two political parties and the dangerous side effects people year is going to make last year look but everybody else would suffer. It continue to face? like the good old days.’’ would be more difficult for more Amer- Here is a headline from last Friday, America is not ready to go back to icans to speak on issues that concerned September 5, front page of the Wall the Obama Web site good old days. them. Congress would have more power Street Journal. It says: ‘‘Hacker That is what the Obama administra- and the States would have more power Breaches Part Of Federal Health Site.’’ tion’s person in charge of the health to restrict the speech of the American A computer hacker breached the Fed- care exchange told the New York people. eral health site. The article says the Times. Are the Democrats going to come to the floor and forcefully defend It has been said in the past that this hacker broke into part of the this kind of chaos and confusion with is about restricting money, not speech. healthcare.gov Web site in July—in the health care enrollment for a second It is a little bit like saying a city ordi- July—and uploaded malicious software, year in a row? It is another disgraceful nance prohibiting people from using ei- according to Federal officials. side effect of the President’s unwork- ther an automobile or a subway car to The administration now admits it. It able, unmanageable health care law. get to a protest rally isn’t restricting goes on to say that ‘‘the break-in I will give one more example of what their access to a protest rally or the raised concerns among Federal officials right to participate in that protest the American people are learning about because of how easily the intruder how the health care law is harming rally. gained access and how much damage When money is the means by which them individually. Insurance compa- could have occurred.’’ This is a concern the American people can have the abil- nies have been releasing their prelimi- Republicans have warned about for a ity to express their concern on an issue nary rates for 2015, and in many places long time. voters are facing in an upcoming elec- for many people, premiums are going The Obama administration didn’t do tion, that should concern us all. This is up. According to the consulting group the basic things any business in Amer- an attempt to weaken the most funda- PricewaterhouseCoopers, premiums are ica would have done to protect people mental components of our rights as going up about 8 percent on average and their personal information. Ac- U.S. citizens. I must, therefore, oppose across the country. That is not what cording to this report, part of the prob- Senate Joint Resolution 19 and urge Democrats promised when they wrote lem in this case was that the Web site’s my colleagues to do the same. the health care law. Democrats in developers never—and taxpayers have Thank you, Mr. President. Washington, here in the Senate, prom- The PRESIDING OFFICER. The Sen- paid plenty to these developers—both- ised the rates would go down. President ator from Wyoming. ered to change a default password for Obama went around the country and the system. No one can believe it. f said people would see their health care Hackers didn’t have to go around some costs go down by an average of $2,500 HEALTH CARE complicated security system or break per family per year. NANCY PELOSI Mr. BARRASSO. Mr. President, I in through a back door. Oh, no. The went on ‘‘Meet the Press’’ and said know many Senators were back home Obama administration official admit- rates will go down for everyone. That over the last number of weeks talking ted to the Wall Street Journal there hasn’t happened. Premiums have gone to and listening to their constituents was a door left open—a door left open. up. Copays are up. Deductibles have about issues on their minds. I was also The Obama administration said that gone up. Out-of-pocket costs have gone at home. As a doctor and as a Senator, so far the hackers haven’t stolen any- up for millions of Americans. I heard from many people in my home body’s personal information that they As chairman of the Republican policy State of Wyoming who have a lot of know of. Apparently, they didn’t know committee, one of the things I do is concerns about the health care law and about this breach for weeks. The hack- look around the country and try to find the devastating side effects the law has er walked in through an open door in out how the policies that come out of on them. July, and the Obama administration Washington affect people all across the Over the past few weeks there have didn’t know anything about it until country. I have traveled over the past been headlines just about every day all August 25. Healthcare.gov stores huge month and heard from many people across the country with bad news about amounts of personal and private infor- that the President’s health care law is the health care law and its impact on mation about people, including their hurting them individually and costing the American people. Just this morn- access information and their health them more. ing the local newspaper, The Hill, has a care information, and people have a One place people are really being headline: ‘‘Support for ObamaCare con- right to know the information is se- hurt by the health care law is Alaska. tinues to fall.’’ cure. Here is a headline from The Hill news- Public approval of ObamaCare continued Where are the Democrats on the floor paper on Monday: ‘‘Alaska insurance to sink this summer, issuing the latest warn- of the Senate today ready to forcefully rates set to spike.’’ According to the ing for vulnerable Democrats who will face defend leaving the door open for these article, Alaskans buying health insur- voters this fall after backing the law. hackers? ance through the State’s exchange can It says that just 35 percent of voters Here is another headline from the expect a surprise spike of more than 30 now support the health care law. This September 2 New York Times: ‘‘Brac- percent on average.

VerDate Mar 15 2010 01:15 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.008 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5388 CONGRESSIONAL RECORD — SENATE September 9, 2014 Another place being hit is Iowa. American families on quality, afford- plained to me that there were students PricewaterhouseCoopers says the aver- able higher education. It is very appro- who showed up for the first day of class age person in Iowa who buys health in- priate that the Senator from New Jer- without the textbook because they surance through the exchange is going sey is presiding because he has been couldn’t afford the textbook. Now they to pay 11.5 percent more next year in one of the great leaders in the Senate are going to be behind before they even premiums. For others, premiums will on the affordability of higher edu- start because of the high cost of a col- be as high as 14 percent higher. Those cation, and it has been a pleasure to lege education. Iowa families aren’t getting a cut of work with him. Here we are at a State college, and $2,500 as promised by the Democrats Let me go through some of the num- the average debt held by a student who voted for this health care law and bers because they are somewhat shock- graduating from Bowie is $27,800—at a as the President said. What they are ing. We have 20 million students who State college. That is a shocking num- getting instead is an increase of 14 per- enter college every year, and 60 percent ber. cent—more money out of their pockets. will exit with student debt. The major- The same number, if we go through We can go round and round with indi- ity of students who now attend college the same thing at UMBC—where the vidual stories. They are paying more. will have to borrow money in order to president is Dr. Freeman Hrabowski— So it is no surprise then that today the be able to get a college education. one of the great universities of our headline in The Hill newspaper is that Thirty-seven million Americans today country—they find so many tools to it is more unpopular now and continues have college loans that are out- help their students with loans, scholar- to lose popularity. standing. Yes, we know some are young ships, work-study programs, and the Then the impact. It is astonishing. I professionals and some are older peo- debt there is also over $20,000 a year for picked up today’s Investor’s Business ple. I was surprised to learn that al- their graduating seniors. It is affecting Daily. The headline is ‘‘ObamaCare most 8 million Americans over the age their ability to perform in college. Spurs College Blues For Working Stu- of 50 have college loans that are still What do I mean by that? There are dents.’’ A lot of students have to work outstanding. So this is a burden many large amounts of debt they have to their way through college. Page 1, American families will have for the take care of. The students do every- above the fold, ‘‘ObamaCare Goes To rest of their lives. thing they can to reduce their debt, so College.’’ The average debt today is $29,000, and they work. In some cases they work that number is rising dramatically More than 200 colleges and universities— more than one job and attend college. every year. So when a student grad- This is because of the law, the way It affects their ability to perform and uates, the average debt they carry is successfully complete college. they define part-time work and full- $29,000. There is $1.2 trillion in out- time work, and full-time is defined as At Bowie State it takes about 6 years standing college loans—more than to do a 4-year program because the stu- 30 hours. credit card debt. ‘‘ObamaCare Goes To College.’’ dents are working and are having a As the Senator from New Jersey hard time meeting the credit require- More than 200 colleges and universities pointed out earlier today, the percent- ments. have restricted work hours for students, for age of a family’s disposable income part-time faculty, or both, citing the costs of In some cases I was told there are they need in order to pay for a college students who want to take a summer complying with the employer mandate re- education—which we need for global lated to the President’s health care law. class because it was offered, it was competition and for competition in The PRESIDING OFFICER. The time needed for their major, and it would this country—is far higher than any allow them to graduate in a more time- of the Senator has expired. other industrialized country in the ly way, but they couldn’t afford to Mr. BARRASSO. I ask unanimous world by far, equaling almost 50 per- take the summer class because the Pell consent for 1 additional minute. cent of disposable income. That is a grants aren’t available in the summer- The PRESIDING OFFICER. Without shocking number. Education is the time. objection, it is so ordered. great equalizer, and for many Amer- I thank Senator HARKIN, the chair- Mr. BARRASSO. Mr. President, what ican families it is out of reach because man of the committee of jurisdiction, I do is come to the floor to talk about of the cost and the necessity to borrow for offering legislation that would cor- the concerns I have for Americans who money. are concerned about their jobs, con- Let me get beyond the numbers for a rect that, that would allow for Pell cerned about the economy, concerned moment and talk a little bit about the grants to be available on a 12-month basis. That would help. about their opportunity to get the care people. Last Thursday Senator MIKUL- Yes, the effect of the high cost of they need from a doctor they choose at SKI and I were on the campus of Bowie a lower cost. They see all of these State University and UMBC. Bowie education is first and foremost on the issues as troublesome under the Presi- State is one of our historically Black individual. Too many children are not dent’s health care law. So I am going colleges and universities in Maryland, going to college, too many children are to continue to talk about this and the located in Prince George’s County. We not going to the college of their choice, impact this has on the American fam- had a chance to not only meet with Dr. and too many students are taking too ily. I am going to talk about restoring Mickey Burnim, the president of Bowie many years to graduate because of the people’s freedom to buy insurance that State University, but with students as high cost of college. Too many stu- works for them and their families be- well around a table to talk about how dents aren’t going on to those ad- cause they know what is best for them, they go about trying to arrange for vanced degrees because they have too not the Obama administration. I am scholarships and loans in order to be much debt, they have to work, and going to talk about reforms that get able to afford a college education. they have to pay off their student people the care they need from a doctor Bowie State University is a good buy loans. they choose at lower costs. I am going compared to other colleges; tuition is Too many students don’t have all the to talk about giving people choices, not only around $5,000. One would think training they need in order to do the Washington mandates. those students are in good shape, but best for themselves, and it is affecting Republicans are going to keep offer- let me tell my colleagues about the re- their ability to succeed economically. ing real solutions for better health care alities. They are delayed in their career without all of these tragic side effects. Dr. Burnim was explaining to us that choices because of extra years of col- Thank you, Mr. President. on the first day of school, many stu- lege, and it is affecting their ability to I yield the floor. dents who they thought would be en- buy homes because they have student The PRESIDING OFFICER. The Sen- rolled were not enrolled. Why? Because debt. ator from Maryland. they couldn’t put together the total fi- It is affecting our communities. f nancial package in order to satisfy the There are less retail consumers than tuition costs, so they were not for- there would otherwise be. Yes, it is af- AFFORDABLE HIGHER EDUCATION mally enrolled. fecting our global competition; yes, we Mr. CARDIN. Mr. President, I take I was talking to some students at have to increase Pell grants; yes, we this time to talk about a fair shot for that roundtable discussion who ex- have to increase public support; and,

VerDate Mar 15 2010 04:09 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.010 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5389 yes, we have to increase transparency, I thank Senator CANTWELL for her ef- they can have credit export programs but we can, this week and next, do forts in leading this fight, and I thank but our companies can’t have them in something about it by passing the leadership on both sides of the banking the United States? Bank on Students Emergency Loan Re- committee. I will show you what I mean by this financing Act. As Senate chair of the Joint Eco- report. I thank Senator WARREN and Senator nomic Committee, today I am releas- I commend to colleagues the Sep- FRANKEN for leading our effort. This ing a report on ‘‘The Contribution of tember 2014 Joint Economic Com- will allow us to refinance loans. People Exports to Economic Growth and the mittee report, ‘‘The Contribution of can’t today, they can’t refinance stu- Important Role of the Export-Import Exports to Economic Growth and the dent loans. They can’t take advantage Bank.’’ Important Role of the Export-Import of the lower interest rates. People who According to one analysis, exports Bank,’’ that I referred to earlier. have student loans are paying thou- are projected to account for almost 40 On the graph and report in figure 2 sands of dollars of extra interest costs. percent of real U.S. GDP growth over we show ‘‘Comparison between U.S. Let’s refinance it. The government this decade. and Other Countries’ Export Credit shouldn’t be making money off the We know we have stabilized the econ- Subsidies.’’ What do these numbers show? This backs of student loan holders because omy in America, but the only way we number is about ‘‘New medium- and are going to be able to expand it, to the interest rates are lower than what long-term official export credit vol- add more jobs, to make sure people are they are charging. Let’s refinance. umes, 2013, billions of U.S. dollars.’’ It working at their fullest potential, is to That will save thousands of dollars for shows that China’s medium- and long- families and would help us have more be able to export things to other coun- term credit export volumes are at $45.5 affordable opportunities for education tries with these emerging middle class- billion. in our community. es in places such as India and other That is what we are doing and that is Let’s give a fair shot to American countries where we can actually sell why we see them—as Senator CANT- families. Let’s take up and pass the our goods. WELL will discuss—going into markets Bank on Student Emergency Loan Re- This report highlights that the Ex- such as Africa and opening those mar- financing Act to allow those millions port-Import Bank plays a crucial role kets up for their companies, because of Americans who are currently hold- in supporting businesses, particularly they are willing to help them out of ing student debt to refinance at lower small businesses, to find markets for their own version of the Export-Import rates, saving thousands of dollars and their products. What does the report Bank—$45.5 billion in China. helping Americans afford a college edu- show? Well, first it shows the economy Germany, a very successful economy, cation. has expanded for the past 4 years and is at $22.6 billion in credit volume. I yield the floor. U.S. exports have been the ticket to Where is the United States? We are at The PRESIDING OFFICER (Mr. that growth. $14.5 billion. We are above countries SCHATZ). The Senator from Minnesota. Last year U.S. exports of goods such as France, Italy, and Brazil, but f reached an all-time high, $2.3 trillion we are below countries such as China, or 13.5 percent of U.S. GDP, an increase Germany, and South Korea. EXPORT-IMPORT BANK of 35 percent since 2009. Think of the You can imagine the impact if we got Ms. KLOBUCHAR. Mr. President, I jobs that means in America. rid of the Export-Import Bank. You rise today to speak in support of reau- In 2013, U.S. exports of goods and can imagine—which we cannot allow to thorizing the Export-Import Bank. I services were responsible for 11.3 mil- happen. am on the floor with the Senator from lion jobs, an increase of 1.6 million jobs The Export-Import Bank was first Washington, Senator CANTWELL, who since 2009. authorized in 1934. It supports U.S. has been such a leader as head of the Manufacturing and agricultural pro- businesses by providing financing that small business committee on this issue. ducers have also been able to increase the private sector that may be unable As I heard the Senator from Mary- their exports, supporting economic re- or unwilling to do at competitive rates. land talk about the importance of stu- covery and job growth. In the manufac- The Export-Import Bank does this by dent loans to our economy and the im- turing sector, nearly 25 percent of pro- providing loans, loan guarantees, and portance to our economy for having duction is exported and these exports insurance policies to increase export people being able to go out there and are responsible for about 3 million jobs. opportunities. get the education and fill the jobs I see this in Minnesota. In 2013, our In 2013, as our study shows, the Ex- today, another piece of this is to make goods and services exports rose to $20.7 port-Import Bank supported approxi- sure those markets are available, to billion, and Minnesota was ranked the mately 205,000 U.S. jobs and $37.4 bil- make sure our businesses are able to fourth largest agriculture exporting lion in U.S. exports. It made 745 new loans and loan guarantees worth $21.8 compete internationally, both small State in 2012, up from sixth in 2011. billion. and big, with companies from across Do you know what that means in real By issuing these loans, loan guaran- the world. This means jobs in America. terms? Our unemployment rate is down tees, and insurance policies, the Ex- Exports are critical to the U.S. econ- to 4.5 percent. Our Twin Cities area has port-Import Bank helped provide fund- omy, and we need to help our busi- the lowest unemployment rate of any ing for projects ranging from short- nesses, small and large, boost their ex- metropolitan area in the country, and term investments to more complex and ports. it is very much about exports. Compa- long-term transactions such as trans- When 95 percent of the world’s cus- nies—not just the big ones, but the portation and other infrastructure tomers live outside of our borders, small ones—that have learned to ex- projects. there is literally a world of oppor- port and are willing to use the tools to The Export-Import Bank also steps tunity out there for U.S. business. It export, means using the Export-Import in to provide credit to open up these used to be we were just focused on Can- Bank. new markets such as Africa, as I have ada, especially in Minnesota, and Mex- Yet U.S. exporters, as we all know, focused on. For example, in the past 4 ico, but we know there is a world of op- are competing with foreign producers years the Export-Import Bank has pro- portunity in emerging markets in in places such as Germany, France, and vided authorization for more than $4 places such as Asia and Africa, for us China, which are backed by their own billion in support for U.S. export to to finally be making things in America countries’ credit export programs and sub-Saharan Africa, yet China is still and having people buy them in other often receive other government sub- ahead of us. countries. sidies. The Export-Import Bank provides As a Senator, I have been working to I ask my friends who are slowing support to many industries, everything boost America’s ability to compete in down this reauthorization, how can we from gas and oil, to space and tele- the global economy and to open up say to our U.S. companies, big and communications, to agribusiness. these markets. That is why I strongly small, that we are going to allow 60 The Export-Import Bank supports support reauthorizing the Export-Im- other countries, including the top 10 U.S. exports to more than 150 coun- port Bank. exporting countries globally—that tries, small business. This is what I

VerDate Mar 15 2010 01:15 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.015 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5390 CONGRESSIONAL RECORD — SENATE September 9, 2014 hear all across our State since 114 the international marketplace—but $500,000 to over $20 million in just a few small Minnesota businesses have re- now is no time to basically curtail years and was able to do so with the ceived financing over the past few credit agencies’ ability to help make Export-Import Bank. years. those sales a reality when we have had We have 21 days left to get this right The big businesses tend to have trade fabulous U.S.-made products. and to help our economy continue to exports, right? They have exports they So I very much appreciate the Joint grow, but we have to do something want to go to Uruguay or Kazakhstan Economic Committee’s release of this here in the Senate; and that is, pass or somewhere in the world. They can report. It is showing that our econ- the reauthorization of the Export-Im- have some special person who knows omy—even though we faced this very port Bank. the language and who can help them disastrous financial collapse 6 years While we were home in August, we and hire a consultant in the country. ago—that report basically shows that heard many people talk about this How can a small business do that? Yet last week the trade deficit continued to issue. In fact, I would like to put up a they know their product is going to decline. A headline just recently said: few newspaper headlines that we saw sell in these other countries. ‘‘Trade deficit at 6-month low as ex- around the country. One is from the That is where the Export-Import ports climb.’’ Roanoke Times, which was an editorial Bank comes in, because working with So it does not take a rocket scientist that said: ‘‘In our view, small busi- our foreign commercial service, they to figure out that a growing middle nesses need this.’’ They called for the are able to get the tools they need, class around the globe is an excellent reauthorization of the Export-Import small businesses, to compete at the opportunity for us to sell U.S. manu- Bank. Another newspaper, the Wichita same level as big businesses. factured products. In fact, the middle Eagle, editorialized in support: ‘‘Reau- In August I visited Balzer, an agri- class is going to double over the next 15 thorize the Ex-Im Bank.’’ And the Co- cultural equipment manufacturer years. So that is a great opportunity lumbus Dispatch editorialized: ‘‘Ohio- based in Mountain Lake, MN, a town of for us to take American-made products ans benefit from Export-Import bank.’’ about 2,000 people. Balzer currently and get them into this marketplace. So these are just three of the edi- employs 74 people in Mountain Lake, 74 In fact, last year American compa- torials heard all around the country people out of 2,000. It has made a real nies exported more goods and serv- that are asking us to reauthorize this difference, the Export-Import Bank, for ices—totaling $2.3 trillion in value, 13.5 important credit agency and make sure their company. Exports are approxi- percent of our gross domestic product. we are giving small businesses and mately 15 percent of their sales. So that is a step in the right direction. manufacturers the tools it takes to ex- Or how about Superior Industries in But that is being threatened if Con- port. Morris. There are 5,000 people in that gress does not reauthorize this impor- But my colleague, who is the Joint town and 500 people employed at the tant credit agency to make sure these Economic Committee chair, brought up company. They are now exporting, deals get closed. That is why today we an even more specific point; that is, thanks to the Ex-Im Bank, to Canada, are here to make sure that a long-term where are we going to be in competi- Australia, Russia, Argentina, Chile, reauthorization of the Export-Import tion as it relates to China when they Uruguay, and Brazil. Bank is implemented. are chasing economic opportunity all How would they would get into Uru- Now, I know we already have about around the globe? In fact, an editorial guay? Do we think their small commu- 240 Members of the House of Represent- that was in the Chicago Tribune on Au- nity bank—which we love—is going to atives who are on record saying they gust 15 said: ‘‘Sub-Saharan Africa’s be able to help them figure out Uru- support a long-term extension of the economy is growing about 5.4 percent a guay financing? No. Export-Import Bank. I know there are year—outpacing the global rate of 3.6 That is why we have the Ex-Im Bank. many Senators here in the Senate who percent . . .’’ So here is Africa with It helps these small businesses to make support that. So why is this taking so lots of economic opportunity. It is major decisions, to finance major prod- long? Some people are even suggesting home to many very fast-growing econo- ucts and major deals, so they can actu- that we can do just a 2-month exten- mies in Angola, Nigeria, and Ethiopia. ally have jobs in the United States sion or a 3-month extension. Well, I can They go on to say: ‘‘The Ex-Im Bank that are providing exports to these tell you how ridiculous that idea is be- plays a vital niche role in the U.S. other countries. cause it does not give any certainty economy as backstop because commer- That is what this is all about. It is and predictability to businesses that cial banks and other financial firms critical. We have to reauthorize this are trying to close deals. often find ways to say ‘no’ to deals in- proven Ex-Im Bank and make sure our In fact, one business exporter from volving selling goods in developing exporters are competing on a level Texas said: countries.’’ That is from the Chicago playing field in a global market. The Export-Import Bank is absolutely es- Tribune. I yield the floor. sential to maintain and grow our businesses. So newspapers around America get The PRESIDING OFFICER. The Sen- . . . Recent reports on the uncertainty of the it. This is a key tool for us to access ator from Washington. Bank’s future may have already impacted new opportunities that are emerging in Ms. CANTWELL. Mr. President, I our bottom line. Our customers need the cer- developing countries. The fact is, China rise to congratulate my colleague, co- tainty of export credit to continue many of is already there, they are selling prod- chair of the Joint Economic Com- their sales abroad. ucts, they are using their credit agency mittee, for her report on the impor- So this individual Texas company is to help close deals. Why? Because a lot tance of the contribution of exports to such a reflection of the fact that ex- of banks are uncomfortable, either our economy and for the Export-Import ports are U.S. jobs. In fact, it is $2.3 with the size of the deal, the lack of fi- Bank. trillion in goods and services, and 11.3 nancial players in those emerging mar- The report she is issuing today has a million jobs in the United States are kets, and the inability to get these picture of cargo container ships leaving related to exports, many of those in deals closed without the export bank the Port of Miami. I could say that this manufactured products. and its assistants. picture could be any number of ports So why would we take and risk these Another editorial that was in the around the United States of America, kinds of numbers with the uncertainty Boston Globe actually talked about a certainly in my State, where one in of a credit agency that helps close U.S. company that lost a deal because three jobs is related to trade. these deals? With that many jobs and of our inability to make a decision I very much appreciate the Joint that much economic impact at stake, here. A California company ‘‘lost a $57 Economic Committee highlighting at why would we suggest that we only million contract this year because of this point in time how important the want to reauthorize it for a couple of ideological posturing in Washington.’’ export economy is to the U.S. econ- months? I think that is a very wrong- It is ‘‘a self-inflicted economic wound.’’ omy. My colleague comes from a simi- headed approach. They are talking about a firm that lar State where we like to say we make We have heard from many other com- ‘‘lost its bid to sell technology’’ that a lot of great manufactured products— panies. One from Georgia was able to was going to be used in the Philippines and we are very proud they are sold in increase its annual sales from roughly only because the Korean competitor

VerDate Mar 15 2010 01:15 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.017 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5391 could guarantee that their export-im- 787s made in South Carolina are Ex-Im PROPOSING AN AMENDMENT TO port bank would be there. financed. We are competing in the THE CONSTITUTION OF THE That is another example that we are wide-body market with countries such UNITED STATES RELATING TO not even waiting right now to have the as France; China will be getting in this CONTRIBUTIONS AND EXPENDI- negative impact; we are already having market. Every competitor of Boeing— TURES INTENDED TO AFFECT the negative impact because we are not GE makes gas turbines in Greenville. ELECTIONS—MOTION TO PRO- getting this done. Most of those are sold in the Mideast CEED So it is very important we make sure through Ex-Im financing. Every com- The PRESIDING OFFICER. Under we reauthorize the Export-Import petitor of these two large companies in the previous order, the Senates will re- Bank. As one company in my State South Carolina has an Ex-Im Bank. sume consideration of the motion to said, the Norwest Ingredients company: So to my colleagues in the House, I proceed to S.J. Res. 19, which the clerk ‘‘Loss of the export insurance provided think I am a pretty conservative guy, will report. by EX-IM Bank would be devastating but I am also practical. Why in the The assistant legislative clerk read to my business . . .,’’ that a short-term world would we shut our bank down as follows: extension of the Export-Import Bank when China is growing their bank? The Motion to proceed to Calendar No. 471, S.J. does not provide the certainty that we Chinese would support closing the Ex- Res. 19, a joint resolution proposing an need to finance these deals. Im Bank in America; so would the amendment to the Constitution of the I think this is so much what we need French; so would the Canadians; so United States relating to contributions and to be focusing on. I appreciate my col- would the British. If you really want to expenditures intended to affect elections. league’s contribution from the Joint give the American economy a kick in The PRESIDING OFFICER. The Sen- Economic Committee to this report. the wrong place, shut our bank down ator from Indiana. She talked again about the specifics of and allow the other countries that f what other countries are doing. compete with us to keep theirs open. This chart shows you the percentage There is plenty of waste in the gov- ISIS of credit agency resources against a ernment. So we pick one program that Mr. COATS. Mr. President, I rise to country’s GDP—how much they are in- is small in number, in terms of actual speak about the situation that the vesting in selling their products around volume that makes money for the United States is facing regarding the the globe. So we can see what India, Treasury and creates hundreds of thou- new terrorist threat from the new ca- China, France, and Germany are doing sands of job opportunities. This is liphate—so-called caliphate state of to basically dwarf what we are doing as smart conservatism? This is what con- ISIS. far as making sure our products are servatism has come to be, that you The President has announced that to- sold around the globe. take a program—that allows American morrow he will address the American I wish the financial market was there companies to compete in the inter- people and explain what he proposes to to help close these transactions. But national market, that makes money do about this new situation that faces just as we have a small business admin- for the American taxpayer—and you us, this Islamic state of Iraq and Syria, istration that helps get financial back- shut it down just to prove to people otherwise called ISIS or IS. ers to back small businesses, the Ex- you are ideologically pure? That is not We are at a critical moment facing a port-Import Bank helps U.S. manufac- conservatism. That is crazy, and we are serious danger, and now is the time to turers sell their products overseas. not going to let it happen. act together. For action to be effective, We have too much of a supply chain To my Democratic friends, we should it needs our united support. That is in the United States of America, with have reauthorized this a long time ago why the President’s address tomorrow manufacturing in aerospace, in agri- in a process befitting the Senate. There is so important. culture, and in automobiles, to give it is well over half of my conference I was alarmed by his admission in a all away by simply not reauthorizing ready to vote for reforms on the Ex-Im press conference 10 days ago that he the Export-Import Bank in a timely Bank, but we are not doing anything in had no strategic policy in mind. So I fashion. this body, and you are not going to welcome this opportunity now to learn So I again appreciate the cochair of pick our amendments. So there is plen- what this strategy is, and I truly hope the Joint Economic Committee in the ty of blame to go around. that it will be articulated fully and release of a report focusing on why ex- I hope we are smart enough as a completely with clarity so that not ports are so important to our economy. House and a Senate to get this right, only the American people but their I yield the floor. not to shut down the Ex-Im Bank that representatives here in the House and The PRESIDING OFFICER. The Sen- makes money for the taxpayer, creates the Senate know exactly what the ator from South Carolina. thousands of American jobs, for some President intends on doing and pro- Mr. GRAHAM. Mr. President, how ideological reason disconnected with posing. much time do we have? reality. The unspeakable depravities com- The PRESIDING OFFICER. The Re- China would love this. France would mitted by ISIS seem to have no limits. publicans have no time remaining. love this. When it comes to my State, The alarm bells have become louder as There are 3 minutes on the Democratic it would be devastating to the small ISIS henchmen continue their behead- side. businesses that benefit from Ex-Im fi- ings and their brutality and their bar- Mr. GRAHAM. Mr. President, I just nancing. If you can close their banks barism. One of the most acute dangers want to be recognized for the 3 min- down, count me in, we will close ours. ISIS poses is the wide scope of their utes. But I will be damned if we are going to ambitions. The PRESIDING OFFICER. Without close ours when they have theirs up First Syria, then Iraq, now Lebanon, objection, it is so ordered. and running to put people out of work later possibly Jordan, Saudi Arabia, Mr. GRAHAM. Mr. President, one, I in my State and all over this country and others are in their target sites. want to thank my colleague, Senator when you are talking about the best- ISIS is now widely and correctly KLOBUCHAR from Minnesota, of the paying jobs in America. judged to be the largest, best orga- Joint Economic Committee, for mak- I look forward to a further discussion nized, best financed, most capable, and ing the case on why the Ex-Im Bank is on this topic. most ambitious terrorist organization a good government program essential The PRESIDING OFFICER. All time in history. So when the President explains his to creating jobs in America from ex- for debate has expired. port sales. plan to degrade and defeat ISIS, I plan Boeing is in South Carolina; they are f to carefully examine it and look in Washington. Senator CANTWELL has through what I believe are the essen- been a champion of this issue as long CONCLUSION OF MORNING tial elements and hallmarks necessary as I have been around. Now that Boeing BUSINESS for us to succeed: its determination, its is making 787s in South Carolina, I will The PRESIDING OFFICER. Morning courage, its resources to enact the just put this on the table: 8 out of 10 business is closed. plan, its vision for where we want to

VerDate Mar 15 2010 01:15 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.012 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5392 CONGRESSIONAL RECORD — SENATE September 9, 2014 go, a clearly outlined goal that we by reassessing border security and de- be managed. It cannot be classified as want to achieve, and a realism that we termining whether it can be improved hoping something will work out. can be successful. to address the threat of foreign fighters The world is yearning for leadership. President Obama must outline the returning to the United States. On matters of foreign policy, it looks task of defending our Nation and de- The threat of Western, homegrown, to the United States and it looks to the grading and defeating ISIS and clearly radical, and violent jihadist terrorists leader of the United States. We need to lay out before us how we will accom- is real and it is growing. We know that. restore their confidence that we are plish this. ISIS boasts that they have trained and taking this threat seriously and that When I first addressed this subject motivated fighters who are already em- we are engaging in an effort to address last month, I outlined five areas in bedded in many countries throughout this successfully. which I believed urgent action was re- the world and that they have their So we wait with great anticipation quired, and I hope the President’s plan sights trained on the United States and for the remarks of the President that will include these five areas. Europe. There is no reason to dis- will occur tomorrow. First, as I have just said, I called for believe them. So we must respond to I yield the floor and I suggest the ab- the Obama administration to articu- this threat to our country in every pos- sence of a quorum. late their own plan to confront ISIS sible way. The PRESIDING OFFICER. The and protect America. I trust this will One effective step is to reevaluate clerk will call the roll. happen tomorrow. our entry procedures, including the The assistant legislative clerk pro- Second, I called for a vigorous, con- Visa Waiver Program. I know this is ceeded to call the roll. certed push with Islamic states and controversial. I know countries that The PRESIDING OFFICER. The Sen- communities to stand up to the out- have been loyal allies will raise alarms. ator from South Dakota. rageous ISIS perversion of their reli- But we have to understand that we Mr. THUNE. Mr. President, I ask gion and their culture. We haven’t seen need to conduct a thorough, candid as- unanimous consent that the order for outrage in the region from those mod- sessment of how this Visa Waiver Pro- the quorum call be rescinded. erates, the leadership, the political as gram affects our national security in- The PRESIDING OFFICER. Without well as the people who simply see this terests and whether there are changes objection, it is so ordered. action of ISIS as a perversion of their to the program that would enhance our Mr. THUNE. Mr. President, during religion. As destructive and brutal as it security. the past month, two American journal- is, where have they been? It is time for Similar reviews of our refugee and ists were murdered by a fanatical Is- them to step up. I believe we must asylum policies are also necessary. As lamic terrorist group, the Islamic make a concerted push with Islamic the ranking member of the Appropria- State, known as ISIL. The murder of states and communities to stand up to tions Homeland Security Sub- these two journalists is part of a cam- this outrage that is taking place. committee and a member of the Select paign of horrific brutality that has in- We should work with all political and Committee on Intelligence, I will seek cluded crucifixions, rape, the slaughter religious authorities to speak out such an assessment and pursue legisla- of civilians, and prosecution of reli- about how their faith and their culture tion that is responsive to the new dan- gious minorities, including Christians is being co-opted and perverted by ger we face. and Yazidis. these ISIS criminals. We then must In conclusion, when President Obama Currently ISIL holds large sections press them to take effective action to unveils his strategy to defeat ISIS—not of land in both Iraq and Syria, and the undercut the popular, political, and manage ISIS, not contain ISIS, but to group has made clear that its ambi- economic support ISIS extremists are defeat ISIS—I am hopeful his presen- tions extend even further. Meanwhile, getting. Genuine Muslim leaders— tation will include at least the essen- Iran continues its efforts to enrich ura- imams and others—need to take center tial elements I talked about: clarity nium, Ukraine is struggling to prevent stage to discredit the violent radicals and coherence, sound diplomacy to further Russian incursions, and the Is- and weaken their outreach and recruit- bring Muslim nations and communities lamic militants in Libya recently ment among Muslim youth. into firm opposition to ISIS extre- seized the U.S. Embassy compound Third, last month I called for much mism, appropriate expanded security after Americans were forced to evac- greater security assistance for our po- assistance to partners in the struggle, uate the war-torn country. tential partners in this fight against enhanced military action to include Here at home we are facing a crisis ISIS. The United States should move Syria, and greater attention to border on our southern border thanks to the quickly to provide arms, training, and security. President’s policies which have encour- other requested assistance to Iraqi If what the President says tomorrow aged thousands of unaccompanied chil- Kurdistan’s Peshmerga forces and to includes these elements, and hopefully dren to undertake the dangerous jour- other states that need and request sup- more, then I will look very carefully as ney to the United States. port and will work with us to address to how I can support the President and On the economic front, millions of this challenge. We need to find effec- the strategy and encourage my col- middle-class families are being tive ways to support and directly arm leagues to do the same, because I be- squeezed by the Obama economy and the reliable, vetted Sunni tribes and lieve it is essential that to succeed Obamacare. Job growth last month was Sunni leaders in Iraq who are essential against this threat, we need to speak a disappointing 142,000 jobs, the worst partners in combating this ISIS extre- with one voice. report this year, and far from the num- mism that ultimately are Sunni Is- We need to be united as Americans— bers we need to get the economy going lam’s greatest interest and threat. as a Congress and Americans through- again. Unemployment remains high, Fourth, it is clear ISIS cannot be de- out the country in terms of the nature and the unemployment rate would be feated without our participation. of the threat, what we need to do to ad- even higher if millions of Americans Therefore, I believe our current bomb- dress it, and the plan and strategy to hadn’t gotten so discouraged by the ing campaign against ISIS targets successfully achieve that goal. lack of job prospects that they gave up should be continued and expanded to If it falls short, then I hope the Con- looking for work altogether. include ISIS bases in Syria. gress can work with the President to Meanwhile, ObamaCare has not only If we have learned anything from the bring about the necessary steps to give failed to fix the problems in our health wars in Vietnam, Korea and Serbia and us every opportunity to succeed in this care system, it has made them worse. our experience along the Afghanistan- challenging task. I hope we don’t come American families are facing higher Pakistan border, we have learned the to that point. I hope we can unite. I health care premiums and fewer health futility of attacking military forces look forward to carefully examining care choices. In short, our country is that have safe haven bases just across the proposal. I trust we will be receiv- facing serious challenges both at home the border or nearby leads to less than ing at last leadership from the Presi- and abroad. success and leads to potential defeat. dent of the United States and his team What are Democrats doing about all Fifth, and lastly, I believe we need to in terms of addressing what I think is these challenges? Well, this week they address new dangers to our homeland a major crisis that cannot wait, cannot are taking up legislation that limits

VerDate Mar 15 2010 01:15 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.018 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5393 Americans’ First Amendment rights. That, of course, has been Democrats’ Republicans are working to create That is right; instead of taking up any legislative strategy all year. jobs; Democrats are trying to save of the 40 House-passed jobs bills, ad- The New York Times reported back their own. It is not too late for Demo- dressing our border crisis, or focusing in March that Democrats plan to spend crats to join Republicans to come up on the international challenges we are the spring and summer on messaging with bipartisan solutions to the chal- facing, Democrats have decided to votes, ‘‘timed’’—and I quote, ‘‘to coin- lenges facing our country. The House spend the first part of a brief 2-week cide with campaign-style trips by of Representatives passed somewhere session rewriting the First Amend- President Obama.’’ on the order of 350 bills, all of which ment. It is no wonder a George Wash- ‘‘Democrats concede,’’ the Times re- are collecting dust here in the Senate, ington University Battleground poll ported, ‘‘that making new laws is not 40 of which specifically deal with the found that 70 percent of Americans really the point. Rather, they are try- issues of the economy and job creation think the country is on the wrong ing to force Republicans to vote which every poll says is the American track. against them.’’ people’s No. 1 priority. Yet here we are Our First Amendment right to free- Let me repeat that. Despite the eco- again in a shortened work period where dom of speech is one of our most funda- nomic challenges facing American fam- we have a couple of weeks to actually mental rights. It is the right that helps ilies and steadily growing inter- do some things that would bend the protect all of our other rights by keep- national unrest, the Democrats have curve in the direction of lowering the ing government accountable and ensur- spent the past several months pursuing unemployment rate, growing the econ- ing that all Americans, not just those a legislative strategy in which ‘‘mak- omy, creating more jobs. We have a whose party is in power, get to make ing new laws is really not the point.’’ whole series of bills that have been their voices heard. We have seen that time and time passed by the other Chamber, the The Democrats’ proposed constitu- again here over the past several House of Representatives, that have tional amendment would severely cur- months on the floor of the Senate been sent here which specifically deal tail this freedom by giving Congress where we come here on a daily basis with the issue of jobs and the economy and State governments the authority casting political show votes, knowing that are sitting at the desk collecting to regulate political speech. That they are not going anywhere, designed dust because the majority leader has means Congress will get to decide how to appeal to a political constituency chosen instead to try to bring to the much of a voice Americans are allowed that they hope will come out and sup- floor a whole bunch of things he thinks in the political process. And that is bad port them during the November elec- are additive in terms of getting the news for Americans of every political tions. Instead of pursuing political con- vote out for Democrats in November affiliation. Under the Democrats’ legis- sensus—the only way to actually ac- elections but frankly do absolutely lation, the party in power could effec- complish anything in a divided Con- nothing to address the serious concerns tively silence the voices of those who gress—Senate Democrats have brought and challenges that are facing middle- disagree with them. up bill after bill to pander to their po- class families all across this country. Democrats are unhappy about recent litical base. It is disappointing that the The people’s representatives can do decisions by the Supreme Court that Democrats have put their electoral better. The people’s representatives rolled back some of the restrictions on prospects over Americans’ freedom of should do better. Whenever Democrats free speech and increased individuals’ speech this week. And it is dis- here decide they are ready to stop cam- voices in the political process. So their appointing that Democrats have spent paigning and start governing, Repub- solution is a constitutional amendment this entire year on political show votes licans are ready to go to work. to shut down the voices of those who instead of substantial legislation to ad- Mr. President, I yield the floor, and I disagree with them. Apparently they dress the many challenges that are fac- suggest the absence of a quorum. don’t realize that is not the way the ing American families. The President The PRESIDING OFFICER. The American system works. has been no help. Instead of urging clerk will call the roll. In America, if you don’t like what Democrats in Congress to work with The bill clerk proceeded to call the your opponents are saying, you have Republicans on Senate legislation to roll. Mr. FRANKEN. Madam President, I the freedom to persuade your oppo- deal with our country’s most serious ask unanimous consent that the order nents to adopt your position or you problems, he has been focused on cam- for the quorum call be rescinded. persuade the American people to vote paigning. It wouldn’t be a stretch to The PRESIDING OFFICER (Ms. say that campaigning has been the against them. You don’t try to revoke HEITKAMP). Without objection, it is so their right to speak. That is what they President’s main concern for the ma- ordered. do in totalitarian societies. It is not jority of his Presidency, whether it is Mr. FRANKEN. Madam President, I what we do here in America. involved in delaying Obama regula- will just come out and say it. Citizens In the United States your political tions to protect Democrats in the 2012 United was one of the worst decisions power is supposed to exist in propor- elections or his decision last week to in the history of the Supreme Court. It tion to the strength of your ideas, not defer his executive action on immigra- was a disaster, a radical exercise of in proportion to your ability to silence tion until after the election in what pro-corporate judicial activism. It was your critics. Fortunately for Ameri- White House officials essentially ad- seriously flawed both legally and factu- cans of every political persuasion, the mitted was an attempt to protect ally. Democrats’ amendment is unlikely to Democrats in November. Legally, the Court trampled its own go anywhere in Congress—as Demo- There is a place for campaigning—we precedence—cases such as Austin v. crats well know. all know that. We all do it—but it is Michigan Chamber of Commerce and So why are they taking up this legis- not in the halls of Congress or in the McConnell v. Federal Elections Com- lation this week when there are so Oval Office. We were elected to govern, mission, which had been on the books many problems, foreign and domestic, and that means we should be spending for years and stood for the obvious that need to be addressed? The answer our time on legislation to meet our Na- proposition that the people can enact is simple. Democrats are worried about tion’s challenges. We should be taking reasonable limits on money and poli- reelection, and they think this legisla- up legislation to support job creation. tics. tion somehow will help them get re- We should be fighting to give middle- Factually, the Court rested its con- elected. They have passed this amend- class families a break from clusions on the faultiest of premises— ment to appeal to members in the far- ObamaCare’s high premiums and re- that unlimited campaign expenditures left base who want restrictions on po- duced choices. We should be taking up by outside groups, including corpora- litical speech or at least on political measures to advance energy independ- tions, do not give rise to corruption or speech with which they disagree. ence in this country and make energy even the appearance of corruption. Democrats are betting that seeing this more affordable for working families. That assessment is disconnected from amendment defeated in Congress will We should be focused on what we need reality and is horribly out of touch encourage members of their political to do to address the crises abroad and with the sentiments of most Ameri- base to come to the polls in November. America’s security here at home. cans. For example, the Minnesota

VerDate Mar 15 2010 01:15 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.020 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5394 CONGRESSIONAL RECORD — SENATE September 9, 2014 League of Women Voters issued a re- on elections? Well, I guess the super- believe the measure of democracy’s port in which it concluded that ‘‘the rich have that kind of money, but the strength is in votes cast, not dollars influence of money in politics rep- middle class certainly doesn’t. The spent—for us, I think it is an easy resents a dangerous threat to the folks I meet with in Minnesota are try- choice. health of our democracy in Minnesota ing to make ends meet, pay off their I am going to vote to reverse Citizens and nationally.’’ I think if you asked student loans, train for a new job, or United, and I urge my colleagues to do most people whether unlimited spend- save some money to start a family. the same. ing on campaigns has a corrupting ef- They sure don’t have that kind of I thank the Presiding Officer. fect, they would agree and say, yes, of money just lying around, and they are The PRESIDING OFFICER. The Sen- course it does, and I think they would the folks who need a voice here in ator from Iowa. be right. But the decision in Citizens Washington. Mr. GRASSLEY. Madam President, I United was based on this unfounded In June the Judiciary Committee ask unanimous consent to speak for 25 and unbelievable idea that we have no held a hearing on the subject, and we minutes. The PRESIDING OFFICER. Without reason to be concerned about the ef- heard from a witness whose presen- tation I found particularly persuasive objection, it is so ordered. fects of unlimited campaign spending. Mr. GRASSLEY. Madam President, So we have this 5-to-4 Supreme Court and compelling. I suggest that my col- the proceedings on the amendment be- decision that ignores the law, ignores leagues read his testimony. He was a fore us show just how broken the Sen- precedent, invents facts, and as a re- State senator from North Carolina. He said: ate is under the current leadership. sult we ended up with a campaign fi- Yesterday the majority leader stated: nance system in tatters—one in which Suddenly, no matter what the race was, money came flooding in. Even elected offi- We’re going to have a cloture vote to stop deep-pocketed corporations, super- debate on this. [Republicans] say, well, wealthy individuals, and well-funded cials who had been in office for decades told me they’d never seen anything like it. We great, we’ll go ahead and support that be- special interests can flood our elec- were barraged by television ads that were cause we can stall. tions with money, thereby drowning uglier and less honest than I would have He also said: out the voices of middle-class Ameri- thought possible. And they all seemed to be There will be no amendments. Either cans who don’t have the luxury of coming from groups with names we had you’re for campaign spending reform or not. spending hundreds of thousands of dol- never heard of. But it was clear that corpora- So my Republican colleagues, they can stall lars or millions of dollars or hundreds tions and individuals who could write giant for time here. of millions of dollars to influence the checks had a new level of power in the state. This is an ‘‘Alice in Wonderland,’’ up- political process. He went on to explain that the vast side-down world the majority leader is This is real. Spending by outside majority of outside money that was describing. You can bet that if Repub- groups more than tripled from the 2008 spent on State races, including the licans were blocking Democrats from Presidential campaign to the 2012 Pres- Governor’s race, came from one man— describing this amendment, we would idential campaign when it topped $1 just one man—who reportedly poured be accused of obstruction. But when we billion. Outside spending went from hundreds of thousands of dollars into vote to proceed to this amendment, as $330 million in 2008 to over $1 billion in State politics. Before the Governor was we did yesterday, we are also accused 2012. What happened in the interim? even sworn into office, he announced of obstruction. It goes to show that Well, it was Citizens United in 2010 and who would write the State’s budget. whatever Republicans do, we will be ac- the floodgates were opened. Yes, it was that same donor. Appar- cused of obstruction. That is a catch- The middle class is not just being ently, the donor got his money’s worth. 22. That is the majority’s game plan— flooded, it is being blindfolded too, be- The budget he drafted was loaded with bring up partisan measures for polit- cause these wealthy special interest goodies for corporate interests and the ical posturing, avoid working together groups can often spend the money super-rich, provided at the expense of to solve problems, and blame the other anonymously, so voters have no idea middle-class and working folks. side no matter what the other side who is behind the endless attack ads I find this whole thing incredibly dis- does. That is why the Senate is broken. that fill the airwaves. turbing, this idea that a handful of The amendment before us would Here is how it works: If you have mil- superwealthy corporate interests in ef- amend the Bill of Rights and do it for lions of dollars you want to spend, you fect can buy our democracy—or in this the first time. It would amend one of can funnel it through back channels so case one guy. That is not how it is sup- the most important of those rights— that it ends up in the hands of a posed to work. Everyone is supposed to the right of free speech. The First group—typically one with a generic have an equal say in our democracy re- Amendment provides that Congress and benign-sounding name. gardless of his or her wealth. The guy shall make no law abridging freedom of I was trying to invent a name, such in the assembly line gets as many speech. The proposed amendment as ‘‘Americans for More America’’ and votes as the CEO—one. You don’t get would give Congress and States the ‘‘American America.’’ I was kind of extra influence just because you have power to abridge that freedom of free joking around, and it turns out there is extra money—or you shouldn’t. The speech. According to the amendment, group that has that name. They use government should be responsive to ev- it would allow them to impose reason- this money to buy ads and very often eryone and not just the wealthiest able limits, whatever those reasonable without disclosing the source of their among us. limits might be, on contributions and funds. To me, this whole thing looks a The way I see it is we can go two expenditures—in other words, limiting lot like money laundering, except now ways from here. On the one hand, we speech that influences elections. It it is perfectly legal. can continue to let Citizens United be would allow speech by corporations Again, this is real. A study just came the law of the land. We can perpetuate that would influence elections to be out which showed that in the current the fallacy that corporations have the banned altogether. election cycle alone there have already constitutional right to flood our elec- This amendment is as dangerous as been over 150,000 ads run by groups that tions with undisclosed money. We can anything Congress could pass. Passing don’t have to disclose the source of let deep-pocketed special interests buy for the first time an amendment to the their funding, and things are just get- influence and access and then set the Constitution amending the Bill of ting worse. Earlier this year, in a case agenda for the rest of the country or Rights is a slippery slope. Were it to be called McCutcheon v. Federal Election we can say enough is enough. We can adopted—and I believe it will not be— Commission, the Supreme Court was at restore the law to what it was before the damage done could be reversed only it again, recklessly doing away with a Citizens United was decided. More to if two-thirds of both Houses of Con- law that prohibited people from giving the point, we can restore the voice to gress voted to repeal it through a new more than $123,000 in the aggregate di- millions upon millions of everyday constitutional amendment, with three- rectly to candidates in an election Americans who want nothing more fourths of the States ratifying that cycle. The limit had been $123,000. Who than to see their government represent new amendment. has that kind of money? Who has that them. That is the choice we have be- So let’s start with first principles. kind of money lying around to spend fore us this week. For those of us who The Declaration of Independence states

VerDate Mar 15 2010 01:15 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.022 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5395 that everyone is endowed by their Cre- possible opposition. They would know is necessary for democracy. That is ator with unalienable rights that gov- no challenger could run an effective outrageous. The only existing right the ernments are created to protect. Those campaign against them. amendment says it will not harm is preexisting rights include the right to What precedent would this amend- freedom of the press. So Congress and liberty. ment create? Suppose Congress passed the States could limit the speech of The Constitution was adopted to se- limits on what people could spend on anyone except the corporations that cure the blessings of liberty to Ameri- abortion or what doctors or hospitals control the media. In other words, cans. Americans rejected the view that could spend to perform them. What if under this amendment, some corpora- the structural limits on governmental Congress limited the amount of money tions are OK and other corporations power contained in the original Con- people can spend on guns or limited are not OK. That would produce an Or- stitution would adequately protect the how much people could spend of their wellian world in which every speaker is liberties they had fought in that revo- own money on health care? Under this equal, but some speakers are more lution to preserve. So before the Colo- amendment Congress could do what the equal than others. Freedom of the nies would approve the Constitution, Citizens United decision rightfully said press has never been understood to give the Colonies—or then the States under it could not; example: Make it a crimi- the media special constitutional rights the Articles of Confederation—insisted nal offense for the Sierra Club to run denied to others. on the adoption—or the addition to the an ad urging the public to defeat a Con- Even though the amendment by its original Constitution—of the Bill of gressman who favors logging in the na- terms would not affect freedom of the Rights. tional forests; another example: Pro- press, I was heartened to read that the The Bill of Rights protects individual hibiting the National Rifle Association largest newspaper in my State, the Des rights regardless of whether the gov- from publishing a book seeking public Moines Register, editorialized against ernment or a majority approves of support for a challenger to a Senator this proposed constitutional amend- their use. The First Amendment in the who favors a handgun ban or for the ment. They cited testimony from the Bill of Rights protects the freedom of ACLU to post on its Web site a plea for Judiciary Committee hearing, and they speech. That freedom is basic to self- voters to support a Presidential can- recognized the threat the proposed government. Other parts of the Con- didate because of his stance on free amendment poses to freedom. stitution foster equality or justice or speech. Nobody wants a government But in light of recent Supreme Court decisions, an amendment soon may not representative government, but the that powerful which could enforce be needed at all. Four Justices right Bill of Rights is only about individual those examples I just gave as well as now would allow core political speech freedom. other examples. Free speech creates a marketplace of Don’t take my word for it. In fact, at to be restricted. Were a fifth Justice ideas in which citizens can learn, de- oral argument in Citizens United, the with this same view to be appointed, bate, and persuade fellow citizens on Obama administration told the Court there would be no need to amend the the issues of the day. At its core, it en- it would be legal for a corporation to Constitution to cut back on this polit- ables our citizenry to be educated, to be prosecuted for publishing a book ical freedom. Justice Breyer’s dissent for these cast votes, to elect their leaders. that expressly advocated for or against four Justices in the McCutcheon deci- Today freedom of speech is threat- the election of a candidate. Sounds im- ened as it has not been in many dec- sion does not view freedom of speech as possible, but that is what was said. an end in itself, as was so important to ades. Too many people do not seem to Consequently, the Obama administra- want to listen and debate and persuade. our Founding Fathers. He thinks free tion and the Democratic leadership political speech is about advancing, in Instead, they want to punish, intimi- support banning books they don’t agree his words, ‘‘the public’s interest in pre- date, and silence those with whom they with. Consequently, that should be a serving a democratic order in which disagree. For instance, a corporate ex- frightening prospect for all of us. collective speech matters.’’ ecutive who opposed same-sex mar- Under this amendment, Congress and To be sure, individual rights often do riage—the same position President the States could limit campaign con- advance socially desirable goals, but Obama held at that very time—is to be tributions and expenditures without our constitutional rights do not depend fired. Universities that are supposed to complying with existing constitutional on whether unelected judges believe be fostering academic freedom cancel provisions. Congress could pass a law they advance democracy as they con- graduation speeches by speakers some limiting expenditures by Democrats ceive it. Our constitutional rights are students find offensive. Government of- but not by Republicans, by opponents individual. They are not ‘‘collective’’— ficials order other government officials of ObamaCare but not by its sup- the word the Justice used. Never in 225 not to deviate from the party line con- porters. years has any Supreme Court opinion cerning proposed legislation. What does the amendment mean described our rights as collective. Our The resolution before us—the pro- when it says Congress can limit funds rights come from God and not from the posed constitutional amendment cut spent to influence elections? If an government or from the public, and if from the same cloth—would amend the elected official says he or she plans to they did, they could be taken away Constitution for the first time to di- run again, long before any election, from us at any time. So I don’t put minish an important right of Ameri- Congress under this amendment could much stock in the comment from one cans that is contained in the Bill of criminalize criticism of that official as Justice quoted on the floor today that Rights. In fact, it will cut back on one spending to influence elections. A Sen- the Court’s campaign finance decisions of the most important of those rights— ator on the Senate floor, as I am right are wrong. core free speech about who should be now, appearing on C–SPAN free of Consider the history of the last 100 elected to govern. charge, could, with constitutional im- years. Freedom has flourished where The proposed constitutional amend- munity, defame a private citizen. The rights belonged to individuals that gov- ment would enable governments to Member could say the citizen was buy- ernments were bound to respect. Where limit funds contributed to candidates ing elections. If the citizen spent what rights were collective and existed only and funds spent to influence elections. Congress said was too much money to at the whim of a government that de- That would give the government the rebut that charge, he could possibly go termines when they serve socially de- ability to limit speech. The amend- to jail. We would be back to the days sirable purposes, the results in those ment would allow the government to when criticism of elected officials was countries have been literally horrific. set the limit at low levels. There could a criminal offense. If people think that We should not move even 1 inch in be little in the way of contributions or cannot happen, it did happen in 1798 the direction the liberal Justices and election spending. There would be re- when the Alien and Sedition Acts were this amendment would take us. The strictions on public debate on who passed—and that is since our country stakes could not be higher for all should be elected. For sure, incum- was formed and since our Constitution Americans who value their rights and bents—those of us who sit in this has been governing our relationships. their freedoms. body—would find that outcome to be Yet the supporters of this constitu- Speech concerning who the people’s acceptable because it would weaken tional amendment say this amendment elected representatives should be,

VerDate Mar 15 2010 01:15 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.024 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5396 CONGRESSIONAL RECORD — SENATE September 9, 2014 speech setting the agenda for public before us has nothing to do with vot- The philosophy of the amendment, as discourse, speech designed to open and ing. Even if it did, polls consistently you can see, is very elitist. It says the change the minds of our fellow citizens, show that about 75 percent of Ameri- ordinary citizen cannot be trusted to speech criticizing politicians, speech cans support a requirement that voters listen, to understand political argu- challenging government policies—all of produce photo ID. ments, and evaluate which ones are these forms of speech are vital rights. Prevention of fraud is common sense. persuasive. Instead, incumbent politi- This amendment puts all of those ex- Voter fraud exists, despite the tactic of cians interested in securing their own amples in jeopardy upon penalty of im- voter ID opponents repeating over and reelection are trusted to be high-mind- prisonment. over that it does not. In my State of ed. Surely they would not use this new It would make America no longer Iowa, there have been successful pros- power to develop rules that could si- America. ecutions for in-person voter fraud. lence not only their actual opposing Contrary to the arguments of its sup- In North Carolina recently, 765 reg- candidate but associations of ordinary porters, the amendment would not ad- istered voters appeared, based on their citizens who have the nerve to want to vance self-government against corrup- names, birth dates, and last four digits vote them out of office. tion and the drowning out of voices of of their Social Security numbers, to As First Amendment luminary Floyd ordinary citizens. Quite the opposite. It have voted in another State. That cer- Abrams told the Judiciary Committee: would harm the rights of ordinary citi- tainly warrants investigation. We [P]ermitting unlimited expenditures from zens, individually and in free associa- would have more evidence of voter virtually all parties leads to more speech tion, to advance their political views fraud if this administration did not from more candidates for longer time peri- ods, and ultimately to more competitive and to elect candidates who support block efforts to prosecute its existence. elections. their views. By limiting campaign When Florida sought from the De- Why would anybody want to destroy speech, it would limit the information partment of Homeland Security a list that political environment—more voters receive in deciding how to vote, of noncitizens it could compare against speech, more candidates, longer time and it would limit the amount people its voter rolls, the Department refused periods, and ultimately competitive can spend on advancing what they con- to supply it. elections? Incumbents are unlikely to sider to be the best political ideas. Let’s turn back to the amendment use this new power to welcome com- Its restrictions on speech apply to in- before us, which affects only free petition. dividuals. Politicians could apply the speech rights, not voting rights. Keep In fact, the committee report indi- same rules to individuals who govern our eye on the ball. The amendment cates that State and Federal legisla- corporations. Perhaps individuals can- would apply to some campaign speech tors are not the only people who would not be totally prohibited from speak- that could not give rise to corruption. have the ability to limit campaign As my friend from Illinois stated, ing, but the word ‘‘reasonable’’ is in speech under the amendment. It says under current law an individual could this amendment. Reasonable limits can States and the Federal Government spend any amount of his or her own mean almost anything. Incumbents can promulgate regulations to enforce money to run for office, but an indi- likely would set a low limit on how the amendment. So unelected State vidual could not corrupt himself by his much an individual can spend to criti- and Federal bureaucrats who do not own money and could not be bought by cize him. Then the individual will have answer to anyone would be empowered others if he or she did not rely on out- to risk criminal prosecution in decid- to regulate what is now the freedom of side money. ing whether to speak, hoping a court speech for individuals and entities that Yet the amendment would allow Con- would later find the limit he or she ex- has been protected for 227 years by our gress and the States to strictly limit ceeded was unreasonable. That would Bill of Rights. That would make a what an individual could contribute to create not a chilling effect on speech mockery of the idea that this proposed or spend on his or her own campaign. but a freezing effect. amendment advances democracy. This does not further democratic That would make beating the incum- Another argument for the amend- self-government like we are used to in bents who would benefit from the new ment—some voices should not drown this country. powers to restrict speech much more out others—also runs counter to free When supporters such as the Senator difficult. speech, and it is also very elitist. It as- from Illinois say that those who spend In practice, individuals seeking to sumes voters will be manipulated into money in campaigns silence their crit- elect candidates in the democratic voting against their interests because ics, they have it exactly backwards. process must exercise their First large sums will produce so much speech One person speaking does not silence Amendment freedom of association in as to drown out others and blind them anyone, but the government pros- order to work together with others for to the voters’ true interests. ecuting people for speaking does. a common political purpose. This We had a perfect example very re- My friend says that candidates, un- amendment could prohibit that alto- cently in Virginia’s Seventh Congres- like individual groups, ‘‘abide by strict gether. It would permit Congress and sional District. The incumbent Con- rules on . . . how much is being spent.’’ the States to prohibit ‘‘corporations or gressman outspent his opponent 26 to 1. This is simply not so. That Senator is artificial entities . . . from spending Newspaper reports state that large factually wrong. The rules are the money to influence elections.’’ sums were spent on independent ex- same. The First Amendment requires That means labor unions. That penditures on the incumbent’s behalf, that candidates be able to spend as means nonprofit corporations such as many by corporations. No independent much as they want. That is true for in- the NAACP Legal and Educational De- expenditures were made for his oppo- dividuals, corporations, and unions as fense Fund, Inc. That means political nent. His opponent won. That sounds well. Individuals are limited in current parties. like really drowning out a political law on how much they can contribute The amendment would allow Con- point of view. to candidates. Corporations cannot gress to prohibit political parties from That appears to be undue influence? contribute to candidates at all. spending money to influence the elec- No. The winner of that primary spent The rules for expenditures are dif- tions. If they can’t spend money on just over $200,000 to win 55 percent of ferent. Candidate expenditures are ex- elections, then these political parties the vote. penditures by others independent of would be rendered as mere social clubs. Since a limit that allowed a chal- the candidate and are unlimited be- The prohibition on political spending lenger to win would presumably be cause they are simply free expression. by for-profit corporations also does not ‘‘reasonable’’ under the amendment, Individuals and corporations cannot advance democracy. Were this amend- Congress or the States could limit and, in fact, do not make unlimited ment to take effect, a company that spending on House primaries to as lit- campaign contributions under current wanted to advertise beer or deodorant tle as $200,000, all by the candidate, law. would be given more constitutional with no obviously unnecessary outside My friend also discussed fraud in vot- protection than a corporation of any spending allowed. ing, which he says does not exist, and kind that wanted to influence an elec- The second set of unpersuasive argu- opposed voter ID laws. The amendment tion. ments used by the proponents concerns

VerDate Mar 15 2010 01:15 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.026 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5397 Citizens United. That case has been adopting a Bill of Rights in the first It was President Lincoln who sum- mischaracterized as activist. As Mr. place. marized the genius of our democracy in Abrams stated, that case continues a As Justice Jackson famously wrote, his speech at Gettysburg: ‘‘ . . . of the view of free speech rights by unions ‘‘The very purpose of a Bill of Rights people, by the people, and for the peo- and corporations that was expressed by was to withdraw certain subjects from ple.’’ He proceeded to say that we must President Truman and by liberal Jus- the vicissitudes of political con- not let this vision perish from this tices in the 1950s. What Citizens United troversy, to place them beyond the Earth. overruled was the departure from reach of majorities and officials and to Yet Citizens United, day by day, elec- precedent, and Citizens United did not establish them as legal principles to be tion by election, is diminishing and de- give rise to unfettered campaign spend- applied by the courts. stroying the very vision that President ing. ‘‘One’s right to life, liberty, and prop- Lincoln summarized in that speech on The Supreme Court in 1976, in Buck- erty, to free speech, a free press, free- the battlefield at Gettysburg. ley v. Valeo, ruled that independent ex- dom of worship and assembly, and What does Citizens United say? It penditures could not be limited. That other fundamental rights may not be says that entities that are not individ- decision was not the work of supposed submitted to vote; they depend on the uals, that have no claim to the Bill of conservative judicial activists. outcome of no elections.’’ Rights, can spend unlimited sums to Wealthy individuals have been able We must preserve our Bill of Rights inundate the airwaves and drown out to spend unlimited amounts since then. including our rights to free speech. We the voice of the people. And corporations and others have been must not allow officials to diminish Imagine, if you will, the town square. able to make unlimited donations to and ration that right. We must not let Let’s turn the clock back to the early 501(c)(4) corporations since then as this proposal become the supreme law phase of our democracy. There we are at the town square and well. of the land. As Mr. Abrams wrote to the Judici- I yield the floor. everyone is supposed to have their ary Committee in questions for the The PRESIDING OFFICER. The Sen- chance to have their say in influencing the decisions that are to come. The record, ‘‘What Citizens United did do, ator from Oregon. town council says: Do you know what, however, is permit corporations to con- Mr. MERKLEY. I ask unanimous Mr. Jones or Mrs. Anderson, you get 30 tribute to PACs that are required to consent to speak for up to 10 minutes. seconds, but now over here we are disclose all donors and engage only in The PRESIDING OFFICER. Without going to give 4 hours to your opponent. independent expenditures. If anything, objection, it is so ordered. Would anyone consider that an exercise Citizens United is a pro-disclosure rul- Mr. MERKLEY. We have heard on in democracy? Oh, yes, the individuals ing which brought corporate money this floor some lengthy speeches that get 30 seconds, but the powerful enti- further into the light.’’ So I do not brought a number of arguments to bear ty—maybe the big landholder—gets 4 think my colleagues are correct in say- in an effort to appear learned, insight- hours to make his or her case. That is ing that this amendment is about so- ful, founded in law and founded in his- tory, all to obscure the fundamental not democracy. That is not ‘‘We the called ‘‘dark money.’’ And limiting People.’’ That is rules that are twisted speech is totally separate from disclo- fact before this body, which is some on this floor today want to see a govern- to fix the game on behalf of the power- sure of speech. This amendment says ful against the people, and that is what nothing about disclosure. ment owned and operated by the pow- erful, not the people. But that is ex- Citizens United represents. And it is the amendment, not Citi- Our system of government is such actly the opposite of what our Con- zens United, that fails to respect prece- that it is essential that citizens believe stitution was set up to do. The Found- dent. It does not simply overturn one that every citizen has a fair shot to ers of our Nation proceeded to lay out case. participate because if they do not be- As Mr. Abrams responded, it over- in very clear terms that the entire lieve there is a fair shot, then, in fact, turns 12 cases, some of which date back premise of our government would not the premise of democracy—‘‘We the almost 40 years. As the amendment has be ruled by the few over the many. It People’’—is destroyed because why par- 1 been redrafted, it may be 11 ⁄2 now, de- would not be a system of government ticipate if the system is rigged? That is pending on what ‘‘reasonable’’ means. set up of, by, and for the powerful. what we are talking about—the rigging Justice Stevens, whom the Com- They laid that vision out in the very of the system. I think those five Jus- mittee Democrats relied on at length first words of our Constitution. tices simply have not read the Con- in support of the amendment, voted This premise is so well-known to citi- stitution, have not read the first three with the majority in three of the cases zens that when you say: What are the words, do not understand the premise, the amendment would overturn. first three words of our Constitution, the foundation, the heart of our system Some members of the Committee they will say, together: ‘‘We the Peo- of government and what it is intended may not like the long established ple,’’ because that is what animates to accomplish. It is as if they scratched broad protections for free speech that our system of government—‘‘We the out the first three words of the Con- the Supreme Court has reaffirmed. But People.’’ Those who came to argue for stitution and said: We are rewriting it. that does not mean there are 5 activ- the government by and for the power- We are going to rig the system for ‘‘We ists on the Supreme Court. The Court ful are simply trying to destroy our the Powerful’’ over the people. That is ruled unanimously in more cases this Constitution and our vision of govern- what this debate is about. year than it has in 60 or 75 years, de- ment. In Citizens United, these five Jus- pending on whose figures you use. Its Citizens United, a court case that ab- tices—a one-vote majority over the unanimity was frequently dem- solutely ignores the fundamental prem- four who protested against this bizarre onstrated in rejecting arguments of the ises on which our Nation is founded, is effort to destroy the premises of our Obama administration. a dagger poised at the heart of our de- democracy—said: Unlimited sums, dark I have made clear that this amend- mocracy. It is a decision by five Jus- money—such sums ‘‘do not give rise to ment abridges fundamental freedoms tices that this framework doesn’t mat- corruption or the appearance of corrup- that are the birthright of Americans. ter. tion.’’ They could not be more wrong. The arguments made to support it are The writers of the Constitution felt Corruption in this sense is the rigging unconvincing. The amendment will this was so important to convey to of the game such that citizens do not weaken, not strengthen, democracy. It every citizen that this is the meaning, have a fair voice, and rigging the game will not reduce corruption, but will the core meaning of what our govern- is exactly what Citizens United does. It open the door for elected officials to ment is about, that they proceeded to is so obvious that, of course, it gives bend democracy’s rules to benefit write those words in a font that is ap- rise to the appearance that the game is themselves. proximately 10 times the size of every- rigged because it is. The fact that the Senate is consid- thing that comes after ‘‘We the People Think about the situation I described ering such a dreadful amendment is a of the United States. . . .’’ And all that where the town council says to Mr. An- great testament to the wisdom of our follows is to illuminate, expand on that derson or Mrs. Jones: You get 30 sec- Founding Fathers in insisting on and vision. onds; the opponent on the other side

VerDate Mar 15 2010 02:00 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.028 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5398 CONGRESSIONAL RECORD — SENATE September 9, 2014 gets 4 hours. That is exactly what we colleagues across the aisle in a couple the wealthiest, the most powerful op- are seeing in elections across the coun- years—in about a 2-year period—from a pressing the fundamental nature of our try. You may see in some elections market-based control of a major pol- democracy. that the average donation may be $50. lutant, carbon dioxide, to arguing that Together we can stay the hand that Along come the Koch brothers, who in no, no, no, it cannot be controlled. holds the dagger aimed at the heart of most States would be out-of-State, out- That would be an energy tax. democracy, and it is our responsibility of-State oil and coal billionaires, com- Well, this happens time and time to do so for this generation and for the ing in and maybe spending $3 million again, and the people across this Na- generations to come. or $5 million or more through a variety tion do, in fact, pay attention. They Thank you, Madam President. of front groups they have set up. are seeing the system is rigged. That is f How many individual donations does why in one poll 92 percent of Ameri- RECESS it take to get the same time to present cans said this program is broken. I your case as the Koch brothers spend- thought to myself: What is wrong with The PRESIDING OFFICER. Under ing, say, $3 million? Well, it would take the other 8 percent? Haven’t they paid the previous order, the Senate stands about 60,000 $50 donations to buy the attention? Don’t they know how much in recess until 2:15 p.m. Thereupon, the Senate, at 12:56 p.m., same opportunity to speak. So Citizens this system is being corrupted by Citi- recessed until 2:15 p.m. and reassem- United is very much like that town zens United, by the decision of those bled when called to order by the Pre- council saying: You, madam citizen, five Justices? get 30 seconds, but you, mister rich, Well, in addition, there is another siding Officer (Ms. BALDWIN). powerful individual, get 4 hours. So, of form of corruption that comes from f course, it is corrosive and corrupting. Citizens United; and that is those indi- PROPOSING AN AMENDMENT TO It erodes fair opportunity for all citi- viduals who have been elected by these THE CONSTITUTION OF THE zens to have their voice heard. And be- vast sums are beholden to those who UNITED STATES RELATING TO cause it does erode the ability of all elected them and they will choose no CONTRIBUTIONS AND EXPENDI- citizens to have their voice heard, of policy that goes against those who TURES INTENDED TO AFFECT course, it enhances the belief, that is, have pulled their strings and gotten ELECTIONS—MOTION TO PRO- the appearance that the system is them elected. That is definitely a form CEED—Continued rigged, the appearance of corruption. of serious corruption in a democracy, The PRESIDING OFFICER (Ms. It changes the debate in this Cham- where ideas are supposed to be debated BALDWIN). The Senator from Utah. ber because colleagues look at these and decided, analyzed, not where vast Mr. HATCH. Madam President, more millions of dollars brought to bear by corporate or individual wealthy bil- than 40 years ago, in New York Times just a couple individuals and they say lionaires pull the strings. So it is de- v. Sullivan, Justice William Brennan to themselves in the back of their stroying the competition between ideas described ‘‘a profound national com- head: I better not step on the toes of on how to take a path that works for mitment to the principle that debate that group that can now spend millions ‘‘We the People’’ instead of ‘‘We the on public issues should be uninhibited, of dollars in my election way down in Powerful.’’ robust, and wide-open.’’ The measure a southern State or way out in a west- When people back home see those in now before the Senate shows that this ern State or way up in the northeast. I this Chamber arguing to cut food commitment is in serious jeopardy. better not step on their toes. If that is stamps while not cutting a single egre- Next week marks the 227th anniver- not corrosive and corrupting to a ‘‘We gious tax giveaway to powerful oil sary of the drafting of the U.S. Con- the People’’ debate and decision- companies, they see the corrosive in- stitution. Those who participated in making, I do not know what is. fluence of Citizens United. When they that process agreed that individual lib- Let’s take an example. Not so long see folks across the aisle arguing that erty requires limits on government ago the party across the aisle was say- you should not eliminate these sub- power, but they differed on how ex- ing: We think we have a good idea on sidies that go to companies that ship plicit and extensive those limits should how to use a market-based system to our jobs overseas, and that you should be. Many thought the simple act of del- control sulfur dioxide. Rather than oppose subsidies to bring those jobs egating enumerated powers to the Fed- putting a limit on each smokestack, we home, they see the powerful influence eral Government and reserving the rest will create an overall limit and allow of Citizens United. The list could go on to the States would be enough. Others the market to allocate the most cost- and on. were more skeptical of government effective way to reduce that sulfur di- We have a particular challenge be- power and insisted that the Constitu- oxide pollution. That cap-and-trade cause the concentration of wealth in tion needed a bill of rights. Those skep- system invented across the aisle, pro- America is greater than it has been tics, however, were not skeptical posed across the aisle, passed across since 1920, greater than it has been for enough. The measure before us today, the aisle, actually worked pretty well. virtually a century. And now we have a S.J. Res. 19, would allow the govern- In fact, it worked spectacularly. Sulfur system, thanks to our Supreme Court ment to control and even prohibit what dioxide and acid rain were decreased majority of five, that says wealth can Americans say and do in the political faster, more cheaply than anyone envi- be brought to bear to buy elections process. sioned. If the range of possible out- across this Nation. This is not the sys- Yesterday a member of the majority comes was considered to be 1 through tem that colonists thought about when leadership said this measure is ‘‘nar- 10, this was a 25. It was a resounding they were trying to set up a govern- rowly tailored.’’ It is possible to be- success. ment that would serve every Amer- lieve that only if you have never read But along come two individuals who ican—not the few—that would serve S.J. Res. 19 and know nothing about ei- have these billions of dollars who are humble, ordinary working Americans— ther the Supreme Court’s precedents or getting into elections all over the not the most powerful—that would past proposals of this kind. This is not country, who are threatening to put serve those in every economic level for the first attempt at empowering the millions in to those who disagree, and a better vision, a better opportunity government to suppress political they say: No, no, no. Sulfur dioxide, for employment, a better opportunity speech, but it is the most extreme. hmm, do not apply this idea that for health, a better opportunity to live Four elements of this proposal are worked so well for the carbon dioxide a quality life, instead of just those who particularly troubling. pollution; do not do that; no matter have the biggest bank checkbooks. First, its purpose is to advance what how well this idea worked, do not do I urge my colleagues, let’s take up it calls ‘‘political equality.’’ None of that because we won’t fund your elec- this issue. How could any issue be more the constitutional amendments pre- tion. If you are with us, we will fund important than this issue that goes to viously proposed to control political massive amounts of campaign ads to the very core of our democracy? Let’s speech has made such a claim. The attack your opponents. That is exactly not try to run these lengthy, lengthy irony is astounding. At the very time what the Koch brothers have done, and speeches with learned, learned quotes, in our history when technology is nat- they reversed the entire position of my to try to disguise what this is about: urally leveling the political playing

VerDate Mar 15 2010 02:00 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.031 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5399 field, this proposal would give the gle dollar to influence elections but As the Supreme Court has recog- power to define political equality to leaves multibillion-dollar media cor- nized, the First Amendment is pre- government. If simply suggesting that porations free to influence elections as mised on a mistrust of government the government should have the power much as they choose. That set of prior- power. Neither the nature of govern- to enforce its own version of political ities represents a twisted sense of po- ment power nor its impact on indi- equality is not enough to oppose this litical equality that I cannot believe vidual liberty has changed. S.J. Res. 19, proposal, then our liberties are in even most Americans share. therefore, proves three things. It greater danger than I thought. Finally, this proposal would allow proves that the government’s tempta- In addition to its stated purpose, this government to distinguish between tion to control what Americans say proposal is also troubling because of what it calls natural persons and ‘‘cor- and do in the political process is as the power it would give to government. porations or other artificial entities strong as ever. It proves that the ma- Past proposals of this kind were very created by law.’’ Unlike other provi- jority believes it can retain power only specific about what government could sions of the Bill of Rights, such as the by suppressing the liberties of our fel- or should regulate. One measure, for Fourth or Fifth Amendment, the First low Americans. It proves that the pro- example, covered expenditures made Amendment does not use the word found national consensus Justice Bren- ‘‘to expressly advocate the election or ‘‘person;’’ it simply protects the free- nan described may no longer exist. defeat of a clearly identified candidate dom of speech—a freedom that obvi- Another irony is that the majority in for Federal office.’’ More recently, pro- ously can be exercised not only individ- what we often call the world’s greatest posed amendments covered expendi- ually but also collectively. deliberative body is trying to stifle the tures made ‘‘in support of, or opposi- Yesterday a Democratic Senator dis- free speech of citizens with whom they tion to, a candidate.’’ The proposal be- missed the notion that corporations disagree. This is nothing more than fore us today, however, says that gov- can be treated as persons under the law election-year misdirection, an attempt ernment may regulate ‘‘the raising and because corporations never get mar- to distract attention from the major- spending of money by candidates and ried, raise kids, or care for sick rel- ity’s complete failure to address the others to influence elections.’’ That is atives. real problems facing our Nation. all it says. It would allow government Is he kidding? A corporation cannot We should heed the advice of our late to control the raising and spending of care for sick relatives, but it certainly colleague from Massachusetts, my money by anyone doing anything at can speak, and that is what this debate friend Senator Ted Kennedy. We were any time to influence elections. No is all about. As the Supreme Court ob- often called ‘‘the odd couple’’ because proposal of this kind has ever been served more than a century ago, cor- we worked so well together but came drafted more broadly. porations are ‘‘merely associations of from disparate or different political The same Democratic Senator who individuals.’’ areas. In March 1997 this body was de- yesterday claimed this proposal is nar- Perhaps I need to remind my col- bating another proposed constitutional rowly tailored referred to big-money leagues that the first section of the amendment to control political speech. campaign donors, high rollers, and for- first title of the United States Code is That measure, I want my colleagues to profit corporations with unlimited the Dictionary Act. It defines the word know, was more narrowly drawn than budgets. I urge not only my colleagues ‘‘person’’ to include ‘‘corporations, the one before us today. It was limited but everyone listening to this debate to companies, associations, firms, part- to expenditures supporting or opposing read S.J. Res. 19. Just read it. My lib- nerships, societies, and joint stock candidates and did not exempt Big eral friends may want to paint certain companies, as well as individuals.’’ Media. Yet Senator Kennedy rose to billionaires or for-profit corporations Many of what this proposal labels oppose it and said: ‘‘artificial entities’’—such as nonprofit as the big bad wolf, but this proposal In the entire history of the Constitution, goes far beyond that. It would allow organizations, associations, or soci- we have never amended the Bill of Rights, government to regulate the raising and eties—exist to magnify the voices of in- and now is no time to start. It would be spending of money not only by billion- dividuals. The Supreme Court case that wrong to carve an exception in the First aires or corporations but by what it sparked this debate, Citizens United v. Amendment. Campaign finance reform is a simply labels ‘‘others.’’ That means ev- Federal Election Commission, was serious problem, but it does not require that eryone everywhere. It means individ- brought not by a for-profit corporation we twist the meaning of the Constitution. uals as well as groups, rich as well as but by a nonprofit organization. S.J. That was said by Senator Kennedy, poor, for-profits, nonprofits. Under this Res. 19 would allow government not and he was right. The Senate voted 38 proposal, government could control only to regulate but to prohibit the to 61 against that proposal. And Sen- them all. raising or spending of money by these ator Kennedy’s words apply with even It takes no imagination whatsoever nonprofits, associations, and societies more force today, there is no question to realize that virtually everything can to influence elections. They could be about it. influence elections. Voter registration banned from speaking on behalf of The real purpose of S.J. Res. 19 is ex- drives, get-out-the-vote efforts, non- what my Democratic colleagues like to actly what America’s Founders ratified partisan voter information, discussion refer to as ordinary, average Ameri- the First Amendment to prevent. Sup- about issues, town meetings—all of cans. Suppressing the speech of organi- porters of this radical proposal appar- these activities and many more influ- zations that speak for individuals ently believe that freedom itself is the ence elections. would leave millions of those Ameri- problem. That view is contrary to the Once again, I urge everyone to read cans with no voice at all. most fundamental principles of this the proposal before us. It would give We should eliminate rather than cre- Republic and incompatible with a free government the power to regulate any- ate barriers to participation in the po- society. Freedom is not the problem; it thing done by anyone at any time to litical process. We should encourage is the solution. influence elections. rather than discourage activities by I am really amazed that my col- The third troubling element of this our fellow citizens to influence the leagues on the other side would at- proposal is that it would suppress the election of their leaders. We should tempt to pull this stunt at this time in First Amendment freedom of speech prohibit rather than empower govern- our country’s history, when almost for individual citizens but protect the ment to control how Americans par- anybody who looks at it knows it is First Amendment freedom of the press ticipate in the political process. We done just for publicity and political for Big Media. Supporters of this should, to return to Justice Brennan’s reasons. At the same time, what an amendment want to manipulate and words, strengthen rather than dis- awful amendment it is. It makes one control how individual citizens influ- mantle our national commitment to wonder if people in the Congress today ence elections but are perfectly happy uninhibited, robust, and wide-open de- are really as serious about our country with how Big Media influences elec- bate on public issues. Making S.J. Res. as they were back at the beginning of tions. This proposal would allow gov- 19 part of the Constitution would in- this country. Those people didn’t have ernment to prohibit nonprofit organi- stead make that debate inhibited, nearly the knowledge from books of zations from raising or spending a sin- weak, and closed. learning and capacities we have today,

VerDate Mar 15 2010 02:00 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.036 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5400 CONGRESSIONAL RECORD — SENATE September 9, 2014 but for some reason they were inspired. You may remember that my Repub- work, they will give you a straight an- They were well educated. They were lican colleagues blocked these bills the swer: It doesn’t. Democrats know it is strong people. They knew what was last time the Democrats brought them time they got a raise. Republicans dis- right, they stood up for what was right, to the floor. So I am going to encour- agree. They said no earlier this year to and they did it in very carefully se- age my Republican colleagues to say a raise for 15 million women, and I lected words, which would be surely di- something besides no when it comes to think the American people deserve to minished by what the Democrats are higher wages for workers or college af- hear why. trying to do here today. fordability or pay equity, because if Women aren’t the only ones affected I sometimes wonder, is politics more they have a reason for opposing legisla- by these challenges, because when important than the Constitution? They tion that would help women and fami- working women aren’t getting equal know they are not going to pass this lies get ahead, I think the American pay, when they haven’t gotten a raise resolution. We are not going to let people deserve to hear it. in years, when they are struggling to them pass it. It is crazy. It is wrong. It The role of women and families in make ends meet, that means their fam- is out of whack. It is against almost our economy has shifted dramatically ilies are too—and our economy as a everything the Founding Fathers stood in the last several decades. Today 60 whole is weaker for it. for. It is against Supreme Court prece- percent of families rely on earnings Democrats have put forward ideas dent. It basically would limit the from both parents—up from 37 percent throughout this year that would help rights of far too many people. in 1975. Women today make up nearly level the playing field. It has been, I I know my colleagues are going to ul- half of the workforce, and more than must say, deeply disappointing that timately vote this down. This will ever women are likely to be the pri- time after time our Republican col- never get 67 votes and never should. It mary breadwinner in their families. leagues have simply said no—no to tax never should have seen the light of day Women are making a difference across and pay discrimination through the and never should have seen a minute the economy in boardrooms and lecture Paycheck Fairness Act, no to giving on the floor of this august body. It di- halls and small businesses, but our Na- millions of workers across the coun- minishes this body, that this type of tion’s policies have not caught up with try—including 15 million women—a amendment is being brought to the the times. In fact, today they are hold- raise, no to legislation that would re- floor of the Senate. ing women back. lieve some of the crushing burden of The PRESIDING OFFICER. The Sen- Across the country women still earn student loan debt, and the list goes on. ator from Washington. 77 cents on the dollar on average com- Republicans rejected so much as a de- Mrs. MURRAY. I ask unanimous con- pared to men. That difference adds up. bate on each of those bills just a few sent to speak as if in morning business In Seattle last year women earned 73 months ago, and that is a shame be- for 10 minutes. cents on the dollar compared to their cause we know these are issues women The PRESIDING OFFICER. Without male counterparts, and that translated and families truly care about. They rightly expect us to be working to- objection. to a yearly gap for women of $16,346. gether to come up with solutions. If FAIR SHOT AGENDA Nationwide, over a typical woman’s Republicans are just going to reject Mrs. MURRAY. Madam President, lifetime, pay discrimination amounts our ideas, I think their constituents over the last several weeks I spent a to $464,320 in lost wages. The gender deserve to hear what else they have to lot of time traveling across my home wage gap makes dealing with other fi- State of Washington hearing from offer. nancial burdens such as student loans When I was in my home State of workers and families about the chal- even more challenging. Washington last month I spoke with an lenges they face in today’s economy. This past spring I invited a woman entrepreneur named Leilani Finau. While there is no question the economy from Massachusetts named AnnMarie Leilani has worked very hard to get has made a lot of progress, I spoke with Duchon to our Budget Committee hear- her own business off the ground. She far too many people who are working ing to testify about her own personal told me for the last 12 years she has as hard as they can and still feel as experience with pay inequity. only been able to pay the interest on though they are running in place. De- AnnMarie told us that over the years her student loans. So more than a dec- spite their best efforts, they have not she missed out on more than $12,000 in ade later she still owes the same achieved the kind of economic security wages compared to a male coworker amount of principal. that allows them to buy a home or save who was doing the same job. She told I also talked to a woman named for retirement or start the new busi- us she and her husband both have stu- Veronica Donoso. She is an administra- ness they have been thinking about. I dent loan debt and those lost wages— tive specialist and a single mom from think we can all agree more Americans $12,000—would have covered 10 months my home State. Veronica told me should have those kinds of opportuni- of payments. AnnMarie said thinking about the financial burdens she is deal- ties. about that setback was ‘‘heart- ing with—not only student loans but So I am proud that this year Senate breaking.’’ childcare for her daughter. She said, ‘‘I Democrats have focused on legislation AnnMarie said she was ultimately try not to let my daughter see my that would go a long way toward giving able to go back and convince her em- struggles, but I feel terrible knowing our families and Americans a fair shot. ployers to give her equal pay, but un- that she is suffering too.’’ We have made the case for giving mil- fortunately most women are not able I think women such as AnnMarie, lions of Americans across this country to do that. Many don’t even know they Leilani, Veronica, and a lot of other a raise, helping students get out from are earning unequal wages. That is a women across the country deserve to the crushing burden of student loan real loss, both for our families and for hear more than just no from Repub- debt, ensuring that in the 21st century our economy as a whole. That is why licans when it comes to legislation working women get equal pay, and so we need the Paycheck Fairness Act to that could make a difference for them much more. tackle pay discrimination head-on and and their families. In the coming days we are going to help ensure that in this 21st century In the next few days Republicans will bring these issues to the forefront once workers are compensated based on how have an opportunity to take a different again and make another push for our they do their job, not on their gender. approach than they have so far this Republican colleagues to join us. Each Another policy that needs an update year. I am calling on the Senate Re- one of these policies would do so much is our Federal minimum wage. Two- publican leader to take advantage of it. for our families and for economic thirds of minimum wage workers are We should be able to debate these im- growth, and that is especially true be- women. Many of them are the sole portant issues. Democrats have put so- cause each would help women in to- breadwinners and sole caregivers for lutions on the table, a higher minimum day’s workforce. I have come to the their family, and I know if you ask wage, student debt relief, giving floor to focus on that last point in par- them how $7.25 an hour translates to a women more tools to fight pay dis- ticular and talk about why each of grocery trip for a family of four or crimination, and more. If Republicans these bills would make a real dif- shopping for school supplies or just have more to say than no, it is time for ference for women across the country. paying transportation to and from them to do it.

VerDate Mar 15 2010 02:00 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.037 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5401 Thank you. I yield the floor. lower interest rates and benefit from came before us. It is a very simple The PRESIDING OFFICER. The Sen- lower interest rates for a variety of premise again. We are a global econ- ator from Michigan. things, but they cannot refinance their omy. We want to export our products Ms. STABENOW. Thank you, Madam student loans. People are locked in, but not our jobs, and we have tax pol- President. I would ask to speak for up whether it is current students, people icy right now that incentivizes those to 10 minutes as if in morning business. recently out of college—we know there who want to take the jobs overseas. The PRESIDING OFFICER. Without is a certain percentage of the trillion Some of this is craziness in the Tax objection. dollars in student loans that are paid Code, I believe. Ms. STABENOW. Thank you. First, I by people who are retired, actually on One of those very simple policies that thank the distinguished chair of the Medicare and still paying off student has sent a message that it is OK to ship Budget Committee for her words and loans. The law currently does not allow jobs overseas is the fact that if a com- her work on focusing on middle-class them to even just refinance to the low pany closes shop in places such as families and making sure the economy rates that one can get in other parts of Michigan or Wisconsin or Ohio or any- grows for everyone. I wish to echo and the economy. Back in June we put for- where in the country—we have seen too expand upon the very same topics our ward a refinancing bill that would help much of this in Michigan over the last distinguished chairwoman has been 25 million Americans—including 1 mil- decade—they can actually write off the talking about. lion in Michigan alone—reduce their cost of the move. The employer can say First, I think it is important to note student loan debt, put more money in to the employees, you pack up the that we have seen an improvement in their pocket so they can buy a house, boxes, and by the way—through the the economy. We are seeing a stock they can raise a family. I know real- Tax Code—you will end up paying for market that has doubled since Presi- tors in my State of Michigan and those the move. The Bring Jobs Home Act dent Obama took office. We have seen who are involved in mortgage banking says, no, we are not paying, as Amer- deficits going down. We are seeing pro- are now deeply concerned about this ican taxpayers, for your move if you jections of slowing increases as they issue because the debt they have is dis- are moving outside the country with relate to health care and Medicare qualifying people from buying a home those jobs. If you want to come back, costs. We are seeing more jobs being or being able to make other invest- great, you can not only write off those created. ments, starting a small business or costs, we will give you an extra 20-per- The challenge for us is making sure other opportunities for refinancing. cent tax credit for the cost on top of it. everyone has an opportunity in that So this is a critically important Very simply put, the Bring Jobs economy. We see an economy that has issue. If someone is following the rules Home Act is for those who want to turned, but yet we see way too many of working hard and doing what we all come home to America. We are all for people who are not able to benefit from say to do, getting skills so they can it. We will support you and help you do that economy and who don’t have a compete and be part of the new econ- that. If you want to leave America, you fair shot to create the opportunities for omy and get a job, but folks find them- are on your own. That was blocked by themselves and their families. selves in a situation where all they can the Republicans in July. So there is more work to be done and do is create crushing debt in all of this As if blocking those four very impor- that is what the ‘‘fair shot’’ agenda is and spend years and years and years, tant, commonsense bills was not out- all about. I thank the Presiding Officer oftentimes hundreds of thousands of rageous enough, Republicans once for her leadership around this whole dollars in student loan debt, this is a again blocked a bill to guarantee question of how to make sure the econ- concern. This is getting in the way of women equal pay for equal work. I omy works for everyone, how to make allowing people to be successful and can’t believe we are talking about this sure we have a middle class in this have a middle class in this country. We in 2014. Everybody says, wait a minute, country—and we will not have a middle have our student loan bill based on stu- we have equal pay for equal work. We class unless everybody has a fair shot dents, and it was unfortunately voted have a law on the books that is not en- to make it. down by Republicans in June. forced at this point in time. We have We have put together five issues we Then we go on to an issue we didn’t court decisions that do not allow the have voted on that we will continue to originally have on our agenda until the actual equal pay for equal work statute bring up over and over again until they Supreme Court made what I believe to truly be enforced in this country, get passed—and certainly there are was an outrageous decision that affects which is why we find ourselves in a sit- other issues as well but five that would women in their personal health care uation where nationally women still make a tremendous difference to decisions, basically saying that for a only receive 77 cents on a dollar. In Americans in terms of creating oppor- woman to get a certain kind of cov- Michigan, it is 74 cents on a dollar. tunity. erage for birth control or contracep- It is hard to believe that in this day The first one is the minimum wage. tion, she would have to walk into her and age—in 2014—42 of our Republican If you work, you ought to be receiving boss’s office and sit down and explain colleagues voted against the Paycheck more wages than if you were in pov- her personal health care issues and get Fairness Act. I hope we are going to erty. Why not be over the poverty line approval for birth control. I don’t know have another chance in the near future if you are working 40 hours a week. We any other part of the health care sys- to vote on that and again give them an ought to value work in our economy. tem that requires a boss to oversee a opportunity to support equal pay for Raising the minimum wage is an im- decision made by an employee. But this equal work. portant piece of that. It is the floor, was something that was decided as When we look at Michigan, where the foundation that is high enough being a legitimate option under a Su- women are working very hard every that your family is not in poverty if preme Court decision called the Hobby day, I find it stunning that they are you are working 40 hours a week. We Lobby decision. making only 74 cents on every dollar. raised this issue and we voted on this So we put forth legislation to make They are getting 26 cents less for every issue of raising the minimum wage it clear it is not your boss’s business, dollar that they work. When you go to above the poverty line and it was that women ought to be able to receive the grocery store, you don’t get a 26- blocked by our Republican colleagues coverage for preventive care for women percent reduction. They can’t say: Hey, in April. just as men do for their health care de- I am paid less. Here is my 26-percent We then came back and looked at the cisions. We voted on a bill that would discount. When they go to the gas sta- fact that another part of the burden on make sure women could make their tion, they don’t get a 26-percent dis- middle-class families and those aspir- own basic health decisions in privacy, count. When they pay their mortgage, ing to get into the middle class is the and that was blocked in July by Repub- they don’t get a 26-percent discount. cost of student loans. In fact, it is licans, indicating they did not believe Obviously it doesn’t make sense and shocking to know we have more stu- women should have the opportunity to the numbers don’t add up, but it is dent loan debt than credit card debt in make their own health care decisions. much more than just about numbers. this country. We are seeing that people Then a bill of mine with Senator I remember when Kerri Sleeman are able to refinance their homes to WALSH called the Bring Jobs Home Act from Houghton, MI—up in the Upper

VerDate Mar 15 2010 02:00 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.041 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5402 CONGRESSIONAL RECORD — SENATE September 9, 2014 Peninsula—came here to testify in the We just came back off of a recess ning western Iraq and eastern Syria. Senate. She was a senior engineer su- where we had a chance to go back The border between Syria and Iraq is pervising a group of engineers at the home and talk to our constituents. gone. It is the site of a new caliphate. company. After the company closed More importantly than talk to them, They are the Islamic radicals who were and went bankrupt, she was reviewing we had a chance to listen to them and deemed so bad that Al Qaeda didn’t the legal documents and found that hear what is on their minds. What are want to have anything to do with she, as the engineering supervisor, had, their concerns? What are their hopes? them—ISIS. They have created what in fact, been paid less than those whom What are their dreams? What are they they believe is an Islamic state or ca- she supervised. worried about? I guarantee that none liphate, where Shari’a law will rule and Madam President, I ask unanimous of my constituents suggested we need women will have virtually no rights consent for another minute. to repeal the First Amendment to the and people will have no liberty or free- The PRESIDING OFFICER. Without U.S. Constitution. That is the par- dom. We have seen American journal- objection, it is so ordered. ticular legislation that is on the floor ists being decapitated on video. We see Ms. STABENOW. Kerri Sleeman, as a today. That is the priority of the a brutal Syrian civil war in which supervisor, deserved to receive the kind Democratic majority leader. It is a about 200,000 civilians have been of pay she should receive as a super- show vote to try to deny people an killed—200,000 human beings are dead visor. equal opportunity to participate in the as a result of a Syrian civil war—and One of the things I find outrageous is political process—to shut them out if millions more Syrians have been dis- when we hear folks on the other side of you disagree with them and silence placed internally within this country the aisle say equal pay for equal work them. Tell them to sit down, be quiet, or else living in refugee camps in Tur- is nonsense; the bill is nonsense. It is a we are in charge and in control. key, Lebanon, and Jordan. distraction. In Michigan we have heard I cannot tell you how disappointed I We see a failed state in Libya. We see people say: Women don’t care about am that it seems as though it is all pol- a terrorist-sponsoring Iranian theoc- equal pay, they want flexibility. Well, itics all the time. Every perceived or racy that continues to pursue a nuclear flexibility doesn’t pay for my gro- real problem that our Democratic weapon, and we see a violent Iranian ceries. The truth of the matter is friends seem to identify—what is their axis stretching from Tehran to Damas- women want to have the opportunity solution? It is more government. The cus to Beirut and Gaza. to receive equal pay. most feared words in the English lan- Meanwhile, let’s not forget about We are at a point in time where we guage where I come from are ‘‘I’m from Eastern Europe. We see an aggressive, ought to move forward quickly in pass- the Federal Government and I’m here autocratic gangster state conducting a ing each one of these issues. As we to help.’’ cross-border invasion of democratic know, this is about the economy and We had an experiment over the last neighbors and taking sovereign terri- growing the middle class in this coun- 51⁄2 years since President Obama was tory by force in a manner not seen on try. We are not going to have a middle elected and the electorate gave the the European continent since World class unless everybody has a fair shot Democratic Party control of both the War II. to participate and work hard and be House and Senate. We have had a sci- A few weeks ago the President an- successful, and we need to get about entific experiment in the size and role nounced that Western sanctions the business of making sure that hap- of government and the results are in, against Russia were working as in- pens. and they are pretty pathetic. Unem- tended. Yet, in late August a large I yield the floor. ployment is still unacceptably high. number of Russian troops began The PRESIDING OFFICER. The Re- The labor participation rate, which is launching major incursions into East- publican whip. the percentage of people actually par- ern and Southern Ukraine in the hopes Mr. CORNYN. Madam President, I ticipating in the workforce, is at a 30- of seizing even more territory. They al- can’t tell you how disappointed I am year low. People have given up looking ready have Crimea; that is yesterday’s that the majority leader has continued for work, which is a great human trag- news. Now they are making further to persist in blocking votes on more edy. gains in Eastern and Southern than 300 different pieces of bipartisan Then there is the President’s ap- Ukraine. One Ukrainian official called legislation that have passed the House proval rating. He is doing better than it a full-scale invasion. It doesn’t sound of Representatives and that he refuses Congress, I will give him that, but it is to me as though the sanctions that to bring up in the Senate. Rather than down around 40 percent. Here is the were issued by the United States are work together on a bipartisan basis to troubling thing—and this is not a par- working as intended as the President try to get the economy moving and get tisan comment. As an American, I has said. Americans back to work, we have these worry when the Commander in Chief Our existing sanctions are inad- focus group, poll-tested show votes. has the sort of poll numbers we are equate. They are not working as in- The distinguished Senator from Michi- talking about. There was a poll re- tended. Vladimir Putin is not deterred gan just admitted that equal pay for ported by the Washington Post and by economic sanctions. In fact, accord- equal work is already the law of the ABC News on September 9. The poll ing to one Italian newspaper, Putin re- land and then said we need to vote on showed that Americans say, by 52 per- cently told the President of the Euro- it again. Well, it should be renamed cent to 42 percent, that President pean Commission that if Russia wanted ‘‘The Trial Lawyer Relief Act’’ because Obama has been more of a failure than to, it could take Kiev in 2 weeks. I am that is what it is. It is going to benefit a success as President of the United sure Mr. Putin is OK if it takes a little the trial lawyers by encouraging litiga- States. That is terrible. But it dem- bit longer, just as long as he gets the tion and will do nothing to make sure onstrates his refusal to engage with territory he needs to try to restore the there is equal pay for equal work. We Congress on a bipartisan basis to do Russian empire to his former visions of all agree that is and should be the law the country’s work. It also reflects the glory. of the land, but encouraging legislation mistakes he has made when it comes to White House officials famously de- such as lawsuits against small busi- leadership around the world. scribe the President’s foreign policy as nesses would do nothing to create jobs President Obama wanted his second ‘‘don’t do stupid stuff.’’ That is one for and grow the economy. term to be about nation building here the history textbooks. That is the sort There is a reason why the congres- at home rather than conflicts and cri- of policy our students need to study in sional approval rating is at 14 percent. ses abroad. But, as we all know by now, high school: Don’t do stupid stuff. The distinguished senior Senator from the world is not cooperating. Even Come on. Arizona, Mr. MCCAIN—in a display of worse, the President is not leading. In- Time and time again in country after what I guess could be called gallows stead, he has embraced a dangerously country on issue after issue, this ad- humor—said we are down to paid staff reactive foreign policy marked by ministration has, by its inaction and and blood relatives. Those are the only empty rhetoric and wishful thinking, its ambivalence, undermined America’s ones who still approve of what Con- and the results are now plain to see. partners, adversaries are emboldened, gress is doing, and it is easy to under- When we look at the Middle East, we and it has weakened American credi- stand why. see a massive terrorist enclave span- bility.

VerDate Mar 15 2010 02:00 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.043 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5403 Let’s start with the Middle East. In small footprint force there to help the Russian aggression. What are we giving Libya, President Obama launched a Iraqis transition to self government them? Our good wishes? Sending them war against Moammar Qadhafi in and democracy—it breaks my heart. I some food and medical supplies? That Libya and then he did virtually noth- don’t know how we explain that to is fine as far as it goes. But without the ing to help stabilize the country after someone who lost a loved one in actual weapons and the training they Qadhafi’s fall. That neglect ultimately Ramadi or Fallujah or anywhere else in need in order to defeat Russian aggres- led to the tragic death of four Ameri- the Iraq war. sion and to raise the cost for Vladimir cans in Benghazi in September 2012. It According to the Wall Street Jour- Putin, he is not going to stop. Yet the also led to the emergence of terrorist nal, at least 8 million Syrians and President’s threats haven’t been rein- havens. What do they look for other Iraqis live under full or partial Islamic forced with the kind of action nec- than a power vacuum that they can fill State control. Eight million Syrians essary to change Moscow’s calcula- where they can seek sanctuary and and Iraqis are living under the rule of tions, and his promises to the govern- launch attacks in the region or against medieval barbarians who not only de- ment of Kiev now look rather empty. other adversaries? This has led to capitated two American captives but The tragedy is it seems as though Libya’s collapse as a functioning state. have accumulated a frightening there is one world crisis after another, It is a failed state. amount of territory and wealth. They and we have long since forgotten about It has also enabled jihadist groups in control a lot of the natural resources, Libya, Syria, and the red lines and the Mali and Africa until they were driven the oil wells, in Iraq now because we chemical weapons there. They seem out by the French. have allowed them to capture it, and like a vague and distant memory be- Then there is Syria. Remember when now that is the source of revenue for cause now we are focused on ISIS. But the President said Bashir Assad needs them to continue their terror. They they are all part of the same problem. to step down? He then did virtually have accumulated a frightening There is a very real danger in nothing to help see that happen. He did amount of territory and wealth by rob- Ukraine that last week’s cease-fire will nothing to arm the moderate rebel bing, raping, extorting, and murdering only solidify Russia’s recent territorial forces opposing Assad in the Syrian innocent civilians. gains and legitimize its ongoing inva- civil war. The irony is that U.S. offi- By allowing the Islamic State to sion and further embolden Vladimir cials had a plan to support those take over such a large part of Iraq and Putin to seize even more Ukrainian rebels, and they recommended it to the Syrian territory, President Obama has territory or the territory of another President in the summer of 2012 a plan neglected one of the key recommenda- Eastern European country when the proposed by then-Secretary of Defense tions of the 9/11 Commission. We re- time seems right. Amidst all of this up- Leon Panetta, then-Secretary of State member the 9/11 Commission. It was a heaval, all of this violence, all of these Hillary Clinton, then-CIA Director bipartisan commission set up after the challenges, all of these threats to U.S. David Petraeus, and Joint Chiefs of tragedy of 9/11 to ask: How do we keep interests and allies, the President Staff Chairman Mark Dempsey. They this from ever happening again? seems disturbingly aloof. Here is what recommended a plan to deal with Assad One of the key recommendations of he said about the ongoing global tur- and to facilitate the regime change the 9/11 Commission is that the U.S. moil at a recent fundraising event on President Obama called for. What did Government identify and prioritize ac- August 29. This was reported in the the President do? He rejected it, even tual or potential terrorist sanctuaries; press. He said: though his stated policy in Syria since in other words, safe havens. Instead, The world has always been messy. In part, August 2011 has been regime change. the President has stood by and watched we are just noticing it now because of social It has become commonplace to say media and our capacity to see in intimate like a spectator while the Islamic detail the hardships that people are going that the United States has no good op- State, over the course of many months, through. tions in Syria. But President Obama’s carved out its own safe haven, right in But make no mistake about it. The chronic passivity has helped the the heart of the Middle East. Middle East has not always been con- jihadists. I know that is not his inten- I am grateful to the President that sumed by the type of violence and tion, but it has helped the result. It has he now has made a pledge to destroy chaos we are seeing today, and Euro- helped embolden the Iranians, and it ISIS. I believe this is not a threat that pean countries have not always been has made the Syrian war even more can be managed; I think it needs to be facing cross-border invasions such as dangerous for the United States and eliminated. So I congratulate the that posed by Russia today. the United States’ interests. President for having evolved to this The world needs strong American Then there is Iraq. President Obama point where he understands the nature leadership. Ronald Reagan was right. failed to secure a new status of forces of the threat to American interests and We have a safer, more peaceful world or bilateral security agreement that to the American people, and I hope he when America is strong and does not would have protected American forces is serious about doing that. But as one create the safe havens for terrorists or that served on a transitional basis in person recently noted, the Obama ad- by our timidity or our rhetoric that is Iraq after the conclusion of the Iraq ministration has persuaded just about not followed up on by actions that cre- war. We kept troops in Japan and Ger- every leadership cadre in the Middle ate the impression that people can get many after World War II, and indeed East that the United States can be away with it. It just encourages the the Americans were the only glue capa- safely ignored when its principals thugs, the dictators, and the terrorists. ble of holding the country of Iraq to- make threats or promises. Remember The President’s refusal to accept any gether and avoiding the sort of sec- the red line in Syria with chemical real responsibility for the con- tarian civil war we have seen ensue. weapons. Well, the red line was crossed, sequences of his foreign policy is trou- But his complete withdrawal of U.S. and there were virtually no con- bling enough, but what is even more forces in 2011 was a huge gift to Iraq’s sequences associated with it. What is troubling is he doesn’t seem to fully Shiite militias, their Iranian patrons, the lesson we learn? I guess I can get grasp the magnitude of the threats and and the Sunni terrorists of Al Qaeda away with it and I am going to keep on challenges that America is now dealing who would later form the so-called Is- coming—such as Vladimir Putin in Cri- with. If he thinks this is all about so- lamic State or ISIS or ISIL, as they mea and Ukraine. cial media and people being aware of are now called. I have to tell my col- Speaking of threats and promises, things that were happening before but leagues, as I reflect on the American President Obama has repeatedly they weren’t aware of before, I hope he casualties in Ramadi, in Fallujah—our threatened Russia with serious con- will think again. Indeed, his overall marines, our brave American soldiers, sequences over its invasion of Ukraine, record is looking more and more like a men and women, their loss of life or in- and he has repeatedly promised to help case study in the perils of weaknesses, juries incurred in liberating Iraq from the Ukrainian people uphold their sov- naivete, and indecision. I can only hope Saddam Hussein and to see all of that ereignty. Yet he continues to stub- that recent events will force him to forfeited by the President’s unwilling- bornly refuse to provide the very arms change course. ness to secure a bilateral security to the Ukrainian patriots needed in That could start by his coming to agreement and leave a transitional, order to deter and deflect and defeat Congress with a strategy to eliminate

VerDate Mar 15 2010 04:09 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.045 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5404 CONGRESSIONAL RECORD — SENATE September 9, 2014 ISIS, to eliminate this threat. I believe Members of Congress so that we as every right to do that. That is part of there would be bipartisan support for a Americans can come together and do democracy. But they also bear some re- strategy the President would present what is in our national interests. But sponsibility to suggest what we should that has a reasonable chance of suc- we can’t do it without leadership, and do as an alternative. Many of them cess. But just to have open-ended air we don’t do it without a strategy to ac- said we have to be more manly, we strikes and maybe just a strategy com- complish that goal. have to stand up, and we have to show prising hopes and dreams but not one I think in the process the President the world we are assertive. What does with the likelihood of working is not could inject some much needed clarity that mean? What are they saying? good enough. But if he came to us and and direction into a foreign policy that What the President is saying is that worked with Congress, I think it would has become hopelessly muddled and we have to be careful that we invest serve multiple purposes. aimless. American lives, American treasure, First, it would comply with the Con- I yield the floor. and the American military in this stitution and the laws of the United The PRESIDING OFFICER (Mr. world in places where we can make a States. That is important. MANCHIN). The Senator from Illinois. difference and take care not to do, as Second, by engaging in bipartisan FOREIGN POLICY they said inartfully, stupid stuff by support in Congress, he would build Mr. DURBIN. I am going to give a sending our military into places where support necessarily for this policy brief statement about corporate inver- they cannot achieve their goal and rea- among the American people. I don’t be- sion, but before I do I wish to respond sonably come home in a short period of lieve Americans should ever go to war to the Senator from Texas, who is my time. That is the President’s position. without the support of the American friend, and we have served together for I have not heard those on the other people. We see what happens when that many years. He has taken the floor for side be more specific when they say we support fades and crumbles, and it is a period of time and spoken about some have to be more assertive in America. not good. of the problems facing this Nation at The date was October 11, 2002, on the The third reason he ought to come to home and abroad and has been largely floor of the Senate—and I was here. It Congress is I read in some of the news been critical of the President in both was 12 years ago, and it was the night clips today he is going to come and ask categories. I didn’t arrive early enough we voted on giving President George W. us for $5 billion to fight ISIS. Well, the to hear his parade of horribles when it Bush the authority to invade Iraq. The President—who is famous for saying, I came to domestic policy; I just caught rollcall took place late at night, and I am going to go it alone; I have a pen the end of it when he suggested there stuck around afterward. There were about three or four of us left on the and a phone—can’t go it alone when it was something wrong with this Presi- floor. In the final rollcall there were 23 comes to appropriating money. He dent because America’s labor force, its Senators who voted no on the invasion needs Congress to appropriate that workforce, is shrinking. People are giv- of Iraq. I was one of them. There was 1 money. And Congress should not appro- ing up looking for work. Well, that is a Republican, and the rest were Demo- priate money without a strategy that serious concern, and we ought to ask a crats—1 Independent and 21 Democrats, has a reasonable likelihood of working question: Why are they giving up look- I should say. Twenty-three of us voted or without an explanation of how this ing for work? It turns out it has, per- no on invading Iraq. Twenty-three of strategy is going to protect America haps, something to do with the policy us questioned whether being assertive and Americans’ interests. of our government, but it also has at that moment in history was the So in his remarks on U.S. policy to- something to do with the life expect- ward the Islamic State in Iraq and right thing to do. Remember, we were ancy of Americans. told about weapons of mass destruction Syria tomorrow night when he makes I am a little older than the Presiding and threats to the United States. Some this nationwide address, I urge the Officer, and I just barely missed what of us were skeptical. The case had not President to go beyond the rhetoric we call baby boomers. Baby boomers and offer a clear explanation of our been made. But we went forward. are those born after World War II when I would like to make a note as well military objectives and our strategic the returning soldiers and their wives that even though there was a difference objectives. I urge him to explain how and spouses sat down and said: We are of opinion about the policy of Iraq and why the Islamic State poses a dan- going to build a family. And they did. under President George W. Bush after gerous threat to U.S. national security A lot of kids were born in America. It the decision was made to go forward, interests, which I believe it does and I was called a baby boom. many of us who voted no joined in with believe he thinks it does. So I hope he Guess what. Baby boomers are facing those who voted yes to say: Now that will explain it to the American people retirement age. The workforce is we have made the decision, we stand so they can understand it. I urge him shrinking because they are retiring. I together as a nation. We are going to to explain how U.S. allies and partners would like to blame Barack Obama for provide for President George W. Bush can help support America’s mission, that, but I think maybe that is a the resources for these men and women because we can’t and should not do it stretch. I don’t think you can blame in uniform so they can accomplish alone. Indeed, we do need that coali- him for the baby boom. He wasn’t even their mission and come home safely. tion, particularly of people in the re- around after World War II, and he cer- In other words, partisanship ended at gion who have the most direct interest tainly can’t be blamed because people the water’s edge after we had made our and stake in the outcome. We need decide to retire. Longevity kind of sug- decision. I still think that is the right them to come to the table and help too. gests when that might happen. course in foreign policy. Even though I Finally, I urge him to explain what But still in all, it is another one of voted against that war, I voted for the his strategy is and how U.S. operations the things that is ticked off: The resources for the troop to execute it. in Iraq and Syria fit within the broader shrinking labor pool is an indication of I thought: What if it were your son, role on radical Islamic terrorism. If the the failure of the Obama labor policy. Senator? What if it were someone you President gave such a speech—and I No. It is an indication of the shrinking loved? Do you want them to have ev- hope he does—I hope it is followed with baby boomers, who are aging out and erything they need to get them home true negotiations and deliberations and retiring—and God bless them; they are safely? consultation with Congress. I know Mi- entitled to it. Folks ought to think Of course. nority Leader PELOSI and Majority twice about that particular criticism. I wish that longstanding tradition in Leader REID and the Republican leader I would like to address the foreign Congress would return. Wouldn’t it be of the Senate, Senator MCCONNELL, and policy side, and I do wish to put in per- healthy and inspiring if after a heated Speaker BOEHNER and Majority Leader spective what the Senator from Texas debate over a foreign policy issue we KEVIN MCCARTHY are visiting with the had to say, which was a long list— said: Now we stand together. The deci- President perhaps as I speak. Maybe going all across the world—of problems sion has been made. We are going to that is just the beginning of the kind of this President has either failed to fix stand as a nation. consultation that should take place. or has created. But instead what I hear from the But I hope it is followed on by true col- I listened carefully, and I always do, other side when it comes to foreign pol- laboration and consultation with all because critics of the President have icy issues: We are going to be critical

VerDate Mar 15 2010 02:00 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.057 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5405 of whatever he does, whenever he does of terrorism in the Middle East, this tomers. They benefit from access to it, wherever he does it. new round of terrorism in the Middle America’s educated workforce . . . I don’t think that is constructive. I East, this group called Islamic State. American investments in basic re- don’t think it speaks well of the United Why are we picking this group out of search . . . and American patent pro- States. The debate is important. The all the other terrorist groups—and tections. And some have even made debate is part of us, part of who we are there are many of them. They are millions, if not billions, of dollars from as a democracy. But after the debate, quantitatively, qualitatively different. taxpayer-funded government contracts let’s get on with working together. They are the first terrorist group we and programs like Medicare. Do you remember that it wasn’t that know that has taken and held terri- But when it comes time to pay their long ago when they discovered chem- tory. Usually terrorist groups set off a fair share of U.S. taxes—the very taxes ical weapons in Syria? The President bomb in the marketplace and they are that pay America’s roads and bridges said: This isn’t just a threat to Syria; gone. No, they take and hold territory. . . . our colleges and universities . . . this is a threat to the Middle East and They capture banks—go inside and basic research . . . patent protections beyond. I am going to make a stand to take all the resources out—so they . . . Medicare . . . and other competi- dismantle those chemical weapons in have a treasury. Some people think tive advantages—these companies do Syria, and I ask Congress for the au- they earn as much as $1 million a week everything they can to dodge U.S. thority not to send in troops but, if off the oil wells they are controlling in taxes. And they have gotten very good necessary, a missile, a bomber, a fight- Iraq. They use American equipment at shirking their fair share. er plane to support our efforts to eradi- that has been left behind or stolen, and Let me tell you how this corporate cate this chemical weapons stockpile. they engage in the worst level of sav- ‘‘Three Card Monte’’ works. First, a Do you remember what happened? I agery we have seen in modern times. company in the U.S. purchases a com- do. What happened was we had a debate The beheading of those two innocent pany in Switzerland, Ireland or another in the Senate Foreign Relations Com- Americans was heartbreaking—heart- country with a lower corporate tax mittee and a vote—a bipartisan vote— breaking in one respect as I thought rate. The U.S. company then files pa- which supported the President. Then about their poor families and what pers saying it is relocating overseas. we couldn’t bring it to the floor be- they face, but it also enraged me to In many cases, almost nothing cause there was not adequate support think that this group, the Islamic changes. The CEO and other senior ex- from the other side of the aisle to State, would do that to two innocent ecutives stay in the U.S., no new head- stand by the President when it came to Americans, defying us and saying to quarters are opened overseas, and up to dismantling chemical weapons in us: This is just the beginning. It is a se- 80 percent of the shareholders are the Syria. He went forward, working then rious threat, and it is a threat to the same, but suddenly the company gets a with Russian leader Vladimir Putin, huge tax break. stability in Iraq. But this is only the beginning of the and basically all of those weapons have Here we are 12 years after we invaded story. Next, the new parent company— been dismantled. When the President Iraq, after we have lost 4,476 American headquartered overseas—shifts the asked for the authority to dismantle lives in Iraq, after 30,000 of our troops debts off its own books and onto the those weapons, he couldn’t get the sup- have come home seriously injured, books of its U.S. subsidiary. Abra- port of the other party. That was the after we put $1 trillion more on our na- cadabra: Another huge tax break, be- reality. tional debt to pay for the Iraqi strug- Now we face a new challenge, and cause the company can write off its gle, and the country is virtually in there are those who say that if we had debt and interests on that debt. This is chaos. called ‘‘earnings stripping.’’ just been bold and assertive—and I The President is saying to the Amer- Now, here is the third card in the wonder if what they are saying is if we ican people: I want to fight terrorism, Three Card Monte: the hopscotch loop- had just shown the strength we showed I want to do it effectively, and I want with the invasion of Iraq, this might hole. U.S. corporations currently have to do it smartly. I want to do it in a nearly $2 trillion in foreign earnings not have occurred. way where we are not sending in troops Make no mistake. I am honored to stashed overseas. As long as they keep who are there for long periods of time chair the Defense Appropriations Sub- that money parked overseas, they can to just be targets for terrorists. Let’s committee. It is the biggest. Our budg- defer paying taxes on it. use our resources and our forces in a et is just under $600 billion a year. It is But when a company ‘‘inverts,’’ the thoughtful way. almost half of domestic discretionary inverted company—the corporate de- I am awaiting a speech tomorrow serter—can access the millions—some- spending. I have come to learn that our night because I want to hear, as he lays military is really the best in the world, times billions—of dollars they I have this out, what he hopes to accomplish, parked overseas without paying US starting with the men and women who how long we are going to be there, serve but way beyond that—our tech- taxes on the money. So the ‘‘hopscotch where we are going to be, and by what loophole’’ gives these corporations an- nology, our intelligence. We have the authority he is moving forward and very best, but we have learned the hard other massive tax break. The inverted using these military resources. Those company can use the money it had way that even the best military in the are all legitimate questions, and it is world can run into obstacles they did parked overseas to pay back the loans right for the loyal opposition to raise it used to finance the inversion . . . or not anticipate. questions about where he is going, why The first time I went to Walter Reed, to pay dividends to U.S. investors—and he is going, and what he wants to do. I visited with a disabled Iraqi veteran. pay little to no taxes. But for the time being, I think the He was a sergeant from Ohio who had Let me give you an example. Let’s American people want the President to his right leg blown off below the knee. say a U.S. company wants a big tax I said: What happened? present his case and then make their break by inverting and purchasing an He said: It was an IED. judgment as to what is fair to bring overseas company. I said: What is that? stability to this critical part of the It doesn’t have enough cash in the He said: Well, it is an explosive de- world. U.S. to buy the overseas company and vice, roadside bomb. And we were in CORPORATE INVERSION it doesn’t want to use the money it has the best military equipment in the Mr. DURBIN. Mr. President, when a stashed overseas—because once the world, and this crude roadside bomb company moves its corporate head- money comes home, it is subject to went off and blew off my leg. quarters overseas, but only on paper so U.S. taxes. So what does the corpora- I thought to myself: I wonder, if the it can avoid paying its fair share of tion do? greatest military in the world with the U.S. taxes, these companies , are called First, it gets a short-term loan from greatest technology in the world can be corporate inverters. But let’s call them a bank to fund the inversion. Once that brought to a stop by a crude roadside what they really are: corporate desert- transaction is complete, the company bomb, if we are properly evaluating ers. can use the money it has stashed over- war today, fighting terrorism today. These companies profit using roads seas to pay off the short-term loan What the President is trying to do is and bridges built with American tax while dodging U.S. taxes on those over- to find effective ways to stop this onset dollars to deliver goods to U.S. cus- seas profits.

VerDate Mar 15 2010 02:43 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.059 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5406 CONGRESSIONAL RECORD — SENATE September 9, 2014 The result of this corporate Three Senator LEVIN’s bill would stop the and for the most part this ban has Card Monte? Corporate deserters are bleeding by placing a 2-year morato- worked. able to avoid billions in U.S. taxes— rium on many inversions. Only inver- But these companies found a loop- and other folks—families and compa- sions where no more than 50 percent of hole. That is why they pay their tax at- nies that are working hard to make it the shareholders remain the same after torneys and advisors the big bucks—to in America—have to pay more taxes. the inversion would be allowed to go find the little loopholes worth billions To add insult to injury, some of these forward. of dollars. We need to close this loop- corporate deserters have made their We should also limit the damage hole so that corporate deserters aren’t millions and billions off of federal con- caused by inversions by limiting the able to profit from taxpayer-funded tracts paid for by U.S. taxpayers—the practice of ‘‘earnings stripping’’— government contracts. very taxpayers who will have to pay for that’s the tax-lawyer’s trick where you About 50 companies have inverted in their tax dodging. load all the debt onto the U.S. sub- the last decade. Another dozen compa- I’m not the only person who thinks sidiary and then write off the debt and nies—including three headquartered in this is wrong. Mark Cuban is a billion- the interest payments as a tax deduc- my State of Illinois—have announced aire investor. Listen to this warning he tion. that they are planning or considering tweeted to corporate deserters—quote: That is the purpose of a bill I am in- inversion. If these companies want to ‘‘If I own stock in your company and troducing tomorrow (Wednesday) with renounce their corporate citizenship, you move offshore for tax reasons I’m Senator SCHUMER. Our proposal would that is their choice. I think It is a bad selling your stock.’’ prevent certain corporations from tak- choice, but it is their choice. Why did he say that? Because when ing excessive interest deductions and But they should not expect American companies move off shore to save on sticking U.S. taxpayers with the tab. workers and other American companies taxes, American workers and compa- Our bill would reduce the cap on in- to pick up the tab for them while they nies that stay in America, that believe terest deductions from 50 percent of ad- take advantage of all that America of- in America, have to make up the short- justed taxable income to 25 percent. It fers. That is not a free market. That is fall. would eliminate the ability of a com- freeloading. This isn’t a partisan issue. Every in- That’s not right, it’s not fair, and we pany to carry forward any excluded in- version increases the burden on you should take action to stop these cor- terest. and me to make up for the lost tax rev- porations from dodging taxes and tak- It would also require the IRS to pre- enue. ing advantage of earning stripping and approve related-party transactions for I look forward to working with my hopscotch loopholes. up to 10 years after these companies colleagues on both sides of the aisle REDUCING CORPORATE TAX RATES NOT A move their headquarters overseas to and the President to address this im- SOLUTION ensure greater transparency. portant issue. Many of our Republicans colleagues This bill is a targeted approach to a It was about 2 weeks ago that I was point to our broken tax code and say if serious problem. in central Illinois and I was heading to we just reduce the corporate tax rate, I urge my colleagues to support the a forum for Senate candidates. It was it will stop companies from inverting. bill. put on by the farmers in downstate Illi- They are wrong, plain and simple. There’s more we need to do. I plan to nois. I have a lot of friends there. We Absolutely, our tax code is broken and work with my colleagues to develop a went off to a farm, and before we ar- Congress should reform it. We should more comprehensive proposal to ad- rived I had an extra 45 minutes. I close loopholes that allow some to dress both earnings stripping by for- hadn’t had lunch. So we were driving avoid paying their fair share of taxes. eign corporations and the hopscotch around Bloomington-Normal, IL, in We should fix the tax system so it rule. McLean County. works for hard-working Americans and Foreign corporations should not be I said: Let’s stop and get a sandwich for companies that want to help Amer- allowed to load up the U.S. subsidiaries somewhere. ica succeed. with debt and expect U.S. taxpayers to My driver said: Well, there is a Burg- But let’s not try to fool people into pay their debts. Inverted corporations er King. thinking that if we just lower our cor- should not be rewarded with additional I said: No, thanks. There is a Steak porate tax rate the deficit will dis- tax breaks by dodging taxes on their ’n Shake—which happens to be a fran- appear and all of our economic chal- profits earned overseas. chise we are very proud of in the Mid- lenges will be solved. There is no real- These two proposals, along with Sen- west and in Illinois. istic tax reform proposal that would re- ator LEVIN’s Stop Corporate Inversion I consciously decided not to stop at duce U.S. tax rates to compete with Act, must be part of any comprehen- Burger King. Why? Because in the past Ireland, which has a tax rate of 12.5 sive tax reform proposal. several weeks Burger King has con- percent, or Switzerland, with its 17 per- Before I close, let me mention one sciously decided they are leaving the cent corporate tax rate. other issue. United States. This iconic hamburger This is a race to the bottom the Some of the very companies that chain—second largest in the world—has United States can’t win and should not move their headquarters overseas in bought a doughnut chain in Canada, be lured into entering. order to avoid paying their fair share and now they want to move their head- Instead, we should immediately act of U.S. taxes then have the nerve to quarters to Canada from Miami, FL. to stop companies from inverting and come back to the U.S. with their hand Why would they move their corporate then we should get to work on reform- out asking to profit from U.S. govern- headquarters out of the United States ing our tax code. Before a doctor can ment contracts. of America, where they have most of perform heart surgery, she or he first Yes, that is right. Over the past 5 their restaurants? To cut their taxes. has to stop the bleeding and that is years, these corporate deserters have It is called inversion. what we need to do. received $1 billion in federal contracts If you can pick up and on paper move There are at least a dozen companies paid for by U.S. taxpayers, while avoid- your corporation to Switzerland, Ire- that have announced they are invert- ing U.S. taxes. This has to stop. land, the island of Jersey, Canada—you ing or are considering inversion. We That is why I introduced a bill with name it—there are ways that account- should act now—either through Con- Senators LEVIN and JACK REED to ban ants and lawyers have figured out how gressional or executive action—to close federal contracts for these corporate to reduce your tax burden. But, of the tax loopholes that allow invert- deserters. There is a companion bill in course, as companies decide to do that, ers—these corporate deserters—to the House that is sponsored by Rep- they are also making conscious deci- avoid their fair share of taxes and push resentatives DELAURO, DOGGETT and sions to stop paying U.S. taxes or avoid their tax obligations off onto the rest SANDER LEVIN. paying U.S. taxes—at least some part of us. Once we stop the bleeding, we This isn’t a new idea. In 2008, Con- of them. can turn our attention to real tax re- gress prohibited inverted corporations We have seen a lot of companies an- form where and a long-term, com- from obtaining any Federal contract nounce this. AbbVie, which is a phar- prehensive solution. under the annual appropriations bills, maceutical company in the northern

VerDate Mar 15 2010 05:13 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.021 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5407 suburbs of Chicago, used to be Abbott business, counting on our government tax credit. Here is what it says. It is Laboratories. AbbVie has decided they to step in and supplement the income pretty simple. If your headquarters for want to move overseas. of the person frying the hamburgers your corporation are in the United I took a look at it and thought for a and serving it, and saying: Inciden- States; if you have kept your jobs here moment: Interesting. A pharma- tally, we are leaving; we don’t have in the United States; if at least 90 per- ceutical company wants to move over- any obligation to this country to pay cent of your employees are paid at seas. taxes; we are going to Canada—on least $15 an hour; if you have good How important was the United paper. health insurance, according to the States to the success of a pharma- There is something wrong with this standards of the Affordable Care Act; if ceutical company such as AbbVie, to picture. To me, if you are going to you will contribute at least 5 percent the fact they developed drugs and prod- desert this country as a corporation, of your employees’ earnings toward ucts that were profitable? How impor- consumers first ought to be aware of it. their retirement; and if you will give a tant was this country to that com- That is why I drove past Burger King. veterans preference, we will give you a pany? I would say critically important. I do not care to do business with a tax credit. Companies don’t usually come up with company that does not think it owes We want to reward—we should re- all the ideas for new drugs. They rely its fair share of taxes. Because if they ward—and incentivize companies that on the National Institutes of Health, do not pay their fair share of taxes, build their future in America, compa- the premier biomedical research agen- other good American companies will be nies that believe in America, compa- cy in the world. The annual budget is forced to pay more and other individ- nies that pay a decent wage in benefits in the range of $31 billion, and they do uals will too. to the people who work for them. research which they then turn over So it is right for us to speak up now That is what should be in the Tax free of charge to pharmaceutical com- about this process of inversion and Code. Let’s start incentivizing job panies to develop drugs to make bringing it to an end. It is not just a building and job expansion here in the money. The National Institutes of matter of escaping taxes. There are ac- United States. Let’s stop these deduc- Health is supported by American tax- counting techniques. There are count- tions for moving jobs overseas. And payers. less techniques which these inverted let’s put an end to this corporate inver- If a pharmaceutical company devel- corporations can use to even reduce sion. ops a new drug they think has the po- their corporate taxation more. These folks have to realize we are not tential to be a blockbuster and sell a Some people say the U.S. corporate going to stand still for them gaming lot, there is another step. They have to income tax is too high. The nominal the Tax Code to avoid their responsi- go to the U.S. Food and Drug Adminis- rate is 35 percent. The effective rate is bility to the country which, by and tration, and the FDA tests it. closer to 25 percent, and the major cor- large, created the success of most of If at the end of testing they come up porations pay in the range of 10 to 15 their corporations. with the conclusion that it is not only percent. When you look at the coun- I yield the floor. safe but effective for what it is being tries they are going to—Ireland, I be- The PRESIDING OFFICER. The Sen- used for, they give it a seal of approval. lieve their corporate income tax rate is ator from Utah. Mr. LEE. Mr. President: It is the gold standard of safety of 12.5 percent; the Cayman Islands, zero. pharmaceuticals. The Food and Drug So we cannot play it to the lowest de- Attention all citizens. To assure the fair- ness of elections by preventing dispropor- Administration is supported by the nominator, play to the bottom line, the tionate expression of the views of any single U.S. Government and American tax- bottom corporate income tax. It is a powerful group, your Government has de- payers. Then it is not over. There is at lose-lose situation. cided that the following associations of per- least one last stop. You go to the pat- What we have to do is to make sure sons shall be prohibited from speaking or ent office to make sure you protect that the inversion comes with a price. writing in support of any candidate. . . . your intellectual property, this phar- I am joined with Senator SCHUMER. We This is a statement that I have taken maceutical formula. The U.S. patent will put in a bill later this week to talk directly from a dissenting opinion office is supported by the government about this whole question of inversion issued by Associate Justice Antonin and U.S. taxpayers. as it relates to the Tax Code. It is a Scalia in a case called Austin v. Michi- So here is a pharmaceutical company technical bill Senator SCHUMER has gan Chamber of Commerce—a 1989 rul- using research, using testing, and using largely written as a member of the ing of the Supreme Court of the United protections of patents from our govern- Senate Finance Committee and asked States. ment that says: Incidentally, we are me to join him on because of my inter- The concern expressed in that dis- leaving. We don’t want to pay taxes to est on the subject. It limits the prac- senting opinion, the opening line of this government. We want to reduce tice of ‘‘earnings stripping’’—a tax law- which I have just read, comes to mind our tax burden to this government. yer’s trick where you load all the debt when we review the legislation in front There is something wrong with this on to the U.S. subsidiary and then of this body right now, S.J. Res. 19—an picture. Mr. President, 49 or 50 corpora- write off the debt and the interest pay- attempt, a wholesale effort to repeal tions have done it, and more are ments as a tax deduction. The bill the First Amendment of the United threatening. Take Burger King. The which I will introduce with Senator States, to undo its most fundamental sale of hamburgers does not involve a SCHUMER is designed to prevent cor- protections, protections that protect great deal of research, but the product porations from taking excessive inter- the right of every American to speak that you are cooking at your store has est deductions and sticking U.S. tax- out on issues of public concern, to try been inspected for safety by the U.S. payers with the tab. There are other to influence the outcome of elections, Federal Government. And the place parts of that bill. to try to dictate the course of our en- where your store is located probably is I believe the Tax Code should be writ- tire country. on a highway or street supported by ten in a positive fashion. It is not posi- Now, fortunately, this precedent that our government. tive in our Tax Code to set the stage Justice Scalia was expressing concerns But then there is one other element. for corporations to move their jobs and with was overruled. It was overruled in The people who work in fast food in headquarters overseas. In fact, we a case called Citizens United, which America are not usually paid a lot of allow under our Tax Code for these cor- has itself become the target of S.J. money. Their income is supplemented porations to deduct their moving ex- Res. 19. In other words, because the by government programs such as food penses if they are going overseas. What Constitution has now been properly in- stamps. It turns out to the tune of are we thinking? Why would we create terpreted to protect the right of the about $7 billion a year. That is what an incentive, a deduction, for taking American people to join together and taxpayers in America pay to subsidize jobs out of America? I think there is a form voluntarily associations and to the income of workers in fast food res- better approach. When the time comes use those associations to try to influ- taurants. So here is Burger King that for tax reform—and I hope it is soon— ence the outcome of elections, my col- is using the largess, protection, rule of I am going to propose that we have leagues across the aisle have decided— law in the United States to do their something called the patriot employer rather than to follow the Constitution

VerDate Mar 15 2010 05:13 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.061 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5408 CONGRESSIONAL RECORD — SENATE September 9, 2014 to change it, rather than to follow its noted: ‘‘It is a matter which we will posing is to expand Congress’s power to dictates to get rid of those portions likely debate the rest of this week’’— limit that right to participate in an that would interfere with the power of the week in which he was speaking in open, public debate, to undertake ef- government—this is something we can- 2006—meaning this is an urgent matter, forts to influence the outcome of elec- not tolerate, this is something we can- it is a matter of great concern to the tions and thus dictate the course of an not ignore, this is something that we American people when we are talking entire Nation. must do something about, and we have about changing the First Amendment Justice Scalia concluded with the to do it today. or any component of the Bill of Rights. thought that, as he put it: As Justice Scalia explained in his He continued: The premise of our system is that there is dissent in the Austin case, this prin- The reason we are going to spend this no such thing as too much speech—that the ciple, this type of approach whereby we much time on it is because this one-page people are not foolish, but intelligent, and allow the government to limit the ex- document represents a historic change in will separate the wheat from the chaff. pressive capabilities of the American America. If this amendment were to be rati- He refutes the notion: people, to limit the ability of the fied, it would mark the first time in our na- . . . that a healthy democratic system can American people to form voluntarily tion’s history that we would amend the Bill survive the legislative power to prescribe associations and speak out on matters of Rights [to the United States Constitu- how much political speech is too much, who tion]. of public concern, is utterly contrary may speak, and who may not. not only to our case law but to the text On the same day he also said: When we try to weaken this under- of the First Amendment, and it is in- It takes a great deal of audacity for any- standing, we are playing with fire. consistent with the absolutely central one to step up and suggest to change the Whenever Congress attempts to expand proof underlying the First Amendment. Constitution. . . . I think we should show a its power—for that matter, whenever little humility around here when it comes to any government attempts to expand its The idea here is that government can- changing the Constitution. So many of my not be trusted to assure through cen- colleagues are anxious to take a roller to a power—it does so inevitably at the ex- sorship—and make no mistake, that is Rembrandt. pense of individual liberty. Here, where it tries to expand its in- what this is about, censorship—the I could not agree more, especially fluence over political debate, where it ‘‘fairness of political debate.’’ when we are talking about not just purports to have the ability to expand So we are here ostensibly to debate freedom of speech but core political its power over core political speech, it the relative merits of S.J. Res. 19, speech, which is the subject of S.J. Res. does so—inevitably, inescapably, un- which would up end well over two cen- 19. Make no mistake, the fundamental avoidably—at the expense of the free turies of understanding that there are purpose, the most important objective certain things the government cannot expressive rights of a free people. underlying the free speech clause and This is one of the main core prin- do, that there are certain things that the free press clause was to protect the the government can never be trusted ciples upon which our country was right of the people to engage in polit- founded. We became a nation against a to, that the government cannot censor ical speech. And make no mistake, the our speech, particularly our political backdrop in which we found ourselves purpose of this is to enhance Congress’s subject to a large, distant, powerful na- speech. We are here to debate that, and power to restrict political speech. In yet among those who have introduced tional government, one headed by a fact, its entire purpose focuses on ef- king and a parliament. Our former this legislation, among those who have forts to spend money to influence elec- sponsored this legislation, we have London-based national government tions—the core of political speech. recognized no boundaries around its heard, if I am not mistaken, from only Let’s go back for a minute to the dis- three today. We have heard only three authority. It had for centuries inter- senting opinion issued by Justice fered with the right of the people to ex- speeches today. Scalia in the Austin case I referenced a This is a profound and disturbing press their grievances. It had for cen- few minutes ago. He explained in that message to the American people. We turies supported criminal actions dissenting opinion that there are some are trying to upend the cornerstone of against persons who engaged in what things that we understandably do not American republican democracy, and they described under their laws as sedi- want government to do. There are a lot yet we have had two speeches in sup- tious libel. In other words, if you criti- of things we do in the Constitution port of it. This is something that ought cized the government—if you criticized that are all about outlining what the to alarm us terribly. a government official—you could be, powers of government are. We explain I was pleased to hear moments ago and presumably would be, criminally what power Congress has, what power from my distinguished colleague, the prosecuted for doing so. The truth was the President has. We explain further senior Senator from Illinois. I respect not a defense. In fact, truth made it that powers not delegated to Congress the senior Senator from Illinois. He even worse from the viewpoint of the are reserved to the States or the peo- and I have worked together on a lot of government, because it was more dif- ple. pieces of legislation. We have worked ficult to refute. So people were rou- Then we also identify in the Bill of together most recently on the Smarter tinely prosecuted for criticizing the Rights that there are certain areas Sentencing Act, which I think is an im- government. that are just out of bounds for govern- portant bipartisan attempt to reform We cannot—we must not—take even ment, areas where we do not want gov- our Federal criminal sentencing code, one step in the direction of expanding ernment to tread. This is one of those which is in serious need of being re- government’s authority when it comes areas. As Justice Scalia explained: formed. to speech that is at the core of our po- I also respect the senior Senator The premise of our Bill of Rights . . . is litical system. from Illinois for some statements he that there are some things—even some seem- Look, our political system isn’t per- ingly desirable things—that government can- fect. Our political system isn’t some- made a few years ago when another not be trusted to do. The very first of these amendment had been proposed. I at is establishing the restrictions upon speech thing that everybody necessarily is in- least respect the approach that he took that will assure ‘‘fair’’ political debate. The clined to enjoy. But our political sys- in urging caution before undertaking incumbent politician who says he welcomes tem does keep us free, and it keeps us any effort to undo, to weaken, to un- full and fair debate is no more to be believed free only to the extent that individuals dermine the Bill of Rights. Here is a than the entrenched monopolist who says he are allowed to speak their mind with- statement that he made on June 26, welcomes full and fair competition. out fear of retribution from the govern- 2006: ‘‘The Bill of Rights has served this This is what we face here. This is the ment, only to the extent that individ- Nation since 1791, and with one swift risk we face here. We are assured by uals, rich and poor alike, are able to blow of this ax, we are going to chop the proponents of this legislation—that say what they want and join together into the first amendment.’’ He was con- is, both of them, both of those who and form voluntary associations for cerned about that. have shown up so far to speak in sup- the purpose of influencing the outcome He was concerned also when on the port of this—that this will still allow of elections so they can have some same day he made a similar comment, debate to occur. Yet how are we to be- chance at standing up to a big govern- instructive here, I think, when he lieve this when what they are pro- ment that affects so many of their

VerDate Mar 15 2010 02:43 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.063 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5409 rights, that affects so much of how police force for a region unwilling to a narrow effort to protect Americans they are going to provide for the needs police itself. The United States should from imminent threat to a campaign to of their families and their commu- not bear the sole burden of defeating a go on offense in order to degrade the nities. terrorist organization that poses a ability of ISIL to cause harm. This is When the people are intimidated by a more imminent threat to many other precisely the kind of situation that government that recognizes no bound- nations than the threat it does to calls for congressional action and ap- aries around its authority, everyone America. proval. suffers. This is an issue that is neither I look forward to the President’s ad- Some have asserted that the adminis- Republican nor Democratic, it is nei- dress, and I am confident that a well- tration need not seek congressional ap- ther liberal nor conservative. It is sim- thought-out plan against ISIL will proval for an extended campaign of air ply American. compel the support of the Nation and strikes. Humbly and respectfully, I It is time for the American people to of Congress. deeply disagree with that assertion. stop simply expecting Congress to con- We are a nation of laws but also of The President’s article II power allows tinue to expand its power at the ex- values. I rise today particularly to urge him to defend America from imminent pense of their individual liberty. It is the President to not just inform us of threat, but it does not allow him the time for the American people to stop what he plans to do but to follow the ability to wage an offensive war with- simply expecting their rights have to Constitution and to seek congressional out Congress. The 2001 Authorization bow to the interests of an all-powerful approval to defeat ISIL. I do so for two for Use of Military Force, crafted by incumbency in Washington, DC. It is reasons. President Bush and Congress in the time for the American people to expect First, I don’t believe the President days after the 9/11 attacks, limits the more. It is time for the American peo- has the authority to go on the offense President’s power to actions against ple to expect freedom. and wage an open-ended war on ISIL the perpetrators of those attacks. ISIL We expect freedom, and we will de- without congressional approval; and, was not a 9/11 perpetrator. It didn’t fend freedom when we defeat Senate second, in making the momentous de- form until 2003. Joint Resolution 19. cision to authorize military action, we President Bush sought a broader The PRESIDING OFFICER. The Sen- owe it to our troops who risk their AUMF at that time to allow action ator from Virginia. lives to do our collective jobs and against terrorist groups posing a f reach a consensus supporting the mili- threat to the United States. Had Con- tary mission they are ordered to com- ISIL gress granted such a power, the war plete. against ISIL would have been covered Mr. KAINE. Mr. President, 1 month Let me first deal with the legal issue. by that AUMF. But Congress explicitly ago the President initiated an air cam- The Constitution is clear. It is the job rejected giving the President power to paign against ISIL in Iraq. ISIL is a of Congress, not the President, to de- wage preemptive war against unnamed dangerous terrorist organization com- clare war. Some parts of the Constitu- terrorist organizations without addi- mitting atrocities against thousands of tion frankly are vague and open to in- tional congressional approval. Any at- people, including American hostages, terpretation: What is due process? tempt to justify action against ISIL by and a strong American response, to in- What is cruel and unusual punishment? reference to the 2001 AUMF would fly clude military action, is certainly war- Some parts of the Constitution are directly in the face of the clear con- ranted. clear and specific: You have to be 35 gressional action rejecting the preemp- In the first month of this air cam- years old to be President of the United tive war doctrine. paign, two explanations for the mission States. The power to declare war is a Congress passed a second AUMF in were given by the President. We began clear and specific power. It is an enu- with a mission for humanitarian pur- 2002 to allow military action to topple merated power of Congress in article I. the Iraqi regime of Saddam Hussein. pose and also the need to protect The clear wording of the Constitu- That task was completed long ago. American embassy personnel. Since tion is additionally illuminated by American troops left Iraq in 2011, and that time, the White House has stated writings of the principal drafter, the the administration has testified re- that the air strikes may go on for some Virginian James Madison. In a letter cently before the Senate that the Iraq open-ended period of time. Despite a to Thomas Jefferson after the Con- AUMF is now obsolete and should be pledge not to place American boots on stitution was ratified, Madison ex- repealed. It provides no support for the ground, more American military plained the war powers clause in arti- military action against ISIL. There is personnel have been deployed to Iraq as cle I: advisers and are on the ground there no treaty of collective defense ratified Our Constitution supposes what the his- by Congress that would justify the now. tory of all governments demonstrates—that In order to clarify what is at stake the Executive is the branch of power most President commencing military action and set out a path forward, many of my interested in war and most prone to it. It has against ISIL. The Iraqi Government colleagues and I have called for the accordingly with studied care vested the has asked for our help, which solves President to bring before Congress and question of war in the Legislature. international law sovereignty ques- the Nation a clear plan for defeating So a President must seek congres- tions, but that request does not create ISIL. I am gratified that the President sional approval for significant military its own domestic legal justification. will address the Nation on this topic action. As Commander in Chief, a Finally, the 1973 War Powers Resolu- tomorrow night. President can always take steps to de- tion creates a set of timing rules for I am supportive generally of the lim- fend America from imminent threats. Presidential action and congressional ited and prudent steps taken thus far, The Framers understood this. But even response in matters of war. The resolu- while Congress was in recess, to slow in those instances, they intended that tion has been widely viewed as uncon- ISIL’s momentum. I expect to hear a the President return to Congress to stitutional for a variety of reasons. But comprehensive strategy tomorrow. seek ratification of such actions. even accepting its validity—and the I support the strong U.S. diplomatic If we take the Constitution seriously, President, like most, almost certainly push that has forced Iraqi government as we pledge to do when we take our does not accept its 60-day limitation on formation, and I am pleased with Iraqi oaths of office, we must follow the his article II powers—it does not political developments to form a unity command that the President must change the basic constitutional frame- government. Now Iraqi leaders must come to Congress to initiate major work vesting the declaration of war in govern inclusively. military action. the legislative branch. I am especially heartened by reports During a congressional recess, Presi- I believe a reluctance to engage Con- that the administration has worked to dent Obama began a new military ac- gress on this mission against ISIL is find a number of nations willing to tion against ISIL. He has indicated less due to any legal analysis sup- partner with America to deal with the that the military action may continue porting broad executive power than to ISIL threat, including nations in the for an extended period of time. He has a general attitude, held by all Presi- region. The United States cannot be a stated that the action is evolving from dents, that coming to Congress on a

VerDate Mar 15 2010 02:43 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.065 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5410 CONGRESSIONAL RECORD — SENATE September 9, 2014 question such as this is too cum- course we pray for their complete safe- In thinking about whether to come bersome and unpredictable. That atti- ty and success, but let’s be realistic to the Congress, I think it is useful for tude is shared on the Hill by some who enough to acknowledge that some may the President to think back to the first view questions of military action, espe- die or be injured or be captured or see President Bush and the decision he had cially in a difficult circumstance such these things happen to their comrades to make. I was in his cabinet. I came as this, as politically explosive and in arms. Even those who come home just about that time and the idea of a best avoided, if at all possible physically safe may see or do things in ground war in the Middle East was a I urge the President and my col- war that will affect them for the rest of shocking thought. We had not had leagues to resist the understandable their lives. The long lines of people something like that in this country for temptation to cut corners on this proc- waiting for VA appointments today or a while, and the President was reluc- ess. There is no more important busi- hoping to have their VA disability ben- tant at first to come to the Congress to ness done in the Halls of Congress than efit claims adjudicated are proof of seek approval for that, but he did it. weighing whether to take military ac- this. And he said after he had done it that in tion and send servicemembers into In short, during a time of war we ask retrospect he was glad he did. What did harm’s way. If we have learned nothing our troops to give their best, even to he gain? else in the last 13 years, we should have the point of sacrificing their own lives. Even though it was a contentious de- certainly learned that. Coming to Con- When compared against that, how bate and the margin of the vote wasn’t gress is challenging, but the Framers much of a sacrifice is it for a President large, it gave a clear signal to the designed it to be so, and we all pledged to engage in a possibly contentious de- world that we were united as a country to serve in a government known for bate with Congress about whether mili- against the threat at that time. It gave particular checks and balances between tary action is a good idea? How much a clear signal to the country that re- the branches of government. of a sacrifice is it for a Member of Con- gardless of party we were united with Remember in the days after 9/11, gress to debate and vote about whether the President of the United States on whose anniversary we commemorate military action is a good idea? While what he saw as an urgent mission for this week, the President brought to Congressional Members face the polit- our country. As a result of that, he had Congress a request for military action. ical costs of debate on military action, an enormously successful operation. It The ruins of the Pentagon and the our servicemembers bear the human was well planned, funded by other World Trade Center were still smoking cost of those decisions. If we choose to countries, primarily, and had a limited and the search for the lost was still on- avoid debate, avoid accountability, objective. They got to the gates of going. Certainly the American public avoid a hard decision, how can we de- Baghdad, the objective was realized, would have supported the President’s mand that our military willingly sac- and we came home. I think the fact strong and immediate Executive action rifice their very lives? that the President sought the advice of in that circumstance, but President So I await the President’s address on Congress was a part of that. Bush knew that the Nation would be the real and significant threat posed by In this case I think this President stronger if he came to Congress to seek ISIL with a firm willingness to offer would find in this body careful lis- authority. Similarly President Bush support to a well-crafted military mis- teners to what he has to say, a willing- came to Congress prior to initiating sion. I believe the American public and ness on both sides of the aisle to con- military action in Iraq. So many pain- this Congress will support such a mis- sider his strategy, and a willingness to ful lessons were learned in the after- sion. It is my deepest hope that we support a carefully crafted plan to math of that authorization, but it is have the opportunity to debate and meet his objectives. This is not Libya, important to remember that it was not vote on the mission in the halls of Con- this is not Grenada, and this is not a unilateral Executive decision but gress as our Framers intended and as Panama. This is at least 2 or 3 years. Congress was included and voted to our troops deserve. Any time our country is expected to support the mission. Thank you, Mr. President. I yield the have a military action especially in the I believe it would be a grievous mis- floor. Middle East again, it needs to have the take after 13 years of war to evolve to- The PRESIDING OFFICER. The Sen- full support of the American people, ward a new strategy of taking pro- ator from Tennessee. and that starts here. longed military action without both- Mr. ALEXANDER. Mr. President, I So I will wait until Wednesday night ering to seek congressional approval, am glad I had the opportunity to be on to hear what the President has to say, and I particularly worry about the the floor today to hear the remarks of but the Senator from Virginia has precedent it would create for future the Senator from Virginia. All of us given some very careful and reasonable Presidents to assert that they have the look forward to the President’s re- advice, and I hope the President and unilateral right to engage in long-term marks tomorrow night. I am going to his advisers will consider that very military action without the full par- reserve my comments because of the carefully. ticipation of the people’s legislative seriousness of the subject and out of re- I am here today to speak on another branch. As President Obama said last spect for the Office of the President subject. I am here today because Sen- year when announcing that he would until after the President addresses the ate Democrats want to amend the Bill come to Congress to seek military au- Nation. But I would say this. Having of Rights—at least 48 of them do. thorization to combat the use of chem- heard the Senator from Virginia, I Forty-eight of them want to say: Let’s ical weapons in Syria: hope the President and his advisers lis- amend the United States Constitution This is not about who occupies the office tened carefully to what the Senator and the free exercise clause of the First at any given time, it is about who we are as from Virginia said. None of us want to Amendment. Let’s amend the guar- a country. I believe the people’s representa- see another military adventure in the antee of free speech. That is an ex- tives must be invested in what America does Middle East. As in Virginia and West traordinary development. abroad . . . Virginia and Tennessee, we have had If passed, Senate Joint Resolution 19, Mr. President, I focus my remarks on thousands—tens of thousands of Ten- which is the subject on the floor today, the legal reasons for the President to nesseans who have been in Iraq and Af- would give Congress and State govern- engage Congress on any plan to defeat ghanistan three, four, five, or six times ments the power to decide which Amer- ISIL. on tours of duty. But this ISIS threat icans can speak in elections, what they Let me conclude by offering an addi- is a different kind of threat to civiliza- can say, when they can say it, and how tional reason—even a more important tion, and very well could be a threat to they say it. This measure would gut reason—about why the President and the United States. It requires a re- the free speech provisions of the First Congress should work together to craft sponse. It requires the President’s lead- Amendment. It is a shocking pro- a suitable mission for this important ership. He is the Commander in Chief, posal—a shocking proposal made even effort. When we engage in military ac- and it is his job to lay out for us a firm more so by the fact that it is supported tion, even only an air campaign, we and clear strategy for, in the words of by 48 Democratic Senators and Presi- ask our troops to risk their lives and his administration, how we will defeat dent Obama. I wonder if any of them their health—physical and mental. Of and destroy this new movement. have taken the time to see the writing

VerDate Mar 15 2010 02:43 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.067 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5411 on the wall of the Newseum down the this body who are running for re-elec- What about millionaire candidates? street. In big bold letters carved into tion and have never had a vote on any It has been considered by the Supreme the concrete it says: ‘‘Congress shall amendment they offered on the Senate Court and by all who looked at it that make no law . . . abridging the free- floor. Someone might well ask, well, while Congress might put rules on rais- dom of speech . . . ’’ That is in the what have you been doing? ing from others that it could never First Amendment to the United States Then this summer the Democrats ex- place on spending your own money. So Constitution. tended the gag rule from the Senate we have candidates running for Presi- Our Founders passed the Constitu- floor to the Senate committee rooms. dent, running for the Senate, who tion, and they said, well, we forgot to The bills of some members of the Ap- spend their own money. So we might do the Bill of Rights. So they came propriations Committee, on which I not be limiting the millionaire can- back with the Bill of Rights, and this is serve, were indefinitely postponed be- didates to the Senate and their right to in the First Amendment. Free speech is cause the Senate leadership wanted to free speech. We might not be limiting one of the defining characteristics of avoid difficult votes on those amend- the billionaire owners of television sta- liberal democracies worldwide. No ments—no vote on clean water, no vote tions and newspapers and their right to country has embraced free speech and on energy, no vote because it was a dif- free speech, but ordinary Americans protected it as much as has the United ficult vote. would have a gag rule. So the gag rule States of America. Other countries Now in this provision Democrats and that began on the Senate floor and look to us as a model for this remark- the President are trying to extend the went to the Senate hearing rooms able freedom. So why would anyone at- gag rule to the free speech clause of the would now be applied by Congress to tempt to amend the Constitution, First Amendment. What this proposal the ordinary Americans across this amend the Bill of Rights, and change would do is give Congress the power to country. The Founders would never the free speech clause in the First silence the groups or organizations have imagined that. They passed the Amendment? that threaten their reelection. For ex- First Amendment to protect against When we look at the Democratic ample, the government could tell a gun this very concern—that government leadership in the Senate we see a pat- owner in Johnson City, TN, that he or censors would tell ordinary Americans tern of using a gag rule to silence Sen- she cannot spend money to advocate in what they can and cannot say. ators who were sent here on behalf of defense of Second Amendment rights if President Harry Truman, who liked the people who elected them to rep- that speech falls too close to an elec- to exercise a lot of free speech himself, resent their views. The majority leader tion and threatens to influence the warned about this in a message to Con- has prevented Tennesseans, for exam- campaign of incumbents. Or similarly, gress on August 8, 1950. He said: ple, from having their say through Congress might tell Tennessee Right to Once a government is committed to the their Senators, their elected officials, Life: You cannot advertise to protect principle of silencing the voice of opposition, for years now, by using the gag rule in the rights of the unborn. Congress it has only one way to go, and that is down the path of increasingly repressive measures this body to keep amendments from could decide that such speech should be until it becomes a source of terror to all of being considered and voted on. Sen- restricted or prohibited because incum- its citizens and creates a country where ev- ators have listened to their constitu- bents fear it is really an endorsement eryone lives in fear. ents and proposed amendments on of a candidate for political office. That is President Harry Truman. ObamaCare, taxes, the National Labor Also incumbents could seek to stop That is not a description of this Relations Board, Egypt, Iran, Iraq, new political movements like the tea country. That is not a description of etc., and they are told by the Demo- party by placing unachievable condi- America. That is a description of our cratic leadership that they won’t get tions on their ability to raise and enemies. votes. I have said on this floor many spend funds on behalf of candidates Look through our history. How would times, it is like being invited to join they support. They can do this under this law apply in our history? What the Grand Ole Opry and not being al- the guise of protecting donors by say- about Harriet Beecher Stowe before the lowed to sing. ing you can’t receive donations unless Civil War, writing ‘‘Uncle Tom’s But the consequences are much more you’ve been successful in a previous Cabin?’’ Maybe she would want to buy serious than that. It is not just my election or you have a real chance of an ad in the local newspaper saying: amendment or my colleague Senator being successful in the future. The de- Mr. Lincoln is a nice man. Read my CORKER’s amendment, and it is not just cision of whether a new political move- book. The State might not like that. Tennesseans’ amendments. It is the ment is politically viable would of They might like holding slaves. They voters of every State who sent us here course be made by their political com- might not like what she says and what to have a say on their behalf. Senator petitors. Or Congress might criminalize she wants to advertise. BARRASSO from Wyoming has counted expenditures by organizations like the What about Thomas Payne at the be- that since July of 2013, last year, only U.S. Chamber of Commerce, who might ginning of our country’s history writ- 14 Republican amendments and 9 oppose a plan by Senate Democrats to ing ‘‘Common Sense’’? Would a law Democratic amendments have received increase the minimum wage on the such as this apply to his tract—the 1 he votes. That is an astounding number. grounds that the funds spent by the published or if he published 10 or if he There are 100 Senators here rep- U.S. Chamber of Commerce are the published 20? resenting more than 300 million Ameri- equivalent of attack ads against Demo- Taken to its logical conclusion, this cans. This is said to be the world’s cratic candidates in tight reelection proposal could be used by a Congress or greatest deliberative body. The new races. a State to ban books, to ban writings. book ‘‘The American Senate’’ describes Who might be exempt from this gag It is shocking that we are standing this body, saying: ‘‘This is the one au- rule on free speech? Well, freedom of here today and debating such a pro- thentic touch of genius in the Amer- the press—that is mentioned in the posal. It is not surprising that so few ican political system.’’ What makes it amendment. And who would freedom of from the other side of the aisle are ‘‘the one authentic touch of genius in the press be? Who might this be? Well, streaming through the door and stand- the American political system’’ then? it would be billionaires who could buy ing on the floor—as the Senator from It is that you take a difficult message television stations, billionaires who Utah mentioned—to defend this pro- or a difficult bill, you put it on the could buy a newspaper and buy any posal. floor, and you talk about it and you form of this new media that we see Every American ought to be con- talk about it, and you debate it, and around us. So ordinary Americans cerned about this proposal to amend you amend it, until finally you say could have their ability to advocate the Bill of Rights and the free speech that is enough and 60 of us say it is their views restricted, but billionaires clause in the First Amendment. They time to cut off debate. Let’s vote and could buy TV stations or buy a news- should be deeply concerned that the have a result. paper or buy any form of media and say Senate majority leader and his gag rule Yet in a year’s time there have only whatever they think. Those are the have effectively silenced their elected been 23 amendments to legislation that people exempt from the gag rule pro- representatives here in the Senate, and have received votes. Some Members of posed by the Democrats. now he wants to silence them.

VerDate Mar 15 2010 02:43 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.069 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5412 CONGRESSIONAL RECORD — SENATE September 9, 2014 I thank the Presiding Officer. Third, it ensures that nothing in the Mr. CRUZ. Mr. President, at a time I yield the floor. amendment could be used to abridge of extraordinary challenges across the The PRESIDING OFFICER. The Sen- the freedom of the press. globe and here at home, we are not ator from Rhode Island. This amendment doesn’t create any gathered in the Senate to discuss how Mr. REED. Mr. President, I rise new and specific campaign finance to confront the threat of ISIS. We are today, as I have for many years, to rules; rather, it gives Congress and the not gathered in the Senate to discuss urge my colleagues to fix our Nation’s States the power to pass legislation how to prevent Putin’s Russia from in- broken campaign finance system. I do and to distinguish between real people vading its neighbors. We are not gath- so after much deliberation and consid- and legally created artificial entities, ered in the Senate today to discuss how eration of a series of Supreme Court such as corporations. Whatever legisla- to solve the humanitarian crisis at the decisions and the explosion of undis- tion that would be enacted pursuant to border with some 90,000 unaccompanied closed and potentially unlimited cam- this constitutional amendment would children coming into the country this paign spending that has Americans of be the result of a serious and lengthy year. We are not gathered in the Sen- all political backgrounds concerned. debate in Congress and in the States. I ate today to discuss how to bring back Indeed, I remember when this was an welcome that debate, and I believe jobs and economic growth, or how to issue that brought Republicans and most Americans want that debate as correct the fact that the Obama econ- Democrats together, and I was proud to well. It would begin a process that is so omy has produced the lowest labor support Senator MCCAIN’s efforts at necessary to rebuild a sense of trust in force participation since 1978—92 mil- campaign finance reform. our government and our electoral sys- lion Americans not working today. And Unfortunately, the recent Supreme tem. we are not gathered in the Senate to Court decisions, such as Citizens I urge my colleagues to support this discuss how to stop the disaster that United and McCutcheon, have given constitutional amendment to fix our has been ObamaCare, which has caused more than the mere appearance that broken campaign finance system by money—and corporate money at that— millions of Americans to lose their giving Congress and the States the jobs, to be forced into part-time work, has a louder voice than everyday power to reasonably regulate political Americans. Indeed, Justice Breyer to lose their health insurance, to lose spending, thereby reducing the influ- their doctors, and to see their pre- wrote in his McCutcheon dissent that ence of wealthy special interests. It is ‘‘taken together with Citizens United miums skyrocket. No. these same wealthy special interests Instead, we are gathered today in the . . . [McCutcheon] eviscerates our Na- that obfuscate the facts of a debate and Senate for a very different topic. The tion’s campaign finance laws, leaving a block efforts that could give our coun- remnant incapable of dealing with the majority leader and the Democratic try and our economy a shot in the arm. majority in this Senate have deter- grave problems of democratic legit- Indeed, I hope we can also find bipar- mined that the most important pri- imacy that those laws were intended to tisan support to give more Americans ority this Senate has, which we are resolve.’’ In my view, these misguided the ability to have a fair shot at suc- spending the entire week addressing, is decisions by a slim majority of the cess. For example, we need to make the proposal of 49 Democrats to repeal Court have allowed spending on polit- college more affordable and ease the the free speech provisions of the First ical campaigns to get out of control. burden of student debt on millions of There is a pervasive and corrosive Americans, invest in our infrastruc- Amendment. That is not hyperbole. view of politics felt by too many in this ture, raise the minimum wage, expand Typically, when Americans hear that country that their ability to express job training, close the pay gap for Members of the Senate are proposing their concerns and wishes to their women, boost jobs through manufac- repealing the free speech protections of elected officials is being crowded out turing—and that is just for starters. the First Amendment, the usual reac- by narrow interests and campaign We need to pass these kinds of bills tion is a gasp of disbelief. Could we funds. Rhode Islanders don’t want their and send them to the House and urge really have entered a world so extreme voices drowned out by unlimited them to act. The Senate was able to that our common ground no longer money with little or no transparency come together and pass a bill to pro- even includes the First Amendment of or no disclosure on where that money vide relief to the long-term unem- the Constitution? comes from. ployed earlier this year, but with 9.6 The First Amendment protects our In order to have a broad-based demo- million Americans still out of a job and most foundational rights. Yet, under cratic system, we need reasonable cam- looking for work—3 million of whom the amendment we are debating today paign finance laws which ensure that have been doing so for more than 6 that 49 Democrats have signed their those with large financial resources months—House Republicans have re- name to, the First Amendment would, cannot drown out the voice of everyday fused to follow suit. It is imperative in effect, have crossed out freedom of Americans. That is what this constitu- that we keep working to strengthen speech. Why? Because 49 Democrats tional amendment we are seeking to our economy, create jobs, and provide a have cosponsored a constitutional debate is all about. fair shot for everyone. amendment that is currently on the The system is broken, and as much I believe fixing the campaign finance floor of the Senate, being voted on this as individual candidates can pledge to system through this constitutional week, that would give Congress blan- provide more disclosure or take other amendment will provide a foundation ket authority to regulate political steps to increase transparency, that is so we can have reasonable debate that speech. not the solution to fixing the problem. is responsive to the interests of the From the dawn of our Republic we We need to give Congress and the American people and not responsive to have respected the rights of citizens to States the ability to set reasonable the interests of a narrow class of Amer- express their views. It is the right upon rules for all candidates. icans. which every other civil liberty is predi- The constitutional amendment we I urge my colleagues to take up this cated. But in the Democratic Senate of are considering today does three bill, pass it, and get on with the busi- 2014, citizens’ free speech rights are straightforward things: ness of giving everyone a fair chance at tools for partisan warfare. First, in order to advance democratic success. This proposal before the Senate is, self-governance and political equality, Mr. President, I note the absence of a bar none, the most radical proposal it gives Congress and the States the quorum. that has been considered by the Senate power to regulate and set reasonable The PRESIDING OFFICER. The in the time I have served. If this pro- limits on the raising and spending of clerk will call the roll. posal were to pass, its effects would be money by candidates and others to in- The bill clerk proceeded to call the breathtaking. It would be the most fluence elections. roll. massive intrusion on civil liberties and Second, it grants Congress and Mr. CRUZ. Mr. President, I ask unan- expansion of Federal Government States the power to enforce the amend- imous consent that the order for the power in modern times. ment and to distinguish between people quorum call be rescinded. Let’s talk about how and why that is and corporations or other artificial en- The PRESIDING OFFICER. Without the case. The text of the amendment tities. objection, it is so ordered. that is currently in the Bill of Rights

VerDate Mar 15 2010 02:43 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.071 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5413 says, Congress shall make no law re- This bill, if adopted, raises three sim- President Obama during the State of specting an establishment of religion, ple questions—questions I raised at the Union hectoring the Supreme or prohibiting the free exercise thereof; three hearings in the Judiciary Com- Court of the United States for the Citi- or abridging the freedom of speech. So mittee and in the Constitution sub- zens United case. right now we operate under a First committee, and I am the ranking mem- Relatively few people know the facts Amendment that says Congress shall ber on the Constitution subcommittee that underlie the Citizens United case. make no law abridging the freedom of of the Senate Judiciary Committee. We The facts in those circumstances are speech—not some laws; not laws that have had extensive debates on this that a nonprofit corporation made a some politicians think would help amendment. I wish to pose three sim- movie critical of Hillary Clinton, and them politically; but no law abridging ple questions that I would ask every for making a movie critical of Hillary the freedom of speech is what our First Democrat who has put his name to Clinton the Obama administration Amendment says. this—and I notice, sadly, my friend, tried to impose massive fines on them. What would the new First Amend- the Presiding Officer, is one of them, Citizens United, which President ment say? Well, according to our but he didn’t serve on the committee. Obama and the Senate Democrats Democratic friends, the new First So I would ask him to consider these decry as the most pernicious thing in Amendment would have two sections. questions, and I would hope every Dem- modern times, it seems, was all about The first section says, Congress and ocrat who has put his name to this, the government trying to fine a movie States may regulate and set reasonable upon thinking about it, will have sec- maker for daring to make a movie limits on the raising and spending of ond thoughts and pull his name off. about Hillary Clinton. money by candidates and others to in- So here are three questions every one Listen, let me be very clear. There fluence elections. Now, ‘‘reasonable.’’ of us should ask. No. 1, should Congress are movie makers—Michael Moore’s Who could oppose reasonable limits? have the constitutional authority to movies I think are complete nonsense. Isn’t that the essence of reasonable- ban movies? To quote the bard, they are full of ness? Perhaps I have forgotten my No. 2, should Congress have the con- sound and fury, signifying nothing. Mi- spectacles, but I don’t see in the cur- stitutional authority to ban books? chael Moore has a right to keep mak- rent First Amendment, Congress can And No. 3, should Congress have the ing those movies over and over again make reasonable restrictions on the constitutional authority to ban the and spewing his nonsense as long as he freedom of speech. It doesn’t say that. NAACP from speaking about politics? likes. The First Amendment protects It says Congress shall make no law My answer to these three questions is his right to be wrong. abridging the freedom of speech. unequivocally, unquestionably no. Yet And as a simple legal matter, would What is the difference? The First every single Democrat who has put his this amendment give Congress the con- Amendment is not about reasonable name on this amendment has no choice stitutional authority to ban movies? Paramount Pictures is a corporation. speech. The First Amendment was en- but to answer yes to all three of these Under the text of the amendment, what acted to protect unreasonable speech. questions. I, for one, certainly don’t want our I posed these questions in the Con- could Congress do to a corporation? It speech limited to speech that elected stitution subcommittee. When I posed can prohibit—and that is the language politicians in Washington think is rea- in the amendment—it can prohibit the them to the committee, the chairman sonable. corporation from spending money to of the committee, Senator DURBIN, There was a time this body thought influence elections. So if a movie talks gaveled the hearing shut because he the Alien and Sedition Acts prohibiting about politics, Congress can make it a could not answer those questions. But criticizing the government were rea- criminal offense. Go down to Holly- at the full Judiciary Committee hear- sonable. There is a reason the Con- wood, take the producers, the direc- ing, I was told by my Democratic stitution doesn’t say let’s trust politi- tors, the actors and everyone involved friends: This is hyperbole. This is exag- cians to determine what speech is rea- in the movie and put them in hand- geration. We don’t intend to ban mov- sonable and what isn’t. cuffs. That is breathtaking. I would note the Supreme Court has ies or books or the NAACP. My re- Now, again, the Democratic Senators long made clear the First Amendment sponse in those hearings was that this say, We don’t intend to do that. Then is all about unreasonable speech. For is the Senate. Forty-nine Senators are why did they submit a constitutional example, when the Nazis wanted to proposing an amendment to the Bill of amendment to the Bill of Rights that march on Skokie, IL—Nazi speeches, Rights. The inchoate intentions that says Congress can prohibit Paramount the paradigm example of unreasonable may be buried in the hearts of each and Pictures from speaking about politics? speech; it is hateful, bigoted, ignorant every Senator are utterly irrelevant to That means Congress can ban movies. speech—the Supreme Court said the the question. The question is, What is How about the second question: Nazis have a constitutional right to the language that would be inserted Should Congress be able to ban books? march down the street in Skokie, IL, into the Bill of Rights of our Constitu- That is an extreme question by any- with their hateful, bigoted, ignorant tion? one’s measure. Surely, nobody in Wash- speech. Now every one of us then has a Let’s look to the language. Section 2 ington is talking about banning books. moral obligation to condemn it as of this amendment says Congress and Well, if we assumed that, our assump- hateful and bigoted and ignorant. But the States shall have the power to im- tion would be wrong. Indeed, during the First Amendment is all about say- plement and enforce this article by ap- the oral argument in Citizens United, ing government doesn’t get to decide propriate legislation and may distin- the Supreme Court asked the Obama what you say is reasonable and what guish between natural persons and cor- administration: Your position is that you say is not. porations or other artificial entities under the Constitution, the sale for the The First Amendment is all about created by law, including by prohib- book itself could be prohibited. The an- saying we will not censor American iting such entities from spending swer from the Obama administration: citizens. What is this amendment money to influence elections. Yes, if the book contained the func- about? Saying the Federal Government That is very specific language that tional equivalent of express advocacy. now has the power to censor each and would now become part of our Bill of The Obama administration went in every American who dares speak about Rights. It is breathtaking. It is stag- front of the Supreme Court and argued: politics. So if a person has a political gering in its scope. We have the power to ban books. view at home, they better hope politi- I wish to take these one at a time be- This is in the record. This is in the cians in Washington think that view is cause the Democrats, I am sure—all 49 official transcript. People can go and reasonable. I will tell my colleagues Democrats—say, We don’t intend to listen to this argument, listen to the that very little of what we do in this ban movies, books, or ban the NAACP. Obama administration say they believe town is reasonable and the idea that Well, let’s look to the language they the Federal Government has the abil- elected politicians would seek to arro- put their names to. ity to ban books from your house. That gate power to themselves to censor the No. 1, let’s start with movies. We is breathtaking. citizens is anathema to who we are as have all heard a lot about the Citizens I recognize in today’s partisan soci- a country. United case. In fact, we remember ety there are some people who may be

VerDate Mar 15 2010 03:58 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.073 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5414 CONGRESSIONAL RECORD — SENATE September 9, 2014 watching these remarks who aren’t in- advance—namely encouraging vigorous po- ical debate, exacerbate the incumbency ad- clined to believe me. They might say: litical dissent and providing voice to the vantage, give certain political parties an un- Listen, you are a Republican. You are voiceless, which we, of course, support. fair leg up and disproportionately impair a conservative. And coming from the As we have said in the past, this and simi- third parties, many of whom cannot afford lar constitutional amendments would ‘‘fun- the sophisticated legal counsel necessary to spot in the political aisle that I do, I damentally break’ the Constitution and en- navigate the complex new laws this amend- don’t tend to trust Republicans or con- danger civil rights and civil liberties for gen- ment would allow. The contribution section servatives. erations.’’ could, for instance, allow a federal law lim- I understand that. I would tell you Were it to pass, the amendment would be iting contributions to the point where chal- that if you don’t believe me, perhaps the first time, save for the failed policies of lengers cannot mount an effective campaign, you would believe that famed right- Prohibition, that the Constitution has ever and third parties simply can’t afford to stay wing organization, the ACLU. The been amended to limit rights and freedoms. in business. ACLU said this amendment, to which Congress has had the wisdom to reject other More important, however, is the proposed rights-limiting amendments in the past, in- change in Subsections (1)(2) and (2)(2), which 49 Democrats have signed their cluding the Federal Marriage Amendment, would permit the federal and state govern- names—what would it do? It would the School Prayer Amendment, the Victims’ ments to limit the amount of funds spent ‘‘in ‘‘fundamentally ‘break’ the Constitu- Rights Amendment and, of course, the Flag support of, or in opposition to’’ candidates tion and endanger civil rights and civil Desecration Amendment, which many of the for office. Right now, under existing law, liberties for generations.’’ I said a few sponsors of this resolution opposed. It should there is a distinction between express advo- minutes ago that this was the most likewise reject the Udall amendment. cacy (‘‘vote Romney/Ryan’’ or ‘‘support radical legislation that has been put 1. DESCRIPTION OF THE AMENDMENT Obama/Biden’’) and ‘‘issue advocacy’’ (‘‘call before this body. Why is that? Because While short, the Udall amendment is de- Speaker Boehner and tell him to stop block- ing NSA surveillance reform’’). Historically, it is legislation the ACLU says would ceptively complex and presents several con- cerns. campaign finance reform efforts, including ‘‘fundamentally ‘break’ the Constitu- constitutional amendments such as this one, tion.’’ Breaking the Constitution is no Section 1 provides that ‘‘[t]o advance the fundamental principle of political equality have sought to restrict ‘‘sham’’ issue advo- minor matter, and endangering civil for all, and to protect the integrity of the cacy—that is, communications that some rights and civil liberties for genera- legislative and electoral processes, Congress claim are express advocacy disguised as issue tions ought to concern every Member shall have power to regulate the raising and advocacy. of this body. spending of money and in-kind equivalents As a practical matter, however, the staff One still might say: Surely banning with respect to Federal elections.’’ vested with the responsibility of distin- Specifically, Subsection (1)(1) would allow guishing between the two at the Federal books is hyperbole. Election Commission (‘‘FEC’’) or the Exempt Well, if you don’t believe me, the limits on ‘‘contributions to candidates for nomination for election to, or for election to, Organizations Division of the Internal Rev- ACLU in writing told the Senate this enue Service are ill-equipped to draw these amendment—to which 49 Democrats Federal office.’’ Subsection (1)(2) would allow limits on ‘‘the amount of funds that may be lines in a consistent and principled manner. have put their names—would give Con- spent by, in support of, or in opposition to For instance, would an ACLU ad urging gress the power to ban Hillary Clin- such candidates.’’ Section 2 provides the members of Congress to support Patriot Act ton’s new book, ‘‘Hard Choices.’’ I want same authorities to each state with respect reform, which runs shortly before the No- that to sink in for a moment. Forty- to state elections. vember 2004 election (when that issue is at nine Democrats have just put their Section 3 says that ‘‘[n]othing in this arti- play in the election), be construed as an cle shall be construed to grant Congress the issue ad exhorting voters to support reform names to a constitutional amendment, or a covert attempt to influence voters to and the ACLU rightly tells us that the power to abridge the freedom of the press.’’ And, Section 4 grants express authority to oppose members who do not support reform? express language of the amendment the states and Congress to implement these Similarly, would an ad by a group urging re- gives the government the power to ban limits through ‘‘appropriate legislation.’’ peal of the Affordable Care Act, which runs before the 2012 presidential election, be issue Hillary Clinton’s new book, ‘‘Hard 2. THE AMENDMENT IS UNNECESSARY AND Choices.’’ advocacy or covert express advocacy? WOULD BE CORROSIVE TO VIGOROUS POLITICAL Given the inability of the world’s best elec- I have that letter from the ACLU. I DEBATE ABOUT THE ISSUES OF THE DAY also have a subsequent letter from the tion law lawyers, let alone overworked line Congress and the states already have the revenue agents and attorney-advisors, to ACLU doing something which they authority to limit contributions to can- make a principled determination on any haven’t done before and which I don’t didates, including limits on expenditures such ads, lawmakers tend to overcorrect and know they will do again—thanking me like advertisements in support of a campaign restrict all issue advocacy in order to sup- and thanking all of us who have been or candidate paid for by an outside group and press any covert express advocacy. The Bi- fighting against this amendment for coordinated with that campaign or can- partisan Campaign Reform Act attempted to standing up for civil liberties. It is didate. They have had this authority since do exactly that by criminalizing any broad- the landmark Buckley v. Valeo Supreme cast, cable or satellite communication that truly a shame the Democratic Party is Court case in the 1970s, which remains good not among them. simply mentioned a candidate in the 30 days law and only placed First Amendment limits before a primary or 60 days before a general I ask unanimous consent to have on the ability of the government to control election. printed in the RECORD both of the let- independent expenditures (that is, uncoordi- Recognizing both the severe harm to polit- ters from the ACLU I referred to ear- nated express advocacy for or against a can- ical debate through overbroad laws that sup- lier. didate). press all issue advocacy mentioning a can- There being no objection, the mate- Citizens United’s holding, that corpora- didate for office, and the difficulty in mak- rial was ordered to be printed in the tions (including non-profit advocacy groups ing principled distinctions between issue and like the ACLU and thousands of others) and RECORD, as follows: express advocacy under a totality of the cir- labor organizations may spend general treas- cumstances approach, the courts have right- LEGISLATIVE OFFICE, ury funds on independent expenditures, is en- ly rejected measures that allow the govern- AMERICAN CIVIL LIBERTIES UNION, tirely consistent with the reasoning of Buck- ment to restrict issue advocacy at all. Washington, DC, June 3, 2014. ley. Sections (1)(2) and (2)(2) are designed to, Re ACLU Opposes the Udall Amendment. Subsections (1)(1) and (2)(1) are therefore and would, completely overturn that legal Hon. PATRICK LEAHY, both unnecessary and redundant of existing distinction between issue and express advo- U.S. Senate, Committee on the Judiciary, Wash- law, which, notably, already also places cacy and permit the government to crim- ington, DC. some limits on independent expenditures, inalize and censor all issue advocacy that Hon. CHARLES GRASSLEY, namely reporting requirements and less fa- mentions or refers to a candidate under the U.S. Senate, Committee on the Judiciary, Wash- vorable tax treatment. Such redundancy can argument that it supports or opposes that ington, DC. be dangerous for civil liberties, in that it in- candidate. DEAR CHAIRMAN LEAHY AND RANKING MEM- vites courts to ask why lawmakers said the To give just a few hypotheticals of what BER GRASSLEY: The American Civil Liberties same thing twice, and whether duplication would be possible in a world where the Udall Union strongly opposes S.J. Res. 19, a pro- means that the second statement confers ad- proposal is the 28th Amendment: posed constitutional amendment, sponsored ditional powers. Congress would be allowed to restrict the by Sen. Tom Udall (D–NM), that would se- In other words, while the inclusion of con- publication of Secretary Hillary Clinton’s verely limit the First Amendment, lead di- tribution limits in the Udall amendment is forthcoming memoir ‘‘Hard Choices’’ were rectly to government censorship of political presumably an attempt to get at she to run for office; speech and result in a host of unintended McCutcheon’s ban on aggregate limits, it Congress could criminalize a blog on the consequences that would undermine the could also permit other laws limiting con- Huffington Post by Gene Karpinski, presi- goals the amendment has been introduced to tributions that would severely harm polit- dent of the League of Conservation Voters,

VerDate Mar 15 2010 05:13 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.076 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5415 that accuses Sen. Marco Rubio (R–FL) of creasingly problematic in the age of citizen riage rights to same-sex couples in com- being a ‘‘climate change denier’’; journalism and the internet. Here, the gov- mitted relationships. Congress could regulate this website by re- ernment would have to determine if the Were this to pass, the Udall amendment form group Public Citizen, which urges vot- Daily Kos or Red State qualify as ‘‘the would grease the skids of these and other ers to contact their members of Congress in press.’’ If yes, they can blog freely. If no, proposals to limit fundamental constitu- support of a constitutional amendment ad- they could be censored or even go to jail. The tional rights. dressing Citizens United and the recent potential for abuse is obvious. For all of these reasons, we strongly urge McCutcheon case, under the theory that it Accordingly, the reference to freedom of you to oppose the Udall amendment, and to is, in effect, a sham issue communication in the press could perversely limit that free- focus Congress’s attention on enacting effec- favor of the Democratic Party; dom. Legally, ‘‘the press’’ has been defined tive public financing laws, tightening up the A state election agency, run by a corrupt broadly. It encompasses not only the ‘‘large coordination rules, ensuring prosecutors patronage appointee, could use state law to metropolitan publisher’’ but also the ‘‘lonely have effective resources to pursue straw do- limit speech by anti-corruption groups sup- pamphleteer.’’ ‘‘Freedom of the press is a nations and other common sense measures porting reform; fundamental personal right,’’ the Supreme for promoting the integrity of our political A local sheriff running for reelection and Court has written, ‘‘which is not confined to facing vociferous public criticism for draco- system. newspapers and periodicals. It necessarily What you must not do is ‘‘break’’ the Con- nian immigration policies and prisoner abuse embraces pamphlets and leaflets. The press could use state campaign finance laws to stitution by amending the First Amendment. in its historic connotation comprehends Please do not hesitate to contact Legisla- harass and prosecute his own detractors; every sort of publication which affords a ve- A district attorney running for reelection tive Counsel/Policy Advisor Gabe Rottman hicle of information and opinion.’’ could selectively prosecute political oppo- at 202–675–2325 or [email protected] if you The reference to freedom of the press will have any questions or comments. nents using state campaign finance restric- force the government and courts to draw dif- Sincerely, tions; and ficult lines between non-traditional media Congress could pass a law regulating this LAURA W. MURPHY, and the ‘‘large metropolitan publisher.’’ letter for noting that all 41 sponsors of this Director, Washington More often than not, the latter, simply be- amendment, which the ACLU opposes, are Legislative Office. cause of the breadth of issues covered in Democrats (or independents who caucus with GABRIEL ROTTMAN, their media, is going to appear less ‘‘polit- Democrats). Legislative Counsel/ ical’’ than the pamphleteer handing out cir- Such examples are not only plausible, they Policy Advisor. are endless. Currently, we do not have to culars urging greater gun control, reproduc- worry about viewpoint discrimination, selec- tive freedom or a path to citizenship for un- documented immigrants. The courts inter- AMERICAN CIVIL LIBERTIES UNION, tive enforcement and unreasonable regula- Washington, DC, August 6, 2014. tions that unnecessarily stifle free speech preting the laws permitted by this amend- ment are therefore more likely to move Hon. TED CRUZ, without advancing a legitimate state inter- U.S. Senate, Dirksen Senate Office Bldg., Wash- est because of the First Amendment, and away from the notion of ‘‘lonely pam- ington, DC. these protections would not apply to speech phleteer’’ as press. DEAR SENATOR CRUZ: We write to offer our covered by this proposed amendment. Tin- Finally, fourth, the reference to the press thanks for your co-sponsorship of the USA kering with the First Amendment in this clause expressly incorporates the speech, as- Freedom Act and your ardent defense of the way opens the door to vague and overbroad sembly and petition clauses into the Udall First Amendment in two important areas. As laws, which both fail to address the problem amendment by omission. In other words, the you so aptly said, ‘‘Republicans and Demo- that Congress wishes to solve and invariably amendment makes clear—through lack of crats are showing America that the govern- pull in vast amounts of protected speech. reference to the speech clause—that this Vague and overbroad laws regulating pure amendment is meant to directly constrain ment can respect the privacy rights of law- speech are also exceedingly dangerous to the existing speech, assembly and petition abiding Americans, while at the same time, democratic processes because they can be rights, and potentially all other constitu- giving law enforcement the tools needed to misused by various parochial interests. Dur- tional rights that could conceivably apply, target terrorists.’’ ing the civil rights era, for instance, south- with respect to both the state and federal The American Civil Liberties Union has ern states often tried to use laws forcing governments. That is both unprecedented long sought to work with members at all groups exercising their First Amendment and exceedingly worrisome. points on the political spectrum to advance rights to disclose their membership, in a bid Additionally, we note that Section 3 ap- fundamental American principles of indi- to run them out of town. pears to only apply to Congress, suggesting vidual liberty and personal privacy. We are Rather than ‘‘equalizing’’ the debate and that states may be free to ‘‘abridge’’ the heartened that you have been willing to giving voice to the voiceless, laws that allow freedom of the press. reach across the aisle to further those essen- criminalization of issue advocacy—which 4. AMENDING THE CONSTITUTION TO LIMIT A SPE- tial values and implement needed reforms of this, on its face, would permit—actually give CIFICALLY ENUMERATED CONSTITUTIONAL our growing surveillance state. the advantage to special interests with sig- RIGHT IS UNPRECEDENTED IN THE HISTORY OF We would also note that, while many of the nificant resources, because they can now call THE REPUBLIC objections to the bulk surveillance programs on the law to regulate their policy oppo- It bears emphasizing that this would be the revealed in the past year have focused on pri- nents. By exempting this class of political first time the amendatory process has been vacy, the ACLU has long been critical of speech from the scope of the First Amend- used to directly limit specifically enumer- mass surveillance on First Amendment ment (and potentially other rights), it would ated rights and freedoms. Many argue that grounds as well. Indiscriminate government provide no protection at all for disfavored such an amendment is not unprecedented. spying abrogates our constitutional right to minority groups on both the left and right. What they mean, however, is that amending anonymous speech and chills associational Congress would, for instance, be free to pass the Constitution in response to an unpopular activity. laws targeting only ‘‘political’’ speech by court case is not unprecedented. In those Indeed, it raises many of the same con- groups like ACORN. cases, however, the amendment either had cerns that have led the Supreme Court to 3. THE AMENDMENT COULD PERVERSELY HARM little to do with individual rights or it re- prohibit the compelled disclosure of political FREEDOM OF THE PRESS AND WOULD DI- stored lost rights. In no case, did it limit the associations and beliefs in landmark cases RECTLY EVISCERATE THE FREEDOMS OF right and freedom that vouchsafes our abil- like National Association for the Advance- SPEECH, ASSEMBLY AND PETITION ity to advocate for all of our other rights and ment of Colored People v. Alabama, 357 U.S. In addition to allowing Congress and the freedoms. 449 (1958); Shelton v. Tucker, 364 U.S. 479 states to criminalize issue advocacy, the Finally, while rights-limiting amendments (1960); Gibson v. Florida Legislative Com- amendment’s third section, exempting ‘‘free- are unprecedented, proposals to do so are le- mittee, 372 U.S. 539 (1963); Brown v. Socialist dom of the press’’ from its reach, poses four gion. Workers Party, 459 U.S. 87 (1982); McIntyre v. major problems. The ACLU has aggressively lobbied Ohio Elections Commission, 514 U.S. 334 First, it could actually make matters against, to name just a few, the Flag Dese- (1995); and Watchtower Bible and Tract Soci- worse. Those with enough money can afford cration Amendment, which would have over- ety of New York, Inc. v. Village of Stratton, to buy newspapers or journalistic websites, turned the Supreme Court cases prohibiting 536 U.S. 150 (2002). which are indisputably press outlets, and the state and federal governments from One of the key civil liberties concerns with would be completely outside the scope of the criminalizing defacement of the American indiscriminate bulk surveillance, for either laws permitted by this amendment. William flag; the Victims’ Rights Amendment, which criminal investigative purposes or national Randolph Hearst’s newspaper empire, for in- would have limited the rights of criminal de- security, is that it gives the government a stance, was at first a vigorously partisan fendants; an amendment to deny automatic detailed record of those dissenting from offi- supporter of Franklin Roosevelt (and then citizenship to all persons born in the United cial policy—on both the right and left. Sur- critic), and such partisan electioneering by States; the School Prayer Amendment, veillance chills such dissent, which results in the mass media would unquestionably be which would have given school officials the poor policy outcomes. Anonymity is essen- permitted under this amendment. power to dictate how, when and where stu- tial for the dissemination of unpopular ideas, Second, it invites government inquiry into dents pray; and the Federal Marriage which often enrich the marketplace of ideas. what constitutes ‘‘the press,’’ which is in- Amendment, which would have denied mar- Anonymous speech and association have

VerDate Mar 15 2010 05:13 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.025 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5416 CONGRESSIONAL RECORD — SENATE September 9, 2014 driven social progress on numerous fronts, Moveon.org is a corporation. The love the First Amendment; I love free from civil and labor rights to, tellingly, our Human Rights Campaign is a corpora- speech. That takes money. expansive modern view of free speech. tion. Greenpeace is a corporation. The Federalist Papers were the es- For these and other reasons, the ACLU People will note that every one I list- sence of speech, and it took money to also opposes S.J. Res. 19, a proposed con- stitutional amendment that would limit the ed is a group that in our political dis- print them. Thomas Paine’s ‘‘Common First Amendment to allow the government— course is often associated with being Sense’’—it took money to print it. It federal and state—to ‘‘regulate and set rea- on the left. Many of those groups are took money to print pamphlets. sonable limits on the raising and spending of not particular fans of mine as an elect- Everyone in the tech community— money by candidates and others to influence ed official, and that is their right. In- and I would note that all of our Demo- elections.’’ deed, it is their right to scream from cratic friends and sponsors of this While we certainly appreciate the good in- the mountaintops their criticism of my amendment almost to a person go rou- tentions of the measure’s supporters, we tinely to the tech community and say: fear—based on long historical experience— political positions. I will defend their that such an open ended remit would result right to criticize me or any other Mem- Give us money. Give us campaign con- in the censorship of pure issue advocacy by ber of this body all day long because tributions. non-partisan, non-profit groups. Likewise, the Bill of Rights says Congress shall Every Senate Democrat should ex- we anticipate the amendment would be used, make no law abridging the freedom of pect the tech community to say: Wait much like programmatic national security speech. a second. Why did you vote for a con- surveillance, to compel disclosure of con- Forty-nine Democrats just said that stitutional amendment to give Con- stitutionally protected anonymous political every organization I read—that it gress the power to regulate every Web activity and association by those espousing should be constitutional for Congress site in America? controversial or minority views. The fact this would be the first time any to prohibit them from speaking about If a Web site talks about politics, enumerated right in the Constitution has politics. this amendment gives Congress the been restricted through the amendatory It seems to me that when we return power to regulate that Web site. process underscores the gravity of the threat to our home States, every Senate Dem- Listen, I understand there are Mem- to the First Amendment posed by S.J. Res ocrat who put his or her name to this bers in this body on both sides of the 19. We thank you for your support for the amendment should expect to answer aisle who find it really pesky when First Amendment in your staunch opposition questions from citizens: Senator, why citizens dare criticize us. If you don’t to the constitutional amendment and your did you vote for a constitutional want to be criticized, don’t run for of- original co-sponsorship of the USA Freedom fice. Democracy is messy. Act. amendment to silence my free speech We look forward to working with you on rights? That is a question we should all I guarantee there is no one in this other First Amendment issues. Please con- expect. country who truly believes money is tact Legislative Counsel/Policy Advisor Gabe I would like to address a couple of not speech. It is a talking point, but Rottman if you should have any questions at red herrings in this debate because those examples are unquestionably 202–675–2325 or [email protected]. there are arguments put forth by the speech, and they have been from the Sincerely, Democrats who say: No, no, no. Pay no very first days of our Republic. LAURA W. MURPHY, attention to the text of the amendment A second canard is that corporations Director, Washington are not people. That is often said. Citi- Legislative Office. we have introduced. Pay no attention zens United said that corporations are MICHAEL W. MACLEOD- to the fact that it would give Congress BALL, the power to ban movies, books, and to people. Chief of Staff/First silence the NAACP. Pay no attention Of course corporations are not peo- Amendment Counsel. to any of that. It is something else. ple, but that is not the right question. GABRIEL ROTTMAN, There are three red herrings that are It never was the question. Nobody Legislative Counsel/ tossed forward. thinks corporations are people. They Policy Advisor. First, money is not speech. How don’t breathe, they don’t walk, and Mr. CRUZ. The third question every many times have we heard that over they are not human beings. The ques- Senator who has put his name to this and over in floor speeches? Yesterday tion is, Do corporations have rights amendment must answer is this: and today Democrats have stood and under our Constitution? Again, I guar- Should Congress have the constitu- said: Money is not speech. Money is not antee that every person in this Cham- tional authority to ban the NAACP speech. It has been repeated over and ber and every person in the gallery be- from speaking about politics? Well, over. It is a good talking point. It is lieves the answer to that question is why is that? Because the NAACP is a simply, on its face, demonstrably false. yes. If they don’t, the New York Times corporation. We hear the word ‘‘cor- It is certainly true that all money is is a corporation. Do we really think poration,’’ and we tend to think of not speech. the New York Times has no First ExxonMobil, Walmart, or what have If you go out and buy a Ferrari, that Amendment rights? you, but the NAACP is a corporation. is not speech, but if you go out and If the canard were true—corporations What could Congress do under this erect a billboard and pay money to put are not people, so they don’t have amendment, under the explicit lan- up a billboard that says ‘‘Senator JOE rights—Congress could pass a law to- guage of this amendment? Congress MANCHIN is a terrific guy,’’ that is morrow that says the New York Times could prohibit the NAACP from speak- speech. It takes money to do that. can never again criticize any Repub- ing about politics. They don’t put up billboards with pixie lican Member of Congress. I think the Let me state some other corporations dust. It actually takes some dollars to paper would probably go out of publica- Congress would have the constitutional erect that billboard and to express that tion if it had to remove that from its authority to silence. The ACLU is a speech. content. corporation. The AARP—the American If you decide you want to run a radio But it, of course, cannot. Why can’t Association of Retired Persons—is a ad saying that Senator so-and-so is ter- it? Because corporations have rights. corporation. People for the Ethical rible or wonderful, they don’t run radio Every one of us knows that. We would Treatment of Animals is a corporation. ads just because you asked ‘‘pretty be horrified. That legislation would be Amnesty International is a corpora- please.’’ It takes money. blatantly unconstitutional. Why? Be- tion. Americans United for Separation Let’s say you want to run a tele- cause the New York Times has a First of Church and State is a corporation. vision ad. It takes money. Amendment right to speak about poli- The Gay & Lesbian Advocates & De- Let’s say you want to launch a Web tics however it likes, whether wrong- fenders is a corporation. The National site. Have you ever launched a Web site headed or right-headed. Organization for Women is a corpora- for free? The groups I mentioned before—the tion. The Center for Reproductive Let’s say you are a little old lady NAACP is a corporation. I challenge Rights is a corporation. The Sierra who wants to put a yard sign on your any Senator to stand and say the Club is a corporation. La Raza is a cor- front yard, and it is going to take $5 to NAACP has no First Amendment poration. NARAL is a corporation. buy some poster board and a stick and rights. But every Senator who has said Planned Parenthood is a corporation. some crayons and markers and write: I on this Senate floor that corporations

VerDate Mar 15 2010 03:58 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.026 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5417 aren’t people, that they have no rights, lionaires stealing democracy. Gosh, the camera and repeatedly state false- has said the NAACP has no constitu- top 16 donors are not Republicans. hoods: If you like your health insur- tional rights—if you were a first-year And how about the Koch brothers ance plan, you can keep it, if you like law student and put that answer in any who we are told are somewhat like the your doctor, you can keep them, you constitutional law class in the country, Grinch who stole Christmas? Where do do not really want to remind the Amer- you would get an F. It wouldn’t be a D- they fall? We have to go down to No. 59 ican people that you deliberately lied plus or a D-minus; it would be an F. It on the list to find Koch Industries. to them. is an obviously blatantly false state- But perhaps you believe there is And the Democrats certainly cannot ment. Yet 49 Democrats rely on it to something to this claim of secret run on the Obama-Clinton foreign pol- justify trying to gut the First Amend- money. That too is a red herring. The icy—a policy about which we heard last ment. Federal Election Commission esti- week the President has no strategy for The third red herring the Democrats mates that over $7 billion was spent in dealing with the great threats facing in this body point to is they paint a the 2012 election cycle. We have heard this country. Leading from behind is specter of evil billionaires coming to from Democrat after Democrat after not a strategy, and we can see the con- steal our democracy. Democrat that secret money—money sequences of the Obama-Clinton for- We have all heard of our friends the where the donors are not disclosed—is eign policy, which is that the entire Koch brothers—in part because the ma- this enormous problem in our democ- world is on fire. jority leader has launched an unprece- racy that justifies gutting the First If you are a Democratic Senator run- dented slander campaign on two pri- Amendment. So of that $7 billion, I as- ning for reelection in 2014, you have a vate citizens. Almost on a daily basis sume a lot of that is secret money. problem. You cannot run on your the majority leader stands and dema- Well, if you were to assume that, you record because the record is abysmal. gogues two private citizens who have would be wrong. The Center for Re- So what is done instead? It is smoke committed the sin of creating hundreds sponsive Politics estimates that in 2012 and mirrors. It is distraction. of thousands of jobs, being successful about $315 million was spent by groups The only explanation I can come up in the private sector, and then exer- that do not disclose all of their donors. with for why we are spending a week— cising their First Amendment rights to That is less than 4.5 percent of all the with all the challenges in the world—a speak out about the grave challenges political speech in 2012. week debating an amendment that will facing this country. So this entire effort to gut the First never ever pass is this is designed to If one Member of this body impugns Amendment, to give Congress the fuel a bunch of TV commercials for the integrity of another Member of this power to ban movies, books, and the Democratic Senators, to paint the pic- body, we can rise on a point of personal NAACP from speaking about politics is ture of nefarious billionaires coming to privilege. I ask the Presiding Officer, justified because of 4.5 percent of polit- steal our democracy. Facts do not get where is the point of personal privilege ical spending, a whole bunch of which in the way of their story. But yet the for a private citizen when the majority is being spent to help Democrats. breadth of this is rather enormous. I serve on the constitution sub- leader drags his name through the mud Those are the facts. As John Adams fa- committee with the Senator from Min- day after day? mously said: Facts are stubborn things. nesota, who before being a Senator was What Senator REID is doing to two (Ms. WARREN assumed the Chair.) a very talented comedic actor and private citizens who are fighting to ex- So it raises the question: If the prob- comedic writer on ‘‘Saturday Night ercise their free speech rights is rep- lems they are telling us about are not Live.’’ I grew up watching ‘‘Saturday rehensible. It is an embarrassment to real, why are the Democrats doing Night Live.’’ I love ‘‘Saturday Night this institution. Yet perhaps one might this? Why are we spending a week de- Live.’’ say there is some truth to the matter. bating this constitutional amendment, ‘‘Saturday Night Live’’ over the We are told these nefarious brothers the most radical constitutional amend- years has had some of the most tre- are responsible for almost everything ment this body has ever considered, mendous political satire—for decades. bad in the world, so it must be that particularly because every single Mem- Who can forget Chevy Chase tripping they are playing a huge role in our ber of this body knows the outcome? and falling over just about everything? body politic. There are not sufficient votes to adopt Who can forget portrayals—Dana Well, if you go look at OpenSecrets, this amendment. The Democrats all Carvey’s George Herbert Walker Bush: which compiles campaign giving from know this. The Republicans all know ‘‘Not going to do it.’’ Who can forget 1989 to 2014, so for the past 25 years— this. Then why would they be doing it? Bill Clinton, Ronald Reagan, Al Gore? and it compiles them from the biggest Well, if you are a Democrat running Who can forget in 2008 the ‘‘Saturday givers down to the smallest givers—if for reelection in 2014, you cannot run Night Live’’ wickedly funny character- you look at first 16 names on that on the economy. The Obama economy ization of the Republican Vice Presi- list—I have heard what our Democratic is a disaster. Millions of people are out dential nominee Sarah Palin? It was Members of this body have said: There of work. The people who have been wickedly funny and also had a pro- are evil, nefarious Republicans trying hurt the most by the Obama economy foundly powerful effect on people’s as- to steal our democracy. And the impli- are the most vulnerable among us— sessment of Governor Palin, who is a cation is that they are backing Repub- young people, Hispanics, African Amer- friend of mine. licans. So my assumption is, as I look icans, single moms. We have not seen When I asked the Senator from Min- at the list of the top donors, the top such a low labor force participation nesota in the Senate Judiciary Com- 16—how many of them give predomi- since 1978, since the stagnation and mittee: Do you believe that Congress nantly to Republicans? Well, one would misery and malaise under Jimmy Car- should have the constitutional author- assume, given how great the magnitude ter. The Obama economy has recreated ity to prohibit ‘‘Saturday Night Live’’ is, that it has to be a lot of them, prob- that. So if you are a Democrat, you from making fun of politicians, the ably all of them, or if not all of them, cannot run on the disastrous economic good Senator promptly reassured me most of them—at least half of them. record of the Obama administration. he had no intention of doing any such Mr. President, do you know how If you are a Democrat, you certainly thing. But what we are debating is not many of the top 16 groups give pre- cannot run on ObamaCare—the most the intentions of 100 Senators. What we dominantly to Republicans? Zero. The harmful social services legislation in are debating is a constitutional amend- top 16 political donors in this country modern times that has cost millions of ment that 49 Democrats are proposing all give either overwhelmingly to Americans their jobs, their health care, to be inserted into the Bill of Rights. Democrats or at best evenly between their doctors. If you do not believe me, The only question—it is not the in- the two parties. You have to fall to No. take a look at how the Democrats are tention of those Senators—but, rather, 17 to find a group that gives more heav- running in their States. You do not see what would that amendment say? What ily to Republicans than to Democrats. Democrats running saying: We passed the amendment says is for any corpora- Now, that is curious given the story ObamaCare. When you take away mil- tion Congress would have the constitu- that is being told by our Democratic lions of people’s health care and doc- tional authority to prohibit it from en- friends about these evil Republican bil- tors, and when you look in the TV gaging in political speech.

VerDate Mar 15 2010 03:58 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.078 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5418 CONGRESSIONAL RECORD — SENATE September 9, 2014 Well, NBC, which airs ‘‘Saturday and said: ‘‘In the entire history of the If the Democratic Party has its way, Night Live,’’ is a corporation. Under Constitution, we have never amended the Bill of Rights will be forever al- this amendment 49 Democrats have the Bill of Rights, and now is no time tered. We will have to send up work- signed their name to, Congress would to start.’’ men to that facade to carve with jack- have the power to make it a criminal Where are the Ted Kennedys? Where hammers the words of the First offense. Lorne Michaels could be put in are the Democrats? Where are the lib- Amendment out of the granite in the jail under this amendment for making erals? front of the Newseum. fun of any politician. That is extraor- Also in 1997, Senator Russ Feingold, In the Senate Judiciary Committee I dinary, it is breathtaking, and it is another passionate liberal, stood up introduced a substitute amendment. It dangerous. and said: was an amendment to replace every The idea of banning books is not new. . . . the Constitution of this country was word of this extraordinarily dangerous Advocates of government power, stat- not a rough draft. We must stop treating it amendment with the following words: ists, have long favored silencing the as such. The First Amendment is the bed- Congress shall make no law respecting an citizenry. It is why our First Amend- rock of the Bill of Rights. It has as its establishment of religion, or prohibiting the ment was such a revolutionary con- underpinnings that each individual has a free exercise thereof; or abridging the free- cept, the idea that the individual cit- natural and fundamental right to disagree dom of speech, or of the press; or the right of with their elected leaders. izen has the authority to challenge any the people peaceably to assemble, and to pe- elected official, from local magistrate I agree with Ted Kennedy, I agree tition the Government for a redress of griev- ances. all the way up to the President of the with Russ Feingold, and I will tell you, United States. privately I have urged Democratic col- It was word-for-word verbatim the But if you are an advocate of govern- leagues to come and join me in defense text of the First Amendment of the mental power, the citizens having the of the First Amendment—the handful Constitution of the United States, and liberty to speak out is inconvenient; it who have not put their names to this I am sorry to tell you every single Sen- can lead to inconvenient truths. So on amendment—and all I can surmise is ate Democrat on the Judiciary Com- some level it should not be surprising that the partisan pressures of Wash- mittee voted against the text of the that the modern Democratic Party, ington are too much. First Amendment. It was a straight which has become the party of govern- This amendment is not going to pass, party-line vote. ment power over every aspect of our but it is profoundly dangerous that in Going back to Senator Kennedy, Sen- lives, would take it to the final conclu- the U.S. Senate not a single Demo- ator Kennedy and I would have agreed sion of giving government the power to cratic Senator will come to the floor in on very little. On matters of policy, he silence our political speech and to ban defense of the First Amendment. It is was a big government man and I most books. profoundly dangerous that the modern assuredly am not. On matters of for- I am reminded, in Ray Bradbury’s Democratic Party now thinks it is eign policy, he supported a far weaker immortal book ‘‘Fahrenheit 451,’’ of good politics to campaign on repealing military than do I and a far weaker de- the words of Captain Beatty: ‘‘If you the First Amendment. The hashtag fense of our Nation. But on the ques- don’t want a man unhappy politically, #don’trepeal1A has echoed through tion of the First Amendment, I am don’t give him two sides to a question twitter as individual citizens are proud to stand side by side with Ted to worry him; give him one. Better yet, amazed. Kennedy. give him none.’’ That was, of course, Earlier this year we saw all 55 Demo- What does it say about the modern the chief fireman in charge of burning crats stand together against religious Democratic Party that not a single books in ‘‘Fahrenheit 451.’’ In the book liberty, supporting an amendment that Democrat is willing to honor Senator that is the temperature at which book would gut the Religious Freedom Res- Kennedy’s legacy? His words are every paper ignites. It breaks my heart that toration Act which was passed with bit as true now as they were in 1997. today we are seeing the Fahrenheit 451 overwhelming bipartisan support and In the entire history of the Constitution, Democrats. Today we have seen 49 signed into law by Bill Clinton. we have never amended the Bill of Rights, Democrats put their name to a con- It used to be on religious liberty and now is no time to start. stitutional amendment that would give there was a bipartisan consensus. The It is my plea to the Democratic Mem- Congress the power to ban books. same used to be true on free speech. bers of this body that they reconsider Some might dismiss it and say: What When did Democrats abandon the Bill the decision of putting their name on does it matter? It is an exercise in poli- of Rights? When did Democrats aban- this amendment. It may seem like tics. They do not really believe it. don civil liberties? I assure you, if it harmless election-year politicking that They know it is not going to pass. Poli- were my party proposing this egregious will help in political campaigns, but it ticians will be politicians. No wonder amendment, I would be standing on the is dangerous when 49 Senators come to- the American people are cynical. I floor of this Senate giving the very gether and say: We no longer support would be embarrassed if one Senator same speech trying to hold my party to the First Amendment. put his or her name to an amendment account. Because at the end of the day, We have a two-party system—a two- repealing the free speech protections of when we take our oath of office, it is party system on which there should be the First Amendment. Instead of one, not to a Democratic Party or the Re- robust debate. It is even more dan- it is 49. And much like with Sherlock publican Party, it is to represent the gerous when one of the two parties be- Holmes and ‘‘the dog that didn’t bark,’’ citizens of our State—in my case, 26 comes so extreme and so radical that it every bit as troubling as the 49 names million Texans—to fight for their becomes seen as good politics to cam- of the Senators who are willing to re- rights and to defend and uphold the paign against the First Amendment. peal the free speech protections of the Constitution of the United States. This will not pass this week, but I First Amendment are the Senators who There is nothing the United States hope my Democratic colleagues will are not speaking out. In particular, we has done in the just under 2 years that have second thoughts. I hope we can re- have not seen a single Democrat have I have been in this body that I find turn to the day where there is a bipar- the courage to speak out against this more disturbing and more dangerous tisan consensus in favor of civil lib- abominable provision. than the fact that 49 Democrats would erties, in favor of protecting the free It was not always so. There was a put their name to a proposal to repeal speech rights of every American. time not long ago when there was bi- the First Amendment. I hope we will listen to the wise partisan agreement on questions of When my daughters Caroline, 6, and counsel of Senator Kennedy, and I hope civil liberties. There was a time when Catherine, 3, came up from Texas to we will recognize, as Senator Kennedy you could find Democrats for whom the Washington for a weekend to visit, I and Senator Finegold observed, that First Amendment meant something. took them to the Newseum. It is a ter- there are no James Madisons or Thom- In 1997, Democrats attempted a simi- rific museum. The front facade of the as Jeffersons serving in this body lar amendment to give Congress the Newseum has in gigantic letters the today. power to regulate free speech, and that text of the First Amendment carved in The Bill of Rights is not a rough lion of the left Ted Kennedy stood up granite. draft, and the U.S. Senate should not

VerDate Mar 15 2010 03:58 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.079 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5419 be proposing to repeal the First on campaign finance are undermining is completely inconsistent with Amer- Amendment. fair, democratic processes. ica’s Constitution, history, and values. I yield the floor. The Citizens United and McCutcheon I say that the First Amendment was The PRESIDING OFFICER. The Sen- cases also limit the ability of Congress alive and well before the Citizens ator from Hawaii. and the States to fix the problems United and the McCutcheon decisions. Ms. HIRONO. Madam President, lis- caused by these decisions. Why? Be- The constitutional amendment be- tening to the good Senator from Texas, cause the Supreme Court has decided fore us does not repeal anything in the I feel as though I am in a parallel uni- that unfettered spending in elections is Constitution; rather, it undoes the verse. a constitutional right. So the only way damage that five members of the Su- I rise to support S.J. Res. 19, an we can fix these wrong decisions is by preme Court have done to free and fair amendment to the U.S. Constitution amending the Constitution. elections. By the way, money buys that ensures our democracy is for the The Supreme Court’s majority claims speech, it is not speech. I urge my col- people—for the people, not for corpora- that allowing unlimited spending in leagues to support S.J. Res. 19. tions. elections is essential to protecting the I yield the floor. I am proud to cosponsor this meas- First Amendment, that unlimited The PRESIDING OFFICER. The Sen- ure. I am also proud to stand with the spending by corporations and individ- ator from New Mexico. Mr. UDALL of New Mexico. Thank overwhelming majority of this country uals is a constitutional right. you, Madam President. Let me first in support of restoring commonsense Guess what. Before the Supreme say how much I appreciate all of my and fair campaign finance rules. Court’s decision in Citizens United and colleagues coming to the floor and The current Supreme Court has been McCutcheon, the First Amendment and talking about this amendment. Sen- noted as among the most pro-corporate constitutional rights were alive and ator HIRONO is here. I know Senator Supreme Courts in our history. In deci- well. So the Court argued that restrict- WHITEHOUSE is coming down. A number sion after decision, a narrow conserv- ing campaign spending would limit the ative majority of the Court has placed of Senators have come down and spo- right of individuals and groups to par- ken very eloquently. The Presiding Of- the voices of the corporations and spe- ticipate in our democratic process— cial interests over the voices of the ficer has also taken a good strong posi- never mind that they have been par- tion and we so much appreciate all of people. ticipating in our democratic processes The Court decided Citizens United in her good work. before these decisions. An earlier speaker said that the 2010. Corporations are people with free In reality, these rulings institu- speech rights, said the Court’s 5-to-4 NAACP is against this amendment. In tionalize the power of Big Money in fact, the NAACP is for this amend- majority. Under this construct that politics at the expense of regular ment. corporations are people, this ruling, Americans. The Court’s decisions have I ask unanimous consent to have Citizens United, granted special inter- the effect of saying that in our democ- printed in the RECORD a statement off ests the right to use corporate treas- racy those with the most money should their Web page of their endorsement of uries to drown out the voices of the have the loudest voices and that the the constitutional amendment I am people without being subject to mean- very identity of those voices can be going to talk about. ingful disclosure requirements. hidden from the voters. The huge un- There being no objection, the mate- We have already seen the impact of disclosed expenditures that these deci- rial was ordered to be printed in the this decision. According to the Center sions allow have diluted the core prin- RECORD, as follows: for Responsive Politics, this election ciple of democracy: one person, one [From the NAACP.org] year outside groups have spent triple vote. CONSTITUTIONAL AMENDMENT TO LIMIT COR- the amount they had at the same time The vast majority of the American RUPTING ROLE OF BIG MONEY CONTRIBU- in 2010, and the election is still months people disagree with the Supreme TIONS TO POLITICAL CAMPAIGNS away. Court’s unprecedented interpretation S.J. RES. 19/H.J. RES. 20, WOULD MAKE CLEAR The Court thrust the floodgates even of the First Amendment. The Court has THAT CONGRESS, INDIVIDUAL STATES AND THE wider with the ruling in the left us with the option we are pursuing AMERICAN PEOPLE HAVE THE AUTHORITY TO McCutcheon case. This ruling struck today—amending the U.S. Constitu- MEANINGFULLY REGULATE CAMPAIGN FI- NANCE down aggregate limits on contributions tion. When the Supreme Court said by individuals. So now billionaires It is no secret that the role of money in that women did not have the right to politics is ever increasing, and that money could spend hundreds of millions of vote, Congress and the people passed dollars to influence elections—and they plays a major role in who stands for office, the 19th Amendment. So amending the who wins, and, most critically, the eventual are doing just that. Constitution to protect our democracy public policy Congress enacts. With the deci- In these two decisions, the majority is not some new or radical idea. When sions by the U.S. Supreme Court in the 2010 willfully ignored the reality of the cor- the Supreme Court said States could Citizens United v. Federal Election Commis- rupting influence of Big Money in our impose poll taxes on the poor, Congress sion (FEC) and 2014 McCutcheon vs. FEC democracy. It is clear to me that the cases, the role of big money, donated by and the people passed the 24th Amend- wealthy corporations and individuals, will Court got it wrong in both cases. To fix ment, and the list goes on. Why? Be- what has been done, Congress must act. only continue to grow. cause the Supreme Court is made up of Because it is becoming increasingly clear The need for action is not just a human beings, and as human beings that income and wealth inequality is rooted Democratic or Republican issue. Near- they sometimes get it wrong, as they in political inequality, the NAACP strongly ly 80 percent of Americans support did in the Citizens United and supports several legislative initiatives—in- overturning the Supreme Court’s Citi- McCutcheon decisions. cluding H.R. 20, the Government By the Peo- zens United decision. Campaign spend- As retired Justice John Paul Stevens ple Act, and S. 2023, the Fair Elections Now Act, which put voluntary curbs on campaign ing is out of control, and the American wrote in his dissent to Citizens United: people strongly support reform. Sev- spending. Together, these two bills are com- enty-one percent believe that indi- The Court’s opinion is thus a rejection of prehensive reform packages designed to com- the common sense of the American people, bat the influence of big money politics, raise vidual contributions should be limited, who have recognized a need to prevent cor- civic engagement and amplify the voices of and 76 percent believe that spending by porations from undermining self-government everyday Americans. outside groups should also be limited. since the founding, and who have fought Yet some have concerns about the vol- The American public is clear on this against the distinctive corrupting potential untary nature of these bills—candidates may issue. Only in Washington, DC, has this of corporate electioneering since the days of opt out of participating and adhering to lim- become such a polarized debate. Un- Theodore Roosevelt. its on the amounts raised and spent Thus, in checked and unaccountable, spending Justice Stevens has it right and so addition to supporting the legislation, the on campaigns impacts politics and pol- does the overwhelming majority of NAACP supports a constitutional amend- ment that would make clear that Congress, icy across the country, even at the Americans. Republicans, Democrats, individual states and the American people State and local levels. From Arizona to and Independents all agree that the have the authority to meaningfully regulate Montana to my home State of Hawaii, Court’s ruling in Citizen’s United and campaign finance and to restore trans- the Supreme Court’s extreme decisions McCutcheon stand for something that parency and safeguard the role of individual

VerDate Mar 15 2010 03:58 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.081 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5420 CONGRESSIONAL RECORD — SENATE September 9, 2014 voices in our elections. The constitutional gress, and to the States. We have a job to Congress, and to the States. That is amendment has been proposed by Senator to do, but the Supreme Court has ren- it, period. Tom Udall (NM) (S.J. Res. 19) and in the dered us powerless to do it. There is What is so terrifying about this? Not House of Representatives by Congressman one way to change this, one way for one thing, except for wealthy special Jim McGovern (MA) (H.J. Res. 20). interests that have their place at the Amending the Constitution is hard—and it real reform; that is, a constitutional should be. But it is not impossible. Already amendment. table bought and paid for and want to 16 states and hundreds of local governments That is what this debate is all about. keep it. That is the bottom line. They across the country have called on Congress The Supreme Court opened the flood- oppose any reforms, any restrictions on to take action, showing strong public sup- gates. The American people want us to campaign spending. They are listening port for reform from all sides of the political close them. too. Their message is very clear and spectrum. Furthermore, supporters of a Con- The Huffington Post published an ar- unyielding: No reform. None. They stitutional amendment have been promised a ticle yesterday titled ‘‘Is Washington want to keep writing their checks and vote by the full Senate on S.J. Res. 19 before The Only Place Where Campaign Fi- staying at the head of the table. the end of the year. nance Is A Partisan Issue?’’ The answer This debate is about special interests Mr. UDALL of New Mexico. Thank is yes. Poll after poll shows this. trying to buy elections in secret with you, Madam President. A strong majority of Democrats and no limits. The Supreme Court says Some of our opponents have come Republicans outside of Washington that is just fine. We say, no, in fact, it down to the floor and asked: Why do want reform, Republicans such as my isn’t. Our amendment has a long bipar- this now? Why bother? I would answer: good friend former Senator Al Simpson tisan tradition back to 1983 when Sen- Ask the American people. I think they from Wyoming. Yesterday The Hill ator Ted Stevens, a Republican, was will tell you. People are listening—not published an op-ed that Al and I wrote the lead sponsor. It is common sense. It just Democrats but Republicans too— together. As most people know, he has is fair. We do not dictate specific reforms. all across the Nation. They are listen- always been someone to speak his We do say Congress has a duty and a ing and here is what they are hearing. mind. When Al edited our draft he They are hearing that the Supreme right to enact sensible campaign fi- added that ‘‘the playing field in our de- nance reform. Any specific proposals Court has put a for sale sign on our mocracy is far from level, and that is elections. They are hearing our polit- are debatable and answerable to the driving cynicism, disgust, and mistrust American people. This amendment has ical process is on life support, drowning of the political process to dangerous in cash, and most of it coming from the support of most Americans because levels.’’ they understand beyond all the noise, just a few people. Sadly, he is right. It is time for us to Sixty percent of all super PAC money beyond all the tortured logic of our op- listen to our constituents. Over 3 mil- ponents that we have a train wreck and in 2012 was doled out by 100 billionaires lion people have signed petitions in and corporations. They are hearing we need to get the train back on track support of a constitutional amend- before yet another scandal, before we about elections bought and paid for by ment. There are 16 States, over 550 cit- shadowy outside groups given a green are back in the Watergate era. ies and towns pushing for reform, de- The voice of Americans should not be light by the Supreme Court. Special in- manding a more level playing field and drowned out by billionaires lobbying terests are shelling out at least $216 fairness, including 75 percent of the for favors, hiding in the corner with million in 2014 and likely $1 billion by voters in Montana, a State where Mitt gold-plated megaphones. It is time to election day. That is 15 times more Romney won by a 10-point margin. So limit the power of Big Money, to give money than in 2006 before Citizens this is a partisan issue only in Wash- everyone a say, not just the rich, not United, before the Supreme Court de- ington and in the backrooms of billion- just the powerful—everyone. fied common sense and said corpora- aires determined to keep the money Americans are listening, they are tions are people. They are hearing that flowing and the influence intact. watching, and they are waiting because a lot of money is hidden when over half So opponents have ramped up the they know and we know a simple truth: the money spent in this year’s top nine noise and distraction about the First We cannot hand over our democracy to Senate races is not fully disclosed, over Amendment and free speech. I would the biggest spender. half not fully disclosed. So in 2 months not lose any sleep about billionaires Thank you, Madam President. we will know the outcome of these and their free speech, but a lot of us I ask unanimous consent to have elections, but we will not know who are up late nights thinking about the printed in the RECORD the op-ed I men- paid for them. rest of America. tioned authored by myself and Senator The result is not surprising. The As Justice Breyer wrote in his dis- Simpson and that the Huffington Post American people have lost faith in us sent to McCutcheon, ‘‘Where enough article I referenced be printed in the as they watch this merry-go-round, money calls the tune, the general pub- RECORD. this constant money chasing, and very lic will not be heard.’’ Too many Amer- There being no objection, the mate- little else getting done. This is a vital icans feel they are not being heard. The rial was ordered to be printed in the debate about what democracy we will First Amendment has already been hi- RECORD, as follows: have and whether democracy will sur- jacked. Our amendment rescues it. [From thehill.com, Sept. 8, 2014] vive. Will we have one that caters to Congress has a long history of regu- BIPARTISAN CASE FOR A CONSTITUTIONAL billionaires and the privileged few or lating campaign finance, of doing its AMENDMENT ON CAMPAIGN FINANCE one that listens to the American peo- job and standing up to Big Money and (By Sen. Tom Udall (D–N.M.) and former ple; one that keeps chasing money powerful interests. We can go all the Sen. Alan Simpson (R–Wy.)) from special interests or one that says way back to 1867, and later with the Following recent U.S. Supreme Court deci- sions dismantling our nation’s campaign fi- it is the quality of our ideas, not the Pendleton Act, the Hatch Act, the Bi- nance laws, all Americans are certainly not size of our bank accounts, that should partisan Campaign Act of 2002—a long equal on Election Day. With 5–4 split deci- matter; a democracy that answers to history and I would argue an honorable sions, the court has given corporations the the middle class or to the moneyed one, and without banning books, sup- ability to spend unlimited money to per- class? pressing teachers, suppressing preach- suade voters, and also declared limits on This debate is crucial. This debate is ers or shutting down newspapers. Re- large donations to be the equivalent of in- fringement on speech. The result is an elec- absolutely crucial to the future of our forms have been modest, reasonable, toral system in which a billionaire can influ- country, and I believe the American and responsive, passed by both Houses ence elections across the country, while reg- people are not only listening, they are of Congress, signed by the President. ular voters have just one shot—by casting a demanding to be heard, because every The other side can talk about imagi- single ballot. voice counts, and that is why the ma- nary horribles. That is one way to go. This is surely not the equality as envi- jority of Americans support reform. But that argument is not supported by sioned by our founders, who would be ap- palled by corporate spending in elections and They know the system is broken. history, by logic or by the law. Our unlimited personal donations by billionaires. There is only one way to truly fix it. amendment is not radical. It is a sim- The solution is to clarify the Constitution so Give power back to the elected rep- ple idea. It will give power back to the that the people may decide how, when and resentatives of the people, to the Con- elected representatives of the people, why to regulate campaign finance. This

VerDate Mar 15 2010 05:13 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.023 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5421 week, the Senate will vote to begin debate porations. After the McCutcheon decision be seen at the state and local levels. The pro- on a constitutional amendment which now wealthy donors can, and many will, con- amendment group Free Speech For People has the support of nearly half the Senate, 16 tribute up to $3.6 million in an election has compiled a list of 137 current and former states and over 550 municipalities, including cycle. For an average person making min- state Republican officials who support an large cities like New York, Los Angeles, Chi- imum wage, it would take 239 years to make amendment to enhance limits on campaign cago and Philadelphia—all of whom are sick that much money. The playing field in our finance. of out-of-control spending in elections and democracy is far from level, and that is driv- This list includes a number of Republican disturbed at the direction the court has ing cynicism, disgust and mistrust of the po- officials who voted for resolutions in support taken. litical process to dangerous levels. of an amendment to overturn Citizens The original and honest intent of our cam- Over the course of our Senate careers, United and establish other limits to cam- paign finance laws is to rein in the culture of spending on campaigns has gotten out of paign finance. Overall, 16 states have backed money in politics and ensure that a few do- control. According to a joint study by resolutions calling for an amendment. nors can’t buy an election by spending to Brookings and the American Enterprise In- In Colorado and Montana, the resolutions benefit one candidate over another. They are stitute, outside groups spent $457 million to were sent to the electorate as ballot initia- rooted in the public’s disgust with political influence Senate and House races in 2012. In tives in 2012. In both states—one a tossup in corruption. Yet the court’s rulings indicate the 1978 election, when Senator Simpson was presidential elections, the other solid red— we are headed back to that pre-Watergate first elected, outside groups spent only more than 70 percent of voters approved the era of corruption. We were troubled that $303,000. There is a deeply troubling trend resolutions. In both states, the amendment Chief Justice Roberts wrote in the here, and we cannot let it continue. outpolled both President Barack Obama, the McCutcheon decision that quid pro quo cor- Amending the Constitution is difficult—as victor in Colorado, and Mitt Romney, who ruption—bribery—is the only sufficient jus- it should be—but it is long past time to have won Montana. tification for Congress to pass regulations. an honest and thoughtful national dialogue Mr. WHITEHOUSE. Madam Presi- As a result, we are likely to see new chal- about our broken electoral process and how dent, may I ask that at the conclusion lenges against laws that limit the amount an we voters can fix it. of Senator WALSH’s remarks I be recog- individual may contribute to a candidate, or laws prohibiting contributions to candidates [From the Huffington Post, Sept. 8, 2014] nized? The PRESIDING OFFICER. Without from corporations. The largest corporations IS WASHINGTON THE ONLY PLACE WHERE objection. are multi-national organizations worth hun- CAMPAIGN FINANCE ISAPARTISAN ISSUE? The Senator from Montana. dreds of billions of dollars and the Supreme (By Paul Blumenthal) Court is leaving us with no way to set rea- Mr. WALSH. I rise to speak in sup- WASHINGTON.—The Senate voted Monday sonable standards. port of S.J. Res. 19, a constitutional to debate a constitutional amendment over- McCutcheon is the most recent case, but amendment that would give both there is a history of the court narrowly over- turning the Supreme Court’s 2010 Citizens United decision and allowing Congress and States and Congress the power to undo turning reasonable campaign finance laws. the damage caused by Citizens United In 2010, Citizens United v. FEC gave free the states to enhance limits on the amount speech rights to corporations and special in- of money raised and spent in elections. The and restore our Democratic traditions. terests. But this problem goes all the way proposed amendment is nearly universally Passing this amendment is vital if we back to 1976, when the court held in Buckley supported by Democrats and opposed by Re- are going to begin to roll back the co- v. Valeo that restricting independent cam- publicans. ercive influence of money in our de- paign expenditures violates the First Amend- Division over the role of money in politics, mocracy. Because of the Supreme ment right to free speech. In effect, the court however, is far less severe among the broader Court’s decision in Citizens United, po- said money and speech are the same thing. populace. In fact, the majority of Americans in both parties say they think there is too litical power has become increasingly This is tortured logic that leads to an un- concentrated in the hands of corpora- acceptable result—that a citizen’s access to much big money in politics and support the a constitutional right is dependent on his or rationale offered by amendment proponents tions and modern-day copper kings. In her net worth. A result that says the as a reason to amend the Constitution. fact, less than 1 percent of Americans wealthy get to shout, but the rest of you The amendment up for Senate debate provide over two-thirds of the money may only whisper. would roll back Supreme Court rulings on spent on elections. The voices of every- The constitutional amendment would campaign finance from the 1976 Buckley v. day Americans are simply being si- make it clear that campaign finance regula- Valeo decision that first applied First lenced. tions are up to voters who elect Congress and Amendment free speech protection to money In Montana we have seen firsthand raised and spent in elections. That decision state legislatures. It would not dictate any the damage to the process. Turn-of-the- specific policies or regulations, but instead allowed Congress to limit contributions, but would protect sensible and workable cam- held that spending limits were a burden on century mining companies made rich paign finance laws from constitutional chal- spenders’ free speech rights. off the copper seams in Butte, MT, my lenges. Americans appear to broadly disagree that hometown, bought up the State press Critics have claimed that the amendment money used in political campaigns should be and bought off the State legislature. In would repeal the First Amendment’s free protected by the First Amendment. response to these abuses, Montana speech protections. But it does the exact op- In February 2013, 55 percent of respondents to a HuffPost/YouGov poll said they did not banned corporate political spending by posite—the proposal is an effort to restore citizen initiative over 100 years ago. the First Amendment so that it applies consider ‘‘money given to political can- equally to all Americans. When a few billion- didates to be a form of free speech protected However, the recent Supreme Court’s aires can drown out the voices of millions of by the First Amendment to the Constitu- Citizens United decision overturned Americans, we can’t have any real political tion.’’ Just 23 percent agreed that campaign this century-old protection in an in- debate. contributions were a form of free speech. stant, silencing Montanans’ voices The amendment would not simply benefit That poll touches only on the issue of cam- with dark, secretive money and cor- one party or incumbent. It is similar to bi- paign contributions. The main issue sup- porate political spending. porters of the constitutional amendment partisan proposals introduced in nearly Montana’s experience with the Butte every Congress since 1983, when Republican have with the Buckley decision and subse- Sen. Ted Stevens (Alaska) was the lead spon- quent court rulings is the full free speech copper kings shows that corporate po- sor. Over the years, it has been supported by rights granted to campaign spending. litical spending, even if it is supposedly many Republicans, including Sens. John A Gallup poll taken in June 2013 found that independent, corrupts the political McCain (Ariz.), Thad Cochran (Miss.), Arlen 79 percent supported limiting both the process. We cannot let anonymous, un- Specter (Pa.), and Nancy Kassebaum (Kan.), amounts politicians can raise and the accountable corporate spending drown as well as many Democrats. amounts they can spend. This was supported out the voices of everyday Americans. In April, retired Supreme Court Justice at almost equal rates by Democrats, Repub- When the voices of individual voters John Paul Stevens said in his testimony be- licans and independents, and in every part of fore the Senate Rules Committee that cam- the country. become less relevant to politicians, paign finance regulations ‘‘should create a There also are a handful of polls commis- policy decisions are divorced from the level playing field . . . to give rival can- sioned by groups campaigning for the amend- folks they impact. didates—irrespective of their political party ment that asked more specific questions. In We simply cannot allow a dysfunc- and incumbency status—an equal oppor- one such poll, the reform group Public Cit- tional system of campaign finance to tunity to persuade citizens to vote for izen released findings in August showing 55 eliminate our government’s responsive- them.’’ Most Americans would agree with percent in support of a constitutional ness to its citizens or its ability to tax Justice Stevens. However, until the Con- amendment to overturn the Citizens United our most pressing issues. Montana’s stitution is amended, such laws would be decision. Support topped so percent for struck down by the current court. Democrats, Republicans and independents. history should be learned from, and it The national debate should not be dictated The divide between Republican voters and is our responsibility to ensure it never by a handful of wealthy individuals and cor- their representatives in Washington also can happens again.

VerDate Mar 15 2010 05:13 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.027 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5422 CONGRESSIONAL RECORD — SENATE September 9, 2014 That is why this amendment is so were not keeping him busy enough, he Well, on climate change we are fi- important to the American people. In managed to find the time to publish a nally leading the way thanks in large 2012 Montana voters overwhelmingly peer-reviewed article over the summer part to President Obama’s Climate Ac- directed the congressional delegation in the prestigious journal Nature on tion Plan and Secretary Kerry’s pas- to work to overturn Citizens United to the climatic conditions surrounding sionate efforts. Yet they criticize the get corporate money out of politics. I the origination of the Antarctic ice Obama administration’s leadership on have heard from thousands of Mon- cap. climate change because other coun- tanans that they want Congress to Aaron said this week as he left that tries, such as China and India, are also refocus on issues that are important to he gained a sense of humor working big carbon emitters. So Republicans them, to come together and to do our here, which is probably fitting for a want America to lead except on cli- jobs. Passing this amendment will help scientist having to deal with this body mate change. On this one issue they us do just that. in its present state. would prefer to await leadership from Thank you. I yield the floor. I gained the benefit of Aaron’s hard China or India. How convenient that is The PRESIDING OFFICER. The Sen- work and gracious spirit, and the Sen- when you think of all the polluter ator from Rhode Island. ate and the American people gained the money funding the Republicans and Mr. WHITEHOUSE. Madam Presi- benefit of Aaron’s passion for bringing how badly out of step with America. dent, before I given my ‘‘Time to Wake the best scientific thinking to address Just look at the numbers. A recent Up’’ speech, I want to react to some- our greatest challenges. Wall Street Journal poll showed—not- thing that was said on the Senate floor Aaron is now taking his talents to withstanding years of relentless pol- about this joint resolution to correct the Department of Energy, where he luter propaganda—that 61 percent of the error of Citizens United. What was will continue to help our government Americans agree that climate change said on the floor was that the position tackle these important questions. I am is occurring and that action should be of those of us who support this joint grateful for his service in my office and taken, and 67 percent of Americans resolution and who think Citizens wish him the best success. support the administration’s proposed United was wrongly decided, that our CLIMATE CHANGE rule to limit carbon pollution from position is an attack on the First The 113th Congress is now winding powerplants. Amendment, that we are attacking the down, an election is upon us that will Here is my personal favorite: A sur- First Amendment. That may have decide the makeup of the next Con- vey conducted for the League of Con- some rhetorical utility, but it is simply gress, and I am here for the 77th time servation Voters found that more than not accurate. to say it is time for my Republican col- half of young Republican voters—to be The very question we are here to an- leagues to wake up to the threat of cli- specific, 53 percent of Republicans swer is whether the First Amendment mate change both for the good of our under the age of 35—would describe a properly allows unlimited corporate country and our world and ultimately politician who denies climate change is spending. It never did. It never did for the good of their own party. No po- happening as ‘‘ignorant,’’ ‘‘out of until Citizens United came along. So litical party can long remain a credible touch,’’ or ‘‘crazy.’’ That is the young the question before this body is, Was force in our democracy if their position Republican view of the Republican po- Citizens United correctly decided? on one of the defining threats of our sition on climate change. To say we are attacking the First time is to deny its existence or to plead On September 21 thousands of con- Amendment is to presume that Citi- total ignorance about it. ‘‘I am not a cerned Americans will converge on New zens United was correctly decided. You scientist,’’ some have begun to say. York City for what will be known as don’t win an argument by presuming Well, when it comes to interfering with the People’s Climate March. Organizers you are right; you win an argument by women’s rights, they don’t say, ‘‘I am expect that as many as half a million making the case why you are right. people will take part in this historic Frankly, I have great reverence for not a gynecologist.’’ But when it is car- bon pollution, they say, ‘‘I am not a citizen action to call attention to the the First Amendment, and I think it is global crisis of climate change. extremely unfortunate that an argu- scientist.’’ Some would say that if you are not a scientist, all the more reason However you look at it, the Amer- ment would be made that is really ican people are sending a message loud nothing more than a rhetorical trick to listen to the scientists. Look at what the scientists are say- and clear: They want responsible lead- and does not respond to the gravamen ership on carbon pollution. What is the of the dispute, which is whether the ing today. The top person at the World Meteorological Organization, which Republican answer? Well, look at the First Amendment should protect un- House. Given control of the House, Re- limited corporate spending when in the knows a little bit about this area, just said: publicans have already forced over 100 history of this country—until the deci- votes to undermine the EPA. That is sion by Citizens United—it never had. We know without any doubt that our cli- mate is changing and our weather is becom- even more times than they have voted TRIBUTE TO AARON GOLDNER ing more extreme due to human activities to repeal ObamaCare. Before I continue, I wish to express such as the burning of fossil fuels. PAUL RYAN, the Republican chairman my gratitude to Dr. Aaron Goldner. He Here is the point: ‘‘I am not a sci- of the House Budget Committee, said has been instrumental in helping me entist’’ is not the stance of a party last week that the Republican strategy research and prepare the ‘‘Time to that is ready to lead; it is the stance of next year will be to send the President Wake Up’’ speeches, and his fellowship a party that is beholden to polluting bills they know he will veto, including in my office came to an end yesterday. interests, petrified of losing the mil- approval of the Keystone XL tar sands Aaron earned his Ph.D. in Earth, at- lions in polluter campaign spending crude pipeline, and thereby create mospheric, and planetary sciences at supporting their candidates. ‘‘shutdown by veto.’’ Purdue University. He came to my of- Over here in the Senate, our Repub- We have heard over and over during fice as an American member of the lican leader already threatens—if the the last 6 years that Republicans want Geophysical Union Congressional Republicans win the Senate—to force President Obama to lead. It is a famil- Science Fellow, whose research spe- onto key legislation what he called ‘‘a iar chorus: ‘‘It is time to lead.’’ ‘‘Where cialty was the development of sophisti- lot of restrictions on the activities of is the leadership?’’ ‘‘Why isn’t America cated models to help build greater un- the bureaucracy.’’ Gee, what agency leading?’’ derstanding of the past, present, and could he possibly mean? The threat is One of my Republican Senate col- future effects of carbon pollution on plain: Give the Republicans polluter- leagues put it this way: our climate. backed, anti-environment legislation He lent his considerable scientific ex- Every American can agree that the light of or they will shut down the government. pertise and analysis to these floor peace and liberty would benefit our world. But who will spread it if not America? There Again. This is the Republican version speeches. He also did research for legis- is no other Nation that can, and that is why, of leadership. lation and prepared for hearings in the despite the challenges we face here at home, What about out on the campaign Environment and Public Works Com- America must continue to hold this torch. trail? Republicans in Congress ignore mittee. Since we apparently somehow America must continue to lead the way. the public’s call for climate action, but

VerDate Mar 15 2010 04:21 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.086 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5423 are Republican candidates out there the polluter political lifeline to the Re- out. But no matter how much money listening to the people or are they lis- publican Party. the polluters pour into the Republican tening to the polluters led by the infa- A lot of blame here attaches to the Party, even a Republican Senate can- mous Koch brothers? Look at how Republicans’ confederates on the Su- not repeal the laws of science—of phys- much money the polluters are spending preme Court—the five Republican-ap- ics, of chemistry, of oceanography. on Republicans and take a wild guess. pointed Justices who kicked open the If they win the Senate, it is not just News flash: They are not listening to floodgates of corporate special interest going to be time for them to wake up, the people. spending for Republicans in the disas- it is going to be time for them to grow The Republican nominee for Senate trous Citizens United decision in Janu- up. Being in the majority means re- in Iowa has said of climate change: ary of 2010. With Citizens United in sponsibility, not just obstruction and ‘‘I’m skeptical. It’s been changing since their pocket, the polluters went right mischief. Being in the majority means the dawn of time. I’m not going to to work. answering your country and the world, blame it . . . on the human race.’’ By the 2012 election cycle, the Wash- not just your polluter funding base. In New Hampshire the leading Repub- ington Post and the Center for Respon- Being in the majority means hearing lican Senate candidate recently said sive Politics determined that a donor the vast majority of Americans who that he does not believe manmade cli- network organized by the Koch broth- want U.S. leadership on climate mate change has been scientifically ers spent $400 million to influence that change, not telling voters the problem proven. Never mind that the under- election. This graphic shows the com- doesn’t exist or that America should lying science was first measured back plex apparatus the Koch brothers used abdicate any responsibility for forging when Abraham Lincoln was President. to pull those political strings. an international solution. In North Carolina the Republican In the 2014 election cycle, the govern- Our Republican colleagues will dis- nominee has referred to climate change ment accountability group Common cover, if they don’t know it already— as ‘‘false science.’’ Cause has tallied over $34 million in po- and many do know it already—that Well, in the last year I visited Iowa litical donations already from 30 of the former Senator and Secretary of State and New Hampshire and North Caro- country’s largest oil, gas, coal, and Hillary Clinton was right when she re- lina, and I saw firsthand how climate utility corporations. That does not in- cently called climate change the ‘‘most change is already affecting those clude the dark money fossil fuel cor- consequential, urgent, sweeping collec- States. I heard over and over deep con- porations have given to political tion of challenges we face as a nation cern about climate change. I heard groups which do not disclose their do- and a world.’’ about cold-weather sports and tourism nors—groups such as the American Pe- Secretary Clinton went on to say: threatened by warming temperatures troleum Institute, the U.S. Chamber of The data is unforgiving no matter what in New Hampshire. I heard about crops Commerce, the Koch brothers own so- the deniers try to assert. . . . If we come to- gether to make the hard choices, the smart threatened by shifting weather pat- called Americans for Prosperity orga- investment in infrastructure, technology and terns and about how a booming wind nization, or the secretive identity- environmental protection, America can be power industry has emerged in Iowa. In laundering machine known as the Do- the clean energy superpower of the 21st cen- North Carolina I heard about homes nors Trust. We don’t know how much tury. . . . This is about our strategic posi- and businesses and even air bases these groups have actually raised or tion in the world, this is about our competi- threatened by rising seas. spent on election activities, but the tiveness, our job creation, our economic If you doubt me, go to the State uni- Koch network is expected to spend growth as well as dealing with a challenge versities in Iowa and New Hampshire that we ignore at our detriment and our nearly $300 million on the 2014 midterm peril. and North Carolina. They are not deny- elections. ing it. They are actively working on The Center for Public Integrity re- So the choice for Republicans stands before them: America as a clean energy and warning about climate change. ported last week that the Koch broth- superpower, leading the world, or Iowa State has an entire climate ers are sponsoring 10 percent of all ads America bedeviled with polluter-fueled science program and wants to be a in competitive Senate races. That is political gridlock and climate denial. ‘‘leader in the science of regional cli- more than 43,900 Senate ads between Their choice so far is obvious. mate change.’’ The University of New January 2013 and last month. Ameri- I yield the floor. Hampshire scientists told me about the cans for Prosperity alone—that Koch The PRESIDING OFFICER. The Sen- danger to New Hampshire’s iconic brothers organization—sponsored 27,000 ator from Kansas. moose from tick infestations because ads. That is one in every 16 ads in all Mr. ROBERTS. Madam President, I of climate change. Researchers from Senate races this cycle. And, of course, wish to return to the discussion of the the University of North Carolina, Duke those polluter-funded ads make up way constitutional amendment to restrict University, and North Carolina State more than 10 percent of just the Repub- speech. I made considerable comments took me out on a research vessel to see lican ads. Why is that? Because the yesterday, and there are some other firsthand the effects of climate change focus of this apparatus is on Repub- comments I feel should be said about on North Carolina’s shoreline. The licans, on buying and co-opting the Re- this—probably a dozen or more things. home State universities are clear; it is publican Party as the polluters’ polit- However, I wish to return to that dis- just the polluter-funded candidates ical instrument. cussion. who are denying. The numbers are staggering. Let’s be We have heard a lot in this debate It is the same story across the coun- clear about one thing: Their intention about commercials. Everybody is con- try. Republicans running for the Sen- is not to add to constructive debate on cerned about commercials—those 30- ate, from Alaska to Georgia, from Col- carbon pollution and climate change. second ads that are driving everybody orado to West Virginia, question or The polluters are determined to silence crazy, that everyone wants taken off outright deny the established climate meaningful debate on the catastrophic the air, and that we want to regulate science. Figure it out. Do the math. effects of their carbon pollution, and it and restrict and punish. We don’t like There is overwhelming consensus is working. There was a lot of Repub- them. No one likes them. We want to among knowledgeable scientists that lican activity on climate change until make them go away. climate change is real and being caused January of 2010 when Citizens United Well, let’s forget about the commer- by humans. Denying that fact serves was brought down. And after that, we cials for just a second. Let’s talk about the economic interest of a narrow can’t find carbon pollution activity on the show. Does anybody watch the group of big-spending polluters, and the Republican side. They have been show? It sometimes seems as though the polluters are spending vast for- buried in the threats and the promises the only thing on TV that my col- tunes to support climate deniers. of that polluter funding. leagues care about are the commercials Senate Republican candidates even Well, climate denial may work for about themselves. But there actually attended a secret retreat organized by Republicans in the short run if it keeps are other things on TV. There are ac- the Koch brothers earlier this year and wide open that spigot of polluter tual programs that fill up the time be- praised the Kochs’ political network money that is funding Republican can- tween the commercials. Let’s talk for helping to support their campaign— didates. We will see how that works about those.

VerDate Mar 15 2010 04:21 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.088 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5424 CONGRESSIONAL RECORD — SENATE September 9, 2014 There is, of course, all sorts of pro- My colleagues do not have much to just because we don’t like what they gramming on television: sports, mov- worry about when it comes to program- are saying. ies, sitcoms, reality shows. Pretty ming about Hillary Clinton. I don’t Elections can’t be bought. Voters much everything—and I mean every- think they need to worry about the will decide who wins them. They will thing—is on TV now. show. They know there are a small make that decision based on what they There are a lot of politics on TV. The number of conservative film makers think of the candidates, and what they politics come in a range of formats. It who will attack her and whatever they think will be based on what they see comes unvarnished on C–SPAN. It is produce is unlikely to reach a wide au- and hear of the candidates. Then they delivered through news and com- dience. will vote. When they do so, their vote mentary on cable channels. It is sati- On the other hand, there is a huge will be equal to that of every other cit- rized and made fun of on the late night multitude of liberal film producers, di- izen. It doesn’t matter how rich they shows. It appears in documentaries and rectors, and writers who like—if not are or what they do for a living or feature films. love—Hillary Clinton and want to see whether they even have their own TV The Citizens United case itself was her get elected to the Presidency, and show or never even watch TV. Every the result of a political film—a film they will do whatever they can to help citizen gets one vote. about Hillary Clinton. During the liti- her achieve that goal. As they make their decision about gation there were arguments over Secretary Clinton’s recent book tour how we are going to cast it, we need to whether the film and its advertise- provided a good preview of the kind of make sure they are able to hear all ments could be treated as ‘‘election- programming we can expect to see voices. That is what the First Amend- eering communications’’ and, there- more of should she decide to run for ment does. It ensures that all voices fore, regulated and restricted by cam- President. And luckily for her, there have the right to be heard, and we paign finance laws. In rendering its de- are plenty of television personalities don’t need to change it to make that cision, the Court properly saw, in my who will help her sell herself to Ameri- happen. view, the film for what it was: An en- cans, not just her book. Those who are pushing this constitu- couragement for people to vote against For example, one recent appearance tional amendment don’t want more Hillary Clinton. This is what the Court on the Stephen Colbert show was clear- voices to be heard, they want less. said in its holding: The movie, in es- ly designed to soften her image. In an There should never be any confusion sence, is a feature-length negative ad- extended segment that could be seen as about the intent of this constitutional vertisement that urges viewers to vote either amusing or nauseating, depend- amendment. It is to allow this major- against then-Senator Clinton for Presi- ing on your perspective, Colbert con- ity to pass laws that will silence their dent. In light of this historical footage, ducted a phony interview designed to opponents and ignores all the pious interviews with persons critical of her, show his viewers how smart and funny claims about the grand intent to recog- and voiceover narration, the film Hillary Clinton is. nize it for what it is—a cynical at- would be understood by most viewers Of course, Colbert can do whatever he tempt to protect themselves from criti- as an extended criticism of the Sen- wants with his show. No one questions cism. ator’s character and her fitness for the that. But it should be obvious that the Don’t be fooled. Office of the Presidency. The narrative show amounts to a corporate-financed The PRESIDING OFFICER. The Sen- may contain more suggestions and ar- and political expenditure. Everything ator from Ohio. guments than facts, but there is little on the show—the studio, the host, the Mr. BROWN. Madam President, one doubt that the thesis of the film is that equipment, the writers, the director, man, one woman, one American, one she is unfit for the Presidency. the cameraman—everything is paid for vote—that is what the writers of our Then the Court went on to say: by a corporation. Is there anyone in Constitution put in the Constitution— The narrator reminds viewers that Ameri- the Chamber who thinks that a cor- not one corporation, one vote. cans have never been keen on dynasties and poration doesn’t have the right to do What I hear on the Senate floor that a vote for Hillary is a vote to continue that? Of course not. They like the today and yesterday from those can- 20 years of a Bush or a Clinton in the White show. And those on the other side know didates who seem to rely on corporate House. they can expect all sorts of similar pro- money, who are the beneficiaries of a Then the Court found this: gramming in the months and years showering of—not thousands, not tens There is no reasonable interpretation of ahead. That doesn’t bother them. of thousands, not hundreds of thou- Hillary other than as an appeal to vote But the commercials are a different sands, not millions—tens of millions of against Senator Clinton. The film qualifies story. What if someone wanted to buy dollars, candidates who benefit from as the functional equivalent of express advo- a 30-second ad during the show to the showering of tens of millions of cacy. present an alternative perspective. dollars for their campaigns, what they Having made that determination, the Well, we can’t have that, can we? That are saying on this Senate floor is al- question then becomes, Should the gov- would be intolerable. It would present most laughable. ernment be able to prevent it from a threat to our democracy. We have to It would be laughable if it weren’t so being seen? The court held the answer amend the Constitution to prevent serious. It would be laughable if it to that question was no and struck that. The absurdity is evident. didn’t contribute to the corruption of down as unconstitutional the laws that My colleagues on the other side of this institution, of this government of would prevent or constrain the dis- the aisle think our First Amendment which we are so proud—‘‘of the people, tribution of the film. allows one sort of programming to by the people, for the people’’—one My colleagues on the other side want have unrestricted and unhindered ac- man, one American, one vote. those laws to be put back in place. cess to the media, while other sorts With Citizens United, with They believe the government should be must be limited and constrained. I sub- McCutcheon the Supreme Court has ef- able to control the content, the financ- mit that is preposterous. fectively ruled the more money you ing, the distribution of films that ref- In our system of government, all have, the more influence you have over erence candidates for office, and they voices have the right to be heard. The our democracy. are pushing this constitutional amend- First Amendment gives them that When what I hear from the other ment to make that possible. right. There is so much nonsense in side—again, those who are the bene- Now, we can expect there will be a this debate about buying elections and ficiaries of the millions, of the tens of lot more about Hillary Clinton on TV drowning out voices. We have a system millions of corporate dollars, often over the next couple of years. Some of that allows all voices to be heard, even Wall Street, often oil companies, often it will be favorable and some of it will those that oppose the majority. That is big drug companies, often big tobacco be unfavorable. Thanks to the Citizens not the antithetical to democracy; it is companies—when they come to the United decision, the government won’t the essence of democracy. floor and plead, they are pleading in be able to control what is said about So it is time, it seems to me, to stop many ways that the supporters of this her or any other potential candidate pretending that allowing more voices constitutional amendment are restrict- for the presidency—either party. to be heard somehow poses a danger ing the right to free speech. I agree.

VerDate Mar 15 2010 05:13 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.089 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5425 Whether it is the Koch brothers, about: Well, we lost in Congress. They spending: one man, one woman, one whether it is the Big Tobacco execu- actually passed a bill that Wall Street American. tives, they should get one vote. wasn’t wild about. They actually This amendment grants Congress the But when they can spend millions passed a bill that the largest financial authority to regulate and limit the and millions of dollars and shower institutions were not particularly raising and spending of money. We are some of my colleagues with this kind happy about, but they knew they could not shutting anybody off. Anybody can of corporate money to get their way, use their lobbying, and they have thou- still give fairly significant amounts of we know what is happening in this sands of lobbyists in this town. money. But we do know—do the math. country. We know for the richest 1 per- They have a number of lobbyists for After the McCutcheon decision, donors cent of this country incomes have every Member of Congress. They knew can now contribute up to $3.6 million grown and grown, gone up and up. they could use their lobbying force. an election cycle. We know for the broad middle, for They knew they could use the politi- I don’t know for sure, because I have the bottom 90 percent, for the middle, cians they had—I won’t say people here not met most of the 300 million people for the great majority of people in this were bought, but you might suggest in our country, but I don’t think there country, their wages have been flat. they are on a long-term lease in some are all that many that have the where- No, they have actually been worse than cases. They were suggesting just the withal financially to contribute $3.6 flat over the past 20 years. threat of spending money. million. But I also know—because my The wealthy are getting extraor- So if you cast a vote in this institu- staff did the math on this one, I ac- dinarily wealthy, extraordinarily tion next week, let’s say, on a con- knowledge—the average person making wealthier. The middle class, even sort troversial issue, we know a couple of minimum wage at $7.25 an hour—and, of the upper middle class—let alone things. You know you should do the parenthetically, the same people who those who are making minimum wage right thing. You know what your con- love McCutcheon love the millions of or making $15 an hour, their wages stituents back in Florida, Massachu- dollars spent, showered on us from have been stagnant or worse. setts or Ohio are saying, but you also Wall Street or against us from Wall One reason for that is—the Presiding know one other thing. You know if you Street, from Big Tobacco or from Big Officer from Massachusetts has spoken cast a vote that Wall Street might not Oil. Those same people are stopping the out about this nationally over and over like, if you cast a vote that Big To- minimum wage from being increased. again—one of the reasons wages have bacco might not like, if you cast a vote The minimum wage is at its lowest been flat in this country—and the rich that oil companies may not like, do level in buying power since 1968. It has are getting richer and richer—is the you know what is going to happen? been stuck at $7.25 an hour. corruption of Big Money in our polit- What is in your mind if they come to Back in the era of bipartisanship on ical system. minimum wage—we actually passed I know how it works. In my race for your State in the next election and one in 2007, my first year in the Senate, reelection in 2012—and I am not com- spend $10 million or $20 million or $30 signed by Republican President Bush. plaining about this. As my wife’s book million or $40 million. Those days seem to be past. publisher said: No whining on the I had $40 million spent against me be- Think about the math. At $7.25 an yacht. If you get to be in the Senate, cause I don’t do what Wall Street hour, people are allowed to give $3.6 don’t complain. But I also understand wants. I don’t do what tobacco wants. I million under the McCutcheon deci- when they spent $42 million against me don’t do what the oil industry wants. sion—pushed by corporations and hand- in my campaign—I am a big boy, I can Of course, they are going to come after take it—it was oil money, it was to- me. ed down by the Supreme Court—that bacco money, it was mostly out-of- They fell short in 2012—not by much says corporations are people too, more State money. It was money from some but they fell short. But we know they or less. For a minimum wage worker, it of the richest people in the United will do it again. We know every time States of America. we cast a vote they are keeping a would take 239 years, working full What did they want? They didn’t dis- scorecard and saying: Well, we like time, making $7.25 an hour, to make like me personally, I assume. Maybe what that Senator did, we will help $3.6 million. And then they would have they did. I don’t really care. But what him or her—usually him in that case. to give it all away in that election it was really about is they wanted— We don’t like what she did, we don’t cycle to be able to compete with the oil whether the person came from Troy, like what he did, so we may be looking companies, the drug companies, and OH, or Troy, MI, or Troy, NY—a politi- out to spend that kind of money. One Big Tobacco and Wall Street. cian in office from Ohio, as they want- man, one woman, one American, one This is very clear. We can change it. ed in Massachusetts, as they want this vote—not one corporation, one vote. Again, back to the arguments on the year in New Hampshire, as they want Fortune 500 companies straddle the other side. They are laughable at this year in Arkansas, as they want globe. They reap millions of dollars of home. I don’t think I know anybody this year in Kansas, as they want this profits. American corporations are at who thinks it is OK that we are allow- year in North Carolina, in Louisiana, their most profitable time perhaps in ing somebody to come in and spend— Alaska, and Colorado—they want a lap their history sitting on tens, hundreds except for colleagues whom I like. dog. They want somebody who will go of millions of dollars in profit. Most of the people on the other side of to the well and vote with Big Tobacco, It doesn’t take a Ph.D. in math to this issue, I like them personally, but I go to the well and vote for Wall Street, understand they spent a small, small, don’t know very many people, unless and go to the well and vote for oil com- microfraction of the money they are they are in Washington, unless they panies. making to protect those profits. have a stake in this system—I don’t That is what they will get if we con- How do they do it? They come to know people who think it is a great tinue this corrupt way of campaign fi- Ohio, they come to Massachusetts, idea to let people spend $3.6 million. nancing. they come to Florida, they come any- They are not spending it out of their The Presiding Officer remembers— where in the country and they spend charitable whims. They are spending it after we passed the Dodd-Frank legisla- millions. They spend tens of millions because they want their people, their tion in this Congress 4 years ago and to protect themselves on behalf of Wall water boys, their water girls for the when she was working to establish a Street, on behalf of Big Oil, on behalf drug companies, the water boys and consumer protection agency—after the of these big tobacco companies. It is all the water girls for Wall Street, the vote on Dodd-Frank, do we remember pretty simple: one man, one woman, water boys and the water girls for Big what the leading financial services lob- one American, one vote. Tobacco, they want those people elect- byist in this town said? The President Citizens United and McCutcheon ed, not people who will stand up to signed the bill—within an hour or two, make clear there is now an entry fee those interest groups and do the right or at least the same day—and the lob- for participating in our democracy. thing. byist said: Well, folks, it is half-time. That is why I support the constitu- To restore voters’ faith in the polit- What did that mean? He wasn’t talk- tional amendment proposed by Senator ical system, to ensure voters that their ing about the NFL. He was talking UDALL that curbs unlimited campaign voices are being heard, one man, one

VerDate Mar 15 2010 04:21 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.091 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5426 CONGRESSIONAL RECORD — SENATE September 9, 2014 woman, one American, one vote, that [From The Valley News, Aug. 3, 2014] took part in a federal herd buy-out program, is what we stand for. Those are our val- A CENTURY OF FARMING IN NORWICH: FAMILY selling their dairy cows. Both are officially ues. That is why this is an important MEMBERS FLOCK FROM AROUND THE WORLD retired—Jay was a mail carrier in Norwich, issue. TO MARK ANNIVERSARY and Deb, a physical therapist, worked at the (By Aimee Caruso) VA. But their work on the farm didn’t end. I yield the floor. Deb keeps up the grounds, including the veg- NORWICH.—A Norwich family marked 100 The PRESIDING OFFICER. The Sen- etable, herb and flower gardens. Jay runs a ator from Ohio. years of farm life yesterday with hayrides, games and dinner, photographs, storytelling composting business and makes hay—he puts Mr. BROWN. Madam President, I and socializing. up and sells about 14,000 bales a year, their thank the Senator from Florida for al- Meeting House Farm, owned by Jay and main income. They also depend on the lowing me to do this before his final re- Deb Van Arman, has been in the family for state’s current use plan to reduce taxes, he marks of the evening. a century, and the trend is set to continue said. ‘‘If it wasn’t for current use, we into the future. wouldn’t be here.’’ Theirs is one of eight farms featured in Cy- f Yesterday, however, was all about cele- brating the crop of longtime friendships and cles of Change: Farming in Norwich, now on family bonds the Union Village Road farm display at the historical society. The exhibit, MORNING BUSINESS has produced over the decades. Wearing comprising photographs, video, oral histories Mr. BROWN. Madam President, I ask name tags, people of all ages mingled yester- and text, will run through next spring. day, snacking and sharing memories. Milling Farming has seen big changes over the unanimous consent that the Senate past several decades, and rolling with the proceed to a period of morning busi- near a table laden with pies, candy-studded cookies and other goodies, they described the times has taken perseverance, financial in- ness, with Senators permitted to speak farm as a warm and lively place. vestments and plenty of hard work. New fed- therein for up to 10 minutes each. Jeff Bradley, who grew up just down the eral regulations in the mid 1900s meant ex- The PRESIDING OFFICER. Without road, was in 4–H with the Van Armans’ chil- pensive upgrades for dairy farms, Hoggson objection, it is so ordered. dren and spent many days on the farm, toss- said. ‘‘A lot of small farmers couldn’t adjust ing hay bales and collecting sap for maple to those changes, so they had to close up f syrup. He longingly recalled the yeast shop.’’ doughnuts and dill pickles, both of which She called the fact that the same family has owned Meeting House Farm for a cen- MEETING HOUSE FARM were eaten dipped in maple syrup, made by Deb’s late mother, Janet. And he remem- tury ‘‘extraordinary.’’ CENTENNIAL bered something else that left a big impres- ‘‘Keeping that land together has been real- Mr. LEAHY. Madam President, sion on him. ly, really important to the whole family,’’ Vermont has always been a farming ‘‘No matter what, you stopped by and they she said. ‘‘It’s very unusual, I think, and a real credit to them as individuals and to State, and it is the dairy, livestock, had time for you,’’ said Bradley, who now lives in Massachusetts with his family. their commitment to the land, the impor- vegetable, and fruit farms to which we ‘‘Time for a story, time to sit down and have tance of family, and place that they have owe thanks for the open pastures and coffee.’’ been able to do this.’’ spectacular vistas that Vermonters and People have always dropped in and visited Yesterday’s event was, in part, a tribute to all those who visit our State cherish. the farm, said Deb Van Arman, seated under that effort. None is more beautiful than Meeting a large white tent set up for the occasion. ‘‘We wanted to celebrate all the happiness House Farm in Norwich, owned by Deb ‘‘It’s been important to encourage that so we (the farm) has brought and all the hard work my parents have done through thick and and Jay Van Arman. The farm, located have a sense of community. We have that, and we’re very grateful.’’ thin,’’ said daughter Emily Myers. ‘‘It’s not on a hill outside of the village, with an Yesterday’s gathering, months in the mak- easy, having a lot of property. . . . It can be expansive view down the beautiful Con- ing, drew about 240 people from across the very expensive, especially with taxes, and necticut River Valley, has been in the country and beyond, including 26 of 27 first they have been able to make it work.’’ family since Deb’s and her brother cousins. The 27th wanted to come, but As with most farm kids, summers and the David Pierce’s grandparents arrived in couldn’t make it because his wife was sick, hours after school found the Van Arman a Sears, Roebuck & Company wagon Deb Van Arman explained. children tending to chores. Growing up on from Quechee in 1914. The Van Armans’ children and their fami- the farm has had a lasting impact on them, lies came in from New York state, Chile and Myers said. ‘‘It gave us great morals, great On Saturday, August 2, Deb, Jay and Holland. One family friend came from Tai- values and always a sense of home.’’ David hosted a centennial reunion for a pei, Taiwan; others made the trip from Ham- On display yesterday was the Sears and grateful crowd of family and friends burg, Germany. In addition to relatives, the Roebuck wagon Deb’s grandparents bought who came from as far as California, group included people who had worked on to travel to the farm with their young chil- Holland and South America. The re- the farm, neighbors, and former neighbors, dren. The family had hitched their cows to union was a celebration of farming, ‘‘people who have helped us over the years,’’ the wagon, and on the way, one gave birth on family, and community for those who Deb said, choking up. ‘‘It’s just great.’’ Christian Street. Her father retrieved the Some spent the night on the farm; others calf the following day. Their move from grew up on or visited the farm over the bunked with neighbors who had opened their Quechee to the farm, made in mud season, years. They shared stories of haying houses for the occasion and provided food was quite a journey, Deb Van Arman said. and collecting maple sap with Deb and and beer, said the Van Armans’ son, Tom. Within the next few years, a similar, if David’s father ‘‘Bub,’’ riding the trac- ‘‘It’s like Airbnb on steroids.’’ much more modern, trek will take place, as tor and collecting eggs, and sitting The 116-acre farm, established in the 1780s, the Van Armans’ daughters, Kate and Emily, around the kitchen table sharing one of is thought to be the town’s oldest working plan to return to the farm with their fami- their mother Janet’s bountiful meals. farm. It’s named for the timbers in the origi- lies. nal barn. When Norwich’s first meeting ‘‘The only thing I ever knew was this Janet ran a day care at the farm for house was torn down, the farm’s owner, Con- farm,’’ Deb Van Arman said. Knowing her local children and later became Nor- stant Murdock, bought the beams for his children will carry on the tradition ‘‘is very wich’s beloved town clerk. barn, said Nancy Hoggson, president of the special.’’ The dairy herd was sold in the 1980s, Norwich Historical Society. Initially a sub- f but the haying goes on. There are goats sistence farm, it would eventually grow into and Deb’s big vegetable garden, and a dairy business. VIOLENCE AGAINST WOMEN ACT half a dozen Holstein cows from an- Deb Van Arman’s grandparents, Charles 20TH ANNIVERSARY other farm graze the hillside. Meeting and Lucy Pierce, bought the property in 1913 Ms. MIKULSKI. Madam President, and moved there from a small farm in House Farm represents the best of Quechee. The Pierces’ son, Charles ‘‘Bub’’ today we commemorate the 20th anni- Vermont, and we owe a debt of grati- Pierce, and his wife, Janet, lived with them versary of the Violence Against Women tude to the Pierce-Van Arman family on the farm, where Janet ran a day care and Act, a landmark piece of legislation for keeping it a farm all these years. Bub farmed until he became ill in 1970, the that continues to improve the lives of I ask unanimous consent that an ar- same year the Van Armans married. Bub millions of women, their families, and ticle about the centennial on the front died the following year, and Janet farmed the communities that support them. I page of the August 3rd Valley News be with the neighbors’ help until later in 1971, was proud to cosponsor this legislation when Jay took over. They expanded their printed in the RECORD. when it was originally enacted in 1994, herd and carried on with the dairy business There being no objection, the mate- until 1986. led by then-Senator, now-Vice Presi- rial was ordered to be printed in the With three children to put through college, dent BIDEN. And I was proud to fight RECORD, as follows: a farmer’s pay wouldn’t cut it, so the couple for its reauthorizations in 2000, 2005,

VerDate Mar 15 2010 05:13 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.092 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5427 and 2013, each time refining and build- ations at the outset to link up local po- School, East Junior High, and Kelly ing upon the great work that VAWA lice with domestic violence profes- Walsh High School. His uncle, Jack does each day. sionals to provide wrap around services Sullivan, put Joe to work on the fam- This legislation stands today as an as and empowerment to get victims out of ily’s ranch in Wyoming’s Shirley an example of what we are really called harm’s way and reduce homicides. This Basin. Joe collected his first paycheck here to do—meeting people’s day-to- was made possible because of VAWA when he was in the third grade and has day needs. That means protecting peo- which provided the Federal funding to continued to work hard ever since. As ple, making their lives better, and pro- make this a reality. a young man he worked as an oil pump- viding vital resources to those in need. As chair of the appropriations sub- er for McMurry Oil Company. The No woman in this country should live committee that funds the Justice De- McMurry’s could always count on Joe in fear that her partner will hurt or partment, I have secured funding for to get the job done. Joe stayed with kill her or her kids. I have zero toler- the Violence Against Women Act pro- the company through the 1990s as they ance for domestic violence. If you are grams at the highest levels ever. These discovered and developed the Jonah beaten and abused, you should have programs ensure tougher penalties for Field. Following his long career with somewhere to turn for help and a path abusers, coordinated assistance with McMurry Oil, he used his tenacity and to recovery. community organizations, and court entrepreneurial spirit to found energy VAWA is crucial in all of our commu- advocates for abused women to boost ventures, including a water treatment nities. Every day VAWA is providing reporting and prosecution. company and a mud motor company. services to families in desperate need. I In the fiscal year 2015 CJS spending The Boys and Girls Clubs of Central hear from my constituents far too bill I provided a robust $430 million for Wyoming are grateful for Joe Scott’s often about the challenges they are Violence Against Women grants, con- contributions to their critically impor- facing, often involving significant eco- tinuing a strong commitment to tant mission. The club offers programs nomic struggles only to be complicated VAWA programs. I also provide strong and services that promote and enhance by deep emotional pain and fear. investments in core VAWA programs the development of our youth. Their Here are the statistics: 1 in 4 women including: $195 million for STOP for- activities provide the youth with a will be victims of domestic violence. 16 mula grants, which coordinates com- sense of competence, usefulness and be- million children are exposed to domes- munity response to domestic violence longing. tic violence every day. And over 2 mil- and also trains police, prosecutors and My wife Bobbi joins me in extending lion will be victims themselves of phys- judicial staff; $30 million for sexual as- our congratulations to Joe and thank- ical or sexual violence each year. 20,000 sault services that direct services for ing him for his dedication to Wyoming of these cases are in my own State of victims of rape; $26 million for transi- and its youth. He is the perfect exam- Maryland. Since we created the legisla- tional housing grants so victims have ple of a citizen who has truly paid back to his community. tion in 1994, the national hotline has safe and affordable housing after shel- received millions of calls. Millions of ters; and $50 million for Grants to En- f women felt in danger and had the courage Arrests, which teaches police ADDITIONAL STATEMENTS chance of being rescued. and prosecutors how to support victims In my own State of Maryland VAWA and ensure offender accountability. is making recovery possible for victims So today, as we mark 20 years of TRIBUTE TO COLONEL STEPHANIE by finding them legal help to separate VAWA, we reflect on what it has done A. HOLCOMBE from their abusers. They are also get- for families across our country and ∑ Mr. INHOFE. Madam President, I ting vital services at rape crisis centers women in desperate need. But we also wish to recognize Oklahoma resident and navigating our immigration sys- reflect with the renewed knowledge Col. Stephanie A. Holcombe of the tem to ensure protection. that the programs that have been in Joint Improvised Explosive Device De- Through the years I have heard from place are reducing domestic violence feat Organization, or JIEDDO, who will too many Marylanders about their and improving outcomes. If it is any- retire from the U.S. Air Force on Janu- struggles. Fortunately, VAWA pro- thing that the last 20 years have shown ary 1, 2015, after 25 years of distin- grams existed to help them. I heard us, it is that VAWA works. I am proud guished service. Col. Holcombe signifi- from one of my constituents, Jean on of it and am so happy to mark this im- cantly impacted the global fight the Eastern Shore of Maryland. Jean portant milestone. against improvised explosive devices was married to her husband for 10 years f during her final tour of duty as and shared 2 children. She benefited JIEDDO’s chief of public affairs. She from VAWA’s Legal Assistance for Vic- VOTE EXPLANATION directly contributed to creating a glob- tims Grant after being abused so bru- Mr. SCHATZ. Madam President, I al awareness about the IED threat; and tally one evening. Jean called the hot- was absent on July 28, 2014, and missed helped inform and educate people line and got the legal assistance to file the opportunity to vote on the con- about JIEDDO’s work to reduce the ef- for a protective order, which she ulti- firmation of Ms. Pamela Harris to be fectiveness of IEDs and eliminate the mately was awarded and is now living U.S. Circuit Judge for the Fourth Cir- enemy networks that seek to use these her life safely with her children. cuit, Vote No. 242. devices to harm our troops. I also heard from Danielle. Danielle I wish to state for the record my sup- Col. Holcombe is a distinguished was sexually assaulted at the age of 19 port for Ms. Harris’s nomination, and graduate of Oklahoma State Univer- by an associate that she knew. She was that I would have voted aye on Ms. sity’s Reserve Officers’ Training Corps aided by VAWA’s Sexual Assault Serv- Harris’s nomination. in Stillwater, OK, class of 1989, with a ices program when she made the con- f degree in photo journalism. She also nection with the rape crisis center a achieved two master’s degrees from the RECOGNIZING JOE SCOTT few days after her attack. Danielle got University of Florida and the National the support she needed at the crisis Mr. BARRASSO. Madam President, War College. center. She received personalized safe- on September 16, the Boys and Girls During her 25-year long career as a ty planning and counseling and was Club of Central Wyoming will celebrate public affairs officer, she held assign- provided a lawyer to help her get a their 16th Annual Awards and Recogni- ments with Air Combat Command, Air peace order. tion Breakfast. During the event, they Mobility Command, Air Force Material I also hear from law enforcement in will honor a member of the community Command, Air Force Special Oper- Maryland who say VAWA is helping who has significantly contributed to ations Command and on the Head- them make communities safer. The the Boys and Girls Club. I am delighted quarters Air Staff. In 2004, she deployed Lethality Assessment Program, pio- that this year’s honoree is Joe Scott, a to Baghdad where she worked with the neered in Maryland and now a model Casper, Wyoming-native, entrepreneur, U.S. Embassy and conducted oper- for the Nation, was strengthened in the and philanthropist. ations for Multi-National Forces—Iraq. last VAWA reauthorization. The pro- Joe was born and raised in Casper. He Col. Holcombe earned numerous gram is used to identify high risk situ- attended St. Anthony’s Catholic awards and decorations including the

VerDate Mar 15 2010 04:21 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.038 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5428 CONGRESSIONAL RECORD — SENATE September 9, 2014 Defense Meritorious Service Medal, the vision, based in Fort Hood, TX and de- Born October 21, 1976, David was a Meritorious Service Medal, the Joint ployed for his second tour to Iraq in 1994 graduate of Ridgewood Prep Service Commendation Medal, the Air October 2006. School in Metairie, LA. He enlisted in Force Commendation Medal and the A funeral service was held at the the Army in March 1995 and completed Air Force Achievement Medal, among Brown family plot in Rineyville, KY, basic and advanced individual training others. She also received Air Force near Fort Knox, TN. at Fort Benning, GA before being hon- wide accolades for her excellence in Kevin is survived by his parents orably discharged in June 1998. journalism, twice earning the Thomas Glenda and Richard Haynes Brown, his Returning to active duty in August Jefferson Award. wife Lena of Killeen, TX, the couple’s 1999, he served as a basic training drill I am proud to share in the celebra- daughters Maria, 13, and Charlene, 14, a sergeant at Fort Sill, OK, from Novem- tion of Col. Stephanie A. Holcombe’s sister Brandy Ross of Moore, OK, and ber 2005 to October 2007 and was then military career. I wish her all the best two stepchildren Jeremy and Pamela. reassigned to 2nd Battalion, 30th Infan- in her retirement.∑ I extend our deepest gratitude and try Regiment, 4th Brigade Combat condolences to Kevin’s family. He lived Team, 10th Mountain Division (Light f a life of love for his family, friends, and Infantry), Fort Polk, LA. HONORING OUR ARMED FORCES our country. He will be remembered for A funeral service was held on June his commitment to and belief in the 17, 2008 at Schoen Funeral home with SPECIALIST WILLIAM E. ALLMON greatness of our Nation. I am honored internment at Lake Lawn Park Ceme- ∑ Mr. INHOFE. Madam President, it is to pay tribute to this true American tery and Mausoleum in New Orleans, my honor to pay tribute to the life and hero who twice volunteered to go into LA. sacrifice of Army SPC William E. the fight and made the ultimate sac- David is preceded in death by his Allmon, of Ardmore, OK who died on rifice of his life for our freedom. mother Harrette Kock and survived by April 12, 2008, of wounds suffered when PRIVATE FIRST CLASS CODY M. CARVER his father Max Wayne Hurst, his step- his vehicle encountered an improvised Mr. INHOFE. Madam President, I mother Lillian T. Hurst, his brothers explosive device while serving his Na- also wish to remember Army PFC Cody Chris and Mark Hurst, and numerous tion in Baghdad, Iraq. M. Carver who died on October 30, 2007 nieces, nephews, other relatives, and William was a combat engineer who of wounds sustained when enemy forces friends. joined the Army in June 2000 and was engaged his unit with small-arms fire I extend our deepest gratitude and on his second deployment to Iraq. He and an improvised explosive device in condolences to David’s family. He lived previously deployed as part of Oper- Baghdad, Iraq. a life of love for his family, friends, and ation Iraqi Freedom from January 2005 Born June 23, 1988, Cody joined the our country. He will be remembered for to January 2006. He was assigned to 1st Army in November 2006. Upon com- his commitment to and belief in the Battalion, 64th Armor Regiment, 2nd pleting basic training he returned to greatness of our Nation. I am honored Brigade Combat Team, 3rd Infantry Di- Oklahoma to serve as a hometown re- to pay tribute to this true American vision, Fort Stewart, GA. cruiter. He was then assigned to 1st hero who twice volunteered to go into ‘‘If you didn’t know him, you missed Battalion, 15th Infantry Regiment, 3rd the fight and made the ultimate sac- out on a lot,’’ wrote SGT Richard Brigade Combat Team, 3rd Infantry Di- rifice of his life for our freedom. White in a letter read tearfully by his vision, Fort Benning, GA where he was SERGEANT FIRST CLASS JEFFRY D. KETTLE wife during a funeral service. ‘‘You are deployed to Iraq on September 28, 2007. Mr. INHOFE. Madam President, it is not only my best friend, you are my Cody’s father, Darrell Lee Carver, my honor to also honor the life and brother.’’ was wounded during the Vietnam war. sacrifice of Army SFC Jeffry D. Kettle A funeral service was held on April That, along with the September 11, 2001 who died on August 12, 2007 of wounds 22, 2008 at Pleasant Valley South Bap- attacks was his motivation for joining suffered from a roadside bomb while tist Church in Silver Creek, GA. the Army, his mother said. ‘‘He had serving his Nation in Nangarhar prov- William is survived by his wife Jen- talked about joining the Army since ince near Kuzkalakhel, Afghanistan. nifer, their son Damien and stepson the ninth grade. I guess it was about Born August 26, 1975 and listing Jason ‘‘Luke’’ Johnson, his mother the same time 9/11 happened. That Madill, OK as his home of record, Jeff Donna Fortune, and his father William bothered him so bad, he just wanted to was a product of Texas City, TX. Mili- Allmon. go and make it right,’’ she said. tary service ran in his family with his He loved his family and his children. A memorial service was held on No- grandfather, uncles, brother, and fa- ‘‘We’re going to miss his smile and his vember 10, 2007 at Coweta High School, ther also completing service time. antics—he was a kid at heart. When we with burial at the Vernon Cemetery in ‘‘Jeff was the ultimate warrior,’’ said went to Chuck E. Cheese, he’d get as Coweta, OK. Ronald Kettle, noting his son joined much out of it as the kids,’’ said the His mother remembers him as very the Army in 1993 right after graduating soldier’s father, William Allmon. much a single man with a huge sense of from high school. He was assigned to Today we remember Army SPC Wil- humor. ‘‘I asked him at Valentine’s 2nd Battalion, 7th Special Forces Day if there was anyone he wanted me liam E. Allmon, a young man who Group based at Fort Bragg, NC and was to send flowers to,’’ said his mother. loved his family and country, and gave on his fourth deployment. ‘‘He said, ‘Mom, that would be too his life as a sacrifice for freedom. A memorial service was held August many flowers. You couldn’t afford it.’ ’’ 31, 2007, at Calvary Baptist Church in STAFF SERGEANT KEVIN R. BROWN Cody is survived by his parents Texas City, TX. Jeff was buried with Mr. INHOFE. Madam President, it is Darrel and Pam Carver of Haskell, OK, military honors at Arlington National my honor to also honor the life and brothers Lee and Jake Carver of Has- Cemetery on August 22, 2007. His flag- sacrifice of Army SSG Kevin R. Brown, kell, OK, and his grandparents Charles draped coffin was carried to the grave of Harrah, OK who died on September Orsburn and Barbara Phillippe of Wag- site by a six-man casket team of sol- 25, 2007, of wounds suffered from a road- oner, OK, and Ronald and Edna Carver diers from the 3rd Infantry Regiment. side bomb while serving his Nation in of Coweta, OK. In the brief ceremony, relatives includ- Muqdadiyah, Iraq. Today we remember Army PFC Cody ing his parents and his wife recited the A cavalry scout, Brown joined the M. Carver, a young man who loved his Lord’s Prayer. His father said his son, military in September 1988, a year family and country, and gave his life as 31, wished to be at Arlington because after graduating from Harrah High a sacrifice for freedom. ‘‘he wanted to be buried among he- School. He was inspired to join the SERGEANT FIRST CLASS DAVID R. HURST roes.’’ military by his father Richard Haynes Mr. INHOFE. Madam President, it is Jeff is survived by his parents Ron Brown, a senior master sergeant who my honor to also honor the life and and Cindy Kettle, his wife Brandi Ket- retired at Tinker Air Force Base, OK sacrifice of Army SFC David R. Hurst, tle, two sons Jeffrey and Logan, grand- after 22 years of service. of Fort Sill, OK who died on June 8, mother Anne Moore, and two brothers In April 2006 he was assigned 6th 2008, of wounds suffered from a roadside Ryan and Clay Kettle. Squadron, 9th Cavalry Regiment, 3rd bomb while serving his Nation in Bagh- I extend our deepest gratitude and Brigade Combat Team, 1st Cavalry Di- dad, Iraq. condolences to Jeff’s family. He lived a

VerDate Mar 15 2010 05:13 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.105 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5429 life of love for his family, friends, and said. But serving his country meant and-Under Baseball Team that won the our country. He will be remembered for more than going to college, she said. World Series are: Colby Reynolds, his commitment to and belief in the ‘‘He came home one day and said he Jackson Edelman, Zach Weiner, Blake greatness of our Nation. I am honored wanted to join the Army, and we got in Weinstein, Chris Bonafiglia, Adrian to pay tribute to this true American the car and went down to the recruit- Hernandez, Aaron Bergstrom, Blake hero who volunteered to go into the ing station,’’ Anglia Phillips said. ‘‘He Morgan, Raymond Stutzer, Josh Free, fight and made the ultimate sacrifice said terrorism was like a virus. It had Ryan Furman, and Ethan Stith. of his life for our freedom. to be stopped. It had to be contained.’’ These wonderful young athletes have CAPTAIN TORRE R. MALLARD Her son was reenlisting to join for 2 displayed the hard work and dedication Mr. INHOFE. Madam President, I more years because ‘‘he didn’t want to that make goals and dreams attain- wish to remember another remarkable leave his squad, his guys,’’ she said. able. Throughout their victorious sea- young man, Army CPT Torre R. Mal- Today we remember Army SPC Mi- son, the Marlton Reds garnered the lard. Assigned to 2nd Squadron, 3rd Ar- chael E. Phillips, a young man who support of their community, receiving mored Cavalry Regiment, Fort Hood, loved his family and country, and gave countless donations to help them trav- TX. Torre died March 10, 2008 of wounds his life as a sacrifice for freedom. el to Winchester, VA for the World Se- suffered from an improvised explosive CORPORAL BRYAN J. SCRIPSICK ries tournament. Upon arrival, the device while serving his Nation in Mr. INHOFE. Madam President, I Marlton Reds won all 6 of their games, Balad Ruz, Iraq in support of Operation also wish to remember Marine Corps including the Cal Ripken 10-and-Under Iraqi Freedom. Cpl Bryan J. Scripsick who, along with Championship Game against a very tal- The son of a retired army master ser- three other Marines, succumbed to in- ented team from Southeastern Lex- geant, Torre was born August 20, 1980 juries sustained after a suicide bomber ington, KY by a score of 9 to 1. While in Anniston, AL, and lived throughout attacked their position in Anbar prov- every member of the Marlton Reds the United States and Europe, eventu- ince north of Baghdad, Iraq on Sep- played exceptionally well, Blake Mor- ally graduating from Salmen High tember 6, 2007. gan made the All World Series Team School in Slidell, LA, in 1998. Bryan was born August 21, 1985. Al- while winning the World Series Batting While attending the U.S. Military though the family home is in Wayne, Title and Most Outstanding Player Academy at West Point, Torre was ac- OK, he graduated in 2004 from Pauls award, while Jackson Edelman made tively involved in the boxing and foot- Valley High School, where he played the All World Series Team and the All ball programs. During the spring se- safety and wide receiver on the football Defensive Team. mester of his sophomore year at the team. I would also like to applaud the par- academy he served a 4-month term as a Rather than pursuing his dream of ents, coaches, and volunteers that company commander, one of the high- playing college football, Bryan chose work tirelessly to ensure athletes like est positions in the Cadet Chain of to join the Marine Corps right after his the 12 members of the Marlton Reds Command at the academy. In June 2002 19th birthday in August 2004. He was have a place to grow and achieve in he earned a commission in the Army assigned to 3rd Assault amphibian Bat- sports and in life. It is through the and graduated with a degree in com- talion, 1st Marine Division, I Marine commitment of the entire community puter science. Expeditionary Force, Camp Pendleton, that our youth will develop into cham- A memorial service was held on CA and was on his second tour to Iraq. pions, both on and off the field. I com- March 12, 2008 in Anniston, with burial More than 100 people filled the First mend the Marlton Reds 10-and-Under in the U.S. Military Academy Post United Methodist Church for a memo- Baseball Team, as well as the people of Cemetery at West Point, NY. rial service held on September 13, 2007. Evesham Township who supported Torre is survived by his wife Bonita, Burial took place at the Mount Olivet them throughout the season, for win- two young sons Torre Jr. and Joshua, Cemetery in Pauls Valley, OK. At the ning the Cal Ripken 10–Year-Old World and his parents Mose and Robin Mal- cemetery, members of the Marine Series.∑ lard. honor guard carried the casket to the f Today we remember Army CPT Torre gravesite where the flag was folded CONGRATULATING THE R. Mallard, a young man who loved his above the casket and presented to Bry- BROOKLAWN BROOKERS BASE- family and country, and gave his life as an’s parents and his brother. He was BALL TEAM a sacrifice for freedom. then honored with three volleys from a SPECIALIST MICHAEL E. PHILLIPS rifle party and the playing of taps. ∑ Mr. MENENDEZ. Madam President, Mr. INHOFE. Madam President, it is Bryan is survived by his parents Jon today I wish to honor the eighteen my honor to also pay tribute to the life and Jan Scripsick, and his brother young athletes of the Brooklawn and sacrifice of Army SPC Michael E. Brett Scripsick of Pauls Valley, OK. Brookers Baseball Team of the Amer- Phillips who died on February 24, 2008 Today we remember Marine Corps ican Legion Post 72 from Brooklawn, in Baghdad, Iraq. Cpl Bryan J. Scripsick, a young man NJ for their commendable victory at Michael left for basic training on who loved his family and country, and the 2014 American Legion Senior World June 24, 2006. Upon finishing advanced gave his life as a sacrifice for freedom.∑ Series on August 19, 2014. Led by the infantry training, he was assigned to f unwavering leadership of coach Dennis Bravo Company 1 of the 502nd Strike Barth, the Brooklawn Brookers won CONGRATULATING THE MARLTON Brigade of the 101st Airborne Division. the 2014 New Jersey State American On October 13, 2007, he and his team- REDS BASEBALL TEAM Legion Championship, the Mid-Atlan- mates deployed to Iraq in support of ∑ Mr. MENENDEZ. Madam President, I tic Regional Championship, and their Operation Iraqi Freedom. Just 4 wish to honor the 12 young athletes of second consecutive American Legion months into his deployment an impro- the Marlton Reds 10-and-Under Base- World Series Championship. The 18 vised explosive device tore through the ball Team from Evesham Township, NJ players of the Brooklawn Brookers door of the vehicle he was driving. De- for their commendable victory at the Team that won the World Series are: spite the severity of his injuries he 2014 Cal Ripken 10-Year-Old World Se- Eric Becker, Joe Bobiak, Sean Breen, continued to smile and reassure those ries on August 16, 2014. Led by the un- Austin Darrow, Phil Dickinson, Pete taking care of him. Even in the most wavering leadership of Manager Robert Farlow, Eric Grafton, John Malatesta, grim and serious times, Michael still Reynolds, Coach Mark Bergstrom, and Anthony Harrold, Rocco Mazzeo, Ste- fought and lifted up those around him. Coach Joe Morgan, the Marlton Reds ven Mondile, Tyler Mondile, Eric He is survived by his parents Steven won the 2014 10-and-Under Babe Ruth/ Schorr, Ray Taylor, Kevin Terifay, and Angelia Phillips, his brothers Cal Ripken Baseball New Jersey Dis- Fran Kinsey, Tre Todd, and Matt Parr. David and Anthony, and his sister Bar- trict 5 Championship, the New Jersey These wonderful young athletes have bara—all of Ardmore, OK. State Championship, the Mid-Atlantic displayed the hard work and dedication Michael excelled at drawing and had Regional Championship, and the 10- that make goals and dreams attain- been offered admission to the San Year-Old Cal Ripken World Series. The able. Throughout their victorious sea- Francisco Art Institute, his mother twelve players of the Marlton Reds 10- son, the Brooklawn Brookers played

VerDate Mar 15 2010 05:30 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.051 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5430 CONGRESSIONAL RECORD — SENATE September 9, 2014 with the passion and determination for 7 hours before bulldozers to save a mond and Tim became close friends, that made it possible to collectively spring fed lake. In the end, the Mobile and it was their time overseas that win a championship despite the passing City Council voted to save the lake and built a strong bond between the two of their longtime Manager, Joe Barth, named it Day Lake in his honor. men. Sr. Upon their arrival at the World Se- His wife of 65 years, Ruby Nell James Edmond served in three different ries in Shelby, NC, the Brookers won Day, predeceased him. She was a won- campaigns: Rhineland, the Ardennes, all five of their games, including the derful and beloved woman and a mem- and Central Europe. Edmond didn’t American Legion Senior World Series ber of the respected James family of talk much about the war but told his Championship Game against a very tal- Mobile. son Stan one specific memory. ented team from Midland, MI. While Reverend Day’s funeral service was a Near the end of the war, Edmond and every member of the Brookers played true celebration of a remarkable life his fellow soldiers were sitting on their exceptionally well, Sean Breen was well-lived. Speakers at the service in- tanks at the Russian border waiting for named the 2014 World Series Tour- cluded former Mobile Mayor Sam orders to advance. The Russians, just a nament Most Valuable Player while Jones, State Representative James short distance away, were also sitting also receiving the 2014 George W. Rulon Busky, State Senator Vivian Figures, on their tanks waiting for their orders. Player of the Year Award, the 2014 Lou- and City Councilman Fred Richardson. The orders never came, so at night the isville Slugger Batting Championship, I was also honored to speak. Several two units would come together and and sharing the 2014 Rawlings Big prominent pastors from Mobile con- talk. Edmond was doing diplomacy Stick Award with teammate Anthony ducted the service. They were: Ronald with the Russians before the Cold War Harrold. McCree, pastor—Greater Morning Star even started. I would also like to applaud the par- Baptist Church (Eulogy); Clinton John- Edmond separated from the military ents, coaches, and volunteers that son, pastor—New Shiloh Baptist on October 23, 1945, passing on his mili- work tirelessly to ensure athletes like Church (Officiating); Fleet Bell, pas- tary legacy to his family. Three of his the 18 members of the Brooklawn tor—Rock of Faith Baptist Church sons, Edmond Jr., Samson, and Robert, Brookers have a place to grow and (Song); Darlett-Lucy Gulley, pastor— all went on to bravely serve our coun- achieve in sports and in life. It is New Life Methodist Church (Prayer of try. through the commitment of the entire Comfort); Minister Ronald Suggs, Edmond’s life of service extended far community that our youth will develop Greater Morning Star Baptist Church beyond the military. His work as a into champions, both on and off the (Old Testament Reading); and Minister schoolbus driver and officer for the field. I commend the Brooklawn Gregory Palmer, Sr., Greater Morning Browning Public Schools demonstrates Brookers American Legion Post 72 Star Baptist Church (New Testament an unwavering commitment to civic Baseball Team, as well as the people of Reading). These pastors have earned duty and responsibility. Edmond the State of New Jersey who supported the respect of the community over passed away on September 20, 1967. them throughout the season, for win- many years for their faith and service Last week, in the presence of his ning the 2014 American Legion Senior to others. family, it was my honor to present World Series.∑ I came to know and respect Reverend Stan Juneau and the entire Juneau f Day’s son, Eric, when I hired him as family with Edmond’s medals. The first the law enforcement coordinator for medal was the highest medal I had ever REMEMBERING THE REVEREND the U.S. attorney’s office in Mobile, given out: the Distinguished Service JOSEPH DAY where he still works. He reflects the in- Medal. It is awarded to any person ∑ Mr. SESSIONS. Madam President, it tegrity and faith of his father. I am who, while serving in any capacity is appropriate that the Senate take also proud that Eric’s wonderful wife with the U.S. Army, has distinguished note on occasion of those who ably and Valerie Day has served as my field rep- him or herself with exceptionally meri- honestly serve the country and their resentative since I was elected to the torious service to the government in a fellow man. Our government has many Senate almost 18 years ago. duty of great responsibility. The act who do so every day. This Nation must continue to must merit recognition for service The Reverend Joseph Day was born produce leaders like Reverend Day which is clearly exceptional. in rural Dixons Mill, AL, being one of who, in turn, produce families of en- Edmond also earned the following eight children. He grew up in ergy, drive, faith and service. It is they medals: the Bronze Star, Purple Heart, Toulminville, near Mobile, AL, and was who provide the vision and faith, and and the Good Conduct Medal. a contemporary of baseball great Hank the service, that are the qualities that It was my honor to present a Euro- Aaron. They played baseball together make America exceptional. ∑ pean-African-Middle Eastern Campaign and both attended the Greater f Medal with Three Bronze Service Morningstar Missionary Baptist Stars, a World War II Victory Medal, Church. REMEMBERING EDMOND LEE and the Combat Infantryman Badge He started work as a U.S. govern- JUNEAU First Award. ment civilian employee at Brookley ∑ Mr. TESTER. Madam President, I I was also honored to present the Air Force Base in Mobile. When wish to honor Edmond Lee Juneau, a Sharpshooter Badge with Rifle Bar and Brookley closed, Day transferred to veteran of the U.S. Army. the Honorable Service Lapel Button, what is now Robins Air Force Base, in It is my honor to share the story of World War II. Warner Robins, GA, retiring after 40 Edmond’s service because no veteran’s These decorations are small tokens years of service. After returning to Mo- story should ever go unrecognized. but powerful symbols of true heroism, bile, he then spent 17 years working for Edmond was born in Green Bay, WI, sacrifice, and dedication to service. Volkert, Inc., in Mobile. on November 9, 1920, but grew up in These medals are presented on behalf He was passionate about helping oth- Browning, MT, where he was known for of a grateful nation.∑ ers. He served as executive director of his tremendous athleticism, playing f the Macon, GA chapter of the Southern football, basketball, and baseball. Christian Leadership Conference, and He graduated from Browning High MESSAGE FROM THE HOUSE while in Macon was called to preach. School and married the love of his life At 2:22 p.m., a message from the Returning to Mobile, he founded the Margie Bird Juneau. He and Margie House of Representatives, delivered by House of Joshua Christian Center had eight children: seven boys and one Mrs. Cole, one of its reading clerks, an- Church where he pastored until his girl. nounced that the House has passed the death. His influence is demonstrated in On June 22, 1944, Edmond began his following bill, without amendment: the remarkable fact that the Day fam- service in the U.S. Army with the 69th S. 231. An act to reauthorize the Multi- ily has produced several Christian min- Armored Infantry Battalion Company national Species Conservation Funds isters. A. He served alongside his cousin Wil- Semipostal Stamp. He was an activist and a leader in the liam ‘‘Bill’’ Big Springs and former The message further announced that causes he believed in. In 1991, he stood Montana Governor, Tim Babcock. Ed- the House has passed the following

VerDate Mar 15 2010 05:13 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.093 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5431 bills and joint resolution, in which it the more than 5,000 slaves and free Black York, as the ‘‘Specialist Theodore Matthew requests the concurrence of the Senate: persons who fought for independence in the Glende Post Office’’; to the Committee on American Revolution. Homeland Security and Governmental Af- H.R. 78. An act to designate the facility of fairs. the United States Postal Service located at f H.R. 5030. An act to designate the facility 4110 Almeda Road in Houston, Texas, as the of the United States Postal Service located ‘‘George Thomas ’Mickey’ Leland Post Office MEASURES REFERRED at 13500 SW 250 Street in Princeton, Florida, Building’’. The following bills were read the first as the ‘‘Corporal Christian A. Guzman Ri- H.R. 744. An act to provide effective crimi- and the second times by unanimous vera Post Office Building’’; to the Com- nal prosecutions for certain identity thefts, mittee on Homeland Security and Govern- and for other purposes. consent, and referred as indicated: H.R. 2495. An act to amend the Department H.R. 78. An act to designate the facility of mental Affairs. of Energy High-End Computing Revitaliza- the United States Postal Service located at H.R. 5089. An act to designate the facility tion Act of 2004 to improve the high-end 4110 Almeda Road in Houston, Texas, as the of the United States Postal Service located computing research and development pro- ‘‘George Thomas ‘Mickey’ Leland Post Office at 2000 Mulford Road in Mulberry, Florida, as gram of the Department of Energy, and for Building’’; to the Committee on Homeland the ‘‘Sergeant First Class Daniel M. Fer- other purposes. Security and Governmental Affairs. guson Post Office’’; to the Committee on H.R. 2819. An act to designate the facility H.R. 2495. An act to amend the Department Homeland Security and Governmental Af- of the United States Postal Service located of Energy High-End Computing Revitaliza- fairs. at 275 Front Street in Marietta, Ohio, as the tion Act of 2004 to improve the high-end H.R. 5106. An act to designate the facility ‘‘Veterans Memorial Post Office Building’’. computing research and development pro- of the United States Postal Service located H.R. 3109. An act to amend the Migratory gram of the Department of Energy, and for at 100 Admiral Callaghan Lane in Vallejo, Bird Treaty Act to exempt certain Alaskan other purposes; to the Committee on Energy California, as the ‘‘Philmore Graham Post Native articles from prohibitions against and Natural Resources. Office Building’’; to the Committee on sale of items containing nonedible migratory H.R. 2819. An act to designate the facility Homeland Security and Governmental Af- bird parts, and for other purposes. of the United States Postal Service located fairs. H.R. 3957. An act to designate the facility at 275 Front Street in Marietta, Ohio, as the H.R. 5309. An act to authorize and of the United States Postal Service located ‘‘Veterans Memorial Post Office Building’’; strengthen the tsunami detection, forecast, at 218–10 Merrick Boulevard in Springfield to the Committee on Homeland Security and warning, research, and mitigation program Gardens, New York, as the ‘‘Cynthia Jenkins Governmental Affairs. of the National Oceanic and Atmospheric Ad- Post Office Building’’. H.R. 3109. An act to amend the Migratory ministration, and for other purposes; to the H.R. 4189. An act to designate the facility Bird Treaty Act to exempt certain Alaskan Committee on Commerce, Science, and of the United States Postal Service located Native articles from prohibitions against Transportation. at 4000 Leap Road in Hilliard, Ohio, as the sale of items containing nonedible migratory f ‘‘Master Sergeant Shawn T. Hannon, Master bird parts, and for other purposes; to the Sergeant Jeffrey J. Rieck and Veterans Me- Committee on Environment and Public MEASURES PLACED ON THE morial Post Office Building’’. Works. CALENDAR H.R. 4283. An act to amend the Wild and H.R. 3957. An act to designate the facility The following bill was read the sec- of the United States Postal Service located Scenic Rivers Act to authorize the Secretary ond time, and placed on the calendar: of the Interior to maintain or replace certain at 218–10 Merrick Boulevard in Springfield facilities and structures for commercial Gardens, New York, as the ‘‘Cynthia Jenkins S. 2779. A bill to amend section 349 of the recreation services at Smith Gulch in Idaho, Post Office Building’’; to the Committee on Immigration and Nationality Act to deem and for other purposes. Homeland Security and Governmental Af- specified activities in support of terrorism as H.R. 4443. An act to designate the facility fairs. renunciation of United States nationality. of the United States Postal Service located H.R. 4189. An act to designate the facility The following bill was read the first at 90 Vermilyea Avenue, in New York, New of the United States Postal Service located and second times by unanimous con- York, as the ‘‘Corporal Juan Mariel at 4000 Leap Road in Hilliard, Ohio, as the sent, and placed on the calendar: Alcantara Post Office Building’’. ‘‘Master Sergeant Shawn T. Hannon, Master H.R. 4527. An act to remove a use restric- Sergeant Jeffrey J. Rieck and Veterans Me- H.R. 744. An act to provide effective crimi- tion on land formerly a part of Acadia Na- morial Post Office Building’’; to the Com- nal prosecutions for certain identity thefts, tional Park that was transferred to the town mittee on Homeland Security and Govern- and for other purposes. of Tremont, Maine, and for other purposes. mental Affairs. f H.R. 4651. An act to designate the facility H.R. 4283. An act to amend the Wild and of the United States Postal Service located Scenic Rivers Act to authorize the Secretary EXECUTIVE AND OTHER at 601 West Baker Road in Baytown, Texas, of the Interior to maintain or replace certain COMMUNICATIONS as the ‘‘Specialist Keith Erin Grace, Jr. Me- facilities and structures for commercial The following communications were morial Post Office’’. recreation services at Smith Gulch in Idaho, laid before the Senate, together with H.R. 4939. An act to designate the facility and for other purposes; to the Committee on of the United States Postal Service located Energy and Natural Resources. accompanying papers, reports, and doc- at 2551 Galena Avenue in Simi Valley, Cali- H.R. 4443. An act to designate the facility uments, and were referred as indicated: fornia, as the ‘‘Neil Havens Post Office’’. of the United States Postal Service located EC–6764. A communication from the Dep- H.R. 5019. An act to designate the facility at 90 Vermilyea Avenue, in New York, New uty Assistant Administrator for Regulatory of the United States Postal Service located York, as the ‘‘Corporal Juan Mariel Programs, Office of Protected Resources, De- at 1335 Jefferson Road in Rochester, New Alcantara Post Office Building’’; to the Com- partment of Commerce, transmitting, pursu- York, as the ‘‘Specialist Theodore Matthew mittee on Homeland Security and Govern- ant to law, the report of a rule entitled Glende Post Office’’. mental Affairs. ‘‘Subsistence Taking of Northern Fur Seals H.R. 5030. An act to designate the facility H.R. 4527. An act to remove a use restric- on the Pribilof Islands; Final Annual Harvest of the United States Postal Service located tion on land formerly a part of Acadia Na- Estimates for 2014–2016’’ (RIN0648–BE03) re- at 13500 SW 250 Street in Princeton, Florida, tional Park that was transferred to the town ceived during adjournment of the Senate in as the ‘‘Corporal Christian A. Guzman Ri- of Tremont, Maine, and for other purposes; the Office of the President of the Senate on vera Post Office Building’’. to the Committee on Energy and Natural Re- August 14, 2014; to the Committee on Envi- H.R. 5089. An act to designate the facility sources. ronment and Public Works. of the United States Postal Service located H.R. 4651. An act to designate the facility EC–6765. A communication from the Ad- at 2000 Mulford Road in Mulberry, Florida, as of the United States Postal Service located ministrator of the Environmental Protection the ‘‘Sergeant First Class Daniel M. Fer- at 601 West Baker Road in Baytown, Texas, Agency, transmitting, pursuant to law, an guson Post Office’’. as the ‘‘Specialist Keith Erin Grace, Jr. Me- annual report relative to the implementa- H.R. 5106. An act to designate the facility morial Post Office’’; to the Committee on tion of the Formaldehyde Standards for of the United States Postal Service located Homeland Security and Governmental Af- Composite Wood Products Act; to the Com- at 100 Admiral Callaghan Lane in Vallejo, fairs. mittee on Environment and Public Works. California, as the ‘‘Philmore Graham Post H.R. 4939. An act to designate the facility EC–6766. A communication from the Chief Office Building’’. of the United States Postal Service located of the Publications and Regulations Branch, H.R. 5309. An act to authorize and at 2551 Galena Avenue in Simi Valley, Cali- Internal Revenue Service, Department of the strengthen the tsunami detection, forecast, fornia, as the ‘‘Neil Havens Post Office’’; to Treasury, transmitting, pursuant to law, the warning, research, and mitigation program the Committee on Homeland Security and report of a rule entitled ‘‘Material Advisor of the National Oceanic and Atmospheric Ad- Governmental Affairs. Penalty for Failure to Furnish Information ministration, and for other purposes. H.R. 5019. An act to designate the facility Regarding Reportable Transactions’’ H.J. Res. 120. Joint resolution approving of the United States Postal Service located ((RIN1545–BF59) (TD 9686)) received during the location of a memorial to commemorate at 1335 Jefferson Road in Rochester, New adjournment of the Senate in the Office of

VerDate Mar 15 2010 04:21 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.001 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5432 CONGRESSIONAL RECORD — SENATE September 9, 2014 the President of the Senate on August 11, law, the report of a rule entitled ‘‘Medicare law, a report relative to section 36(c) of the 2014; to the Committee on Finance. Program; Inpatient Rehabilitation Facility Arms Export Control Act (DDTC 14–031); to EC–6767. A communication from the Chief Prospective Payment System for Federal the Committee on Foreign Relations. of the Publications and Regulations Branch, Fiscal Year 2015’’ ((RIN0938–AS09) (CMS–1608– EC–6786. A communication from the Assist- Internal Revenue Service, Department of the F)) received in the Office of the President of ant Secretary, Legislative Affairs, Depart- Treasury, transmitting, pursuant to law, the the Senate on July 31, 2014; to the Com- ment of State, transmitting, pursuant to report of a rule entitled ‘‘Foreign Tax Credit mittee on Finance. law, a report relative to section 36(c) of the Guidance under Section 901(m)’’ (Notice 2014– EC–6776. A communication from the Dep- Arms Export Control Act (DDTC 14–061); to 45) received during adjournment of the Sen- uty Director, Centers for Medicare and Med- the Committee on Foreign Relations. ate in the Office of the President of the Sen- icaid Services, Department of Health and EC–6787. A communication from the Assist- ate on August 11, 2014; to the Committee on Human Services, transmitting, pursuant to ant Secretary, Legislative Affairs, Depart- Finance. law, the report of a rule entitled ‘‘Medicare ment of State, transmitting, pursuant to EC–6768. A communication from the Chief Program; Inpatient Psychiatric Facilities law, a report relative to section 36(c) of the of the Publications and Regulations Branch, Prospective Payment System—Update for Arms Export Control Act (DDTC 14–075); to Internal Revenue Service, Department of the Fiscal Year Beginning October 1, 2014 (FY the Committee on Foreign Relations. Treasury, transmitting, pursuant to law, the 2015)’’ ((RIN0938–AS08) (CMS–1606–F)) re- EC–6788. A communication from the Assist- report of a rule entitled ‘‘Segregation Rule ceived in the Office of the President of the ant Secretary, Legislative Affairs, Depart- Effective Date’’ ((RIN1545–BM18) (TD 9685)) Senate on July 31, 2014; to the Committee on ment of State, transmitting, pursuant to received during adjournment of the Senate Finance. law, a report relative to section 36(c) of the in the Office of the President of the Senate EC–6777. A communication from the Senior Arms Export Control Act (DDTC 14–083); to on August 11, 2014; to the Committee on Fi- Counsel for Regulatory Affairs, Office of Fis- the Committee on Foreign Relations. nance. cal Assistant Secretary, Department of the EC–6789. A communication from the Assist- EC–6769. A communication from the Chief Treasury, transmitting, pursuant to law, the ant Secretary, Legislative Affairs, Depart- of the Publications and Regulations Branch, report of a rule entitled ‘‘Department of the ment of State, transmitting, pursuant to Internal Revenue Service, Department of the Treasury Regulations for the Gulf Coast Res- law, a report relative to section 36(c) of the Treasury, transmitting, pursuant to law, the toration Trust Fund’’ ((RIN1505–AC44) (31 Arms Export Control Act (DDTC 14–055); to report of a rule entitled ‘‘Dixon v. Commis- CFR Part 34)) received during adjournment the Committee on Foreign Relations. sioner, 141 T.C. No. 3 (2013)’’ (AOD 2014–01) re- of the Senate in the Office of the President EC–6790. A communication from the Assist- ceived during adjournment of the Senate in of the Senate on August 15, 2014; to the Com- ant Secretary, Legislative Affairs, Depart- the Office of the President of the Senate on mittee on Finance. ment of State, transmitting, pursuant to September 2, 2014; to the Committee on Fi- EC–6778. A communication from the Fed- law, a report relative to section 36(c) of the nance. eral Register Liaison Officer, Alcohol and Arms Export Control Act (DDTC 14–086); to EC–6770. A communication from the Chief Tobacco Tax and Trade Bureau, Department the Committee on Foreign Relations. of the Publications and Regulations Branch, of the Treasury, transmitting, pursuant to EC–6791. A communication from the Assist- Internal Revenue Service, Department of the law, the report of a rule entitled ‘‘Establish- ant Secretary, Legislative Affairs, Depart- Treasury, transmitting, pursuant to law, the ment of the Manton Valley Viticultural ment of State, transmitting, pursuant to report of a rule entitled ‘‘2014 National Pool’’ Area’’ (RIN1513–AC03) received during ad- law, a report relative to section 36(d) of the (Rev. Proc. 2014–52) received during adjourn- journment of the Senate in the Office of the Arms Export Control Act (DDTC 14–040); to ment of the Senate in the Office of the Presi- President of the Senate on August 14, 2014; to the Committee on Foreign Relations. dent of the Senate on September 2, 2014; to the Committee on Finance. EC–6792. A communication from the Assist- the Committee on Finance. EC–6779. A communication from the Acting ant Legal Adviser for Treaty Affairs, Depart- EC–6771. A communication from the Chief Assistant Secretary, Bureau of Political- ment of State, transmitting, pursuant to the of the Publications and Regulations Branch, Military Affairs, Department of State, trans- Case-Zablocki Act, 1 U.S.C. 112b, as amended, Internal Revenue Service, Department of the mitting, pursuant to law, an addendum to a the report of the texts and background state- Treasury, transmitting, pursuant to law, the certification, of the proposed sale or export ments of international agreements, other report of a rule entitled ‘‘Clarification and of defense articles and/or defense services to than treaties (List 2014–0090—2014–0094); to Modification of Notice 2013–29 and Notice a Middle East country (OSS–2014–1229); to the the Committee on Foreign Relations. 2013–60’’ (Notice 2014–46) received during ad- Committee on Foreign Relations. EC–6793. A communication from the Assist- journment of the Senate in the Office of the EC–6780. A communication from the Assist- ant Secretary, Legislative Affairs, Depart- President of the Senate on August 14, 2014; to ant Secretary, Bureau of Political-Military ment of State, transmitting, pursuant to the Committee on Finance. Affairs, Department of State, transmitting, law, eighteen (18) reports relative to vacan- EC–6772. A communication from the Chief pursuant to law, an addendum to a certifi- cies in the Department of State, received of the Publications and Regulations Branch, cation, of the proposed sale or export of de- during adjournment of the Senate in the Of- Internal Revenue Service, Department of the fense articles and/or defense services to a fice of the President of the Senate on August Treasury, transmitting, pursuant to law, the Middle East country (OSS–2014–1154); to the 15, 2014; to the Committee on Foreign Rela- report of a rule entitled ‘‘Update for Weight- Committee on Foreign Relations. tions. ed Average Interest Rates, Yield Curves, and EC–6781. A communication from the Assist- EC–6794. A communication from the Acting Segment Rates’’ (Notice 2014–48) received ant Secretary, Bureau of Political-Military Assistant Secretary for Special Education during adjournment of the Senate in the Of- Affairs, Department of State, transmitting, and Rehabilitative Services, Department of fice of the President of the Senate on August pursuant to law, an addendum to a certifi- Education, transmitting, pursuant to law, 14, 2014; to the Committee on Finance. cation, of the proposed sale or export of de- the report of a rule entitled ‘‘Final Priority. EC–6773. A communication from the Chief fense articles and/or defense services to a Technical Assistance on State Data Collec- of the Publications and Regulations Branch, Middle East country (OSS–2014–1152); to the tion—IDEA Data Management Center’’ Internal Revenue Service, Department of the Committee on Foreign Relations. (CFDA No. 84.373M.) received during adjourn- Treasury, transmitting, pursuant to law, the EC–6782. A communication from the Assist- ment of the Senate in the Office of the Presi- report of a rule entitled ‘‘Awards for Infor- ant Secretary, Bureau of Political-Military dent of the Senate on August 13, 2014; to the mation Relating to Detecting Underpay- Affairs, Department of State, transmitting, Committee on Health, Education, Labor, and ments of Tax or Violations of the Internal pursuant to law, an addendum to a certifi- Pensions. Revenue Laws’’ ((RIN1545–BL08) (TD 9687)) cation, of the proposed sale or export of de- EC–6795. A communication from the Direc- received during adjournment of the Senate fense articles and/or defense services to a tor, Office of Special Education Programs, in the Office of the President of the Senate Middle East country (OSS–2014–1153); to the Department of Education, transmitting, pur- on August 14, 2014; to the Committee on Fi- Committee on Foreign Relations. suant to law, the report of a rule entitled nance. EC–6783. A communication from the Assist- ‘‘Final priority. Rehabilitation Training: Re- EC–6774. A communication from the Dep- ant Secretary, Legislative Affairs, Depart- habilitation Long-Term Training Program— uty Director, Centers for Medicare and Med- ment of State, transmitting, pursuant to Rehabilitation Specialty Areas’’ (CFDA Nos. icaid Services, Department of Health and law, a report relative to the designation of a 84.129C, E, F, H, J, P, Q, R, and W.) received Human Services, transmitting, pursuant to group as a Foreign Terrorist Organization by in the Office of the President of the Senate law, the report of a rule entitled ‘‘Medicare the Secretary of State (OSS–2014–1173); to on July 31, 2014; to the Committee on Health, Program; Prospective Payment System and the Committee on Foreign Relations. Education, Labor, and Pensions. Consolidated Billing for Skilled Nursing Fa- EC–6784. A communication from the Assist- EC–6796. A communication from the Dep- cilities for FY 2015’’ (RIN0938–AS07) received ant Secretary, Legislative Affairs, Depart- uty Director, Centers for Medicare and Med- in the Office of the President of the Senate ment of State, transmitting, pursuant to icaid Services, Department of Health and on July 31, 2014; to the Committee on Fi- law, a report relative to section 36(c) of the Human Services, transmitting, pursuant to nance. Arms Export Control Act (DDTC 14–087); to law, the report of a rule entitled ‘‘Adminis- EC–6775. A communication from the Dep- the Committee on Foreign Relations. trative Simplification: Change to the Com- uty Director, Centers for Medicare and Med- EC–6785. A communication from the Assist- pliance Date for the International Classifica- icaid Services, Department of Health and ant Secretary, Legislative Affairs, Depart- tion of Diseases, 10th Revision (ICD–10-CM Human Services, transmitting, pursuant to ment of State, transmitting, pursuant to and ICD–10-PCS) Medical Data Code Sets’’

VerDate Mar 15 2010 04:21 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.009 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5433 ((RIN0938–AS31) (CMS–0043-F)) received in EC–6803. A communication from the Gen- Senate on August 1, 2014; to the Committee the Office of the President of the Senate on eral Counsel, Pension Benefit Guaranty Cor- on Homeland Security and Governmental Af- July 31, 2014; to the Committee on Health, poration, transmitting, pursuant to law, the fairs. Education, Labor, and Pensions. report of a rule entitled ‘‘Benefits Payable in EC–6812. A communication from the Acting EC–6797. A communication from the Acting Terminated Single-Employer Plans; Interest District of Columbia Auditor, transmitting, Assistant General Counsel for Regulatory Assumptions for Paying Benefits’’ (29 CFR pursuant to law, a report entitled ‘‘Suffi- Services, Office of Special Education and Re- Part 4022) received during adjournment of ciency Certification for the Washington Con- habilitative Services, Department of Edu- the Senate in the Office of the President of vention and Sports Authority’s (Trading As cation, transmitting, pursuant to law, the the Senate on August 11, 2014; to the Com- Events DC) Projected Revenues and Excess report of a rule entitled ‘‘Final Priority; Re- mittee on Health, Education, Labor, and Reserve to Meet Projected Operating and habilitation Services Administration-Assist- Pensions. Debt Service Expenditures and Reserve Re- ive Technology Alternative Financing Pro- EC–6804. A communication from the Execu- quirements for Fiscal Year 2015’’; to the gram’’ (CFDA No. 84.224D.) received during tive Analyst, Office of the Secretary, Depart- Committee on Homeland Security and Gov- adjournment of the Senate in the Office of ment of Health and Human Services, trans- ernmental Affairs. the President of the Senate on August 28, mitting, pursuant to law, a report relative to EC–6813. A communication from the Acting 2014; to the Committee on Health, Education, a vacancy in the position of Assistant Sec- District of Columbia Auditor, transmitting, Labor, and Pensions. retary for Health, Department of Health and pursuant to law, a report entitled ‘‘Audit of EC–6798. A communication from the Acting Human Services; to the Committee on the District’s Eastern Market Program and Assistant General Counsel for Regulatory Health, Education, Labor, and Pensions. Fund’’; to the Committee on Homeland Secu- Services, Office of Special Education and Re- EC–6805. A communication from the Execu- rity and Governmental Affairs. habilitative Services, Department of Edu- tive Analyst, Office of the Secretary, Depart- EC–6814. A communication from the Chair- cation, transmitting, pursuant to law, the ment of Health and Human Services, trans- man of the National Transportation Safety report of a rule entitled ‘‘Final Priority; mitting, pursuant to law, a report relative to Board, transmitting, pursuant to law, the Technical Assistance on State Data Collec- a vacancy in the position of Commissioner Board’s Fiscal Year 2013 Annual Report on tion—IDEA Fiscal Data Center’’ (34 CFR on Children, Youth, and Families, Depart- The Notification and Federal Employee Chapter III) received during adjournment of ment of Health and Human Services; to the Antidiscrimination and Retaliation Act of the Senate in the Office of the President of Committee on Health, Education, Labor, and 2002; to the Committee on Homeland Secu- the Senate on August 28, 2014; to the Com- Pensions. rity and Governmental Affairs. mittee on Health, Education, Labor, and EC–6806. A communication from the Assist- EC–6815. A communication from the Gen- Pensions. ant Secretary for Occupational Safety and eral Counsel and Senior Policy Advisor, Of- EC–6799. A communication from the Acting Health, Department of Labor, transmitting, fice of Management and Budget, Executive Assistant General Counsel for Regulatory pursuant to law, the report of a rule entitled Office of the President, transmitting, pursu- Services, Office of Special Education and Re- ‘‘Procedures for Handling Retaliation Com- ant to law, three (3) reports relative to va- habilitative Services, Department of Edu- plaints Under the Employee Protection Pro- cancies in the Office of Management and cation, transmitting, pursuant to law, the vision of the Consumer Financial Protection Budget, received during adjournment of the report of a rule entitled ‘‘Final Priority; Act of 2010’’ (RIN1218–AC58) received in the Senate in the Office of the President of the Technical Assistance on State Data Collec- Office of the President of the Senate on July Senate on August 15, 2014; to the Committee tion—IDEA Data Management Center’’ 31, 2014; to the Committee on Health, Edu- on Homeland Security and Governmental Af- (CFDA No. 84.373M.) received during adjourn- cation, Labor, and Pensions. fairs. ment of the Senate in the Office of the Presi- EC–6807. A communication from the Chief EC–6816. A communication from the Chair- dent of the Senate on August 28, 2014; to the of the Border Security Regulations Branch, man, Merit Systems Protection Board, Committee on Health, Education, Labor, and Customs and Border Protection, Department transmitting, pursuant to law, a report enti- Pensions. of Homeland Security, transmitting, pursu- tled ‘‘Veteran Hiring in the Civil Service: EC–6800. A communication from the Acting ant to law, the report of a rule entitled Practices and Perceptions’’; to the Com- Assistant General Counsel for Regulatory ‘‘Technical Amendment to the List of CBP mittee on Homeland Security and Govern- Services, Office of Special Education and Re- Preclearance Offices in Foreign Countries: mental Affairs. habilitative Services, Department of Edu- Addition of Abu Dhabi, United Arab Emir- EC–6817. A communication from the Assist- cation, transmitting, pursuant to law, the ates’’ (CBP Dec. 14–09) received during ad- ant Attorney General, Office of Legislative report of a rule entitled ‘‘Final Priority; Re- journment of the Senate in the Office of the Affairs, Department of Justice, transmit- habilitation Training: Rehabilitation Long- President of the Senate on August 11, 2014; to ting, pursuant to law, a report on the De- Term Training Program—Rehabilitation the Committee on Homeland Security and partment’s activities during calendar year Specialty Areas’’ ((34 CFR Chapter III) Governmental Affairs. 2013 relative to the Equal Credit Opportunity (Docket No. ED–2014–OSERS–0068)) received EC–6808. A communication from the Direc- Act; to the Committee on the Judiciary. during adjournment of the Senate in the Of- tor of the Office of Personnel Management, EC–6818. A communication from the Chief fice of the President of the Senate on August transmitting, pursuant to law, the report of of the Office of Regulatory Affairs, Bureau of 28, 2014; to the Committee on Health, Edu- a rule entitled ‘‘Nondiscrimination Provi- Alcohol, Tobacco, Firearms, and Explosives, cation, Labor, and Pensions. sions’’ (RIN3206–AM77) received during ad- Department of Justice, transmitting, pursu- EC–6801. A communication from the Acting journment of the Senate in the Office of the ant to law, the report of a rule entitled Assistant General Counsel for Regulatory President of the Senate on August 14, 2014; to ‘‘Elimination of Firearms Transaction Services, Office of Special Education and Re- the Committee on Homeland Security and Record, ATF Form 4473 (Low Volume) habilitative Services, Department of Edu- Governmental Affairs. (2008R–21P)’’ (RIN1140–AA34) received during cation, transmitting, pursuant to law, the EC–6809. A communication from the Direc- adjournment of the Senate in the Office of report of a rule entitled ‘‘Final Priorities; tor of the Office of Personnel Management, the President of the Senate on August 11, Rehabilitation Services Administration—Ca- transmitting, pursuant to law, the report of 2014; to the Committee on the Judiciary. pacity Building Program for Traditionally a rule entitled ‘‘Phased Retirement’’ EC–6819. A communication from the Li- Underserved Populations—Vocational Reha- (RIN3206–AM71) received during adjournment brarian of Congress, transmitting, pursuant bilitation Training Institute for the Prepara- of the Senate in the Office of the President to law, the Annual Report of the Librarian of tion of Personnel in American Indian Voca- of the Senate on August 14, 2014; to the Com- Congress for fiscal year 2013; to the Com- tional Rehabilitation Services Projects’’ mittee on Homeland Security and Govern- mittee on Rules and Administration. ((CFDA No. 84.315C.) (Docket No. ED–2014– mental Affairs. EC–6820. A communication from the Assist- OSERS–0024)) received during adjournment EC–6810. A communication from the Asso- ant Attorney General, Office of Legislative of the Senate in the Office of the President ciate General Counsel for General Law, De- Affairs, Department of Justice, transmit- of the Senate on August 28, 2014; to the Com- partment of Homeland Security, transmit- ting, pursuant to law, a report entitled ‘‘Uni- mittee on Health, Education, Labor, and ting, pursuant to law, a report relative to a formed Services Employment and Reemploy- Pensions. vacancy in the position of Chief Financial ment Rights Act of 1994 (USERRA) Quarterly EC–6802. A communication from the Acting Officer, Department of Homeland Security, Report to Congress; Third Quarter of Fiscal Assistant General Counsel for Regulatory received in the Office of the President of the Year 2014’’; to the Committee on Veterans’ Services, Office of Special Education and Re- Senate on August 1, 2014; to the Committee Affairs. habilitative Services, Department of Edu- on Homeland Security and Governmental Af- EC–6821. A communication from the Chief cation, transmitting, pursuant to law, the fairs. of the Regulation Policy and Management report of a rule entitled ‘‘Final Priority. Re- EC–6811. A communication from the Asso- Office of the General Counsel, Veterans Ben- habilitation Training: Job-Driven Voca- ciate General Counsel for General Law, De- efits Administration, Department of Vet- tional Rehabilitation Technical Assistance partment of Homeland Security, transmit- erans Affairs, transmitting, pursuant to law, Center’’ (CFDA No. 84.264A.) received during ting, pursuant to law, a report relative to a the report of a rule entitled adjournment of the Senate in the Office of vacancy in the position of Deputy Adminis- ‘‘Servicemembers’ Group Life Insurance— the President of the Senate on August 28, trator, Federal Emergency Management Veterans’ Group Life Insurance Regulation 2014; to the Committee on Health, Education, Agency, Department of Homeland Security, Update—ABO, VGLI Application, SGLI 2- Labor, and Pensions. received in the Office of the President of the Year Disability Extension’’ (RIN2900–AO74)

VerDate Mar 15 2010 04:21 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.011 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5434 CONGRESSIONAL RECORD — SENATE September 9, 2014 received in the Office of the President of the By Mr. LEAHY (for himself, Mr. SAND- Monitor and Combat Trafficking of the Senate on July 31, 2014; to the Committee on ERS, Mr. REID, Mr. MCCONNELL, Mr. Department of State the Bureau to Veterans’ Affairs. ALEXANDER, Ms. AYOTTE, Ms. BALD- Monitor and Combat Trafficking in EC–6822. A communication from the Direc- WIN, Mr. BARRASSO, Mr. BEGICH, Mr. Persons and to provide for an Assistant tor of the Regulation Policy and Manage- BENNET, Mr. BLUMENTHAL, Mr. ment Office of the General Counsel, Veterans BLUNT, Mr. BOOKER, Mr. BOOZMAN, Secretary to head such Bureau, and for Benefits Administration, Department of Vet- Mrs. BOXER, Mr. BROWN, Mr. BURR, other purposes. erans Affairs, transmitting, pursuant to law, Ms. CANTWELL, Mr. CARDIN, Mr. CAR- S. 1251 the report of a rule entitled ‘‘Schedule for PER, Mr. CASEY, Mr. CHAMBLISS, Mr. At the request of Mr. REED, the name Rating Disabilities—Mental Disorders and COATS, Mr. COBURN, Mr. COCHRAN, Ms. of the Senator from North Carolina Definition of Psychosis for Certain VA Pur- COLLINS, Mr. COONS, Mr. CORKER, Mr. (Mrs. HAGAN) was added as a cosponsor poses’’ (RIN2900–AO96) received in the Office CORNYN, Mr. CRAPO, Mr. CRUZ, Mr. of S. 1251, a bill to establish programs of the President of the Senate on July 31, DONNELLY, Mr. DURBIN, Mr. ENZI, 2014; to the Committee on Veterans’ Affairs. Mrs. FEINSTEIN, Mrs. FISCHER, Mr. with respect to childhood, adolescent, EC–6823. A communication from the Direc- FLAKE, Mr. FRANKEN, Mrs. GILLI- and young adult cancer. tor of the Regulation Policy and Manage- BRAND, Mr. GRAHAM, Mr. GRASSLEY, S. 1495 ment Office of the General Counsel, Veterans Mrs. HAGAN, Mr. HARKIN, Mr. HATCH, At the request of Mr. CASEY, the Benefits Administration, Department of Vet- Mr. HEINRICH, Ms. HEITKAMP, Mr. name of the Senator from New Jersey erans Affairs, transmitting, pursuant to law, HELLER, Ms. HIRONO, Mr. HOEVEN, Mr. (Mr. BOOKER) was added as a cosponsor the report of a rule entitled INHOFE, Mr. ISAKSON, Mr. JOHANNS, ‘‘Servicemembers’ Group Life Insurance and Mr. JOHNSON of Wisconsin, Mr. JOHN- of S. 1495, a bill to direct the Adminis- Veterans’ Group Life Insurance Information SON of South Dakota, Mr. KAINE, Mr. trator of the Federal Aviation Admin- Access’’ (RIN2900–AO42) received during ad- KING, Mr. KIRK, Ms. KLOBUCHAR, Ms. istration to issue an order with respect journment of the Senate in the Office of the LANDRIEU, Mr. LEE, Mr. LEVIN, Mr. to secondary cockpit barriers, and for President of the Senate on August 14, 2014; to MANCHIN, Mr. MARKEY, Mr. MCCAIN, other purposes. the Committee on Veterans’ Affairs. Mrs. MCCASKILL, Mr. MENENDEZ, Mr. S. 1628 EC–6824. A communication from the Execu- MERKLEY, Ms. MIKULSKI, Mr. MORAN, ERKLEY tive Director, Office of Compliance, trans- Ms. MURKOWSKI, Mr. MURPHY, Mrs. At the request of Mr. M , the mitting, pursuant to the Congressional Ac- MURRAY, Mr. NELSON, Mr. PAUL, Mr. name of the Senator from Oregon (Mr. countability Act, a report relative to pro- PORTMAN, Mr. PRYOR, Mr. REED, Mr. WYDEN) was added as a cosponsor of S. posed procedural rulemaking; to the Com- RISCH, Mr. ROBERTS, Mr. ROCKE- 1628, a bill to provide Federal death and mittee on Homeland Security and Govern- FELLER, Mr. RUBIO, Mr. SCHATZ, Mr. disability benefits for contractors who mental Affairs. SCHUMER, Mr. SCOTT, Mr. SESSIONS, serve as firefighters of the Forest Serv- EC–6825. A communication from the Execu- Mrs. SHAHEEN, Mr. SHELBY, Ms. STA- ice, Department of the Interior agen- tive Director, Office of Compliance, trans- BENOW, Mr. TESTER, Mr. THUNE, Mr. cies, or any State or local entity. mitting, pursuant to the Congressional Ac- TOOMEY, Mr. UDALL of Colorado, Mr. countability Act, a report relative to pro- UDALL of New Mexico, Mr. VITTER, S. 1695 posed rulemaking; to the Committee on Mr. WALSH, Mr. WARNER, Ms. WAR- At the request of Ms. CANTWELL, the Homeland Security and Governmental Af- REN, Mr. WHITEHOUSE, Mr. WICKER, names of the Senator from Colorado fairs. and Mr. WYDEN): (Mr. BENNET) and the Senator from f S. Res. 539. A resolution relative to the Connecticut (Mr. BLUMENTHAL) were death of James M. Jeffords, former United added as cosponsors of S. 1695, a bill to INTRODUCTION OF BILLS AND States Senator for the State of Vermont; JOINT RESOLUTIONS considered and agreed to. designate a portion of the Arctic Na- tional Wildlife Refuge as wilderness. The following bills and joint resolu- f S. 1739 tions were introduced, read the first ADDITIONAL COSPONSORS At the request of Mr. HOEVEN, the and second times by unanimous con- S. 375 name of the Senator from Wyoming sent, and referred as indicated: At the request of Mr. TESTER, the (Mr. BARRASSO) was added as a cospon- By Mr. MCCONNELL: name of the Senator from New Hamp- sor of S. 1739, a bill to modify the effi- S. 2780. A bill to direct the Secretary of the ciency standards for grid-enabled water Interior to conduct a special resource study shire (Ms. AYOTTE) was added as a co- to evaluate the significance of the Mill sponsor of S. 375, a bill to require Sen- heaters. Springs Battlefield located in Pulaski and ate candidates to file designations, S. 2156 Wayne Counties, Kentucky, and the feasi- statements, and reports in electronic At the request of Mr. VITTER, the bility of its inclusion in the National Park form. name of the Senator from Kentucky System, and for other purposes; to the Com- S. 641 (Mr. PAUL) was added as a cosponsor of mittee on Energy and Natural Resources. S. 2156, a bill to amend the Federal By Mr. GRASSLEY (for himself and At the request of Mr. WYDEN, the Mrs. MCCASKILL): name of the Senator from Minnesota Water Pollution Control Act to con- S. 2781. A bill to improve student and ex- (Mr. FRANKEN) was added as a cospon- firm the scope of the authority of the change visitor visa programs; to the Com- sor of S. 641, a bill to amend the Public Administrator of the Environmental mittee on the Judiciary. Health Service Act to increase the Protection Agency to deny or restrict By Mr. SANDERS (for himself and Mr. number of permanent faculty in pallia- the use of defined areas as disposal BLUMENTHAL): tive care at accredited allopathic and sites. S. 2782. A bill to amend title 36, United osteopathic medical schools, nursing S. 2223 States Code, to improve the Federal charter for the Veterans of Foreign Wars of the schools, and other programs, to pro- At the request of Mr. HARKIN, the United States, and for other purposes; to the mote education in palliative care and name of the Senator from Colorado Committee on the Judiciary. hospice, and to support the develop- (Mr. UDALL) was added as a cosponsor f ment of faculty careers in academic of S. 2223, a bill to provide for an in- palliative medicine. crease in the Federal minimum wage SUBMISSION OF CONCURRENT AND S. 1088 and to amend the Internal Revenue SENATE RESOLUTIONS At the request of Mr. FRANKEN, the Code of 1986 to extend increased ex- The following concurrent resolutions name of the Senator from New Jersey pensing limitations and the treatment and Senate resolutions were read, and (Mr. MENENDEZ) was added as a cospon- of certain real property as section 179 referred (or acted upon), as indicated: sor of S. 1088, a bill to end discrimina- property. By Mrs. SHAHEEN (for herself, Ms. tion based on actual or perceived sex- S. 2258 AYOTTE, Mr. NELSON, Mr. RUBIO, and ual orientation or gender identity in At the request of Mr. BEGICH, the Mr. MENENDEZ): public schools, and for other purposes. name of the Senator from Arkansas S. Res. 538. A resolution expressing the S. 1249 (Mr. PRYOR) was added as a cosponsor condolences of the Senate to the families of James Foley and Steven Sotloff, and con- At the request of Mr. BLUMENTHAL, of S. 2258, a bill to provide for an in- demning the terrorist acts of the Islamic the name of the Senator from Iowa crease, effective December 1, 2014, in State of Iraq and the Levant; considered and (Mr. HARKIN) was added as a cosponsor the rates of compensation for veterans agreed to. of S. 1249, a bill to rename the Office to with service-connected disabilities and

VerDate Mar 15 2010 04:21 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.013 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5435 the rates of dependency and indemnity sponsors of S. 2694, a bill to amend title S. 2780 compensation for the survivors of cer- XIX of the Social Security Act to ex- Be it enacted by the Senate and House of Rep- tain disabled veterans, and for other tend the application of the Medicare resentatives of the United States of America in purposes. payment rate floor to primary care Congress assembled, SECTION 1. BATTLE OF MILL SPRINGS STUDY. S. 2462 services furnished under Medicaid and (a) FINDINGS.—Congress finds as follows: At the request of Mr. THUNE, the to apply the rate floor to additional (1) In 1994, the Mills Springs Battlefield in name of the Senator from New Hamp- providers of primary care services. Pulaski and Wayne Counties in Kentucky shire (Ms. AYOTTE) was added as a co- S. 2706 was designated as a National Historic Land- sponsor of S. 2462, a bill to amend the At the request of Mr. ENZI, the names mark by the Department of the Interior. Internal Revenue Code of 1986 to ex- of the Senator from Arkansas (Mr. (2) The Battle of Mill Springs was the first empt certain educational institutions significant Union victory in the western the- BOOZMAN) and the Senator from Ala- ater of the Civil War. from the employer health insurance bama (Mr. SESSIONS) were added as co- (3) The outcome of the Battle of Mill mandate. sponsors of S. 2706, a bill to ensure that Springs, along with Union victories at Fort S. 2496 organizations with religious or moral Henry and Fort Donelson paved the way for At the request of Mr. BARRASSO, the convictions are allowed to continue to a major battle at Shiloh, Tennessee. name of the Senator from Alabama provide services for children. (4) In 1991, the National Park Service placed the Mill Springs Battlefield on a list (Mr. SHELBY) was added as a cosponsor S. 2709 of endangered battlefields, noting the impact of S. 2496, a bill to preserve existing At the request of Mr. MANCHIN, the of this battle to the course of the Civil War. rights and responsibilities with respect name of the Senator from Maine (Mr. (5) In 1992, the Mill Springs Battlefield As- to waters of the United States. KING) was added as a cosponsor of S. sociation formed, and utilizing Federal, S. 2545 2709, a bill to extend and reauthorize State, and local support has managed to pre- At the request of Ms. AYOTTE, the the Export-Import Bank of the United serve important tracts of the battlefield, name of the Senator from Minnesota States, and for other purposes. construct an interactive visitor center, and educate the public about this historic event. (Ms. KLOBUCHAR) was added as a co- S. 2710 (6) There is strong community interest in sponsor of S. 2545, a bill to require the At the request of Mr. THUNE, the incorporating the Mill Springs Battlefield Secretary of Veterans Affairs to revoke name of the Senator from Kansas (Mr. into the National Park Service. bonuses paid to employees involved in MORAN) was added as a cosponsor of S. (7) The Mill Springs Battlefield Associa- electronic wait list manipulations, and 2710, a bill to amend the Internal Rev- tion has expressed its desire to give the pre- for other purposes. enue Code of 1986 to exempt private served battlefield as a gift to the United States. S. 2591 foundations from the tax on excess (b) DEFINITIONS.—For purposes of this Act: At the request of Mr. RUBIO, the business holdings in the case of certain (1) MILL SPRINGS BATTLEFIELD.—The term name of the Senator from Maine (Ms. philanthropic enterprises which are ‘‘Mill Springs Battlefield’’ means the area COLLINS) was added as a cosponsor of S. independently supervised, and for other encompassed by the National Historic Land- 2591, a bill to authorize the Secretary purposes. mark designations relating to the 1862 Battle of Mill Springs located in the counties of Pu- of State and the Administrator of the S. 2714 United States Agency for International laski and Wayne in Kentucky. At the request of Mr. BLUNT, the (2) SECRETARY.—The term ‘‘Secretary’’ Development to provide assistance to names of the Senator from Ohio (Mr. means the Secretary of the Interior. support the rights of women and girls BROWN) and the Senator from Nebraska (c) STUDY.—Not later than 3 years from the in developing countries, and for other (Mr. JOHANNS) were added as cospon- date funds are made available, the Secretary purposes. sors of S. 2714, a bill to require the Sec- shall conduct a special resource study to evaluate the significance of the Mill Springs S. 2643 retary of the Treasury to mint coins in Battlefield in Kentucky, and the feasibility At the request of Mr. BOOKER, the commemoration of the centennial of of its inclusion in the National Park System. name of the Senator from Maryland World War I. (d) CRITERIA FOR STUDY.—The Secretary (Mr. CARDIN) was added as a cosponsor S. 2732 shall conduct the study authorized by this Act in accordance with 8(b) of Public Law 91– of S. 2643, a bill to require a report by At the request of Mr. TOOMEY, the the Federal Communications Commis- 383 (16 U.S.C. 1a–5(b)). name of the Senator from South Da- (e) CONTENT OF STUDY.—The study shall in- sion on designated market areas. kota (Mr. THUNE) was added as a co- clude an analysis of the following: S. 2646 sponsor of S. 2732, a bill to increase (1) The significance of the Battle of Mill At the request of Mr. LEAHY, the from $10,000,000,000 to $50,000,000,000 the Springs to the outcome of the Civil War. name of the Senator from New York threshold figure at which regulated de- (2) Opportunities for public education (Mr. SCHUMER) was added as a cospon- pository institutions are subject to di- about the Civil War in Kentucky. sor of S. 2646, a bill to reauthorize the rect examination and reporting re- (3) Operational issues that should be con- Runaway and Homeless Youth Act, and sidered if the National Park System were to quirements of the Bureau of Consumer incorporate the Mill Springs Battlefield. for other purposes. Financial Protection, and for other (4) The feasibility of administering the S. 2650 purposes. Mill Springs Battlefield considering its size, configuration, and other factors, to include At the request of Mr. CORKER, the f name of the Senator from Missouri an annual cost estimate. (Mr. BLUNT) was added as a cosponsor STATEMENTS ON INTRODUCED (5) The economic, educational, and other of S. 2650, a bill to provide for congres- BILLS AND JOINT RESOLUTIONS impacts the inclusion of Mill Springs Battle- field into the National Park System would sional review of agreements relating to By Mr. MCCONNELL: have on the surrounding communities in Pu- Iran’s nuclear program, and for other S. 2780. A bill to direct the Secretary laski and Wayne Counties. purposes. of the Interior to conduct a special re- (6) The effect of the designation of the Mill S. 2655 source study to evaluate the signifi- Springs Battlefield as a unit of the National At the request of Ms. KLOBUCHAR, the cance of the Mill Springs Battlefield Park System on— names of the Senator from Ohio (Mr. (A) existing commercial and recreational located in Pulaski and Wayne Coun- activities, including by not limited to hunt- BROWN) and the Senator from Cali- ties, Kentucky, and the feasibility of ing, fishing, and recreational shooting, and fornia (Mrs. BOXER) were added as co- its inclusion in the National Park Sys- on the authorization, construction, oper- sponsors of S. 2655, a bill to reauthorize tem, and for other purposes; to the ation, maintenance, or improvement of en- the Young Women’s Breast Health Edu- Committee on Energy and Natural Re- ergy production and transmission infrastruc- cation and Awareness Requires Learn- sources. ture; and ing Young Act of 2009. Mr. MCCONNELL. Mr. President, I (B) the authority of State and local gov- ernments to manage those activities. S. 2694 ask unanimous consent that the text of (7) The identification of any authorities, At the request of Mr. BROWN, the the bill be printed in the RECORD. including condemnation, that will compel or names of the Senator from California There being no objection, the text of permit the Secretary to influence or partici- (Mrs. BOXER) and the Senator from Ha- the bill was ordered to be printed in pate in local land use decisions (such as zon- waii (Mr. SCHATZ) were added as co- the RECORD, as follows: ing) or place restrictions on non-Federal

VerDate Mar 15 2010 05:53 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.004 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5436 CONGRESSIONAL RECORD — SENATE September 9, 2014 lands if the Mill Springs Battlefield is des- (5) demands the immediate and uncondi- Whereas James M. Jeffords held a lifetime ignated a unit of the National Park System. tional release of all hostages being held by voting percentage of 96.2, casting over 5,800 (f) NOTIFICATION OF PRIVATE PROPERTY ISIL; and votes over 18 years; OWNERS.—Upon commencement of the study, (6) calls on the United States and the Whereas James M. Jeffords served as the owners of private property adjacent to the international community, working in part- Chairman of the Committee on Labor and battlefield will be notified of the study’s nership with the governments and citizens of Human Resources, the Committee on Health, commencement and scope. the Middle East, to address the threat posed Education, Labor, and Pensions, and the (g) SUBMISSION OF REPORT.—Upon comple- by ISIL. Committee on Environment and Public tion of the study, the Secretary shall submit SEC. 2. RULE OF CONSTRUCTION. Works: Now, therefore, be it a report on the findings of the study to the Nothing in this resolution shall be con- Resolved, That the Senate has heard with Committee on Natural Resources of the strued as a declaration of war or authoriza- profound sorrow and deep regret the an- House of Representatives and to the Com- tion to use force. nouncement of the death of the Honorable mittee on Energy and Natural Resources of f James M. Jeffords, former member of the the Senate. United States Senate. f SENATE RESOLUTION 539—REL- Resolved, That the Secretary of the Senate ATIVE TO THE DEATH OF JAMES SUBMITTED RESOLUTIONS communicate these resolutions to the House M. JEFFORDS, FORMER UNITED of Representatives and transmit an enrolled STATES SENATOR FOR THE copy thereof to the family of the deceased. SENATE RESOLUTION 538—EX- STATE OF VERMONT Resolved, That when the Senate adjourns PRESSING THE CONDOLENCES OF Mr. LEAHY (for himself, Mr. SAND- today, it stand adjourned as a further mark of respect to the memory of the Honorable ERS, Mr. REID of Nevada, Mr. MCCON- THE SENATE TO THE FAMILIES James M. Jeffords. OF JAMES FOLEY AND STEVEN NELL, Mr. ALEXANDER, Ms. AYOTTE, Ms. SOTLOFF, AND CONDEMNING BALDWIN, Mr. BARRASSO, Mr. BEGICH, f THE TERRORIST ACTS OF THE Mr. BENNET, Mr. BLUMENTHAL, Mr. ISLAMIC STATE OF IRAQ AND BLUNT, Mr. BOOKER, Mr. BOOZMAN, Mrs. THE LEVANT BOXER, Mr. BROWN, Mr. BURR, Ms. AMENDMENTS SUBMITTED AND CANTWELL, Mr. CARDIN, Mr. CARPER, PROPOSED Mrs. SHAHEEN (for herself, Ms. Mr. CASEY, Mr. CHAMBLISS, Mr. COATS, AYOTTE, Mr. NELSON, Mr. RUBIO, and SA 3787. Mr. COBURN submitted an Mr. COBURN, Mr. COCHRAN, Ms. COLLINS, Mr. MENENDEZ) submitted the fol- amendment intended to be proposed by him Mr. COONS, Mr. CORKER, Mr. CORNYN, lowing resolution; which was consid- to the joint resolution S.J. Res. 19, proposing Mr. CRAPO, Mr. CRUZ, Mr. DONNELLY, an amendment to the Constitution of the ered and agreed to: Mr. DURBIN, Mr. ENZI, Mrs. FEINSTEIN, United States relating to contributions and S. RES. 538 Mrs. FISCHER, Mr. FLAKE, Mr. expenditures intended to affect elections; Whereas James Foley and Steven Sotloff FRANKEN, Mrs. GILLIBRAND, Mr. GRA- which was ordered to lie on the table. were highly respected journalists whose in- HAM, Mr. GRASSLEY, Mrs. HAGAN, Mr. SA 3788. Mr. MORAN submitted an amend- tegrity and dedication were a credit to their HARKIN, Mr. HATCH, Mr. HEINRICH, Ms. ment intended to be proposed by him to the profession; bill S. 2410, to authorize appropriations for HEITKAMP, Mr. HELLER, Ms. HIRONO, Whereas James Foley and Steven Sotloff fiscal year 2015 for military activities of the embodied the spirit of our Nation’s First Mr. HOEVEN, Mr. INHOFE, Mr. ISAKSON, Department of Defense, for military con- Amendment liberties, including the freedom Mr. JOHANNS, Mr. JOHNSON of Wis- struction, and for defense activities of the of the press; consin, Mr. JOHNSON of South Dakota, Department of Energy, to prescribe military Whereas James Foley and Steven Sotloff Mr. KAINE, Mr. KING, Mr. KIRK, Ms. personnel strengths for such fiscal year, and made significant contributions to our Nation KLOBUCHAR, Ms. LANDRIEU, Mr. LEE, for other purposes; which was ordered to lie through their courageous reporting of events Mr. LEVIN, Mr. MANCHIN, Mr. MARKEY, on the table. in Libya, Syria, and elsewhere; Mr. MCCAIN, Mrs. MCCASKILL, Mr. SA 3789. Mrs. HAGAN submitted an amend- Whereas the Islamic State of Iraq and the MENENDEZ, Mr. MERKLEY, Ms. MIKUL- ment intended to be proposed by her to the Levant (ISIL) is a terrorist organization re- bill S. 2410, supra; which was ordered to lie SKI, Mr. MORAN, Ms. MURKOWSKI, Mr. sponsible for committing barbaric acts on the table. against United States citizens; MURPHY, Mrs. MURRAY, Mr. NELSON, Whereas ISIL continues to hold hostages in Mr. PAUL, Mr. PORTMAN, Mr. PRYOR, f blatant contravention of international law; Mr. REED of Rhode Island, Mr. RISCH, Whereas ISIL has committed despicable Mr. ROBERTS, Mr. ROCKEFELLER, Mr. acts of violence against Iraqi Christians, RUBIO, Mr. SCHATZ, Mr. SCHUMER, Mr. TEXT OF AMENDMENTS forcing many to flee their ancient homeland; SCOTT, Mr. SESSIONS, Mrs. SHAHEEN, Whereas ISIL has committed despicable SA 3787. Mr. COBURN submitted an acts of violence against Muslims who do not Mr. SHELBY, Ms. STABENOW, Mr. amendment intended to be proposed by subscribe to ISIL’s depraved, violent, and op- TESTER, Mr. THUNE, Mr. TOOMEY, Mr. him to the joint resolution S.J. Res. 19, pressive ideology; UDALL of Colorado, Mr. UDALL of New proposing an amendment to the Con- Whereas ISIL has threatened to decimate Mexico, Mr. VITTER, Mr. WALSH, Mr. stitution of the United States relating the ancient Yazidi population of Iraq while WARNER, Ms. WARREN, Mr. WHITE- to contributions and expenditures in- abducting Yazidi women and children and HOUSE, Mr. WICKER, and Mr. WYDEN) tended to affect elections; which was subjecting them to rape, forced marriage, submitted the following resolution; ordered to lie on the table; as follows: and slavery; which was considered and agreed to: Whereas ISIL has targeted many other re- Strike all after the resolving clause and in- ligious and ethnic minority groups, includ- S. RES. 539 sert the following: ing Turkmen populations; and Whereas James M. Jeffords was born in the That the following article is proposed as an Whereas ISIL threatens to conduct ter- state of Vermont, and graduated Yale Uni- amendment to the Constitution of the rorist attacks internationally: Now, there- versity and Harvard Law School; United States, which shall be valid to all in- fore, be it Whereas James M. Jeffords served in the tents and purposes as part of the Constitu- Resolved, United States Navy from 1956 to 1959 and tion when ratified by the legislatures of SECTION 1. SENSE OF THE SENATE. later in the Naval Reserve, retiring as cap- three-fourths of the several States within The Senate— tain; seven years after the date of its submission (1) strongly condemns the terrorist acts of Whereas James M. Jeffords began his serv- by the Congress: ISIL, including the barbaric and deplorable ice to his beloved state of Vermont by serv- murders of James Foley and Steven Sotloff; ing in the Vermont Senate from 1967 to 1968 ‘‘ARTICLE — (2) mourns the deaths of James Foley and and as Vermont Attorney General from 1969 ‘‘SECTION 1. No person who has served 3 Steven Sotloff and expresses its condolences to 1973; terms as a Representative shall be eligible to their families; Whereas James M. Jeffords was first elect- for election to the House of Representatives. (3) salutes James Foley and Steven Sotloff ed to the United States House of Representa- For purposes of this section, the election of for their unwavering and courageous pursuit tives in 1974 and served seven terms as Rep- a person to fill a vacancy in the House of of journalistic excellence under the most dif- resentative from the State of Vermont; Representatives shall be included as 1 term ficult and dangerous of conditions; Whereas in 1988, James M. Jeffords was in determining the number of terms that (4) supports efforts to vigorously pursue first elected to the United States Senate and such person has served as a Representative if and bring to justice those responsible for the faithfully served the people of the State of the person fills the vacancy for more than 1 murders of James Foley and Steven Sotloff; Vermont for three terms as a Senator; year.

VerDate Mar 15 2010 04:21 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.005 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5437 ‘‘SECTION 2. No person who has served 2 on Indian Affairs will meet during the COMMITTEE ON THE JUDICIARY terms as a Senator shall be eligible for elec- session of the Senate on Wednesday, Mr. FRANKEN. Mr. President, I ask tion or appointment to the Senate. For pur- September 10, 2014, in room SD–628 of unanimous consent that the Com- poses of this section, the election or appoint- the Dirksen Senate Office Building, at mittee on the Judiciary be authorized ment of a person to fill a vacancy in the Sen- ate shall be included as 1 term in deter- 2:30 p.m., to conduct an oversight hear- to meet during the session of the Sen- mining the number of terms that such per- ing to receive testimony on ‘‘Irrigation ate, on September 9, 2014, at 10 a.m., in son has served as a Senator if the person fills Projects in Indian Country.’’ Those room SD–226 of the Dirksen Senate Of- the vacancy for more than 3 years. wishing additional information may fice Building, to conduct a hearing en- ‘‘SECTION 3. No term beginning before the contact the Indian Affairs Committee titled ‘‘Judicial Nominations.’’ date of the ratification of this article shall at (202) 224–2251. The PRESIDING OFFICER. Without be taken into account in determining eligi- objection, it is so ordered. bility for election or appointment under this f article.’’. AUTHORITY FOR COMMITTEES TO COMMITTEE ON VETERANS’ AFFAIRS MEET Mr. FRANKEN. Mr. President, I ask SA 3788. Mr. MORAN submitted an unanimous consent that the Com- amendment intended to be proposed by COMMITTEE ON BANKING, HOUSING, AND URBAN mittee on Veterans’ Affairs be author- AFFAIRS him to the bill S. 2410, to authorize ap- ized to meet during the session of the Mr. FRANKEN. Mr. President, I ask propriations for fiscal year 2015 for Senate on September 9, 2014, at 10 a.m. unanimous consent that the Com- military activities of the Department in room SH–216 of the Hart Senate Of- mittee on Banking, Housing, and of Defense, for military construction, fice Building to conduct a hearing enti- Urban Affairs be authorized to meet and for defense activities of the De- tled ‘‘The State of VA Health Care.’’ during the session of the Senate on partment of Energy, to prescribe mili- The PRESIDING OFFICER. Without September 9, 2014, at 10 a.m. to conduct tary personnel strengths for such fiscal objection, it is so ordered. a hearing entitled ‘‘Wall Street Re- year, and for other purposes; which was SELECT COMMITTEE ON INTELLIGENCE ordered to lie on the table; as follows: form: Assessing and Enhancing the Fi- nancial Regulatory System.’’ Mr. FRANKEN. Mr. President, I ask At the end of subtitle D of title XVI, add The PRESIDING OFFICER. Without unanimous consent that the Select the following: objection, it is so ordered. Committee on Intelligence be author- SEC. 1647. ALIGNMENT AND OPERATIONAL RE- ized to meet during the session of the PORTING OF CYBER RED TEAMS OF COMMITTEE ON ENVIRONMENT AND PUBLIC AIR NATIONAL GUARD. WORKS Senate on September 9, 2014, at 2:30 (a) DETERMINATION.— Mr. FRANKEN. Mr. President, I ask p.m. (1) IN GENERAL.—Not later than 90 days unanimous consent that the Com- The PRESIDING OFFICER. Without after the date of the enactment of this Act, mittee on Environment and Public objection, it is so ordered. the Secretary of Defense shall determine the Works be authorized to meet during f appropriate alignment and operational re- porting for the personnel and capacity of the the session of the Senate of September PRIVILEGES OF THE FLOOR 9, 2014, at 10 a.m. in room SD–406 of the cyber red teams of the Air National Guard of Mr. LEE. Mr. President, I ask unani- the United States. Dirksen Senate Office Building. (2) ANALYSIS.—The determination required The PRESIDING OFFICER. Without mous consent that Benji McMurray, a by paragraph (1) shall include an analysis re- objection, it is so ordered. detailee in my office from the Federal garding the rebalance of personnel or capac- COMMITTEE ON FOREIGN RELATIONS Public Defender’s Office in Salt Lake ity of the cyber red teams of the Air Na- Mr. FRANKEN. Mr. President, I ask City, be granted floor privileges during tional Guard of the United States with re- unanimous consent that the Com- the duration of the debate on Senate spect to cyber red team requirements of the Joint Resolution 19. Air Force, cyber team requirements of the mittee on Foreign Relations be author- ized to meet during the session of the The PRESIDING OFFICER. Without United States Cyber Command, and assimila- objection, it is so ordered. tion into the cyber mission force of the De- Senate on September 9, 2014, at 4 p.m., partment of Defense. to hold a hearing entitled, ‘‘CLOSED/ Ms. HIRONO. Mr. President, I ask (b) LIMITATION.—The Secretary may not re- TS/SCI: Arms Control Compliance unanimous consent that privileges of duce or rebalance the personnel or capacity Issues.’’ the floor be granted to the following of the cyber red teams of the Air National The PRESIDING OFFICER. Without member of my staff, Maeve Whelan- Guard of the United States unless the Sec- objection, it is so ordered. Wuest, for the duration of today, Sep- retary submits to the congressional defense tember 9, 2014. COMMITTEE ON HEALTH, EDUCATION, LABOR, committees a certification that— The PRESIDING OFFICER. Without (1) the capabilities to be reduced or rebal- AND PENSIONS anced are not required by components of the Mr. FRANKEN. Mr. President, I ask objection, it is so ordered. Department of Defense that use cyber red unanimous consent that the Com- f team capabilities; or mittee on Health, Education, Labor, NOTICE OF PROPOSED RULE- (2) based on the findings of the Secretary and Pensions be authorized to meet, MAKING (‘‘NPRM’’), AND RE- with respect to the determination made during the session of the Senate, on under subsection (a), such capabilities will QUEST FOR COMMENTS FROM be retained under an altered operational re- September 9, 2014, at 10 a.m., in room INTERESTED PARTIES porting construct. SD–430 of the Dirksen Senate Office Building, to conduct a hearing entitled Mr. LEAHY. Mr. President, I ask unanimous consent that the attached SA 3789. Mrs. HAGAN submitted an ‘‘Hearing on the nomination of Sharon documentation from the Office of Com- amendment intended to be proposed by Block to serve as a Member of the Na- pliance be printed in the RECORD. her to the bill S. 2410, to authorize ap- tional Labor Relations Board.’’ There being no objection, the mate- propriations for fiscal year 2015 for The PRESIDING OFFICER. Without rial was ordered to be printed in the military activities of the Department objection, it is so ordered. RECORD, as follows: of Defense, for military construction, COMMITTEE ON HOMELAND SECURITY AND U.S. CONGRESS, GOVERNMENTAL AFFAIRS and for defense activities of the De- OFFICE OF COMPLIANCE, partment of Energy, to prescribe mili- Mr. FRANKEN. Mr. President, I ask Washington, DC, September 9, 2014. tary personnel strengths for such fiscal unanimous consent that the Com- Hon. PATRICK J. LEAHY, year, and for other purposes; which was mittee on Homeland Security and Gov- President Pro Tempore of the Senate, ordered to lie on the table; as follows: ernmental Affairs be authorized to Washington, DC. On page 186, strike line 23 and all that fol- meet during the session of the Senate DEAR MR. PRESIDENT: Section 210(e) of the lows through page 188, line 4. on September 9, 2014, at 10:30 a.m. to Congressional Accountability Act (‘‘CAA’’), 2 conduct a hearing entitled ‘‘Oversight U.S.C. § 1331(e), requires the Board of Direc- f tors of the Office of Compliance (‘‘the of Federal Programs for Equipping NOTICE OF HEARING Board’’) to issue regulations implementing State and Local Law Enforcement Section 210 of the CAA relating to provisions COMMITTEE ON INDIAN AFFAIRS Agencies.’’ of Titles II and III of the Americans with Mr. TESTER. Mr. President, I would The PRESIDING OFFICER. Without Disabilities Act (‘‘ADA’’), 42 U.S.C. §§ 12131– like to announce that the Committee objection, it is so ordered. 12150, 12182, 12183 and 12198, made applicable

VerDate Mar 15 2010 06:47 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.015 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5438 CONGRESSIONAL RECORD — SENATE September 9, 2014 to the legislative branch by the CAA. 2 that provides public services, programs, or for good cause shown and stated together U.S.C. § 1331(b)(1). activities. 2 U.S.C. § 1331(b)(2). with the regulation, that a modification of Section 304(b)(1) of the CAA, 2 U.S.C. Title III of the ADA generally prohibits such regulations would be more effective for § 1384(b)(1), requires that the Board issue a discrimination on the basis of disability by the implementation of the rights and protec- general notice of proposed rulemaking by public accommodations and requires places tions under this section.’’ 2 U.S.C. § 1331(e)(2). transmitting ‘‘such notice to the Speaker of of public accommodation and commercial fa- The CAA does not simply apply to the leg- the House of Representatives and the Presi- cilities to be designed, constructed, and al- islative branch the substantive protections dent pro tempore of the Senate for publica- tered in compliance with accessibility stand- of these laws, and direct that the imple- tion in the Congressional Record on the first ards. Section 225(f) of the CAA provides that, menting regulations essentially mirror those day on which both Houses are in session fol- ‘‘[e]xcept where inconsistent with definitions of the executive branch. The statute further lowing such transmittal.’’ and exemptions provided in this Act, the provides that, while the CAA rulemaking On behalf of the Board, I am hereby trans- definitions and exemptions of the [ADA] procedure is underway, the corresponding ex- mitting the attached notice of proposed rule- shall apply under this Act.’’ 2 U.S.C. ecutive branch regulations are to be applied. making to the President Pro Tempore of the § 1361(f)(1). Section 411 of the Act provides: Senate. I request that this notice be pub- Section 210(f) of the CAA requires that the ‘‘Effect of failure to issue regulations. lished in the Senate section of the Congres- General Counsel of the Office of Compliance In any proceeding under section 1405, 1406, sional Record on the first day on which both on a regular basis, and at least once each 1407, or 1408 of this title . . . if the Board has Houses are in session following receipt of Congress, conduct periodic inspections of all not issued a regulation on a matter for this transmittal. In compliance with Section covered facilities and report to Congress on which this chapter requires a regulation to 304(b)(2) of the CAA, a comment period of 30 compliance with disability access standards be issued, the hearing officer, Board, or days after the publication of this notice of under section 210. 2 U.S.C. § 1331(f). court, as the case may be, shall apply, to the proposed rulemaking is being provided before Section 210(e) of the CAA requires the extent necessary and appropriate, the most adoption of the rules. Board of Directors of the Office of Compli- relevant substantive executive agency regu- All inquiries regarding this notice should ance (‘‘the Board’’) established under the lation promulgated to implement the statu- be addressed to Barbara J. Sapin, Executive CAA to issue regulations implementing the tory provision at issue in the proceeding.’’ Director of the Office of Compliance, Room section. 2 U.S.C. § 1331(e). Section 210(e) fur- This statutory scheme makes plain that LA–200, 110 2nd Street, S.E., Washington, DC ther states that such regulations ‘‘shall be ADA public access regulations are presently 20540; (202) 724–9250. the same as substantive regulations promul- in force. First, regulations virtually iden- Sincerely, gated by the Attorney General and the Sec- tical to these were adopted by the Board, BARBARA L. CAMENS, retary of Transportation to implement the presented to the House of Representatives Chair of the Board of Directors, statutory provisions referred to in sub- and the Senate on September 19, 1996, and Office of Compliance. section (b) except to the extent that the published on January 7, 1997. 142 Cong. Rec. Board may determine, for good cause shown S10984–11018 and 143 Cong. Rec. S30–66. No ac- FROM THE BOARD OF DIRECTORS OF THE OF- and stated together with the regulation, that tion was taken and thus the regulations were FICE OF COMPLIANCE: NOTICE OF PROPOSED a modification of such regulations would be not issued. As set forth above, in these cir- RULEMAKING (‘‘NPRM’’), AND REQUEST FOR more effective for the implementation of the cumstances the CAA applies ‘‘the most rel- COMMENTS FROM INTERESTED PARTIES. rights and protections under this section.’’ evant substantive executive agency regula- REGULATIONS EXTENDING RIGHTS AND PROTEC- Id. Section 210(e) further provides that the tions,’’ i.e., the Departments of Justice TIONS UNDER THE AMERICANS WITH DISABIL- regulations shall include a method of identi- (‘‘DOJ’’) and Department of Transportation ITIES ACT (‘‘ADA’’) RELATING TO PUBLIC SERV- fying, for purposes of this section and for dif- (‘‘DOT’’) ADA public access regulations. 2 ICES AND ACCOMMODATIONS, NOTICE OF PRO- ferent categories of violations of subsection U.S.C § 1411. POSED RULEMAKING, AS REQUIRED BY 2 U.S.C. (b), the entity responsible for correction of a A contrary interpretation would render § 1331, THE CONGRESSIONAL ACCOUNTABILITY particular violation. 2 U.S.C. § 1331(e). meaningless several sections of the CAA. For ACT OF 1995, AS AMENDED (‘‘CAA’’). Additional authority for proposing these example, Congress directed the AOC and Background: regulations is found in CAA Section 304, other employing offices to conduct an initial The purpose of this Notice is to propose which sets forth the procedure to be followed study of legislative branch facilities from substantive regulations that will implement for the rulemaking process in general, in- January 23, 1995 through December 31, 1996, Section 210 of the CAA, which provides that cluding notice and comment; Board consider- ‘‘to identify any violations of subsection (b) the rights and protections against discrimi- ation of comments and adoption of regula- of [section 210], to determine the costs of nation in the provision of public services and tions; transmittal to the Speaker and Presi- compliance, and to take any necessary cor- accommodation under Titles II and III of the dent Pro Tempore for publication in the Con- rective action to abate any violations.’’ 2 ADA shall apply to entities covered by the gressional Record; and approval by the Con- U.S.C. section 1331(f)(3). Congress instructed CAA. gress. the OOC to assist the employing offices by Are there ADA public access regulations al- What is the authority under the CAA for ‘‘arranging for inspections and other tech- ready in force under the CAA? nical assistance at their request.’’ Id. The these proposed substantive regulations? Yes. The CAA was enacted on January 23, Section 210(b) of the CAA provides that the CAA was enacted on January 23, 1995. No im- 1995. It applied to the legislative branch of rights and protections against discrimina- plementing regulations could have taken ef- the federal government the protections of 12 tion in the provision of public services and fect as of that date. Plainly, Congress in- (now 13) statutes that previously had applied accommodations established by the provi- tended the employing offices and the OOC to to the executive branch and/or the private sions of Titles II and III (sections 201 look to the DOJ and DOT ADA public access sector, including laws providing for family through 230, 302, 303, and 309) of the Ameri- regulations, with which the CAA explicitly and medical leave, prohibiting discrimina- cans With Disabilities Act of 1990, 42 U.S.C. required employing offices to comply, when tion against eligible veterans, and affording §§ 12131–12150, 12182, 12183, and 12189 (‘‘ADA’’) conducting the initial study and abatement labor-management rights and responsibil- shall apply to the following entities: actions. ities, among others. The CAA established the Other sections of the CAA support this (1) each office of the Senate, including Office of Compliance as an independent agen- reading. For example, the CAA requires the each office of a Senator and each committee; cy to administer and enforce the CAA. The (2) each office of the House of Representa- Board to exclude from labor relations regula- OOC administers an administrative dispute tives, including each office of a Member of tions employees of Member offices, Senate resolution system to resolve certain disputes the House of Representatives and each com- and House Legislative Counsel, the Congres- arising under the Act. The General Counsel mittee; sional Budget Office and several other em- of the OOC has independent investigatory (3) each joint committee of the Congress; ploying offices if the Board finds a conflict of and enforcement authority for other viola- (4) the Office of Congressional Accessi- interest or appearance thereof. 2 U.S.C. tions of the Act, including certain portions bility Services; § 1351(e)(1)(B). Where, as here, a statute ex- of the ADA, 42 U.S.C. §§ 12131–12150, 12182, (5) the Capitol Police; plicitly provides for certain regulatory ex- 12183, & 12189. (6) the Congressional Budget Office; emptions, it would be illogical to interpret As set forth in the previous answer, the (7) the Office of the Architect of the Cap- language that expressly provides for regu- CAA requires the Board to issue regulations itol (including the Botanic Garden); latory compliance to mean anything else. implementing the statutory protections pro- (8) the Office of the Attending Physician; When Congress intended to exempt employ- vided by the CAA. See, e.g., CAA Sections and ing offices from regulations, the CAA did so 202(d) (Family and Medical Leave Act of (9) the Office of Compliance. explicitly. 1993), 206(c) (Veterans’ Employment and Re- Why are these regulations being proposed 2 U.S.C. 1331(b). employment), 212 (d) (Federal Service Labor at this time? Title II of the ADA generally prohibits dis- Management Relations Act). 2 U.S.C. sec- As set forth in the previous answer, the crimination on the basis of disability in the tions 1312(d), 1316(c), 1351(d). The Board’s reg- CAA requires employing offices to comply provision of services, programs, or activities ulations ‘‘shall be the same as substantive with ADA public access regulations issued by by any ‘‘public entity’’. Section 210(b)(2) of regulations promulgated by the Attorney the DOJ and DOT pursuant to the ADA. The the CAA defines the term ’’public entity’’ for General and Secretary of Transportation . . . CAA also requires the Board to issue its own Title II purposes as any entity listed above except insofar as the Board may determine, regulations implementing the ADA public

VerDate Mar 15 2010 05:25 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.030 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5439 access provisions of the CAA. The statute ob- adopted in the proposed regulations under 2. Effective communication: This standard ligates the Board’s regulations to be the section 210(e). requires covered entities to make sure that same as the DOJ and DOT regulations except 2. DOJ’s regulations at Part 36 of Title 28 their communications with individuals with to the extent that the Board may determine of the CFR: The DOJ’s regulations at Part 36 disabilities (such as in the context of con- that a modification would be more effective implement Title III of the ADA (sections 301 stituent meetings and committee hearings) in implementing ADA public access protec- through 309). See 28 CFR § 36.101 (Purpose). are as effective as their communications tions. CAA section 210(e)(2). These proposed Section 210(b) only applies the rights and with others. Covered entities are required to regulations will clarify that covered entities protections of three sections of Title III with make information available in alternate for- must comply with the ADA public access respect to public accommodations: prohibi- mats such as large print, Braille, or audio provisions applied to public entities and ac- tions against discrimination (section 302), tape, or use methods that provide individuals commodations to implement Titles II and III provisions regarding new construction and with disabilities the opportunity to effec- of the ADA. Congressional approval and alterations (section 303), and provisions re- tively communicate, such as sign language Board issuance of ADA public access under garding examinations and courses (section interpreters or the use of pen and paper. Pri- the CAA will also eliminate any question as 309). Therefore, only those regulations in mary consideration must be given to the to the ADA public access protections that Part 36 that are reasonably necessary to im- method preferred by the individual. are applicable in the legislative branch. plement the statutory provisions of sections 3. ADA Standards for Accessible Design: The Board adopted proposed regulations 302, 303, and 309 will be adopted by the Board These standards are applied to architectural and presented them to the House of Rep- under section 210(e) of the CAA. barriers, including structural barriers to resentatives and the Senate in 1996. The reg- 3. DOT’s regulations at Parts 37 and 38 of communication, such as telephone booths, to ulations were published on January 7, 1997, Title 49 of the CFR: The DOT’s regulations ensure that existing facilities, new construc- during the 105th Congress. 142 Cong. Rec. at Parts 37 and 38 implement the transpor- tion, and new alterations, are accessible to S10984–11018 and 143 Cong. Rec. S30–66. No tation provisions of Title II and Title III of individuals with disabilities. Congressional action was taken and there- the ADA. See 49 CFR §§ 37.101 (Purpose) and The Board recognizes that, as with other fore the regulations were not issued. The 38.1 (Purpose). The provisions of Title II and obligations under the CAA, covered entities Title III of the ADA relating to transpor- Board adopted the present proposal, with up- will need information and guidance regard- tation and applied to covered entities by sec- dated proposed regulations, to facilitate ing compliance with these ADA standards as tion 210(b) of the CAA are subtitle B of Title Congressional consideration of the ADA reg- adopted in these proposed regulations, which II (sections 221 through 230) and certain por- ulations. the Office will provide as part of its edu- tions of section 302 of Title III. Thus, those Which ADA public access regulations are cation and information activities. regulations of the Secretary that are reason- applied to covered entities in 2 U.S.C. How do these regulations differ from those ably necessary to implement the statutory § 1331(e)? proposed by the Board on January 7, 1997? Section 210(e) of the CAA requires the provisions of sections 221 through 230, 302, These regulations are very similar to those Board to issue regulations that are ‘‘the and 303 of the ADA will be adopted by the proposed by the Board in 1997; however, there same as substantive regulations promulgated Board under section 210(e) of the CAA. are three significant differences: The Board proposes not to adopt those reg- by the Attorney General and the Secretary 1. These regulations have been updated to ulatory provisions of the regulations of the of Transportation to implement the statu- incorporate the changes made in the DOJ DOJ or DOT that have no conceivable appli- tory provisions . . . except to the extent that and DOT regulations since 1997. One of the cability to operations of entities within the the Board may determine, for good cause most significant changes made by the DOJ Legislative Branch or are unlikely to be in- shown and stated together with the regula- occurred on September 15, 2010 when the DOJ voked. See 141 Cong. Rec. at S17604 (daily ed. tion, that a modification of such regulations published regulations adopting the 2010 Nov. 28, 1995) (NPRM implementing section would be more effective for the implementa- Standards for Accessible Design (‘‘2010 203 regulations). Unless public comments tion of the rights and protections under this Standards’’). The 2010 Standards became demonstrate otherwise, the Board intends to fully effective on March 15, 2012 and replaced section.’’ 2 U.S.C. § 1331(e). include in the adopted regulations a provi- Consistent with its prior decisions on this the 1991 Standards for Accessible Design sion stating that the Board has issued sub- issue, the Board has determined that all reg- (‘‘1991 Standards’’) that were referenced in stantive regulations on all matters for which ulations promulgated after a notice and com- the regulations proposed by the Board in section 210(e) requires a regulation. See sec- ment by the DOJ and/or the DOT to imple- 1997. These regulations incorporate by ref- tion 411 of the CAA, 2 U.S.C. § 1411. ment the provisions of Title II and Title III erence the pertinent DOJ and DOT regula- In addition, the Board has proposed to tions that are in effect as of the date of the of the ADA applied by section 210(b) of the make technical changes in definitions and publication of this notice, which means that CAA are ‘‘substantive regulations’’ within nomenclature so that the regulations com- the 2010 Standards will be applied. The Board the meaning of section 210(e). See, e.g., 142 port with the CAA and the organizational has also changed the format of the incor- Cong. Rec. S5070, S5071–72 (daily ed. May 15, structure of the Office of Compliance. In the porated regulations. Rather than reprinting 1996) (NPRM implementing section 220(d) Board’s judgment, making such changes sat- each of the regulations with minor changes regulations); 141 Cong. Rec. S17605 (daily ed. isfies the CAA’s ‘‘good cause’’ requirement. to reflect different nomenclature used in the Nov. 28, 1995) (NPRM implementing section With the exception of these technical and no- CAA (i.e., changing references to ‘‘Assistant 203 regulations). menclature changes and additional proposed Attorney General,’’ ‘‘Department of Jus- See also Reves v. Ernst & Young, 494 U.S. 56, regulations relating to the investigation and tice,’’ ‘‘FTA Administrator,’’ ‘‘FTA regional 64 (1993) (where same phrase or term is used inspection authority granted to the General in two different places in the same statute, Counsel under the CAA, the Board does not office,’’ ‘‘Administrator,’’ and ‘‘Secretary’’ it is reasonable for court to give each use a propose substantial departure from other- to ‘‘General Counsel’’), these regulations similar construction); Sorenson v. Secretary of wise applicable regulations. contain a definitional section in § 1.105(a) the Treasury, 475 U.S. 851, 860 (1986) (normal The Board notes that the General Counsel which make these changes and incorporates rule of statutory construction assumes that applied the above-referenced standards of the DOJ and DOT regulations by reference. identical words in different parts of the same Parts 35 and 36 of the DOJ’s regulations and 2. Unlike the Board in 1997, the current act are intended to have the same meaning). Parts 37 and 38 of the DOT’s regulations dur- Board has decided not to propose adoption of In this regard, the Board has reviewed the ing the past inspections of Legislative the DOJ Title II regulation relating to em- provisions of section 210 of the CAA, the sec- Branch facilities pursuant to section 210(f) of ployment discrimination, 28 C.F.R. § 35.140. tions of the ADA applied by that section, and the CAA. In contrast to other sections of the The Board notes that since 1997 most courts the regulations of the DOJ and DOT, to de- CAA, which generally give the Office of Com- considering this issue have decided that em- termine whether and to what extent those pliance only adjudicatory and regulatory re- ployees of public entities must use the proce- regulations are substantive regulations sponsibilities, the General Counsel has the dures in Title I of the ADA to pursue em- which implement the provisions of Title II authority to investigate and prosecute al- ployment discrimination claims and that and Title III of the ADA applied by section leged violations of disability standards under these claims cannot be pursued under Title 210(b) of the CAA. As explained more fully section 210, as well as the responsibility for II. See, e.g., Brumfield v. City of Chicago, 735 below, the Board proposes to adopt the fol- inspecting covered facilities to ensure com- F.3d 619 (7th Cir. 2013); Elwell v. Okla. ex rel. lowing otherwise applicable regulations of pliance. According to the General Counsel’s Bd. of Regents of the Univ. of Okla., 693 F.3d the DOJ published at Parts 35 and 36 of Title final inspection reports, the Title II and 1303 (10th Cir. 2012); Zimmerman v. Or. Dep’t of 28 of the Code of Federal Regulations Title III regulations encompass the following Justice, 170 F.3d 1169 (9th Cir. 1999). The prohi- (‘‘CFR’’) and those of the DOT published at requirements: bition against employment discrimination Parts 37 and 38 of Title 49 of the CFR: 1. Program accessibility: This standard is because of disability in Title I of the ADA is 1. DOJ’s regulations at Part 35 of Title 28 applied to ensure physical access to public incorporated into section 201(a)(3) of the of the CFR: The DOJ’s regulations at Part 35 programs, services, or activities. Under this CAA. 2 U.S.C. § 1311(a)(3). Under section 210(c) implement subtitle A of Title II of the ADA standard, covered entities must modify poli- of the CAA, ‘‘with respect to any claim of (sections 201 through 205), the rights and pro- cies, practices, and procedures to ensure an employment discrimination asserted by any tections of which are applied to covered enti- equal opportunity for individuals with dis- covered employee, the exclusive remedy ties under section 210(b) of the CAA. See 28 abilities. If policy and procedural modifica- shall be under section 1311 of this title.’’ 2 CFR § 35.101 (Purpose). Therefore, the Board tions are ineffective, then structural modi- U.S.C. § 1331(c). Similarly, under section determines that these regulations will be fications may be required. 225(e) of the CAA, ‘‘[o]nly a covered entity

VerDate Mar 15 2010 05:25 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.035 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5440 CONGRESSIONAL RECORD — SENATE September 9, 2014 who has undertaken and completed the pro- ecutive Director, the Deputy Executive Direc- Yes. Copies of submitted comments will be cedures in sections 1402 and 1403 of this title tor for the Senate, and the Deputy Executive available for review on the Office’s web site may be granted a remedy under part A of Director for the House of Representatives? at www.compliance.gov, and at the Office of this subchapter.’’ 2 U.S.C. § 1361(e). When As required by Section 304(b)(1) of the Compliance, 110 Second Street, S.E., Wash- taken together, these sections of the CAA CAA, 2 U.S.C. § 1384(b)(1), the substance of ington, D.C. 20540–1999, on Monday through make it clear that the exclusive method for these regulations is also recommended by Friday (non-Federal holidays) between the obtaining relief for employment discrimina- the Executive Director, the Deputy Execu- hours of 9:30 a.m. and 4:30 p.m. tion because of disability is under section tive Director for the Senate and the Deputy Summary: 201, which involves using the counseling and Executive Director for the House of Rep- The Congressional Accountability Act of mediation procedures contained in sections resentatives. 1995, PL 104–1, was enacted into law on Janu- 402 and 403 of the CAA. For these reasons, Has the Board of Directors previously pro- ary 23, 1995. The CAA, as amended, applies the Board has found good cause not to incor- posed substantive regulations implementing the rights and protections of thirteen federal porate the DOJ Title II regulation relating the ADA public access provisions pursuant to labor and employment statutes to covered to employment discrimination, 28 C.F.R. 2 U.S.C. § 1331? employees and employing offices within the § 35.140, into these regulations. Yes. Proposed regulations were previously legislative branch of the federal government. 3. In Parts 2 and 3 of these regulations, the adopted by the Board and presented to the Section 210 of the CAA applies that the Board has proposed regulations relating to House of Representatives and the Senate on rights and protections against discrimina- the two unique statutory duties imposed by September 19, 1996. The regulations were tion in the provision of public services and the CAA upon the General Counsel of the Of- published on January 7, 1997. 142 Cong. Rec. accommodations established by of Titles II fice of Compliance that are not imposed S10984–11018 and 143 Cong. Rec. S30–66. No and III (sections 201 through 230, 302, 303, and upon the DOJ and DOT: (1) the investigation Congressional action was taken on these reg- 309) of the Americans With Disabilities Act and prosecution of charges of discrimination ulations. of 1990, 42 U.S.C. § 12131–12150, 12182, 12183, and using the Office’s mediation and hearing What is the approach taken by these pro- 12189 (‘‘ADA’’) shall apply to Legislative processes (section 210(d) of the CAA) and (2) posed substantive regulations? Branch entities covered by the CAA. The the biennial inspection and reporting obliga- The Board will follow the procedure as above provisions of section 210 became effec- tions (section 210(f) of the CAA). Parts 2 and enumerated above and as required by stat- tive on January 1, 1997. 2 U.S.C. § 1331(h). 3 of these regulations were not contained in ute. The Board will review any comments re- The Board of Directors of the Office of the regulations proposed in 1997; however, ceived under step (2) of the outline above, Compliance is now publishing proposed regu- the Board has determined that there is good and respond to the comments and make any lations to implement Section 210 of the Con- cause to propose these regulations to fully changes necessary to ensure that the regula- gressional Accountability Act of 1995 (‘‘CAA’’), 2 U.S.C. § 1301–1438, as applied to implement section 210 of the CAA. See, 2 tions fully implement section 210 of the CAA covered entities of the House of Representa- U.S.C. § 1331(e)(1). In formulating the sub- and reflect the practices and policies par- tives, the Senate, and certain Congressional stance of these regulations, the Board has di- ticular to the legislative branch. instrumentalities listed below. rected the Office’s statutory employees to What responsibilities would covered enti- ties have in effectively implementing these In addition to inviting comment in this consult with stakeholders and has considered Notice, the Board, through the statutory ap- their comments and suggestions. regulations? The CAA charges covered entities with the pointees of the Office, sought consultation The Board has also reviewed the biennial responsibility to comply with these regula- with the stakeholders regarding the develop- ADA reports from the General Counsel and tions. CAA § 210, 2 U.S.C. § 1331. ment of these regulations. The Board also considered what the General Counsel has Are there substantive differences in the notes that the General Counsel of the Office learned since 1995 while investigating proposed regulations for the House of Rep- of Compliance has completed inspections of charges of discrimination and conducting resentatives, the Senate, and the other em- covered facilities for compliance with dis- and reporting upon ADA inspections. Of par- ploying offices? ability access standards under section 210 of ticular note is the regulation proposed as No. The Board of Directors has identified the CAA during each Congress since the CAA § 3.103(d) which addresses concerns raised by no ‘‘good cause’’ for proposing different regu- was enacted and has submitted reports to oversight and appropriations staff over find- lations for these entities and accordingly has Congress after each of these inspections. ing a cost-efficient process that would allow not done so. 2 U.S.C. § 1331(e)(2). Based on information gleaned from these better identification and elimination of po- Are these proposed substantive regulations consultations and the experience gained tential ADA compliance issues during the available to persons with disabilities in an al- from the General Counsel’s inspections, the pre-construction phases of new construction ternate format? Board is publishing these proposed regula- and alteration projects. This Notice of Proposed Regulations is tions, pursuant to section 210(e) of the CAA, Procedural Summary: available on the OOC’s web site, 2 § 1331(e). The purpose of these regulations is to im- How are substantive regulations proposed www.compliance.gov, which is compliant plement section 210 of the CAA. In this No- and approved under the CAA? with Section 508 of the Rehabilitation Act of Pursuant to Section 304 of the CAA, 2 1973 as amended, 29 U.S.C. § 794d. This Notice tice of Proposed Rulemaking (‘‘NPRM’’ or ‘‘Notice’’) the Board proposes that virtually U.S.C. § 1384, the procedure for proposing and can also be made available in large print or identical regulations be adopted for the Sen- approving such substantive regulations pro- Braille. Requests for this Notice in an alter- ate, the House of Representatives, and the vides that: native format should be made to: Annie seven Congressional instrumentalities. Ac- (1) the Board of Directors propose sub- Leftwood, Executive Assistant, Office of Compliance, 110 2nd Street, S.E., Room LA– cordingly: stantive regulations and publish a general (1) Senate. It is proposed that regulations notice of proposed rulemaking in the Con- 200, Washington, D.C. 20540; 202–724–9250; TDD: 202–426–1912; FAX: 202–426–1913. as described in this Notice be included in the gressional Record; body of regulations that shall apply to enti- (2) there be a comment period of at least 30 30 Day Comment Period Regarding the Proposed ties within the Senate, and this proposal re- days after the date of publication of the gen- Regulations garding the Senate entities is recommended eral notice of proposed rulemaking; How long do I have to submit comments re- by the Office of Compliance’s Deputy Execu- (3) after consideration of comments by the garding the proposed regulations? tive Director for the Senate. Board of Directors, the Board adopt regula- Comments regarding the proposed regula- (2) House of Representatives. It is further tions and transmit notice of such action (to- tions of the OOC set forth in this Notice are proposed that regulations as described in gether with the regulations and a rec- invited for a period of thirty (30) days fol- this Notice be included in the body of regula- ommendation regarding the method for Con- lowing the date of the appearance of this No- tions that shall apply to entities within the gressional approval of the regulations) to the tice in the Congressional Record. House of Representatives, and this proposal Speaker of the House and President [P]ro How do I submit comments? regarding the House of Representatives enti- [T]empore of the Senate for publication in Comments must be made in writing to the ties is recommended by the Office of Compli- the Congressional Record; Executive Director, Office of Compliance, 110 ance’s Deputy Executive Director for the (4) there be committee referral and action Second Street, S.E., Room LA–200, Wash- House of Representatives. on the proposed regulations by resolution in ington, D.C. 20540–1999. Those wishing to re- (3) Certain Congressional instrumental- each House, concurrent resolution, or by ceive confirmation of the receipt of their ities. It is further proposed that regulations joint resolution; and comments are requested to provide a self-ad- as described in this Notice be included in the (5) final publication of the approved regu- dressed, stamped post card with their sub- body of regulations that shall apply to the lations in the Congressional Record, with an mission. It is requested, but not required, Office of Congressional Accessibility Serv- effective date prescribed in the final publica- that an electronic version of any comments ices, the Capitol Police, the Congressional tion. be provided either on an accompanying com- Budget Office, the Office of the Architect of For more detail, please reference the text puter disk or e-mailed to the OOC via its web the Capitol (including the Botanic Garden), of 2 U.S.C. § 1384. This Notice of Proposed site. Comments may also be submitted by the Office of the Attending Physician, and Rulemaking is step (1) of the outline set facsimile to the Executive Director at 202– the Office of Compliance; and this proposal forth above. 426–1913 (a non-toll-free number). regarding these six Congressional instrumen- Are these proposed regulations also rec- Am I allowed to view copies of comments talities is recommended by the Office of ommended by the Office of Compliance’s Ex- submitted by others? Compliance’s Executive Director.

VerDate Mar 15 2010 06:47 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.036 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5441 Dates: Comments are due within 30 days lows consideration of relevant statutes, con- after consultation with the Office of the Ar- after the date of publication of this Notice in tracts, orders, and other enforceable ar- chitect of the Capitol regarding what would the Congressional Record. rangements or relationships to allocate re- be a reasonable time frame for implementing Supplementary Information: sponsibility. The term ‘‘enforceable arrange- these provisions of the regulations. In sev- ment’’ is used intentionally since certain in- eral portions of DOJ and DOT regulations, The regulations set forth below (Parts 1, 2, demnification and contribution contracts al- references are made to dates such as the ef- and 3) are the substantive regulations that locating liability under the ADA have been fective date of the regulations or effective the Board of Directors of the Office of Com- found to be unenforceable. See, e.g., Equal dates derived from the statutory provisions pliance are proposing pursuant to section Rights Center v. Archstone-Smith Trust, 602 of the ADA. The Board proposes to sub- 210(e) of the CAA. Part 1 contains the gen- F.3d 597 (4th Cir. 2010, cert denied, 131 S. Ct. stitute dates which correspond to analogous eral provisions applicable to all regulations 504 (2010). Although the concepts of ‘‘owner- periods for the purposes of the CAA. In this under section 210, the method of identifying ship’’ or ‘‘leasing’’ do not appear to apply to way covered entities under section 210 may entities responsible for correcting a viola- Legislative Branch facilities on Capitol Hill, have the same time to come into compliance tion of section 210, and the list of executive the Architect of the Capitol does have statu- relative to the effective date of section 210 of branch regulations incorporated by reference tory superintendence responsibility for cer- the CAA afforded public entities subject to which define and clarify the prohibition tain legislative branch buildings and facili- Title II of the ADA. In the Board’s judgment, against discrimination on the basis of dis- ties, including the Capitol Building, which such changes satisfy the CAA’s ‘‘good cause’’ ability in the provision of public services and includes duties and responsibilities analo- requirement. In section 1.105(a)(4), which was accommodations. Part 2 contains the provi- gous to those of a ‘‘landlord’’. See 40 U.S.C. also developed based upon consultations with sions pertaining to investigation and pros- §§ 163–166 (Capitol Building), 167–175 and 185a the Office of the Architect of the Capitol ecution of charges of discrimination. Part 3 (House and Senate office buildings), 193a (‘‘AOC’’), the Board modified the exception contains the provisions regarding the peri- (Capitol grounds), 216b (Botanical Garden) for ‘‘historic’’ property to include properties, odic inspections and reports to Congress on and 2 U.S.C. § 141(a)(1) (Library of Congress buildings, or facilities designated as an his- compliance with the disability access stand- buildings). The Board believes that, where toric or heritage assets by the AOC. This was ards. These three parts correspond to the two or more entities may have compliance necessary because the DOJ regulations limit three general duties imposed upon the Office obligations under section 210(b) as ‘‘respon- the definition of historic properties to those of Compliance by section 210 which are as sible entities’’ under the proposed regula- ‘‘listed or eligible for listing in the National follows: tions, those entities should have the ability Register of Historic Places or properties des- 1. Under section 210(e) of the CAA, the to allocate responsibility by agreement simi- ignated as historic under State or local law’’ Board of Directors of the Office of Compli- lar to the case of landlords and tenants with 28 C.F.R. § 35.104. While there are certainly ance must promulgate substantive regula- respect to public accommodations under properties on Capitol Hill which have his- tions which implement the rights and pro- Title III of the ADA. Thus, the proposed reg- torically significant features that are wor- tections provided by section 210. 2 U.S.C. ulations adopt such provisions modeled after thy of preservation, these properties are not § 1331(e)(1). section 36.201(b) of the DOJ regulations. eligible for listing on the National Register 2. Under Section 210(d) of the CAA, the However, by promulgating this provision, of Historic Places or considered historic General Counsel of the Office of Compliance the Board does not intend any substantive under State of local law. See, Historic Preser- must receive and investigate charges of dis- change in the statutory responsibility of en- vation Act of 1966, 16 U.S.C. 470g (exempting crimination alleging violations of the rights tities under section 210(b) or the applicable the White House and its grounds, the Su- and protections provided by Titles II and III substantive rights and protections of the preme Court building and its grounds, and of the ADA, may request mediation of such ADA applied thereunder. See 142 Cong. Rec. the United States Capitol and its related charges upon believing that a violation may at S270 (final rule under section 205 of the buildings and grounds from the provisions of have occurred, and, if mediation has not suc- CAA substitutes the term ‘‘privatization’’ the Historic Preservation Act). In section the Board has adopted a ceeded in resolving the dispute, may file a for ‘‘sale of business’’ in the Secretary of La- 1.105(b), rule of interpretation to cover the few in- complaint and prosecute the complaint bor’s regulations under the Worker Adjust- stances where there are differences between through the Office of Compliance’s hearing ment Retraining and Notification Act). and review process 2 U.S.C. § 1331(d). § 1.105 Regulations incorporated by ref- regulations implementing Title II and Title III of the ADA. The CAA is unique in that it 3. Under section 210(f) of the CAA, the Gen- erence. As explained above, consistent with eral Counsel of the Office of Compliance on a its prior decisions on this issue, the Board applies both Title II and Title III provisions to covered public entities. The public accom- regular basis, and at least once each Con- has determined that all regulations promul- modation provisions of Title III of the ADA gress, must conduct periodic inspections of gated after a notice and comment by the are otherwise only applicable to private enti- all covered facilities and report to Congress DOJ and/or the DOT to implement the provi- ties. See, 42 U.S.C. § 12181(7). This section of on compliance with disability access stand- sions of Title II and Title III of the ADA ap- the regulation reflects the Board’s deter- ards under section 210. 2 U.S.C. § 1331(f). plied by section 210(b) of the CAA are ‘‘sub- mination that Congress applied provisions of Regulations proposed in Part 1. stantive regulations’’ within the meaning of both Title II and Title III of the ADA to leg- § 1.101 Purpose and scope. This section ref- section 210(e). See, e.g., 142 Cong. Rec. S5070, islative branch entities to ensure that indi- erences and cites the sections of Title II and S5071–72 (daily ed. May 15, 1996) (NPRM im- viduals with disabilities are provided the III of the ADA incorporated by reference into plementing section 220(d) regulations); 141 most access to public services, programs, ac- the CAA, follows the statutory language of Cong. Rec. S17605 (daily ed. Nov. 28, 1995) tivities and accommodations provided by the CAA to identify the covered entities and (NPRM implementing section 203 regula- law. the statutory duties of the General Counsel tions). In this regard, the Board has reviewed In section 1.105(c), the Board has listed the of the Office of Compliance and describes the provisions of section 210 of the CAA, the specific DOJ regulations incorporated into how the regulations are organized. sections of the ADA applied by that section, the regulations being issued under section § 1.102 Definitions. This section describes and the regulations of the DOJ and DOT, to 210 of the CAA. As noted earlier, the Board the abbreviations that are used throughout determine whether and to what extent those has adopted all of the DOJ regulations im- the regulations. regulations are substantive regulations plementing Titles II and III of the ADA with § 1.103 Authority of the Board. This section which implement the provisions of Title II the following exceptions: describes the authority of the Board of Di- and Title III of the ADA applied by section 1. The Board is not incorporating the DOJ rectors of the Office of Compliance to issue 210(b) of the CAA. regulations regarding retaliation or coercion regulations under section 210 of the CAA and In section 1.105(a)(1), the Board has modi- (28 C.F.R. §§ 35.134 & 36.206). Sections 35.134 the intended effect of the technical and no- fied the nomenclature used in the incor- and 36.206 of the DOJ’s regulations imple- menclature changes made to the regulations porated regulations to comport with the ment section 503 of the ADA, which prohibits promulgated by the Attorney General and CAA and the organizational structure of the retaliation against any individual who exer- Secretary of Transportation. Office of Compliance. In the Board’s judg- cises his or her rights under the ADA. 28 CFR § 1.104 Method for identifying the entity re- ment, making such changes satisfies the pt. 35, App. A at 464 & pt. 36, App. B at 598 sponsible for correcting violations of section CAA’s ‘‘good cause’’ requirement. With the (section-by-section analysis). Sections 35.134 210. The regulation in this section is re- exception of these technical and nomen- and 36.206 are not provisions which imple- quired by section 210(e)(3) of the CAA. This clature changes and additional proposed reg- ment a right or protection applied to covered regulation hues very closely to the DOJ ulations relating to the investigation and in- entities under section 210(b) of the CAA and, Title III regulation set forth in 28 C.F.R. spection authority granted to the General therefore, they will not be included within § 36.201 which in turn is based on the statu- Counsel under the CAA, the Board does not the adopted regulations. The Board notes, tory language in 42 U.S.C. § 12182(a) (one of propose substantial departure from other- however, that section 207 of the CAA pro- the ADA statutory sections incorporated by wise applicable regulations. The dates ref- vides a comprehensive retaliation protection reference in section 210(b) of the CAA). Under erenced in section 1.105(a)(2) reflect that the for employees (including applicants and section 302 of the ADA, owners, operators, ADA public access provisions of the CAA be- former employees) who may invoke their lessors and lessees are all jointly and sever- came effective on January 1, 1997 rather than rights under section 210, although section 207 ally liable for ADA violations. See, e.g., effective date of the ADA which was January does not apply to nonemployees who may Botosan v. McNally Realty, 216 F.3d 827, 832 26, 1992. 2 U.S.C. § 1331(h). The three year pro- enjoy rights and protections against dis- (9th Cir. 2000). The proposed regulation al- vision in section 1.105(a)(3) was developed crimination under section 210.

VerDate Mar 15 2010 06:47 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.037 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5442 CONGRESSIONAL RECORD — SENATE September 9, 2014 2. As noted above, unlike the Board in 1997, tions restates section 501(c) of the ADA, the DOT included within the scope of rule- the current Board has decided not to propose which provides that the ADA shall not be making under section 210(e) of the CAA and adoption of the DOJ Title II regulation relat- construed to restrict certain insurance prac- will not be considered by the Board to be in- ing to employment discrimination, 28 C.F.R. tices on the part of insurance companies and cluded in these regulations. § 35.140. The Board notes that since 1997 most employers, so long as such practices are not 3. Several portions of the DOT’s regula- courts considering this issue have decided used to evade the purposes of the ADA. Sec- tions refer to obligations of entities regu- that employees of public entities must use tion 501(c) of the ADA is not incorporated by lated by state agencies administering federal the procedures in Title I of the ADA to pur- reference into section 210 of the CAA. Be- transportation funds. See, e.g., sections sue employment discrimination claims and cause section 36.212 implements a section of 37.77(d) (requires filing of equivalent service that these claims cannot be pursued under the ADA which is not incorporated into the certificates with state administering agen- Title II. See, e.g., Brumfield v. City of Chicago, CAA and appears intended primarily to cover cy), 37.135(f) (submission of paratransit de- 735 F.3d 619 (7th Cir. 2013); Elwell v. Okla. ex insurance companies which are not covered velopment plan to state administering agen- rel. Bd. of Regents of the Univ. of Okla., 693 entities under the CAA, the Board finds good cy) and 37.145 (State comments on para- F.3d 1303 (10th Cir. 2012); Zimmerman v. Or. cause not to incorporate this regulation. transit plans). Any references to obligations Dep’t of Justice, 170 F.3d 1169 (9th Cir. 1999). 6. The Board has not incorporated Subpart not imposed on covered entities, such as The prohibition against employment dis- E of the DOJ’s regulations (sections 36.501 state law requirements and laws regulating crimination because of disability in Title I of through 36.599) setting forth the enforcement entities that receive Federal financial assist- the ADA is incorporated into section procedures under Title III of the ADA. As the ance, will be considered excluded from these 201(a)(3) of the CAA. 2 U.S.C. § 1311(a)(3). Justice Department noted in its NPRM re- proposed regulations. Under section 210(c) of the CAA, ‘‘with re- garding subpart E, the Department of Jus- 4. The Board has not adopted section 37.11 spect to any claim of employment discrimi- tice does not have the authority to establish of the DOT’s regulations relating to adminis- nation asserted by any covered employee, procedures for judicial review and enforce- trative enforcement because it does not im- the exclusive remedy shall be under section ment and, therefore, ‘‘Subpart E generally plement any provision of the ADA applied to 1311 of this title.’’ 2 U.S.C. § 1331(c). Simi- restates the statutory procedures for en- covered entities under section 210 of the larly, under section 225(e) of the CAA, forcement’’. 28 CFR pt. 36, App. B at 638 (sec- CAA. Moreover, the enforcement procedures ‘‘[o]nly a covered entity who has undertaken tion-by-section analysis). Additionally, the of section 210 are explicitly provided for in and completed the procedures in sections regulations derive from the provisions of sec- section 210(d) (‘‘Available Procedures’’). Ac- 1402 and 1403 of this title may be granted a tion 308 of the ADA, which is not applied to cordingly, this section will not be included remedy under part A of this subchapter.’’ 2 covered entities under section 210(b) of the within the incorporated regulations. The U.S.C. § 1361(e). When taken together, these CAA. Thus, the regulations in subpart E are subject matter of enforcement procedures is sections of the CAA make it clear that the not promulgated by the Attorney General as addressed in the Office’s procedural rules and exclusive method for obtaining relief for em- substantive regulations to implement the in Part 2 of these regulations. ployment discrimination because of dis- statutory provisions of the ADA referred to 5. Certain sections of Subparts B (Applica- ability is under section 201, which involves in section 210(b), within the meaning of sec- bility) and C (Transportation Facilities) of using the counseling and mediation proce- tion 210(e). the Secretary’s regulations were promul- dures contained in sections 402 and 403 of the 7. The Board has not incorporated Subpart gated to implement sections 242 and 304 of CAA. For these reasons, the Board has found F of the DOJ’s regulations which establishes the ADA, provisions that are not applied to good cause not to incorporate the DOJ Title procedures to implement section covered entities under section 210(b) of the II regulation relating to employment dis- 308(b)(1)(A)(ii) of the ADA regarding compli- CAA or are otherwise inapplicable to Legis- lative Branch entities. Therefore, the Board crimination, 28 C.F.R. § 35.140, into these reg- ance with State laws or building codes as will exclude the following sections from its ulations. evidence of compliance with accessibility substantive regulations on that basis: 3. The Board has not incorporated Subpart standards under the ADA. 28 CFR pt. 36, App. 37.21(a)(2) and (b) (relating to private entities F of the DOJ’s regulations (28 C.F.R. B at 640 (section-by-section analysis). Sec- under section 304 of the ADA and private en- §§ 35.170–35.189), which set forth administra- tion 308 is not one of the laws applied to cov- tities receiving Federal assistance from the tive enforcement procedures under Title II. ered entities under section 210(b) of the CAA Transportation Department), 37.25 (univer- Subpart F implements the provisions of sec- and, therefore, these regulations will not be sity transportation systems), 37.29 (private tion 203 of the ADA, which is applied to cov- adopted under section 210(e). taxi services), 37.33 (airport transportation ered entities under section 210 of the CAA. In section the Board has listed the 1.105(d), systems), 37.37(a) and 37.37(e)–(g) (relating to Although procedural in nature, such provi- specific DOT regulations incorporated into coverage of private entities and other enti- sions address the remedies, procedures, and the regulations being issued under section ties under section 304 of the ADA), and 37.49– rights under section 203 of the ADA, and thus 210 of the CAA. As noted earlier, the Board 37.57 (relating to intercity and commuter the otherwise applicable provisions of these has adopted all of the DOT regulations im- rail systems). Similarly, the Board proposes regulations are ‘‘substantive regulations’’ plementing Titles II and III of the ADA with modifying sections 37.21(c), 37.37(d), and for section 210(e) purposes. See 142 Cong. Rec. the following exceptions: 37.37(h) and other sections where references 1. Although the Board has adopted the defi- at S5071–72 (similar analysis under section are made to requirements or circumstances nitions in section 37.3 of the DOT’s regula- 220(d) of the CAA). However, since section 303 strictly encompassed by the provisions of tions, relating to implementation of Part II of the CAA reserves to the Executive Direc- section 304 of the ADA and, therefore, not ap- of Title II of the ADA (sections 241 through tor the authority to promulgate regulations plicable to covered entities under the CAA. 246), those definitions dealing with public that ‘‘govern the procedures of the Office,’’ See, e.g., sections 37.25–37.27 (transportation and since the Board believes that the benefit transportation by intercity and commuter for elementary and secondary education sys- of having one set of procedural rules provides rail are not adopted because sections 241 tems). the ‘‘good cause’’ for modifying the DOJ’s through 246 of the ADA were not within the 6. Subpart D (sections 37.71 through 37.95) regulations, the Board proposes to incor- rights and protections applied to covered en- of the DOT’s regulations relate to acquisi- porate the provisions of Subpart F into the tities under section 210(b) and, therefore, the tion of accessible vehicles by public entities. Office’s procedural rules, to omit provisions regulations implementing such sections are Certain sections of subpart D were promul- that set forth procedures which conflict with not substantive regulations of the DOT re- gated to implement sections 242 and 304 of express provisions of section 210 of the CAA quired to be adopted by the Board within the the ADA, which were not applied to covered or are already provided for under comparable meaning of section 210(e). Accordingly, the entities under section 210(b) of the CAA, or provisions of the Office s rules, and to omit Board will give no effect to the definitions of are otherwise inapplicable to Legislative rules with no applicability to the Legislative terms such as ‘‘commerce,’’ ‘‘commuter au- Branch entities. Therefore, the Board will Branch (such as provisions covering entities thority,’’ ‘‘commuter rail car,’’ ‘‘commuter exclude the following sections from its sub- subject to section 504 of the Rehabilitation rail transportation,’’ ‘‘intercity rail pas- stantive regulations on that basis: 37.87–37.91 Act, provisions regarding State immunity, senger car,’’ and ‘‘intercity rail transpor- and 37.93(b) (relating to intercity and com- and provisions regarding referral of com- tation,’’ which relate to sections 241 through muter rail service). plaints to the Justice Department). See 142 246 of the ADA. 7. Subpart E (sections 37.101 through 37.109) Cong. Rec. at S5071–72 (similar analysis and 2. Although the Board has adopted the of the DOT’s regulations relates to acquisi- conclusion under section 220(d) of the CAA). Nondiscrimination regulation set forth in tion of accessible vehicles by private enti- 4. The Board has not incorporated Subpart section 37.5 of the DOT’s regulations, sub- ties. Section 37.101, relating to acquisition of G of the DOJ’s regulations, which designates section (f) of section 37.5 of the this regula- vehicles by private entities not primarily en- the Federal agencies responsible for inves- tion relates to private entities primarily en- gaged in the business of transporting people, tigating complaints under Title II of the gaged in the business of transporting people implements section 302 of the ADA, which is ADA. Given the structure of the CAA, such and whose operations affect commerce. This applied to covered entities under section provisions are not applicable to covered Leg- subsection implements section 304 of the 210(b). Therefore, the Board will adopt sec- islative Branch entities and, therefore, will ADA, which is not a right or protection ap- tion 37.101 as part of its section 210(e) regula- not be adopted under section 210(e). plied to covered entities under section 210(b) tions. Sections 37.103, 37.107, and 37.109 of the 5. The Board has not incorporated the in- of the CAA. See 56 Fed. Reg. 13856, 13858 regulations implement section 304 of the surance provisions contained in 28 C.F.R. (April 4, 1991) (preamble to NPRM regarding ADA, which is inapplicable to covered enti- § 36.212. Section 36.212 of the DOJ’s regula- Part 37). Therefore, it is not a regulation of ties under the ADA. Therefore, the Board

VerDate Mar 15 2010 05:25 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.039 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5443 proposes not to include them within its sub- lations implements section 210(d) of the CAA § 1331(d)(3). The allowance of attorney’s fees stantive regulations under section 210(e) of which requires that the General Counsel ac- and costs described in § 2.107(a)(1) is based the CAA. cept and investigate charges of discrimina- upon the language in 28 C.F.R. § 35.175 & 8. Part 37 of the DOT’s regulations includes tion filed by qualified individuals with dis- 36.505 which recognize that attorney’s fees several appendices, only two of which the abilities who allege a violation of Title II or may be awarded under both Titles II and III Board proposes to adopt as part of these reg- Title III of the ADA by a covered entity. It of the ADA. The availability of compen- ulations. The Board proposes to adopt as an also notes that by procedural rule or policy, satory damages described in § 2.107(a)(2) de- appendix to these regulations Appendix A the General Counsel or the Office may fur- rives from sections 210(c) and of the CAA (Modifications to Standards for Accessible ther describe how the General Counsel will which incorporates by reference the rem- Transportation Facilities, ADA Accessibility exercise the statutory authority provided by edies contained sections 203 and 308(a) of the Guidelines for Buildings and Facilities), section 210(d) of the CAA. The Board notes ADA. Section 203 of the ADA provides that which provides guidance regarding the de- that the Executive Director is proposing the remedies set forth in the Rehabilitation sign, construction, and alteration of build- amendments to the Office’s Procedural Rules Act (at 29 U.S.C. § 794a) shall be the remedies ings and facilities covered by Titles II and III that do include provisions relating to section for violations of Title II of the ADA. The Su- of the ADA. 49 CFR pt. 37, App. A. Such 210(d) of the CAA. preme Court has made clear that the rem- guidelines, where not inconsistent with ex- § 2.102 Definitions. This section provides edies available under Title II of the ADA and press provisions of the CAA or of the regula- definitions for the undefined terms used in the Rehabilitation Act are ‘‘coextensive with tions adopted by the Board, may be relied section 210(d) of the CAA. In § 2.102(a), the the remedies available in a private cause of upon by covered entities and other in pro- term ‘‘charge’’ is defined in a manner con- action brought under Title VI of the Civil ceedings under section 210 of the CAA to the sistent with the Supreme Court’s decision in Rights Act of 1964’’ which includes compen- same extent as similarly situated persons Fed. Express Corp. v. Holowecki, 552 U.S. 389, satory, but not punitive, damages. Barnes v. may rely upon them in actions brought 402 (2008). In § 2.102(b), the definition of the Gorman, 536 U.S. 181, 185 (2002). The language under Title II and Title III of the ADA. See term ‘‘file a charge’’ clarifies how charges in § 2.107(a)(1) & (a)(2) requiring that pay- 142 Cong. Rec. at S222 and 141 Cong. Rec. at can be presented to the General Counsel by ment be made by the covered entity respon- S17606 (similar resolution regarding Sec- listing the methods by which the General sible for correcting the violation is from sec- retary of Labor’s interpretative bulletins Counsel has accepted charges in the past. In tion 415(c) of the CAA which requires that under the Fair Labor Standards Act for sec- § 2.102(c), the term ‘‘occurrence of the alleged funds to correct ADA violations ‘‘may be tion 203 purposes). The Board proposes not to violation’’ is defined in a manner that in- paid only from funds appropriated to the em- adopt Appendix B, which gives the addresses cludes both isolated acts of discrimination ploying office or entity responsible for cor- of FTA regional offices. Such information is and continuing violations. See, e.g., Havens recting such violations.’’ 2 U.S.C. § 1415(c). not relevant to covered entities under the Realty Corp. v. Coleman, 455 U.S. 363, 380 The compliance date set forth in § 2.107(b) is CAA. The Board also proposes not to adopt (1982). In § 2.102(d), the term ‘‘the rights and from section 210(d)(5) of the CAA. 2 U.S.C. Appendix C, which contain forms for certifi- protections against discrimination in the § 1331(d)(5). cation of equivalent service. These forms ap- provision of public services and accommoda- § 2.108 Judicial Review. This section is pears to be irrelevant to entities covered by tions’’ is defined by referencing the specific from section 210(d)(4) of the CAA. 2 U.S.C. the CAA and therefore will not be adopted by sections of Titles II and III that are incor- § 1331(d)(4). the Board. Finally, the Board will adopt Ap- porated into the CAA in section 210(b)(1). 2 Regulations proposed in Part 3. pendix D to Part 37, the section-by-section U.S.C. § 1331(b)(1). § 3.101 Purpose and scope. This section ref- analysis of Part 37. The Board notes that the § 2.103 Investigatory Authority. This sec- erences and notes that Part 3 of these regu- section-by-section analysis may have some tion explains the investigatory methods that lations implements section 210(f) of the CAA relevance in interpreting the sections of Part the General Counsel will use when inves- which requires that the General Counsel, on 37 that the Board has adopted. a regular basis, at least once each Congress, 9. The Board proposes to adopt, with mini- tigating charges of discrimination and clari- fies the duty of cooperation owed by all par- inspect the facilities of covered entities to mal technical and nomenclature changes, ensure compliance with the Titles II and III the regulations contained in Part 38 and ac- ties. The language used to describe the inves- tigatory methods listed in § 2.103(a) is derived of the ADA and to prepare and submit a re- companying appendix, with the exception of port to Congress containing the results of the following subparts which the Board has from the Supreme Court’s decision in Dow Chemical Co. v. United States, 476 U.S. 227, 233 the periodic inspections, describing any vio- determined implement portions of the ADA lations, assessing any limitations in accessi- not applied to covered entities under section (1986) which describes what is intended when bility, and providing the estimated cost and 210(b) of the CAA and/or the Board believe an agency is granted investigatory authority time needed for abatement. It also notes have no conceivable applicability to legisla- that is not otherwise defined in the statute. that by procedural rule or policy, the Gen- tive branch operations: Subpart E, Com- The duty to cooperate with investigations eral Counsel or the Office may further de- muter Rail Cars and Systems; and Subpart described in § 2.103(b) is implicit in the CAA. scribe how the General Counsel will exercise F, Intercity Rail Cars and Systems. By empowering the General Counsel to in- the statutory authority provided by section In section 1.105(d), the Board has proposed vestigate potential violations of the the the adoption of one regulation promulgated ADA, Congress expressed its expectation 210(d) of the CAA. The Board notes that the by the Access Board, 36 C.F.R. § 1190.34, relat- that legislative branch employees and offices Executive Director is proposing amendments ing to the accessibility of leased buildings would cooperate fully with investigations to the Office’s Procedural Rules that do in- and facilities. While the DOJ does not have a conducted by the General Counsel pursuant clude provisions relating to section 210(f) of regulation pertaining to leased buildings and to this authority. This regulation is con- the CAA. facilities, the Access Board has promulgated sistent with prior policy guidance the Gen- § 3.102 Definitions. This section defines this regulation that sets minimal accessible eral Counsel has provided to covered enti- terms used in section 210(f) of the CAA which standards whenever the federal government ties. are not defined in the statute. In § 3.102(a), leases a building or facility (or a portion § 2.104 Mediation. This section explains the term ‘‘facilities of covered entities’’ is thereof). Generally, this regulation requires when the General Counsel will request medi- defined. The term ‘‘facility’’ is defined in 28 that fully accessible space be leased when ation of a charge of discrimination. The lan- C.F.R. § 35.104, which is incorporated by ref- available, but also sets some minimal acces- guage in § 2.104(a) is derived from section erence into these regulations. See § 1.105(c). sibility requirements when fully accessible 210(d)(2) of the CAA. 2 U.S.C. § 1331(d)(2). The ‘‘Facilities of covered entities’’ is defined to spaces are not available. These minimum re- explanation of what happens when mediation include all facilities where covered entities quirements include at least one accessible results in a settlement is contained in provide public programs, activities, services entrance, an accessible route to major func- § 2.104(b) and is consistent with the language or accommodations, including those facili- tion areas, an accessible toilet, and acces- in section 210(d)(3) and with the General ties designed, maintained, altered or con- sible parking (if that is included in the rent). Counsel’s past practice of closing cases that structed by a covered entity. Because the If there is no space available that meets even are resolved during mediation. The language General Counsel’s inspections under section these minimal requirements, the regulation in § 2.104(c) is derived from section 210(d)(3) of 210(f) of the CAA are focused upon finding does contain an exception that would permit the CAA. 2 U.S.C. § 1331(d)(3). barriers to access in facilities, the term the short term leasing of spaces that do not § 2.105 Complaint. The language in this ‘‘violation’’ is defined in § 3.102(b) as any bar- even meet these minimal standards. The section is is derived from section 210(d)(3) of rier to access caused by noncompliance with most common ADA public access complaint the CAA. 2 U.S.C. § 1331(d)(3). the applicable standards. The definition of received by the General Counsel from mem- § 2.106 Intervention by charging individual. ‘‘estimated cost and time needed for abate- bers of the public relates to the lack of ADA The language in this section is is derived ment’’ was developed in consultation with access to spaces being leased by legislative from section 210(d)(3) of the CAA. 2 U.S.C. Office of the Architect of the Capitol which branch offices. The Board therefore finds § 1331(d)(3). proposed that reporting regarding estimated good cause to clarify the ADA access obliga- § 2.107 Remedies and Compliance. This sec- abatement cost and time be provided using a tions regarding leased spaces by adopting 36 tion describes the remedies available and the range of dollar amounts and dates due to the C.F.R. § 1190.34. compliance dates when a violation of section difficulty in precisely estimating such costs Regulations proposed in Part 2. 210 is found. The remedy language in and dates. § 2.101 Purpose and scope. This section ref- § 2.107(a) is based upon the statutory lan- § 3.103 Inspection authority. This section erences and notes that Part 2 of these regu- guage in section 210(c) of the CAA. 2 U.S.C. describes the general scope of the General

VerDate Mar 15 2010 05:25 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.040 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5444 CONGRESSIONAL RECORD — SENATE September 9, 2014 Counsel’s inspection authority [§ 3.103(a)] and (1) each office of the Senate, including provide public services, programs, or activi- recognizes that the General Counsel has the each office of a Senator and each committee; ties, or operates a place of public accommo- right to review information and documents (2) each office of the House of Representa- dation within the meaning of Section 210 of [§ 3.103(b)], receive cooperation from covered tives, including each office of a Member of the CAA. In the regulations implementing entities [§ 3.103(c)], and become involved in the House of Representatives and each com- Title III, private entity includes covered enti- pre-construction review of alteration and mittee; ties. construction projects [§ 3.103(d)]. (3) each joint committee of the Congress; (d) Board means the Board of Directors of The general scope of authority in § 3.103(a) (4) the Office of Congressional Accessi- the Office of Compliance. is derived from the language in section bility Services; (e) Office means the Office of Compliance. 210(f)(1) of the CAA. 2 U.S.C. § 1331(f)(1). This (5) the United States Capitol Police; (f) General Counsel means the General subsection also describes the discretion that (6) the Congressional Budget Office; Counsel of the Office of Compliance. the General Counsel has exercised when con- (7) the Office of the Architect of the Cap- § 1.103 Authority of the Board. ducting these inspections since the enact- itol (including the Botanic Garden); Pursuant to Sections 210 and 304 of the ment of the CAA. (8) the Office of the Attending Physician; CAA, the Board is authorized to issue regula- The document and information review de- and tions to implement the rights and protec- scribed in § 3.103(b) recognizes that a thor- (9) the Office of Compliance; tions against discrimination on the basis of ough inspection of facilities can require the Title II of the ADA prohibits discrimina- disability in the provision of public services review of documents and other information tion on the basis of disability in the provi- and accommodations under the ADA. Sec- to ascertain whether a covered entity is in sion of public services, programs, activities tion 210(e) of the CAA directs the Board to compliance with the ADA. The language in by any ‘‘public entity.’’ Section 210(b)(2) of promulgate regulations implementing Sec- this subsection is based upon prior policy the CAA provides that for the purpose of ap- tion 210 that are ‘‘the same as substantive guidance the General Counsel has provided plying Title II of the ADA the term ‘‘public regulations promulgated by the Attorney to covered entities. entity’’ means any entity listed above that General and the Secretary of Transportation The duty to cooperate with inspections de- provides public services, programs, or activi- to implement the statutory provisions re- scribed in § 3.103(c), like the duty to cooper- ties. Title III of the ADA prohibits discrimi- ferred to in subsection (b) except to the ex- ate with investigations described in § 2.103(b), nation on the basis of disability by public ac- tent that the Board may determine, for good is implicit in the CAA. By empowering the commodations and requires places of public cause shown and stated together with the General Counsel to inspect all facilities for accommodation and commercial facilities to regulation, that a modification of such regu- potential violations of the the ADA, Con- be designed, constructed, and altered in com- lations would be more effective for the im- gress expressed its expectation that legisla- pliance with accessibility standards. Section plementation of the rights and protections tive branch employees and offices would co- 225(f) of the CAA provides that, ‘‘[e]xcept under this section.’’ 2 U.S.C. § 1331(e). Specifi- operate fully with such inspections con- where inconsistent with definitions and ex- cally, it is the Board’s considered judgment, ducted by the General Counsel pursuant to emptions provided in this Act, the defini- based on the information available to it at this authority. This regulation is consistent tions and exemptions of the [ADA] shall the time of promulgation of these regula- with prior policy guidance the General Coun- apply under this Act.’’ 2 U.S.C. § 1361(f)(1). tions, that, with the exception of the regula- sel has provided to covered entities. Section 210(d) of the CAA requires that the tions adopted and set forth herein, there are The pre-construction review of alteration General Counsel of the Office of Compliance no other ‘‘substantive regulations promul- and construction projects described in accept and investigate charges of discrimina- gated by the Attorney General and the Sec- § 3.103(d) was developed after consultation tion filed by qualified individuals with dis- retary of Transportation to implement the with the Office of the Architect of the Cap- abilities who allege a violation of Title II or statutory provisions referred to in sub- itol and addresses concerns raised by over- Title III of the ADA by a covered entity. If section (b) [of Section 210 of the CAA]’’ that sight and appropriations staff over finding a the General Counsel believes that a violation need be adopted. cost efficient process that would allow better may have occurred, the General Counsel may In promulgating these regulations, the identification and elimination of potential file with the Office a complaint against any Board has made certain technical and no- ADA compliance issues during the pre-con- entity responsible for correcting the viola- menclature changes to the regulations as struction phases of new construction and al- tion. 2 U.S.C. § 1361(d). promulgated by the Attorney General and teration projects. Section 210(f) of the CAA requires that the the Secretary of Transportation. Such § 3.104 Reporting, estimating cost & time General Counsel of the Office of Compliance changes are intended to make the provisions and compliance date. This section describes on a regular basis, and at least once each adopted accord more naturally to situations the reporting obligations of the General Congress, conduct periodic inspections of all in the Legislative Branch. However, by mak- Counsel set forth in section 210(f)(2) of the covered facilities and to report to Congress ing these changes, the Board does not intend CAA. 2 U.S.C. § 1331(f)(2). The language in on compliance with disability access stand- a substantive difference between these regu- § 3.104(a) is directly from section 210(f)(2) of ards under Section 210. 2 U.S.C. § 1331(f). lations and those of the Attorney General the CAA. Subsection 3.104(b) merely recog- (b) Purpose and scope of regulations. The and/or the Secretary from which they are de- nizes that the General Counsel needs the co- regulations set forth herein (Parts 1, 2, and 3) rived. Moreover, such changes, in and of operation of covered entities to provide the are the substantive regulations that the themselves, are not intended to constitute cost and time estimates for abatement re- Board of Directors of the Office of Compli- an interpretation of the regulations or of the quired by section 210(f)(2). The compliance ance has promulgated pursuant to Section statutory provisions of the CAA upon which date set forth in § 3.104(c) is from section 210(e) of the CAA. Part 1 contains the gen- they are based. 210(d)(5) of the CAA. 2 U.S.C. § 1331(d)(5). eral provisions applicable to all regulations § 1.104 Method for identifying the entity re- under Section 210, the method of identifying Proposed Regulations: sponsible for correction of violations of sec- entities responsible for correcting a viola- tion 210. PART 1—MATTERS OF GENERAL APPLICA- tion of Section 210, and the list of executive (a) Purpose and scope. Section 210(e)(3) of BILITY TO ALL REGULATIONS PROMUL- branch regulations incorporated by reference the CAA provides that regulations under GATED UNDER SECTION 210 OF THE which define and clarify the prohibition Section 210(e) include a method of identi- CONGRESSIONAL ACCOUNTABILITY ACT against discrimination on the basis of dis- fying, for purposes of this section and for OF 1995 ability in the provision of public services and categories of violations of Section 210(b), the § 1.101 PURPOSE AND SCOPE accommodations. Part 2 contains the provi- entity responsible for correcting a particular § 1.102 DEFINITIONS sions pertaining to investigation and pros- violation. This section sets forth the method § 1.103 AUTHORITY OF THE BOARD ecution of charges of discrimination. Part 3 for identifying responsible entities for the § 1.104 METHOD FOR IDENTIFYING THE contains the provisions regarding the peri- purpose of allocating responsibility for cor- ENTITY RESPONSIBLE FOR CORRECTING odic inspections and reports to Congress on recting violations of Section 210(b). VIOLATIONS OF SECTION 210 compliance with the disability access stand- (b) Violations. A covered entity may vio- § 1.105 REGULATIONS INCORPORATED ards. late Section 210(b) if it discriminates against BY REFERENCE § 1.102 Definitions. a qualified individual with a disability with- § 1.101 Purpose and scope. Except as otherwise specifically provided in the meaning of Title II or Title III of the (a) CAA. Enacted into law on January 23, in these regulations, as used in these regula- ADA. 1995, the Congressional Accountability Act tions: (c) Entities Responsible for Correcting Vio- (‘‘CAA’’) in Section 210(b) provides that the (a) Act or CAA means the Congressional Ac- lations. Correction of a violation of the rights and protections against discrimina- countability Act of 1995 (Pub. L. 104–1, 109 rights and protections against discrimina- tion in the provision of public services and Stat. 3, 2 U.S.C. §§ 1301–1438). tion is the responsibility of the entities list- accommodations established by the provi- (b) ADA means the Americans With Dis- ed in subsection (a) of Section 210 of the CAA sions of Title II and III (Sections 201 through abilities Act of 1990 (42 U.S.C. §§ 12131–12150, that provide the specific public service, pro- 230, 302, 303, and 309) of the Americans With 12182, 12183, and 12189) as applied to covered gram, activity, or accommodation that Disabilities Act of 1990, 42 U.S.C. §§ 12131– entities by Section 210 of the CAA. forms the basis for the particular violation 12150, 12182, 12183, and 12189 (‘‘ADA’’) shall (c) Covered entity and public entity include of Title II or Title III rights and protections apply to the following entities: any of the entities listed in § 1.101(a) that and, when the violation involves a physical

VerDate Mar 15 2010 07:39 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.041 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5445 access barrier, the entities responsible for § 35.136 Service animals § 37.73 Purchase or lease of used non-rail designing, maintaining, managing, altering § 35.137 Mobility devices. vehicles by public entities operating fixed or constructing the facility in which the spe- § 35.138 Ticketing route systems. cific public service program, activity or ac- § 35.139 Direct threat. § 37.75 Remanufacture of non-rail vehicles commodation is conducted or provided. § 35.149 Discrimination prohibited. and purchase or lease of remanufactured (d) Allocation of Responsibility for Correc- § 35.150 Existing facilities. non-rail vehicles by public entities operating tion of Title II and/or Title III Violations. § 35.151 New Construction and alterations. fixed route systems. Where more than one entity is found to be an § 35.152 Jails, detention and correctional § 37.77 Purchase or lease of new non-rail entity responsible for correction of a viola- facilities. vehicles by public entities operating a de- tion of Title II and/or Title III rights and § 35.160 General. mand responsive system for the general pub- protections under the method set forth in § 35.161 Telecommunications. lic. this section, as between those parties, allo- § 35.162 Telephone emergency services. § 37.79 Purchase or lease of new rail vehi- cation of responsibility for correcting the § 35.163 Information and signage. cles by public entities operating rapid or violations of Title II or Title III of the ADA § 35.164 Duties. light rail systems. may be determined by statute, contract, § 36.101 Purpose. § 37.81 Purchase or lease of used rail vehi- § 36.102 Application. order, or other enforceable arrangement or cles by public entities operating rapid or § 36.103 Relationship to other laws. relationship. light rail systems. § 36.104 Definitions. § 37.83 Remanufacture of rail vehicles and § 1.105 Regulations incorporated by ref- § 36.201 General. purchase or lease of remanufactured rail ve- erence. § 36.202 Activities. hicles by public entities operating rapid or (a) Technical and Nomenclature Changes to § 36.203 Integrated settings. light rail systems. Regulations Incorporated by Reference. The § 36.204 Administrative methods. § 37.101 Purchase or lease of vehicles by definitions in the regulations incorporated § 36.205 Association. private entities not primarily engaged in the by reference (‘‘incorporated regulations’’) § 36.207 Places of public accommodations business of transporting people. shall be used to interpret these regulations located in private residences. § 37.105 Equivalent service standard. except when they differ from the definitions § 36.208 Direct threat. § 37.121 Requirement for comparable com- in § 1.102 or the modifications listed below, in § 36.209 Illegal use of drugs. plementary paratransit service. which case the definition in § 1.102 or the § 36.210 Smoking. § 36.211 Maintenance of accessible features. § 37.123 ADA paratransit eligibility: Stand- modification listed below shall be used. The ards. incorporated regulations are hereby modified § 36.213 Relationship of subpart B to sub- parts C and D of this part. § 37.125 ADA paratransit eligibility: Proc- as follows: ess. (1) When the incorporated regulations refer § 36.301 Eligibility criteria. § 36.302 Modifications in policies, practices, § 37.127 Complementary paratransit serv- to ‘‘Assistant Attorney General,’’ ‘‘Department ice for visitors. of Justice,’’ ‘‘FTA Administrator,’’ ‘‘FTA re- or procedures. § 36.303 Auxiliary aids and services. § 37.129 Types of service. gional office,’’ ‘‘Administrator,’’ ‘‘Secretary,’’ § 37.131 Service criteria for complemen- or any other executive branch office or offi- § 36.304 Removal of barriers. § 36.305 Alternatives to barrier removal. tary paratransit. cer, ‘‘General Counsel’’ is hereby substituted. § 37.133 Subscription service. (2) When the incorporated regulations refer § 36.306 Personal devices and services. § 36.307 Accessible or special goods. § 37.135 Submission of paratransit plan. to the date ‘‘January 26, 1992,’’ the date ‘‘Jan- § 37.137 Paratransit plan development. uary 1, 1997’’ is hereby substituted. § 36.308 Seating in assembly areas. § 36.309 Examinations and courses. § 37.139 Plan contents. (3) When the incorporated regulations oth- § 37.141 Requirements for a joint para- erwise specify a date by which some action § 36.310 Transportation provided by public accommodations. transit plan. must be completed, the date that is three § 37.143 Paratransit plan implementation. years from the effective date of these regula- § 36.402 Alterations. § 36.403 Alterations: Path of travel. § 37.147 Considerations during FTA re- tions is hereby substituted. view. (4) When the incorporated regulations con- § 36.404 Alterations: Elevator exemption. § 36.405 Alterations: Historic preservation. § 37.149 Disapproved plans. tain an exception for an ‘‘historic’’ property, § 36.406 Standards for new construction § 37.151 Waiver for undue financial bur- building, or facility that exception shall and alterations. den. apply to properties, buildings, or facilities Appendix A to Part 36—Standards for Ac- § 37.153 FTA waiver determination. designated as an historic or heritage asset by cessible Design. § 37.155 Factors in decision to grant an the Office of the Architect of the Capitol in Appendix B to Part 36—Preamble to Regu- undue financial burden waiver. accordance with its preservation policy and lation on Nondiscrimination on the Basis of § 37.161 Maintenance of accessible fea- standards and where, in accordance with its Disability by Public Accommodations (Pub- tures: General. preservation policy and standards, the Office lished July 26, 1991). § 37.163 Keeping vehicle lifts in operative of the Architect of the Capitol determines (d) Incorporated Regulations from 49 C.F.R. condition: Public entities. that compliance with the requirements for Parts 37 and 38. The following regulations § 37.165 Lift and securement use. accessible routes, entrances, or toilet facili- from 49 C.F.R. Parts 37 and 38 that are pub- § 37.167 Other service requirements. ties would threaten or destroy the historic lished in the Code of Federal Regulations on § 37.171 Equivalency requirement for de- significance of the building or facility, the the effective date of these regulations are mand responsive service operated by private exceptions for alterations to qualified his- hereby incorporated by reference as though entities not primarily engaged in the busi- toric buildings or facilities for that element stated in detail herein: ness of transporting people. shall be permitted to apply. § 37.1 Purpose. § 37.173 Training requirements. (b) When a covered Rule of Interpretation. § 37.3 Definitions. Appendix A to Part 37—Modifications to entity is subject to conflicting regulations § 37.5 Nondiscrimination. Standards for Accessible Transportation Fa- implementing both Title II and Title III of § 37.7 Standards for accessible vehicles. cilities. the ADA, the regulation providing the most § 37.9 Standards for accessible transpor- Appendix D to Part 37—Construction and access shall apply. tation facilities. Interpretation of Provisions of 49 CFR Part (c) Incorporated Regulations from 28 C.F.R. § 37.13 Effective date for certain vehicle 37. Parts 35 and 36. The following regulations specifications. § 38.1 Purpose. from 28 C.F.R. Parts 35 and 36 that are pub- § 37.21 Applicability: General. § 38.2 Equivalent facilitation. lished in the Code of Federal Regulations on § 37.23 Service under contract. § 38.3 Definitions. the effective date of these regulations are § 37.27 Transportation for elementary and § 38.4 Miscellaneous instructions. hereby incorporated by reference as though secondary education systems. § 38.21 General. stated in detail herein: § 37.31 Vanpools. § 38.23 Mobility aid accessibility. § 35.101 Purpose. § 37.37 Other applications. § 38.25 Doors, steps and thresholds. § 35.102 Application. § 37.41 Construction of transportation fa- § 38.27 Priority seating signs. § 35.103 Relationship to other laws. cilities by public entities. § 38.29 Interior circulation, handrails and § 35.104 Definitions. § 37.43 Alteration of transportation facili- stanchions. § 35.105 Self-evaluation ties by public entities. § 38.31 Lighting. § 35.106 Notice. § 37.45 Construction and alteration of § 38.33 Fare box. § 35.107 Designation of responsible em- transportation facilities by private entities. § 38.35 Public information system. ployee and adoption of grievance procedures. § 37.47 Key stations in light and rapid rail § 38.37 Stop request. § 35.130 General prohibitions against dis- systems. § 38.39 Destination and route signs. crimination. § 37.61 Public transportation programs § 38.51 General. § 35.131 Illegal use of drugs. and activities in existing facilities. § 38.53 Doorways. § 35.132 Smoking. § 37.71 Purchase or lease of new non-rail § 38.55 Priority seating signs. § 35.133 Maintenance of accessible features. vehicles by public entities operating fixed § 38.57 Interior circulation, handrails and § 35.135 Personal devices and services. route systems. stanchions.

VerDate Mar 15 2010 07:39 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.042 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5446 CONGRESSIONAL RECORD — SENATE September 9, 2014 § 38.59 Floor surfaces. § 2.103 Investigatory Authority. ficer and the Board, in their discretion, may § 38.61 Public information system. (a) Investigatory Methods. When inves- allow the prevailing charging individual a § 38.63 Between-car barriers. tigating charges of discrimination and con- reasonable attorney’s fee, including litiga- § 38.71 General. ducting inspections, the General Counsel is tion expenses, and costs, and the covered en- § 38.73 Doorways. authorized to use all the modes of inquiry tity responsible for correcting the violation § 38.75 Priority seating signs. and investigation traditionally employed or shall pay such fees, expenses and costs from § 38.77 Interior circulation, handrails and useful to execute this investigatory author- its appropriated funds as part of the funds to stanchions. ity. The authorized methods of investigation correct violations of Section 210 under Sec- § 38.79 Floors, steps and thresholds. tion 415(c) of the CAA. include, but are not limited to, the fol- § 38.81 Lighting. (2) Compensatory Damages. In any action § 38.83 Mobility aid accessibility. lowing: (1) requiring the parties to provide or commenced pursuant to Section 210 of the § 38.85 Between-car barriers. produce ready access to: all physical areas CAA by the General Counsel, when a charg- § 38.87 Public information system. subject to an inspection or investigation, in- ing individual has intervened, the hearing of- § 38.171 General. dividuals with relevant knowledge con- ficer and the Board, in their discretion, may § 38.173 Automated guideway transit vehi- cerning the inspection or investigation who award compensatory damages to the pre- cles and systems. can be interviewed or questioned, and docu- vailing charging individual, and the covered § 38.179 Trams, and similar vehicles, and ments pertinent to the investigation; and (2) entity responsible for correcting the viola- systems. requiring the parties to provide written an- tion shall pay such compensatory damages Figures to Part 38. swers to questions, statements of position, from its appropriated funds as part of the Appendix to Part 38—Guidance Material. and any other information relating to a po- funds to correct violations of Section 210 (e) Incorporated Regulation from 36 C.F.R. tential violation or demonstrating compli- under Section 415(c) of the CAA. Part 1190. The following regulation from 36 ance. (b) Compliance Date. Compliance shall C.F.R. Part 1190 that is published in the Code (b) Duty to Cooperate with Investigations. take place as soon as possible, but no later of Federal Regulations on the effective date Charging individuals and covered entities than the fiscal year following the end of the of these regulations is hereby incorporated shall cooperate with investigations con- fiscal year in which the order requiring cor- by reference as though detail herein: ducted by the General Counsel. Cooperation rection becomes final and not subject to fur- § 1190.3—Accessible buildings and facilities: includes providing timely responses to rea- ther review. Leased. sonable requests for information and docu- § 2.108 Judicial Review. PART 2—MATTERS PERTAINING TO IN- ments (including the making and retention VESTIGATION AND PROSECUTION OF A charging individual who has intervened of copies of records and documents), allowing or any respondent to the complaint, if ag- CHARGES OF DISCRIMINATION. the General Counsel to review documents § 2.101 PURPOSE AND SCOPE grieved by a final decision of the Board, may and interview relevant witnesses confiden- file a petition for review in the United States § 2.102 DEFINITIONS tially and without managerial interference § 2.103 INVESTIGATORY AUTHORITY Court of Appeals for the Federal Circuit, pur- or influence, and granting the General Coun- suant to Section 407 of the CAA. § 2.104 MEDIATION sel ready access to all facilities where cov- § 2.105 COMPLAINT PART 3—MATTERS PERTAINING TO ered services, programs and activities are § 2.106 INTERVENTION BY CHARGING PERIODIC INSPECTIONS AND REPORTING. being provided and all places of public ac- INDIVIDUAL § 3.101 PURPOSE AND SCOPE commodation. § 2.107 REMEDIES AND COMPLIANCE § 3.102 DEFINITIONS § 3.103 INSPECTION AUTHORITY § 2.108 JUDICIAL REVIEW § 2.104 Mediation. § 3.104 REPORTING, ESTIMATED COST & § 2.101 Purpose and Scope. (a) Belief that violation may have occurred. TIME AND COMPLIANCE If, after investigation, the General Counsel Section 210(d) of the CAA requires that the § 3.101 Purpose and scope. General Counsel accept and investigate believes that a violation of the ADA may have occurred and that mediation may be Section 210(f) of the CAA requires that the charges of discrimination filed by qualified General Counsel, on a regular basis, at least individuals with disabilities who allege a helpful in resolving the dispute, prior to fil- ing a complaint, the General Counsel may once each Congress, inspect the facilities of violation of Title II or Title III of the ADA covered entities to ensure compliance with request, but not participate in, mediation by a covered entity. Part 2 of these regula- the Titles II and III of the ADA and to pre- under subsections (b) through (d) of Section tions contains the provisions pertaining to pare and submit a report to Congress con- 403 of the CAA between the charging indi- investigation and prosecution of charges of taining the results of the periodic inspec- vidual and any entity responsible for cor- discrimination. By procedural rule or policy, tions, describing any violations, assessing recting the alleged violation. the General Counsel or the Office may fur- any limitations in accessibility, and pro- (b) If, prior to the filing of a ther describe how the General Counsel will Settlement. viding the estimated cost and time needed complaint, the charging individual and the exercise the statutory authority provided by for abatement. Part 3 of these regulations entity responsible for correcting the viola- Section 210. contains the provisions pertaining to these tion reach a settlement agreement that fully § 2.102 Definitions. inspection and reporting duties. By proce- resolves the dispute, the General Counsel (a) Charge means any written document dural rule or policy, the General Counsel or shall close the investigation of the charge the Office may further describe how the Gen- from a qualified individual with a disability without taking further action. or that individual’s designated representa- eral Counsel will exercise this statutory au- (c) Mediation Unsuccessful. If mediation thority provided by Section 210. tive which suggests or alleges that a covered under (a) has not succeeded in resolving the entity denied that individual the rights and dispute, and if the General Counsel believes § 3.102 Definitions. protections against discrimination in the that a violation of the ADA may have oc- (a) The facilities of covered entities means provision of public services and accommoda- curred, the General Counsel may file with all facilities used to provide public pro- tions provided in Section 210(b)(1) of the the Office a complaint against any entity re- grams, activities, services or accommoda- CAA. sponsible for correcting the violation. tions that are designed, maintained, altered (b) File a charge means providing a charge or constructed by a covered entity and all fa- to the General Counsel in person, by mail, by § 2.105 Complaint. cilities where covered entities provide public electronic transmission, or by any other The complaint filed by the General Counsel programs, activities, services or accommoda- means used by the General Counsel to re- shall be submitted to a hearing officer for tions. ceive documents. Charges shall be filed with- decision pursuant to subsections (b) through (b) Violation means any barrier to access in 180 days of the occurrence of the alleged (h) of Section 405 of the CAA. The decision of caused by noncompliance with the applicable violation. the hearing officer shall be subject to review standards. (c) The occurrence of the alleged violation by the Board pursuant to Section 406 of the (c) Estimated cost and time needed for means the later of (1) the date on which the CAA. abatement means cost and time estimates that can be reported as falling within a charging individual was allegedly discrimi- § 2.106 Intervention by Charging Individual. nated against; or (2) the last date on which range of dollar amounts and dates. Any person who has filed a charge may in- the service, activity, program or public ac- § 3.103 Inspection authority. tervene as of right, with the full rights of a commodation described by the charging party, whenever a complaint is filed by the (a) General scope of authority. On a regular party was operated in a way that denied ac- General Counsel. basis, at least once each Congress, the Gen- cess in the manner alleged by the charging eral Counsel shall inspect the facilities of party. § 2.107 Remedies and Compliance. covered entities to ensure compliance with (d) The rights and protections against dis- (a) Remedy. The remedy for a violation of the Titles II and III of the ADA. When con- crimination in the provision of public services Section 210 of the CAA shall be such remedy ducting these inspections, the General Coun- and accommodations means all of the rights as would be appropriate if awarded under sel has the discretion to decide which facili- and protections provided by Section 210(b)(1) Section 203 or 308(a) of the ADA. ties will be inspected and how inspections of the CAA through incorporation of Sec- (1) Attorney Fees and Costs. In any action will be conducted. The General Counsel may tions 201 through 230, 203, 303, and 309 of the commenced pursuant to Section 210 of the receive requests for ADA inspections, includ- ADA and by the regulations issued by the CAA by the General Counsel, when a charg- ing anonymous requests, and conduct inspec- Board to implement Section 210 of the CAA. ing individual has intervened, the hearing of- tions for compliance with Titles II and III of

VerDate Mar 15 2010 08:13 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.044 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5447

the ADA in the same manner that the Gen- U.S. CONGRESS, invited for a period of thirty (30) days fol- eral Counsel receives and investigates re- OFFICE OF COMPLIANCE, lowing the date of the appearance of this NO- quests for inspections under Section 215(c)(1) Washington, DC. TICE in the Congressional Record. In addi- of the CAA. Hon. PATRICK J. LEAHY, tion to being posted on the Office of Compli- (b) Review of information and documents. President Pro Tempore of the Senate, ance’s section 508 compliant web site When conducting inspections under Section Washington, DC. (www.compliance.gov), this NOTICE is also 210(f) of the CAA, the General Counsel may DEAR MR. PRESIDENT: Section 303(a) of the available in the following alternative for- request, obtain, and review any and all infor- Congressional Accountability Act of 1995 mats: Large Print, Braille. Requests for this mation or documents deemed by the General (CAA), 2 U.S.C. I383(a), requires that, with NOTICE in an alternative format should be Counsel to be relevant to a determination of regard to the initial proposal of procedural made to Annie Leftwood, Office of Compli- whether the covered entity is in compliance rules under the CAA, the Executive Director ance, at 202/724–9272 (voice). Submission of with Section 210 of the CAA. ‘‘shall, subject to the approval of the Board comments must be made in writing to the [of Directors], adopt rules governing the pro- Executive Director, Office of Compliance, 110 (c) Duty to cooperate. Covered entities shall cooperate with any inspection con- cedures of the Office . . . publish a general Second Street, S.E., Room LA–200, Wash- ducted by the General Counsel in the manner notice of proposed rulemaking’’ and ‘‘shall ington, D.C. 20540–1999. It is requested, but provided by § 2.103(b). transmit such notice to the Speaker of the not required, that an electronic version of House of Representatives and the President any comments be provided via e-mail to: (d) Pre-construction review of alteration pro tempore of the Senate for publication in Annie Leftwood: and construction projects. Any project in- the Congressional Record on the first day of [email protected]. Comments volving alteration or new construction of fa- which both Houses are in session following may also be submitted by facsimile to the cilities of covered entities are subject to in- such transmittal.’’ Executive Director at 202–426–1913 (a non spection by the General Counsel for compli- Having obtained the approval of the Board toll-free number). Those wishing to receive ance with Titles II and III of the ADA during as required by Section 303(b) of the CAA, 2 confirmation of the receipt of their com- the design, pre-construction, construction, U.S.C. I383(b), I am transmitting the at- ments are requested to provide a self-ad- and post construction phases of the project. tached notice of proposed procedural rule- dressed, stamped post card with their sub- The Office of the Architect of the Capitol making to the President pro tempore of the mission. Copies of submitted comments will shall, within one year from the effective date Senate. I request that this notice be pub- be available for review at the Office of Com- of these regulations, develop a process with lished in the Senate section of the Congres- pliance, 110 Second Street, S.E., Washington, the General Counsel to identify potential sional Record on the first day on which both D.C. 20540–1999, on Monday through Friday barriers to access prior to the completion of Houses are in session following the receipt of (non-Federal holidays) between the hours of alteration and construction projects that this transmittal. In compliance with Section 9:30 a.m. and 4:30 p.m. may include the following provisions: 303(b) of the CAA, a comment period of 30 SUPPLEMENTARY INFORMATION (1) Design review or approval; days after the publication of this notice of The Congressional Accountability Act of (2) Inspections of ongoing alteration and proposed rulemaking is being provided before 1995 (CAA), PL 104–1, was enacted into law on construction projects; adoption of the rules. January 23, 1995. The CAA applies the rights (3) Training on the applicable ADA stand- Any inquiries regarding this notice should and protections of 13 federal labor and em- ards; be addressed to Barbara J. Sapin, Executive ployment statutes to covered employees and Director of the Office of Compliance, Room (4) Final inspections of completed projects employing offices within the Legislative LA–200, 110 2nd Street SE., Washington, DC for compliance; and Branch of Government. Section 301 of the 20540; 202–724–9250. CAA (2 U.S.C. 1381) establishes the Office of (5) Any other provision that would likely Sincerely, reduce the number of ADA barriers in alter- Compliance as an independent office within BARBARA J. SAPIN, that Branch. Section 303 (2 U.S.C. 1383) di- ations and new construction and the costs Executive Director, associated with correcting them. rects that the Executive Director, as the Office of Compliance. Chief Operating Officer of the agency, adopt § 3.104 Reporting, estimating cost & time and Attachment. rules of procedure governing the Office of compliance date. FROM THE EXECUTIVE DIRECTOR OF THE OF- Compliance, subject to approval by the (a) Reporting duty. On a regular basis, at FICE OF COMPLIANCE: NOTICE OF PROPOSED Board of Directors of the Office. least once each Congress, the General Coun- RULEMAKING (‘‘NPRM’’), AND REQUEST FOR The rules of procedure establish the proc- sel shall prepare and submit a report to Con- COMMENTS FROM INTERESTED PARTIES. ess by which alleged violations of the 13 laws gress containing the results of the periodic PROPOSED AMENDMENTS TO THE RULES OF PRO- made applicable to the Legislative Branch inspections conducted under § 3.103(a), de- CEDURE, NOTICE OF PROPOSED RULEMAKING, under the CAA will be considered and re- scribing any violations, assessing any limita- AS REQUIRED BY 2 U.S.C. § 1383, THE CONGRES- solved. Subpart A covers general provisions tions in accessibility, and providing the esti- SIONAL ACCOUNTABILITY ACT OF 1995, AS pertaining to scope and policy, definitions, mated cost and time needed for abatement. AMENDED (‘‘CAA’’). and information on various filings and com- putation of time. Proposed Amendments to (b) Estimated cost & time. Covered entities INTRODUCTORY STATEMENT Subpart A provide for electronic filing and shall cooperate with the General Counsel by Shortly after the creation of the Office of clarify requirements and procedures con- providing information needed to provide the Compliance (Office) in 1995, Procedural Rules cerning confidentiality. Subpart B provides estimated cost and time needed for abate- were adopted to govern the processing of procedures for counseling, mediation, and ment in the manner provided by § 2.103(b). cases and controversies under the adminis- election between filing an administrative trative procedures established in subchapter (c) Compliance date. All barriers to access complaint with the Office of Compliance or IV of the Congressional Accountability Act identified by the General Counsel in its peri- filing a civil action in U.S. District Court. A of 1995 (CAA) 2 U.S.C. 1401–1407. The Rules of odic reports shall be removed or otherwise new Subpart C of the Procedural Rules sets Procedure were amended in 1998 and again in corrected as soon as possible, but no later forth the proposed rules and procedures for 2004. The existing Rules of Procedure are than the fiscal year following the end of the enforcement of the inspection, investigation available in their entirety on the Office of fiscal year in which the report describing the and complaint sections 210(d) and (f) of the Compliance’s web site: www.compliance.gov. barrier to access was issued by the General CAA relating to Public Services and Accom- The web site is fully compliant with section Counsel. modations under Titles II and III of the 508 of the Rehabilitation Act of 1973 (29 Recommended Method of Approval: Americans with Disabilities Act (ADA). Sub- U.S.C. 794d). part C has been reserved for these rules since The Board recommends that (1) the version Pursuant to section 303(a) of the CAA (2 1995. Because the Office of the General Coun- of the proposed regulations that shall apply U.S.C. 1383(a)), the Executive Director of the sel conducts ADA inspections and inves- to the Senate and entities and facilities of Office has obtained approval of the Board of tigates ADA charges using procedures that the Senate be approved by the Senate by res- Directors of the Office of Compliance regard- are similar to what are used in its Occupa- olution; (2) the version of the proposed regu- ing certain amendments to the Rules of Pro- tional, Safety and Health (OSH) inspections lations that shall apply to the House of Rep- cedure. and investigations conducted under section resentatives and entities and facilities of the After obtaining the Board’s approval, the 215 of the CAA, the procedural rules are simi- House of Representatives be approved by the Executive Director must then ‘‘publish a lar to what are contained in Subpart D of the House of Representatives by resolution; and general notice of proposed rulemaking . . . Procedural Rules relating to OSH inspec- (3) the version of the proposed regulations for publication in the Congressional Record tions and investigations. The proposed that shall apply to other covered entities on the first day on which both Houses are in Amendments to Subpart D clarify potential and facilities be approved by the Congress by session following such transmittal.’’ (Sec- ambiguities in the rules and procedures and concurrent resolution. tion 303(b) of the CAA, 2 U.S.C. 1383(b)). make modifications in terminology to better Signed at Washington, D.C., on this 9th NOTICE comport with the statutory language used in day of September, 2014. Comments regarding the proposed amend- Section 215 of the CAA. Subparts E, F, and G BARBARA L. CAMENS, ments to the Rules of Procedure of the Office include the process for the conduct of admin- Chair of the Board, Office of Compliance. of Compliance set forth in this NOTICE are istrative hearings held as the result of the

VerDate Mar 15 2010 08:46 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.046 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5448 CONGRESSIONAL RECORD — SENATE September 9, 2014 filing of an administrative complaint. Sub- ...... part H sets forth the procedures for appeals (b) Covered Employee. The term ‘‘covered § 1.03 Filing and Computation of Time of decisions by hearing officers to the Board employee’’ means any employee of (a) Method of Filing. Documents may be filed of Directors of the Office of Compliance and ..... in person, electronically, by facsimile (FAX), for appeals of decisions by the Board of Di- (3) the øCapitol Guide Service¿ Office of Con- or by mail, including express, overnight and rectors to the United States Court of Ap- other expedited delivery. øWhen specifically gressional Accessibility Services; peals for the Federal Circuit. Proposed requested by the Executive Director, or by a (4) the United States Capitol Police; Amendments to Subpart H also reference Hearing Officer in the case of a matter pending procedures for other proceedings before the ..... before the Hearing Officer, or by the Board of Board. Subpart I of the Rules contain other (9) for the purposes stated in paragraph (q) Directors in the case of an appeal to the Board, matters of general applicability to the dis- of this section, the øGeneral Accounting¿ Gov- any document may also be filed by electronic pute resolution process and to the operation ernment Accountability Office or the Library transmittal in a designated format, with receipt of the Office of Compliance, including pro- of Congress. confirmed by electronic transmittal in the same posed Amendments concerning attorney’s ..... format. Requests for counseling under section fees and violations of formal settlement (d) Employee of the Office of the Architect of 2.03, requests for mediation under section 2.04 agreements. the Capitol. The term ‘‘employee of the Office and complaints under section 5.01 of these rules These proposed amendments to the Rules of the Architect of the Capitol’’ includes any may also be filed by facsimile (FAX) trans- of Procedure are the result of the experience employee of the Office of the Architect of mission. In addition, the Board or a Hearing Of- of the Office in processing disputes under the ficer may order other documents to be filed by the Capitol, or the Botanic Garden øor the CAA since the original adoption of these Senate Restaurants¿. FAX. The original copies of documents filed by Rules in 1995. The proposed Amendments to (e) Employee of the Capitol Police. The term FAX must also be mailed to the Office no later ¿ Subpart D of the Procedural Rules reflect ‘‘employee of the Capitol Police’’ includes ci- than the day following FAX transmission. The the experience of the Office of General Coun- vilian employees and any member or officer filing of all documents is subject to the limi- sel in conducting OSH inspections and inves- of the Capitol Police. tations set forth below. The Board, Hearing tigations since 1995. (f) Employee of the House of Representatives. Officer, the Executive Director, or the Gen- EXPLANATION REGARDING THE TEXT OF THE The term ‘‘employee of the House of Rep- eral Counsel may, in their discretion, deter- PROPOSED AMENDMENTS resentatives’’ includes an individual occu- mine the method by which documents may be filed in a particular proceeding, including Material from the 2004 version of the Rules pying a position the pay for which is dis- ordering one or more parties to use mail, is printed in roman type. The text of the pro- bursed by the Clerk of the House of Rep- FAX, electronic filing, or personal delivery. posed amendments shows ƒdeletions in resentatives, or another official designated ≈ by the House of Representatives, or any em- Parties and their representatives are respon- italicized type within bold italics brackets and sible for ensuring that the Office always has ployment position in an entity that is paid added text in bold. Only subsections of the their current postal mailing and e-mail ad- with funds derived from the clerk-hire allow- Rules that include proposed amendments are dresses and FAX numbers. reproduced in this NOTICE. The insertion of ance of the House of Representatives, but ..... a series of small dots (.....) indicates addi- not any such individual employed by any en- ƒ ≈ tional, unamended text within a section has tity listed in subparagraphs (3) through (9) of (2) Mailing By Mail. (i) If mailed, in- not been reproduced in this document. The paragraph (b) above. Requests for Mediation. cluding express, overnight and other expe- insertion of a series of asterisks (*****) (g) Employee of the Senate. The term ‘‘em- dited delivery, a request for mediation ƒor a indicates that the unamended text of entire ployee of the Senate’’ includes any employee complaint≈ is deemed filed on the date of its sections of the Rules have not been repro- whose pay is disbursed by the Secretary of receipt in the Office. duced in this document. For the text of other the Senate, but not any such individual em- (ii) Other Documents. ƒA document,≈ Docu- portions of the Rules which are not proposed ployed by any entity listed in subparagraphs ments, other than a request for mediation, to be amended, please access the Office of (3) through (9) of paragraph (b) above. ƒ ≈ (h) Employing Office. The term ‘‘employing or a complaint, is are deemed filed on the Compliance web site at www.compliance.gov. ƒ ≈ office’’ means: date of its their postmark or proof of mail- PROPOSED AMENDMENTS ing to the Office. Parties, including those ..... Subpart A—General Provisions using franked mail, are responsible for en- (4) the øCapitol Guide Service¿ Office of Con- suring that any mailed document bears a § 1.01 Scope and Policy gressional Accessibility Services, the United postmark date or other proof of the actual § 1.02 Definitions States Capitol Police, the Congressional date of mailing. In the absence of a legible § 1.03 Filing and Computation of Time Budget Office, the Office of the Architect of postmark a document will be deemed timely § 1.04 Availability of Official Information the Capitol, the Office of the Attending Phy- filed if it is received by the Office at Adams § 1.05 Designation of Representative sician, and the Office of Compliance; or Building, Room LA 200, 110 Second Street, § 1.06 Maintenance of Confidentiality (5) for the purposes stated in paragraph S.E., Washington, D.C. 20540–1999, by mail § 1.07 Breach of Confidentiality Provisions ø(q)¿ (r) of this section, the øGeneral Account- within five (5) days of the expiration of the § 1.01 Scope and Policy. ing¿ Government Accountability Office and applicable filing period. These rules of the Office of Compliance the Library of Congress (3) ƒFaxing Documents≈ By FAX. Documents govern the procedures for consideration and (j) Designated Representative. The term transmitted by FAX machine will be deemed resolution of alleged violations of the laws ‘‘designated representative’’ means an indi- filed on the date received at the Office at made applicable under Parts A, B, C, and D vidual, firm, or other entity designated in 202–426–1913, or ƒ, in the case of any document of title II of the Congressional Account- writing by a party to represent the interests to be filed or submitted to the General Counsel,≈ ability Act of 1995. The rules include defini- of that party in a matter filed with the Of- on the date received at the Office of the Gen- tions, procedures for counseling, mediation, fice. eral Counsel at 202–426–1663 if received by and for electing between filing a complaint ..... 11:59 p.m. Eastern Time. Faxed documents re- ceived after 11:59 p.m. Eastern Time will be with the Office of Compliance and filing a —Re-letter subsequent paragraphs— civil action in a district court of the United deemed filed the following business day. A ø(o)¿(p) General Counsel. The term ‘‘Gen- States under Part A of title II. The rules also FAX filing will be timely only if the docu- eral Counsel’’ means the General Counsel of address the procedures for compliance, inves- ment is received no later than ƒ5:00 PM≈ 11:59 the Office of Compliance and any authorized tigation and enforcement under Part B of p.m. Eastern Time on the last day of the ap- representative or designee of the General title II, øvariances¿ and for compliance, inves- plicable filing period. Any party using a FAX Counsel. tigation, øand¿ enforcement, and variance machine to file a document bears the respon- ø(p)¿(q) Hearing Officer. The term ‘‘Hearing under Part C of title II. The rules include sibility for ensuring both that the document Officer’’ means any individual ødesignated¿ øand¿ procedures for the conduct of hearings is timely and accurately transmitted and by the Executive Director to pre- held as a result of the filing of a complaint appointed confirming that the Office has received a fac- side over a hearing conducted on matters ƒ and for appeals to the Board of Directors of simile of the document. The party or indi- within the Office’s jurisdiction. the Office of Compliance from Hearing Offi- vidual filing the document may rely on its FAX ø(q)¿(r) Coverage of the øGeneral Accounting¿ cer decisions, as well as other matters of status report sheet to show that it filed the doc- Government Accountability Office and the Li- general applicability to the dispute resolu- ument in a timely manner, provided that the brary of Congress and their Employees. The tion process and to the operations of the Of- status report indicates the date of the FAX, the term ‘‘employing office’’ shall include the fice of Compliance. It is the policy of the Of- receiver’s FAX number, the number of pages in- øGeneral Accounting¿ Government Account- fice that these rules shall be applied with cluded in the FAX, and that transmission was ability Office and the Library of Congress, ≈ due regard to the rights of all parties and in completed. The time displayed as received by and the term ‘‘covered employee’’ shall in- a manner that expedites the resolution of the Office on its FAX status report will be clude employees of the øGeneral Accounting¿ disputes. used to show the time that the document was Government Accountability Office and the filed. When the Office serves a document by § 1.02 Definitions. Library of Congress, for purposes of the pro- FAX, the time displayed as sent by the Office Except as otherwise specifically provided ceedings and rulemakings described in sub- on its FAX status report will be used to show in these rules, for purposes of this Part: paragraphs (1) and (2): the time that the document was served. A

VerDate Mar 15 2010 08:46 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.048 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5449 FAX filing cannot exceed 75 pages, inclusive mediation, requests for inspection under appropriate, upon motion or upon ƒits≈ their of table of contents, table of authorities, and OSH, unfair labor practice charges, charges own initiative,ƒshall≈ may impose ƒupon the attachments. Attachments exceeding 75 pages under titles II and III of the ADA, ƒone origi- person who signed it, a represented party, or must be submitted to the Office in person or nal and three copies of≈ all motions, briefs, re- both,≈ an appropriate sanction, which may by electronic delivery. The date of filing will sponses, and other documents must be filed include ƒan order to pay to the other party or be determined by the date the brief, motion, ƒ,whenever required,≈ with the Office ƒor parties the amount of the reasonable expenses response, or supporting memorandum is re- Hearing Officer≈. ƒHowever, when a party ag- incurred because of the filing of the pleading, ceived in the Office, rather than the date the grieved by the decision of a Hearing Officer or motion, or other filing, including a reasonable attachments, were received in the Office. a party to any other matter or determination re- attorney’s fee. A Hearing Officer or the Board, (4) By Electronic Mail. Documents trans- viewable by the Board files an appeal or other as appropriate, upon motion or its own initia- mitted electronically will be deemed filed on submission with the Board, one original and tive may also impose an appropriate sanction, the date received at the Office at seven copies of any submission and any re- which may include≈ the sanctions specified in [email protected], or on the date re- sponses must be filed with the Office. The Of- section 7.02 ƒ, for any other violation of these ceived at the Office of the General Counsel at fice, Hearing Officer, or Board may also request rules that does not result from reasonable [email protected] if received by 11:59 a≈A party ƒto submit≈ may file an electronic error≈. ƒ ≈ p.m. Eastern Time. Documents received elec- version of any submission in a designated ƒ§ 1.04≈ § 1.06 Availability of Official Informa- tronically after 11:59 p.m. Eastern Time will format designated by the Executive Director, tion. be deemed filed the following business day. General Counsel, Hearing Officer, or Board, (a) Policy. It is the policy of the Board, the with receipt confirmed by electronic trans- An electronic filing will be timely only if the ƒOffice≈ Executive Director, and the General mittal in the same format. document is received no later than 11:59 p.m. Counsel, except as otherwise ordered by the Eastern Time on the last day of the applica- (b) Service. The parties shall serve on each other one copy of all motions, briefs, re- Board, to make available for public inspec- ble filing period. Any party filing a document tion and copying final decisions and orders of electronically bears the responsibility for en- sponses and other documents filed with the Office, other than the request for counseling, the Board and the Office, as specified and de- suring both that the document is timely and scribed in paragraph (d) below. accurately transmitted and for confirming the request for mediation and complaint...... that the Office has received the document. Service shall be made by mailing, by fax or The time displayed as received by the Office e-mailing, or by hand delivering a copy of the (c) Copies of Forms. Copies of blank forms will be used to show the time that the docu- motion, brief, response or other document to prescribed by the Office for the filing of com- ment has been filed. When the Office serves each party, or if represented, the party’s rep- plaints and other actions or requests may be a document electronically, the time displayed resentative, on the service list previously obtained from the Office or on line at as sent by the Office will be used to show the provided by the Office. Each of these docu- www.compliance.gov. time that the document was served. ments must be accompanied by a certificate ..... (b) Service by the Office. At its discretion, of service specifying how, when and on whom (f) Access by Committees of Congress. ƒAt the the Office may serve documents by mail, service was made. It shall be the duty of discretion of the Executive Director, the≈ The FAX, electronic transmission, or personal or each party to notify the Office and all other Executive Director, at his or her discretion, commercial delivery. parties in writing of any changes in the may provide to the Committee on Standards ƒ(b)≈(c) Computation of Time. All time peri- names or addresses on the service list. of Official Conduct of the House of Rep- ods in these rules that are stated in terms of ..... resentatives (House Committee on Ethics) days are calendar days unless otherwise (d) Size Limitations. Except as otherwise and the Select Committee on Ethics of the noted. However, when the period of time pre- specified ƒby the Hearing Officer, or these Senate (Senate Select Committee on Ethics) scribed is five (5) days or less, intermediate rules,≈ no brief, motion, response, or sup- access to the records of the hearings and de- Saturdays, Sundays, federal government porting memorandum filed with the Office cisions of the Hearing Officers and the holidays, and other full days that the Office shall exceed 35 double-spaced pages, ƒor 8,750 Board, including all written and oral testi- is officially closed for business shall be ex- words,≈ exclusive of the table of contents, mony in the possession of the Office. The cluded in the computation. To compute the table of authorities and attachments. The identifying information in these records may number of days for taking any action re- Board, the Executive Director, or Hearing Of- be redacted at the discretion of the Execu- quired or permitted under these rules, the ficer may ƒwaive, raise or reduce≈ modify this tive Director. The Executive Director shall first day shall be the day after the event limitation upon motion and for good cause not provide such access until the Executive from which the time period begins to run and shown; or on ƒits≈ their own initiative. Director has consulted with the individual the last day for filing or service shall be in- Briefs, motions, responses, and supporting filing the complaint at issue, and until a cluded in the computation. When the last memoranda shall be on standard letter-size final decision has been entered under section day falls on a Saturday, Sunday, ƒor≈ federal paper (8–1/2″ x 11″). To the extent that such a 405(g) or 406(e) of the Act. government holiday, or a day the Office is of- filing exceeds 35 double-spaced pages, the ƒ§ 1.05≈§ 1.07 Designation of Representative. the last day for taking the ac- ficially closed, Hearing Officer, Board, or Executive Director (a) ƒAn employee, other charging individual tion shall be the next regular federal govern- may, in their discretion, reject the filing in or≈ A party ƒa witness, a labor organization, ment workday. whole or in part, and may provide the parties an employing office, or an entity alleged to be ƒ(c)≈ Time Allowances for Mailing, (d) Fax, or an opportunity to refile. responsible for correcting a violation≈ wishing of Official Notices. When- Electronic Delivery ƒ§ 9.02≈ § 1.05 Signing of Pleadings, Motions to be represented ƒby another individual,≈ ever a person or party has the right or is re- and Other Filings; Violation of Rules; Sanc- must file with the Office a written notice of quired to do some act within a prescribed pe- tions. designation of representative. No more than riod after the service of a notice or other (a) Signing. Every pleading, motion, and one representative, ƒor≈ firm, or other entity document upon him or her and the notice or other filing of a party represented by an at- may be designated as representative for a document is served by ƒregular, first- torney or other designated representative party, unless approved in writing by the class≈ mail, five (5) days shall be added to shall be signed by the attorney or represent- Hearing Officer or Executive Director. The the prescribed period. ƒOnly two (2) days shall ative. A party who is not represented shall representative may be, but is not required to be added if a document is served by express mail sign the pleading, motion or other filing. In be, an attorney. If the representative is an or other form of expedited delivery.≈ When doc- the case of an electronic filing, an electronic attorney, he or she may sign the designation uments are served by certified mail, return signature is acceptable. The signature of a of representative on behalf of the party. receipt requested, the prescribed period shall representative or party constitutes a certifi- (b) Service Where There is a Representative. be calculated from the date of receipt as evi- cate by the signer that the signer has read ƒAll service≈ Service of documents shall be denced by the return receipt. When docu- the pleading, motion, or other filing; that to ƒdirected to≈ on the representative unless ments are served electronically or by FAX, the best of the signer’s knowledge, informa- and until such time as the represented ƒindi- the prescribed period shall be calculated tion, and belief formed after reasonable in- vidual, labor organization, or employing office≈ from the date of transmission by the Office. quiry, it is well grounded in fact and is war- party or representative, with notice to the ƒ(d) Service or filing of documents by certified ranted by existing law or a good faith argu- party, ƒspecifies otherwise and until such time mail, return receipt requested. Whenever these ment for the extension, modification, or re- as that individual, labor organization, or em- rules permit or require service or filing of docu- versal of existing law, and that it is not ploying office≈ notifies the Executive Direc- ments by certified mail, return receipt requested, interposed for any improper purpose, such as tor, in writing, of ƒan amendment≈ a modi- such documents may also be served or filed by to harass or to cause unnecessary delay or fication or revocation of the designation of express mail or other forms of expedited delivery needless increase in the cost of litigation. representative. Where a designation of rep- in which proof of date of receipt by the ad- ≈ (b) Sanctions. If a pleading, motion, or resentative is in effect, all time limitations dressee is provided. other filing is not signed, it shall be stricken for receipt of materials ƒby the represented ƒ§ 9.01≈ § 1.04 Filing, Service, and Size Limi- unless it is signed promptly after the omis- individual or entity≈ shall be computed in the tations of Motions, Briefs, Responses and sion is called to the attention of the person same manner as for those who are unrepre- Other Documents. who is required to sign. If a pleading, mo- sented ƒindividuals or entities≈, with service (a) Filing with the Office; Number and For- tion, or other filing is signed in violation of of the documents, however, directed to the mat. One copy of requests for counseling and this rule, a Hearing Officer or the Board, as representativeƒ, as provided≈.

VerDate Mar 15 2010 08:46 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.050 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5450 CONGRESSIONAL RECORD — SENATE September 9, 2014 (c) Revocation of a Designation of Rep- strictly confidential, except that the Office and leged violation occurred in the context of Board resentative. A revocation of a designation of a covered employee may agree to notify the em- proceedings. Upon a finding of a violation of representative, whether made by the party or ploying office of the allegations. Section 416(b) the confidentiality provisions, the Hearing Offi- by the representative with notice to the provides that all mediation shall be strictly con- cer, after notice and hearing, may impose an ap- party, must be made in writing and filed with fidential. Section 416(c) provides that all pro- propriate sanction, which may include any of the Office. The revocation will be deemed ef- ceedings and deliberations of Hearing Officers the sanctions listed in section 7.02 of these rules, fective the date of receipt by the Office. At and the Board, including any related records as well as any of the following: the discretion of the Executive Director, Gen- shall be confidential, except for release of (1) an order that the matters regarding which eral Counsel, mediator, hearing officer, or records necessary for judicial actions, access by the violation occurred or any other designated Board, additional time may be provided to certain committees of Congress, and, in accord- facts shall be taken to be established against the allow the party to designate a new represent- ance with section 416(f), publication of certain violating party for the purposes of the action in ative as consistent with the Act. final decisions. Section 416(c) does not apply to accordance with the claim of the other party; ƒ§ 1.06≈ § 1.08 ƒMaintenance of≈ Confiden- proceedings under section 215 of the Act, but (2) an order refusing to allow the violating tiality. does apply to the deliberations of Hearing Offi- party to support or oppose designated claims or (a) Policy.ƒIn accord with section 416 of the cers and the Board under section 215. See also defenses, or prohibiting him from introducing Act, it is the policy of≈ Except as provided in sections 1.06, 5.04, and 7.12 of these rules. designated matters in evidence; sections 416(d), (e), and (f) of the Act, the Of- (b) Prohibition. Unless specifically authorized (3) an order striking out pleadings or parts fice ƒto≈ shall maintain ƒ, to the fullest extent by the provisions of the CAA or by order of the thereof, or staying further proceedings until the possible, the≈ confidentiality in counseling, Board, the Hearing Officer or a court, or by the order is obeyed, or dismissing with or without mediation, and ƒof≈ the proceedings and de- procedural rules of the Office, no participant in prejudice the action or proceedings or any part liberations of hearing officers and the Board counseling, mediation or other proceedings made thereof, or rendering a judgment by default in accordance with sections 416(a),(b), and (c) confidential under section 416 of the CAA against the violating party; of the Act. ƒof the participants in proceedings (‘‘confidential proceedings’’) may disclose the (4) in lieu of any of the foregoing orders or in conducted under sections 402, 403, 405 and 406 of contents or records of those proceedings to any addition thereto, the Hearing Officer shall re- the Act and these rules.≈ person or entity, Nothing in these rules pro- quire the party violating the confidentiality pro- (b)ƒAt the time that any individual, employ- hibits a bona fide representative of a party visions or the representative advising him, or ing office or party, including a designated rep- under section 1.05 from engaging in communica- both, to pay, at such time as ordered by the resentative, becomes a participant in counseling tions with that party for the purpose of partici- Hearing Officer, the reasonable expenses, in- under section 402, mediation under section 403, pation in the proceedings, provided that such cluding attorney fees, caused by the violation, the complaint and hearing process under section disclosure is not made in the presence of individ- unless the Hearing Officer finds that the failure 405, or an appeal to the Board under section 406 uals not reasonably necessary to the representa- was substantially justified or that other cir- of the Act, or any related proceeding, the Office tive’s representation of that party. Moreover, cumstances make an award of expenses unjust. will advise the participant of the confidentiality nothing in these rules prohibits a party or its Such an order shall be subject to review on ap- requirements of section 416 of the Act and these representative from disclosing information ob- peal of the final decision of the Hearing Officer rules and that sanctions may be imposed for a tained in confidential proceedings for the lim- under section 406 of the Act. No sanctions may violation of those requirements.≈ Participant. ited purposes of investigating claims, ensuring be imposed under this section except for good For the purposes of this rule, participant compliance with the Act or preparing its pros- cause and the particulars of which must be stat- means an individual or entity who takes part ecution or defense, to the extent that such dis- ed in the sanction order.≈ as either a party, witness, or designated rep- closure is reasonably necessary to accomplish Subpart B—Pre-Complaint Procedures Appli- resentative in counseling under Section 402 the aforementioned purposes and provided that cable to Consideration of Alleged Viola- of the Act, mediation under section 403, the the party making the disclosure takes all rea- complaint and hearing process under section tions of Part A of Title II of the Congres- sonably appropriate steps to ensure that persons sional Accountability Act of 1995 405, or an appeal to the Board under Section to whom the information is disclosed maintain 406 of the Act, or any related proceeding the confidentiality of such information. § 2.01 Matters Covered by Subpart B which is expressly or by necessity deemed (c) Participant. For the purposes of this rule, § 2.02 Requests for Advice and Information confidential under the Act or these rules. participant means any individual or party, in- § 2.03 Counseling (c) Prohibition. Unless specifically author- cluding a designated representative, that be- § 2.04 Mediation ized by the provisions of the Act or by these comes a participant in counseling under section § 2.05 Election of Proceedings rules, no participant in counseling, mediation 402, mediation under section 403, the complaint § 2.06 Filing of Civil Action or other proceedings made confidential and hearing process under section 405, or an ap- § 2.01 Matters Covered by Subpart B. under Section 416 of the Act (‘‘confidential peal to the Board under section 406 of the Act, (a) These rules govern the processing of proceedings’’) may disclose a written or oral or any related proceeding which is expressly or any allegation that sections 201 through 206 communication that is prepared for the pur- by necessity deemed confidential under the Act of the Act have been violated and any allega- pose of or that occurs during counseling, me- or these rules. tion of intimidation or reprisal prohibited diation, and the proceedings and delibera- (d) Contents or Records of Confidential Pro- tions of hearing officers and the Board. under section 207 of the Act. Sections 201 ceedings. For the purpose of this rule, the con- (d) Exceptions. Nothing in these rules pro- through 206 of the Act apply to covered em- hibits a party or its representative from dis- tents or records of counseling, mediation or ployees and employing offices certain rights closing information obtained in confidential other proceeding includes information disclosed and protections of the following laws: proceedings when reasonably necessary to by participants to the proceedings, and records ..... disclosed by either the opposing party, witnesses investigate claims, ensure compliance with (10) Chapter 35 (relating to veteran’s pref- or the Office. A participant is free to disclose the Act or prepare its prosecution or defense. erence) of title 5, United States Code facts and other information obtained from any However, the party making the disclosure (11) Genetic Information Nondiscrimina- source outside of the confidential proceedings. shall take all reasonably appropriate steps to tion Act of 2008. ensure that persons to whom the information For example, an employing office or its rep- (b) This subpart applies to the covered em- is disclosed maintain the confidentiality of resentatives may disclose information about its ployees and employing offices as defined in such information. These rules do not pre- employment practices and personnel actions, section 1.02(b) and (h) of these rules and any clude a mediator from consulting with the provided that the information was not obtained activities within the coverage of sections 201 Office, except that when the covered em- in a confidential proceeding. However, an em- through 206(a) and 207 of the Act and ref- ployee is an employee of the Office a medi- ployee who obtains that information in medi- erenced above in section 2.01(a) of these ator shall not consult with any individual ation or other confidential proceeding may not rules. within the Office who might be a party or disclose such information. Similarly, informa- ***** witness. These rules do not preclude the Of- tion forming the basis for the allegation of a fice from reporting statistical information to complaining employee may be disclosed by that § 2.03 Counseling. the Senate and House of Representatives. employee, provided that the information con- (a) Initiating a Proceeding; Formal Request (e) Waiver. Participants may agree to waive tained in those allegations was not obtained in for Counseling. ƒIn order≈ To initiate a pro- confidentiality. Such a waiver must be in a confidential proceeding. However, the employ- ceeding under these rules regarding an al- writing and provided to the Office. ing office or its representatives may not disclose leged violation of the Act, as referred to in (f) Sanctions. The Office will advise the that information if it was obtained a confiden- section 2.01(a), above, an employee shall file participants of the confidentiality require- tial proceeding. a written request for counseling with the Of- ments of Section 416 of the Act and that sanc- (e) Violation of Confidentiality. Any com- ficeƒ≈. øregarding an alleged violation of the tions may be imposed by the Hearing Officer plaint regarding a violation of the confiden- Act, as referred to in section 2.01(a), above.¿ for a violation of those requirements. No tiality provisions must be made to the Executive The written formal request for counseling sanctions may be imposed except for good Director no later than 30 days after the date of should be on an official form provided by the cause and the particulars of which must be the alleged violation. Such complaints may be Office and can be found on the Office’s stated in the sanction order. referred by the Executive Director to a Hearing website at www.compliance.gov. ƒAll requests ƒ§ 1.07 Breach of Confidentiality Provisions. Officer. The Hearing Officer is also authorized for counseling shall be confidential, unless the (a) In General. Section 416(a) of the CAA pro- to initiate proceedings on his or her own initia- employee agrees to waive his or her right to con- vides that counseling under section 402 shall be tive, or at the direction of the Board, if the al- fidentiality under section 2.03(e)(2), below.≈

VerDate Mar 15 2010 07:39 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.051 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5451 (b) Who May Request Counseling. A covered ning on the date that the request for coun- employee use an ƒgrievance≈ internal proce- employee who, in good faith, believes that he seling is ƒreceived by the Office≈ filed by the dure of the Architect of the Capitol or of the or she has been or is the subject of a viola- employee in accordance with section 1.03(a) Capitol Police, as appropriate, for a period tion of the Act as referred to in section of these rules, unless the employee requests generally up to 90 days, unless the Executive 2.01(a) may formally request counseling. in writing on a form provided by the Office Director determines, in writing, that a longer ..... to reduce the period and the ƒOffice≈ Execu- period is appropriate ƒfor resolution of the em- tive Director agrees ƒto reduce the period≈. ployee’s complaint through the grievance proce- (d) ƒPurpose≈ Overview of the Counseling Pe- ƒ(h)≈ (j) Role of Counselor in Attempting In- dures of the Architect of the Capitol or the Cap- riod. The Office will maintain strict confiden- formal Resolution. In order to attempt to re- itol Police≈. The Once the employee notifies the tiality throughout the counseling period. solve the matter brought to the attention of ƒpurpose of the≈ counseling period ƒshall≈ Office that he or she is using the internal the counselor, the counselor must obtain a be : to discuss the employee’s procedure, the employee shall provide a should used waiver of confidentiality pursuant to section concerns and elicit information regarding waiver of confidentiality to allow the Execu- 2.03(e)(2) of these rules. If the employee exe- the matter(s) which the employee believes tive Director to notify the Architect of the cutes such a waiver, the counselor may: Capitol or the Capitol Police that the em- constitute a violation(s) of the Act; to advise (1) conduct a limited inquiry for the pur- the employee of his or her rights and respon- ployee will be using the internal procedure. pose of obtaining any information necessary (ii) The period during which the matter is sibilities under the Act and the procedures of to attempt an informal resolution or formal pending in the internal procedure shall not the Office under these rules; to evaluate the settlement; count against the time available for coun- matter; and to assist the employee in achiev- (2) reduce to writing any formal settlement seling or mediation under the Act. ing an early resolution of the matter, if pos- achieved and secure the signatures of the (iii) If the dispute is resolved to the em- sible. employee, his or her representative, if any, ployee’s satisfaction, the employee shall so (e) Confidentiality and Waiver. and a member of the employing office who is notify the Office within 20 days after the em- (1) Absent a waiver under paragraph 2, authorized to enter into a settlement on the ployee has been served with a final decision. below, all counseling shall be kept strictly employing office’s behalf; and, pursuant to ƒ(ii)≈ (iv) After ƒhaving contacted the Office confidential and shall not be subject to dis- section 414 of the Act and section 9.05 of and having utilized≈ using the ƒ grievance≈ in- covery. All participants in counseling shall these rules, seek the approval of the Execu- ternal procedures ƒof the Architect of the Cap- be advised of the requirement for confiden- tive Director. Nothing in this subsection, itol or of the Capitol Police≈, the employee tiality and that disclosure of information however, precludes the employee, the em- may notify the Office that he or she wishes deemed confidential could result in sanctions ploying office or their representatives from to return to the procedures under these later in the proceedings. Nothing in these reducing to writing any formal settlement. rules: rules shall prevent a counselor from con- (k) Duty to Proceed. An employee who initi- (A) within 60 days after the expiration of sulting with personnel within the Office con- ates a proceeding under this part shall be re- the period recommended by the Executive cerning a matter in counseling, except that, sponsible at all times for proceeding, regard- Director, or longer if the Executive Director when the person being counseled is an em- less of whether he or she has designated a has extended the time period, if the matter ployee of the Office, the counselor shall not representative, and shall notify the Office in has not resulted in a final decision or a deci- consult with any individual within the Office writing of any change in pertinent contact sion not to proceed; or who might be a party or witness without the information, such as address, e-mail, fax (B) within 20 days after service of a final consent of the person requesting counseling. number, etc. An employee, however, may decision or a decision not to proceed, result- Nothing contained in these rules shall pre- withdraw from counseling once without prej- ing from the ƒgrievance≈ internal procedures vent the Executive Director from compiling udice to the employee’s right to reinstate ƒof the Architect of the Capitol or of the Capitol and publishing statistical information such counseling regarding the same matter, pro- Police Board.≈ as that required by Section 301(h)(3) of the vided that the request to reinstate coun- ƒ(iii) The period during which the matter is Act. ƒso long as that statistical information seling must be in writing and is ƒreceived in≈ pending in the internal grievance procedure does not reveal the identity of the employees in- filed with the Office not later than 180 days shall not count against the time available for volved or of employing offices that are the sub- after the date of the alleged violation of the counseling or mediation under the Act. If the ject of a request for counseling.≈ Act and that counseling on a single matter grievance is resolved to the employee’s satisfac- (2) The employee and the Office may agree will not last longer than a total of 30 days. tion, the employee shall so notify the Office to waive confidentiality ƒof≈ during the (l) Conclusion of the Counseling Period and within 20 days after the employee has received counseling process for the limited purpose of Notice. The Executive Director shall notify service of the final decision resulting from the allowing the Office ƒcontacting the employing the employee in writing of the end of the grievance procedure. If no request to return to office≈ to ƒobtain information≈ notify the em- counseling periodƒ,≈ by ƒcertified mail, return the procedures under these rules is received ploying office of the allegations.ƒto be used in receipt requested,≈ first class mail, ƒor by≈ within 60 days after the expiration of the period counseling the employee or to attempt a resolu- personal delivery evidenced by a written re- recommended by the Executive Director the Of- tion of any disputed matter(s).≈ Such a limited ceipt, or electronic transmission. The Execu- fice will issue a Notice of End of Counseling, as waiver must be written on the form supplied tive Director, as part of the notification of specified in section 2.04(i) of these Rules.≈ by the Office and signed by both the coun- the end of the counseling period, shall in- (v) If a request to return to counseling is selor and the employee. form the employee of the right and obliga- not made by the employee within the time ..... tion, should the employee choose to pursue periods outlined above, the Office will issue a (g) Role of Counselor ƒin Defining Concerns≈. his or her claim, to file with the Office a re- Notice of the End of Counseling. (2) Notice to Employees who Have Not Ini- The counselor ƒmay≈ shall: quest for mediation within 15 days after re- tiated Counseling with the Office. When an (1) obtain the name, home and office mail- ceipt by the employee of the notice of the employee of the Architect of the Capitol or ing and e-mail addresses, and home and of- end of the counseling period. the Capitol Police raises in the internal pro- fice telephone numbers of the person being (m) Employees of the Office of the Architect cedures of the Architect of the Capitol or of counseled; of the Capitol and Capitol Police. (1) Where an employee of the Office of the the Capitol Police ƒBoard≈ an allegation (2) obtain the name and title of the per- Architect of the Capitol or of the Capitol Po- which may also be raised under the proce- son(s) whom the employee claims has en- lice requests counseling under the Act and dures set forth in this subpart, the Architect gaged in a violation of the Act, e-mail ad- these rules, the Executive Director, in his or of the Capitol or the Capitol Police ƒBoard dress, if known, and the employing office in , may recommend that the should≈ which this person(s) works; her sole discretion shall, in accordance with the MOU employee use the ƒgrievance≈ internal proce- with the Office, advise the employee in writ- ..... dures of the Architect of the Capitol or the ing that a request for counseling about the (5) obtain the name, business and e-mail Capitol Police pursuant to a Memorandum of allegation must be initiated with the Office addresses, and telephone number of the em- Understanding (MOU) between the Architect within 180 days after the alleged violation of ployee’s representative, if any, and whether of the Capitol and the Office or the Capitol law occurred if the employee intends to use the representative is an attorney. Police and the Office addressing certain pro- the procedures of the Office. ƒ(i)¿(h)Counselor Not a Representative. The cedural and notification requirements. The (3) Notice in Final Decisions when Employ- counselor shall inform the person being term ‘‘ƒgrievance≈ internal procedure(s)’’ re- ees Have Not Initiated Counseling with the counseled that the counselor does not rep- fers to any internal procedure of the Archi- Office. When an employee raises in the inter- resent either the employing office or the em- tect of the Capitol and the Capitol Police, in- nal procedures of the Architect of the Cap- ployee. The counselor provides information cluding grievance procedures referred to in itol or of the Capitol Police ƒBoard≈ an alle- regarding the Act and the Office and may act section 401 of the Act, that can provide a res- gation which may also be raised under the as a third-party intermediary with the goals olution of the matter(s) about which coun- procedures set forth in this subpart, any of increasing the individual’s understanding seling was requested. Pursuant to section 401 ƒfinal≈ decision issued ƒpursuant to the proce- of his or her rights and responsibilities under of the Act when the Executive Director dures of the Architect of the Capitol or of the the Act and of promoting the early resolu- makes such a recommendation, the following Capitol Police Board should≈ under such pro- tion of the matter. procedures shall apply: cedure, shall, pursuant to the MOU with the ƒ(j)≈ (i) Duration of Counseling Period. The (i) The Executive Director shall rec- Office, include notice to the employee of his period for counseling shall be 30 days, begin- ommend in writing to the employee that the or her right to initiate the procedures under

VerDate Mar 15 2010 07:39 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.053 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5452 CONGRESSIONAL RECORD — SENATE September 9, 2014 these rules within 180 days after the alleged the parties expect to conclude their discus- maintain the independence of the mediation violation occurred. sions. Requests for additional extensions process and the ƒneutral≈ mediator. No indi- (4) Notice in Final Decisions when There may be made in the same manner. Approval vidual, who is appointed by the Executive Has Been a Recommendation by the Execu- of any extensions shall be within the sole Director to mediate, may conduct or aid in a tive Director. When the Executive Director discretion of the ƒOffice≈ Executive Director. hearing conducted under section 405 of the has made a recommendation under para- (f) Procedures. Act with respect to the same matter or shall graph 1 above, the Architect of the Capitol (1) The ƒNeutral’s≈ Mediator’s Role. After be subject to subpoena or any other compul- ƒ ≈ or the Capitol Police ƒBoard should≈ shall, assignment of the case, the neutral medi- sory process with respect to the same mat- pursuant to the MOU with the Office, include ator will promptly contact the parties. The ter. with the final decision notice to the em- ƒneutral≈ mediator has the responsibility to ƒ(k) Confidentiality. Except as necessary to ployee of his or her right to resume the pro- conduct the mediation, including deciding consult with the parties, the parties’ their coun- cedures under these rules within 20 days how many meetings are necessary and who sel or other designated representatives, the par- ƒ after service on the employee of the final de- may participate in each meeting. The neu- ties to, the mediation, the neutral and the Office ≈ cision and shall transmit a copy of the final tral mediator may accept and may ask the shall not disclose, in whole or in part, any in- decision, settlement agreement, or other parties to provide written submissions. formation or records obtained through, or pre- (2) The Agreement to Mediate. At the com- final disposition of the case to the Executive pared specifically for, the mediation process. mencement of the mediation, the ƒneutral≈ Director. This rule shall not preclude a neutral from con- mediator will ask the ƒparties≈ participants sulting with the Office, except that when the § 2.04 Mediation. and/or their representatives to sign an agree- covered employee is an employee of the Office a ƒ ¿ (a) Explanation Overview. Mediation is a ment prepared by the Office (‘‘the Agree- neutral shall not consult with any individual process in which employees, employing of- ment to Mediate’’). The Agreement to Medi- within the Office who might be a party or wit- fices and their representatives, if any, meet ate will define what is to be kept confidential ness. This rule shall also not preclude the Office ƒ ≈ separately and/or jointly with a neutral during mediation and set out the conditions from reporting statistical information to the mediator trained to assist them in resolving under which mediation will occur, including Senate and House of Representatives that does ƒ ≈ disputes. As parties to participants in the the requirement that the participants adhere not reveal the identity of the employees or em- mediation, employees, employing offices, to the confidentiality of the process and a ploying offices involved in the mediation. All and their representatives discuss alter- notice that a breach of the mediation agree- parties to the action and their representatives natives to continuing their dispute, includ- ment could result in sanctions later in the will be advised of the confidentiality require- ing the possibility of reaching a voluntary, proceedings. The Agreement to Mediate will ments of this process and of the sanctions that ƒ mutually satisfactory resolution. The neu- also provide that the parties to the medi- might be imposed for violating these require- tral≈ mediator has no power to impose a spe- ation will not seek to have the counselor or ≈ ƒ ≈ ments. cific resolution, and the mediation process, the neutral mediator participate, testify or (k) Violation of Confidentiality in Medi- whether or not a resolution is reached, is otherwise present evidence in any subse- ation. An allegation regarding a violation of strictly confidential, pursuant to section 416 quent administrative action under section the confidentiality provisions may be made of the Act. 405 or any civil action under section 408 of by a party in a mediation to the mediator (b) Initiation. Not more than 15 days after the Act or any other proceeding. during the mediation period and, if not re- (g) Who May Participate. The covered em- receipt by the employee of the notice of the solved by agreement in mediation, to a Hear- ployeeƒ,≈ and the employing office ƒ, their conclusion of the counseling period under ing Officer during proceedings brought respective representatives, and the Office may section 2.03(l), the employee may file with under Section 405 of the Act. meet, jointly or separately, with the neutral. A the Office a written request for mediation...... Except to provide for the services of a medi- representative of the employee and a representa- § 2.05 Election of Proceeding. ator and notice to the employing office, the tive of the employing who has actual authority invocation of mediation shall be kept con- to agree to a settlement agreement on behalf of (a) Pursuant to section 404 of the Act, not fidential by the Office. The request for medi- the employee or the employing office, as the case later than 90 days after a covered employee ation shall contain the employee’s name, may be, must be present at the mediation or receives notice of the end of mediation under home and e-mail addresses, ƒand≈ telephone must be immediately accessible by telephone section 2.04(i) of these rules but no sooner ≈ number, and the name of the employing of- during the mediation . may elect to partici- than 30 days after that date, the covered em- fice that is the subject of the request. Fail- pate in mediation proceedings through a des- ployee may either: ure to request mediation within the pre- ignated representative, provided, that the ..... scribed period ƒwill≈ may preclude the em- representative has actual authority to agree (2) file a civil action in accordance with ployee’s further pursuit of his or her claim. to a settlement agreement or has immediate section 408 of the Act and section 2.06 2.07, If a request for mediation is not filed within access by telephone to someone with actual below in the United States ƒDistrict Court≈ 15 days of receipt of a Notice of the End of settlement authority, and provided further, district court for the district in which the Counseling, without good cause shown, the that should the mediator deem it appropriate employee is employed or for the District of at any time, the physical presence in medi- case will be closed and the employee will be Columbia. ation of any party may be required. The Of- so notified. (b) A covered employee who files a civil ac- fice may participate in the mediation process tion pursuant to section ƒ2.06≈ ..... 408 of the Act through a representative and/or observer. and section 2.07 below, may not thereafter ƒ ≈ (d) Selection of Neutrals Mediators; Dis- The mediator will determine, as best serves file a complaint under section 405 of the Act qualification. Upon receipt of the request for the interests of mediation, whether the par- and section 5.01 below on the same matter. mediation, the Executive Director shall as- ticipants may meet jointly or separately with § 2.06 Certification of the Official Record sign one or more ƒneutrals≈ mediators to the mediator. commence the mediation process. In the (h) Informal Resolutions and Settlement (a) Certification of the Official Record shall event that a ƒneutral≈ mediator considers Agreements. At any time during mediation contain the date the Request for Counseling him or herself unable to perform in a neutral the parties may resolve or settle a dispute in was made; the date and method of delivery role in a given situation, he or she shall accordance with section ƒ9.05≈ 9.03 of these the Notification of End of Counseling Period withdraw from the matter and immediately rules. was sent to the complainant; the date the No- shall notify the Office of the withdrawal. (i) Conclusion of the Mediation Period and tice was deemed by the Office to have been Any party may ask the Office to disqualify a Notice. If, at the end of the mediation period, received by the complainant; the date the Re- ƒneutral≈ mediator by filing a written re- the parties have not resolved the matter quest for Mediation was filed; the date and quest, including the reasons for such request, that forms the basis of the request for medi- method of delivery the Notification of End of with the Executive Director. This request ation, the Office shall provide the employee, Mediation Period was sent to the complain- shall be filed as soon as the party has reason and the employing office, and their rep- ant; and the date the Notice was deemed by to believe there is a basis for disqualifica- resentatives, with written notice that the the Office to have been received by the com- tion. The Executive Director’s decision on mediation period has concluded. The written plainant. ƒ ≈ ƒ this request shall be final and unreviewable. notice to the employee will be sent by cer- (b) At any time after a complaint has been ≈ (e) Duration and Extension. tified mail, return receipt requested, or will be filed with the Office in accordance with sec- personally delivered evidenced by a written tion 405 of the Act and the procedure set out ..... receipt, or sent by first class mail, e-mail, or in section 5.01, below; or a civil action filed (2) The ƒOffice≈ Executive Director may ex- fax. ƒ, and it≈ The notice will specify the in accordance with section 408 of the Act and tend the mediation period upon the joint mode of delivery and also ƒnotify≈ provide section 2.07 below in the United States dis- written request of the parties, or of the ap- information about the employee’s ƒof his or trict court, a party may request and receive pointed mediator on behalf of the partiesƒ, to her≈ right to elect to file a complaint with from the Office Certification of the Official the attention of the Executive Director≈. The the Office in accordance with section 405 of Record. request shall be written and filed with the the Act and section 5.01 of these rules or to (c) Certification of the Official Record will ƒOffice≈ Executive Director no later than the file a civil action pursuant to section 408 of not be provided until after a complaint has last day of the mediation period. The request the Act and section ƒ2.06≈ 2.07 of these rules. been filed with the Office or the Office has shall set forth the joint nature of the request (j) Independence of the Mediation Process been notified that a civil action has been and the reasons therefore, and specify when and the ƒNeutral≈ Mediator. The Office will filed in district court.

VerDate Mar 15 2010 07:39 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.054 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5453 § ƒ2.06≈ 2.07 Filing of Civil Action. (1) Any person who believes that a viola- ular business hours or where special prep- ..... tion of section 210 of the CAA exists in any arations are necessary for an inspection; (2) where necessary to assure the presence (c) Communication Regarding Civil Actions facility of a covered entity may request an in- of representatives of the covered entity and Filed with District Court. The party filing any spection of such facility by giving notice of employees or the appropriate personnel civil action with the United States District the alleged violation to the General Counsel. needed to aid in the inspection; and Court pursuant to sections 404(2) and 408 of Any such notice shall be reduced to writing on a form available from the Office, shall set (3) in other circumstances where the Gen- the Act shall provide a written notice to the eral Counsel determines that the giving of Office that the party has filed a civil action, forth with reasonable particularity the grounds for the notice, and shall be signed by advance notice would enhance the prob- specifying the district court in which the ability of an effective and thorough inspec- civil action was filed and the case number. the person or the representative of the per- son. A copy shall be provided to the covered tion. Failure to notify the Office that such action entity or its agent by the General Counsel or (b) In the situations described in para- has been filed may result in delay in the the General Counsel’s designee no later than graph (a) of this section, advance notice of preparation and receipt of the Certification at the time of inspection, except that, upon inspections may be given only if authorized of the Official Record. the written request of the person giving such by the General Counsel or by the General Counsel’s designee. Subpart C—Compliance, Investigation, and notice, his or her name and the names of in- Enforcement under Section 210 of the CAA dividual employees referred to therein shall § 3.07 Conduct of Inspections. (ADA Public Services)—Inspections and not appear in such copy or on any record (a) Subject to the provisions of section 3.02, Complaints published, released, or made available by the inspections shall take place at such times § 3.01 Purpose and Scope General Counsel. If the person making the re- and in such places of employment as the Gen- § 3.02 Authority for Inspection quest is a qualified individual with a dis- eral Counsel may direct. At the beginning of § 3.03 Request for Inspections by Members of ability, as defined by section 201(2) of the an inspection, the General Counsel’s designee the Public Americans with Disabilities Act of 1990 (ADA) shall present his or her credentials to the op- § 3.04 Objection to Inspection (42 U.S.C. 12131(2)), the request for inspec- erator of the facility or the management em- § 3.05 Entry Not a Waiver tion shall be considered a charge of discrimi- ployee in charge at the facility to be in- § 3.06 Advance Notice of Inspection nation within the meaning of section spected; explain the nature and purpose of § 3.07 Conduct of Inspections 210(d)(1) of the CAA. the inspection; and indicate generally the § 3.08 Representatives of Covered Entities (2) If upon receipt of such notification the scope of the inspection and the records speci- § 3.09 Consultation with Individuals with General Counsel’s designee determines that fied in section 3.02 which he or she wishes to Disabilities the notice meets the requirements set forth review. However, such designation of records § 3.10 Inspection Not Warranted; Informal in subparagraph (1) of this section, and that shall not preclude access to additional Review there are reasonable grounds to believe that records specified in section 3.02. § 3.11 Charge filed with the General Counsel the alleged violation exists, he or she shall (b) The General Counsel’s designee shall § 3.12 Service of charge or notice of charge cause an inspection to be made as soon as have authority to take or obtain photographs § 3.13 Investigations by the General Counsel practicable, to determine if such alleged vio- related to the purpose of the inspection, em- § 3.14 Mediation lation exists. Inspections under this section ploy other reasonable investigative tech- niques, and question privately, any covered § 3.15 Dismissal of charge shall not be limited to matters referred to in entity, operator, agent or employee of a cov- § 3.16 Complaint by the General Counsel the notice. ered facility. As used herein, the term ‘‘em- § 3.17 Settlement (3) Prior to or during any inspection of a ploy other reasonable investigative tech- facility, any person may notify the General § 3.18 Compliance date niques’’ includes, but is not limited to, the Counsel’s designee, in writing, of any viola- § 3.01 Purpose and Scope. use of measuring devices, testing equipment, tion of section 210 of the CAA which he or The purpose of sections 3.01 through 3.18 of or other equipment used to assess accessi- she has reason to believe exists in such facil- this subpart is to prescribe rules and proce- bility or compliance with the ADA Standards. dures for enforcement of the inspection and ity. Any such notice shall comply with the re- (c) In taking photographs and samples, the complaint provisions of sections 210(d) and quirements of subparagraph (1) of this sec- General Counsel’s designees shall take rea- (f) of the CAA. For the purpose of sections tion. sonable precautions to insure that such ac- 3.01 through 3.18, references to the ‘‘General (b) By Covered Entities. Upon written re- tions with flash, spark-producing, or other Counsel’’ include any authorized representa- quest of any covered entity, the General equipment would not be hazardous. The Gen- tive of the General Counsel. In situations Counsel or the General Counsel’s designee eral Counsel’s designees shall comply with all where sections 3.01 through 3.18 set forth shall inspect and investigate facilities of cov- employing office safety and health rules and general enforcement policies rather than ered entities under section 210(d) of the CAA. practices at the workplace or location being substantive or procedural rules, such policies Any such requests shall be reduced to writ- inspected, and they shall wear and use ap- may be modified in specific circumstances ing on a form available from the Office. propriate protective clothing and equipment. where the General Counsel or the General § 3.04 Objection to Inspection. (d) The conduct of inspections shall be such Counsel’s designee determines that an alter- Upon a refusal to permit the General Coun- as to preclude unreasonable disruption of the native course of action would better serve sel’s designee, in exercise of his or her offi- operations of the covered entity. the objectives of section 210 of the CAA. cial duties, to enter without delay and at rea- (e) At the conclusion of an inspection, the General Counsel’s designee shall confer with § 3.02 Authority for Inspection. sonable times any place of employment or any place therein, to inspect, to review the covered entity or its representative and (a) Under section 210(f)(1) of the CAA, the informally advise it of any apparent ADA vio- General Counsel is authorized to enter with- records, or to question any covered entity, operator, agent, or employee, in accordance lations disclosed by the inspection. During out delay and at reasonable times any facility such conference, the employing office shall of any entity listed in section 210(a) (‘‘cov- with section 3.02 or to permit a representa- tive of employees to accompany the General be afforded an opportunity to bring to the at- ered entities’’), to inspect and investigate tention of the General Counsel’s designee any during regular working hours and at other Counsel’s designee during the physical in- spection of any facility in accordance with pertinent information regarding accessibility reasonable times, and within reasonable lim- in the facility. its and in a reasonable manner, any facility, section 3.07, the General Counsel’s designee shall terminate the inspection or confine the (f) Inspections shall be conducted in ac- and all pertinent conditions, structures, ma- cordance with the requirements of this sub- chines, apparatus, devices, equipment and inspection to other areas, conditions, struc- tures, machines, apparatus, devices, equip- part. materials therein; to question privately any § 3.08 Representatives of Covered Entities. covered entity, employee, operator, or agent; ment, materials, records, or interviews con- (a) The General Counsel’s designee shall be and to review records maintained by or cerning which no objection is raised. The in charge of inspections and questioning of under the control of the covered entity. General Counsel’s designee shall endeavor to persons. A representative of the covered enti- (b) Prior to inspecting areas containing in- ascertain the reason for such refusal, and ty shall be given an opportunity to accom- formation which is classified by an agency of shall immediately report the refusal and the pany the General Counsel’s designee during the United States Government (and/or by any reason therefor to the General Counsel, who the physical inspection of any facility for the congressional committee or other authorized shall take appropriate action. purpose of aiding such inspection. The Gen- entity within the Legislative Branch) in the § 3.05 Entry Not a Waiver. eral Counsel’s designee may permit addi- interest of national security, and for which Any permission to enter, inspect, review tional representatives from the covered enti- security clearance is required as a condition records, or question any person, shall not ty to accompany the designee where he or for access to the area(s) to be inspected, the imply or be conditioned upon a waiver of any she determines that such additional rep- individual(s) conducting the inspection shall cause of action under section 210 of the CAA. resentatives will further aid the inspection. A have obtained the appropriate security clear- § 3.06 Advance Notice of Inspections. different covered entity representative may ance. (a) Advance notice of inspections may not accompany the General Counsel’s designee § 3.03 Requests for Inspections by Members be given, except in the following situations: during each different phase of an inspection of the Public and Covered Entities. (1) in circumstances where the inspection if this will not interfere with the conduct of (a) By Members of the Public. can most effectively be conducted after reg- the inspection.

VerDate Mar 15 2010 07:39 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.055 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5454 CONGRESSIONAL RECORD — SENATE September 9, 2014 (b) The General Counsel’s designee shall the CAA, who believes that he or she has ing party and any entity responsible for cor- have authority to resolve all disputes as to been subjected to discrimination on the basis recting the alleged violation. whom is the representative authorized by the of a disability in violation of section 210 of § 3.15 Dismissal of charge. covered entity for the purpose of this section. the CAA by a covered entity, may file a Where the General Counsel determines that (c) If in the judgment of the General Coun- charge against any entity responsible for cor- a complaint will not be filed, the General sel’s designee, good cause has been shown recting the violation with the General Coun- Counsel shall dismiss the charge. why accompaniment by a third party who is sel. A charge may not be filed under section § 3.16 Complaint by the General Counsel. not the requestor or an employee of the cov- 210 of the CAA by a covered employee alleg- ered entity (such as a sign language inter- ing employment discrimination on the basis (a) After completing the investigation, and preter, braille reader, architect or accessi- of disability; the exclusive remedy for such where mediation under section 3.14, if any, bility expert) is reasonably necessary to the discrimination are the procedures under sec- has not succeeded in resolving the dispute, conduct of an effective and thorough phys- tion 201 of the CAA and subpart B of the Of- and where the General Counsel has not set- ical inspection of the workplace, such third fice’s procedural rules. tled or dismissed the charge, and if the Gen- party may accompany the General Counsel’s (b) When to file. A charge under this sec- eral Counsel believes that a violation of sec- designee during the inspection. tion must be filed with the General Counsel tion 210 may have occurred, the General (d) The General Counsel’s designee may not later than 180 days from the date of the Counsel may file with the Office a complaint deny the right of accompaniment under this alleged discrimination. against any entity responsible for correcting section to any person whose conduct inter- (c) Form and Contents. A charge shall be the violation. feres with a fair and orderly inspection. With written or typed on a charge form available (b) The complaint filed by the General regard to information classified by an agency from the Office. All charges shall be signed Counsel under subsection (a) shall be sub- of the U.S. Government (and/or by any con- and verified by the qualified individual with mitted to a hearing officer for decision pur- gressional committee or other authorized en- a disability (hereinafter referred to as the suant to subsections (b) through (h) of sec- tity within the Legislative Branch) in the in- ‘‘charging party’’), or his or her representa- tion 405 of the CAA. Any person who has filed terest of national security, only persons au- tive, and shall contain the following informa- a charge under section 3.11 of these rules thorized to have access to such information tion: may intervene as of right with the full rights may accompany the General Counsel’s des- (i) the full name, mail and e-mail addresses, of a party. The procedures of sections 405 ignee in areas containing such information. and telephone number(s) of the charging through 407 of the CAA and the Office’s pro- cedural rules thereunder shall apply to hear- § 3.09 Consultation with Individuals with party; ings and related proceedings under this sub- Disabilities (ii) the name, mail and e-mail addresses, and telephone number of the covered part. The General Counsel’s designee may con- entit(ies) against which the charge is § 3.17 Settlement. sult with individuals with disabilities con- brought, if known (hereinafter referred to as cerning matters of accessibility to the extent Any settlement entered into by the parties the ’’ respondent’’); he or she deems necessary for the conduct of to any process described in section 210 of the (iii) the name(s) and title(s) of the indi- an effective and thorough inspection. During CAA shall be in writing and not become effec- vidual(s), if known, involved in the conduct the course of an inspection, any person shall tive unless it is approved by the Executive that the charging party claims is a violation be afforded an opportunity to bring any vio- Director under section 414 of the CAA and of section 210 and/or the location and de- lation of section 210 of the CAA which he or the Office’s procedural rules thereunder. scription of the places or conditions within she has reason to believe exists in the facility § 3.18 Compliance Date. covered facilities that the charging party to the attention of the General Counsel’s des- In any proceedings under this section, com- claims is a violation of section 210; ignee. pliance shall take place as soon as possible, (iv) a description of the conduct, locations, but not later than the fiscal year following § 3.10 Inspection Not Warranted; Informal or conditions that form the basis of the the end of the fiscal year in which the order Review. charge, and a brief description of why the requiring correction becomes final and not (a) If the General Counsel’s designee deter- charging party believes the conduct, loca- subject to further review. mines that an inspection is not warranted be- tions, or conditions is a violation of section cause there are no reasonable grounds to be- 210; and (v) the name, mail and e-mail ad- Subpart D—Compliance, Investigation, En- lieve that a violation exists under section 210 dresses, and telephone number of the rep- forcement and Variance Process under Sec- of the CAA, he or she shall notify the party resentative, if any, who will act on behalf of tion 215 of the CAA (Occupational Safety making the request of such determination. the charging party. and Health Act of 1970)—Inspections, Cita- tions, and Complaints The complaining party may obtain review of § 3.12 Service of charge or notice of charge. such determination by submitting a written § 4.01 Purpose and Scope Within ten (10) days after the filing of a statement of position with the General Coun- § 4.02 Authority for Inspection charge with the General Counsel’s Office (ex- sel and, at the same time, providing the cov- § 4.03 Request for Inspections by Employees cluding weekends or holidays), the General ered entity with a copy of such statement. and Employing Offices Counsel shall serve the respondent with a The covered entity may submit an opposing § 4.04 Objection to Inspection copy of the charge, except when it is deter- written statement of position with the Gen- § 4.05 Entry Not a Waiver mined that providing a copy of the charge eral Counsel and, at the same time, provide § 4.06 Advance Notice of Inspection would impede the law enforcement functions the complaining party with a copy of such § 4.07 Conduct of Inspections of the General Counsel. Where a copy of the statement. Upon the request of the com- § 4.08 Representatives of Employing Offices charge is not provided, the respondent will plaining party or the covered entity, the Gen- and Employees be served with a notice of the charge within eral Counsel, at his or her discretion, may § 4.09 Consultation with Employees ten (10) days after the filing of the charge. hold an informal conference in which the § 4.10 Inspection Not Warranted; Informal The notice shall include the date, place and complaining party and the covered entity Review circumstances of the alleged violation of sec- may orally present their views. After consid- § 4.11 Citations tion 210. The notice may not include the ering all written and oral views presented, § 4.12 Imminent Danger identity of the person filing the charge if that the General Counsel shall affirm, modify, or § 4.13 Posting of Citations person has requested anonymity. reverse the designee’s determination and fur- § 4.14 Failure to Correct a Violation for nish the complaining party and the covered § 3.13 Investigations by the General Counsel. Which a Citation Has Been Issued; Notice entity with written notification of this deci- The General Counsel or the General Coun- of Failure to Correct Violation; Com- sion and the reasons therefor. The decision of sel’s designated representative shall prompt- plaint the General Counsel shall be final and not re- ly investigate each charge alleging violations § 4.15 Informal Conferences viewable. of section 210 of the CAA. As part of the in- Rules of Practice for Variances, Limitations, (b) If the General Counsel’s designee deter- vestigation, the General Counsel will accept Variations, Tolerances, and Exemptions any statement of position or evidence with mines that an inspection is not warranted be- § 4.20 Purpose and Scope respect to the charge which the charging cause the requirements of section 3.03(a)(1) § 4.21 Definitions party or the respondent wishes to submit. have not been met, he or she shall notify the § 4.22 Effect of Variances The General Counsel will use other methods complaining party in writing of such deter- § 4.23 Public Notice of a Granted Variance, to investigate the charge, as appropriate. mination. Such determination shall be with- Limitation, Variation, Tolerance, or Ex- out prejudice to the filing of a new notice of § 3.14 Mediation. emption alleged violation meeting the requirements of If, upon investigation, the General Counsel § 4.24 Form of Documents section 3.03(a)(1). believes that a violation of section 210 may § 4.25 Applications for Temporary Variances § 3.11 Charge filed with the General Counsel. have occurred and that mediation may be and other Relief (a) Who may file. helpful in resolving the dispute, the General § 4.26 Applications for Permanent Variances (1) Any qualified individual with a dis- Counsel may request, but not participate in, and other Relief ability, as defined in section 201(2) of the mediation under subsections (b) through (d) § 4.27 Modification or Revocation of Orders Americans with Disabilities Act of 1990 (42 of section 403 of the CAA and the Office’s pro- § 4.28 Action on Applications§ 4.29 Consolida- U.S.C. 12131(2)), as applied by section 210 of cedural rules thereunder, between the charg- tion of Proceedings

VerDate Mar 15 2010 07:39 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.056 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5455 § 4.30 Consent Findings and Rules or Orders Upon the request of the complaining party fect its posting responsibility under this sec- § 4.31 Order of Proceedings and Burden of or the employing office, the General Counsel, tion unless and until the Board issues a final Proof at his or her discretion, may hold an infor- order vacating the citation. Inspections, Citations and Complaints mal conference in which the complaining ..... ***** party and the employing office may orally § 4.15 Informal Conferences. present their views. After considering all At the request of an affected employing of- § 4.02 Authority for Inspection. written and oral views presented, the Gen- fice, employee, or representative of employ- (a) Under section 215(c)(1) of the CAA, upon eral Counsel shall affirm, modify, or reverse ees, the General Counsel may hold an infor- written request of any employing office or the designee’s determination and furnish the mal conference for the purpose of discussing covered employee, the General Counsel is au- complaining party and the employing office any issues raised by an inspection, citation, thorized to enter without delay and at rea- with written notification of this decision and or notice issued by the General Counsel. Any sonable times any place where covered em- the reasons therefor. The decision of the settlement entered into by the parties at ployees work (‘‘place of employment’’) ≈of em- General Counsel shall be final and not re- such conference shall be subject to the ap- ployment under the jurisdiction of an employing viewable. ≈ proval of the Executive Director under sec- office ; to inspect and investigate during reg- ***** ular working hours and at other reasonable tion 414 of the CAA and section ø9.05¿ 9.03 of times, and within reasonable limits and in a § 4.11 Citations. these rules. If the conference is requested by reasonable manner, any such place of em- (a) If, on the basis of the inspection, the the employing office, an affected employee ployment, and all pertinent conditions, General Counsel believes that a violation of or the employee’s representative shall be af- structures, machines, apparatus, devices, any requirement of section 215 of the CAA, forded an opportunity to participate, at the equipment and materials therein; to ques- øor of¿ including any occupational safety or discretion of the General Counsel. If the con- tion privately any employing office, oper- health standard promulgated by the Sec- ference is requested by an employee or rep- ator, agent or employee; and to review retary of Labor under Title 29 of the U.S. resentative of employees, the employing of- records maintained by or under the control Code, section 655, or of any other regulation fice shall be afforded an opportunity to par- of the covered entity. ƒrequired by the CAA ƒstandard≈, rule or order promulgated pursu- ticipate, at the discretion of the General and regulations promulgated thereunder, and ant to section 215 of the CAA, has occurred, Counsel. Any party may be represented by other records which are directly related to the he or she shall issue to the employing office counsel at such conference. purpose of the inspection.≈ responsible for correction of the violation ƒ, ..... § 4.03 Requests for Inspections by Employees as determined under section 1.106 of the Board’s Subpart E—Complaints and Covered Employing Offices. regulations implementing section 215 of the CAA,≈ either a citation or a notice of de § 5.01 Complaints (a) By Covered Employees and Representa- § 5.02 Appointment of the Hearing Officer minimis violations that øhave¿ has no direct tives. or immediate relationship to safety or § 5.03 Dismissal, Summary Judgment, and (1) Any covered employee or representative health. An appropriate citation or notice of Withdrawal of Complaint of covered employees who believes that a de minimis violations shall be issued even § 5.04 Confidentiality violation of section 215 of the CAA exists in though, after being informed of an alleged § 5.01 Complaints. any place of employment ƒunder the jurisdic- violation by the General Counsel, the em- (a) Who May File. tion of employing offices≈ may request an in- ploying office immediately abates, or initi- (1) An employee who has completed the spection of such place of employment by giv- ates steps to abate, such alleged violation. mediation period under section 2.04 may ing notice of the alleged violation to the Any citation shall be issued with reasonable timely file a complaint with the Office alleg- General Counsel. Any such notice shall be re- promptness after termination of the inspec- ing any violation of sections 201 through 207 duced to writing on a form available from tion. No citation may be issued under this of the Act[.], under the Genetic Information the Office, shall set forth with reasonable section after the expiration of 6 months fol- Nondiscrimination Act, or any other statute particularity the grounds for the notice, and lowing the occurrence of any alleged viola- made applicable under the Act. shall be signed by the employee or the rep- tion unless the violation is continuing or the (2) The General Counsel may timely file a resentative of the employees. A copy shall be employing office has agreed to toll the dead- complaint alleging a violation of section 210, provided to the employing office or its agent line for filing the citation. 215 or 220 of the Act. by the General Counsel or the General Coun- (b) When to File. ***** sel’s designee no later than at the time of in- (1) A complaint may be filed by an em- spection, except that, upon the written re- § 4.13 Posting of Citations. ployee no sooner than 30 days after the date quest of the person giving such notice, his or (a) Upon receipt of any citation under sec- of receipt of the notice under section 2.04(i), her name and the names of individual em- tion 215 of the CAA, the employing office but no later than 90 days after receipt of that ployees referred to therein shall not appear shall immediately post such citation, or a notice. In cases where a complaint is filed in such copy or on any record published, re- copy thereof, unedited, at or near each place with the Office sooner than 30 days after the leased, or made available by the General an alleged violation referred to in the cita- date of receipt of the notice under section Counsel. tion occurred, except as provided below. 2.04(i), the Executive Director, at his or her ***** Where, because of the nature of the employ- discretion, may return the complaint to the (b) By Employing Offices. Upon written re- ing office’s operations, it is not practicable employee for filing during the prescribed pe- quest of any employing office, the General to post the citation at or near each place of riod without prejudice and with an expla- Counsel or the General Counsel’s designee alleged violation, such citation shall be post- nation of the prescribed period of filing. shall inspect and investigate places of em- ed, unedited, in a prominent place where it ..... ployment ƒunder the jurisdiction of employing will be readily observable by all affected em- (c) Form and Contents. offices≈ under section 215(c)(1) of the CAA. ployees. For example, where employing of- (1) Complaints Filed by Covered Employees. A Any such requests shall be reduced to writ- fices are engaged in activities which are complaint shall be in writing and may be ing on a form available from the Office. physically dispersed, the citation may be written or typed on a complaint form avail- posted at the location to which employees ***** able from the Office. All complaints shall be report each day. Where employees do not pri- signed by the covered employee, or his or her § 4.10 Inspection Not Warranted; Informal marily work at or report to a single location, representative, and shall contain the fol- Review. the citation may be posted at the location lowing information: (a) If the General Counsel’s designee deter- from which the employees operate to carry (i) the name, mailing and e-mail addresses, mines that an inspection is not warranted out their activities. When a citation contains and telephone number(s) of the complainant; because there are no reasonable grounds to security information as defined in Title 2 of ..... believe that a violation or danger exists with the U.S. Code, section 1979, the General respect to a notice of violation under section Counsel may edit or redact the security in- (v) a brief description of why the complain- 4.03(a), he or she shall notify the party giv- formation from the copy of the citation used ant believes the challenged conduct is a vio- ing the notice ƒin writing≈ of such deter- for posting or may provide to the employing lation of the Act or the relevant sections of mination in writing. The complaining party office a notice for posting that describes the the Genetic Information Nondiscrimination may obtain review of such determination by alleged violation without referencing the se- Act and the section(s) of the Act involved; submitting and serving a written statement curity information. The employing office ..... of position with the General Counselƒ,≈ and shall take steps to ensure that the citation (vii) the name, mailing and e-mail address- ƒ, at the same time, providing≈ the employing or notice is not altered, defaced, or covered es, and telephone number of the representa- office ƒwith a copy of such statement by cer- by other material. Notices of de minimis vio- tive, if any, who will act on behalf of the tified mail≈. The employing office may sub- lations need not be posted. complainant. mit and serve an opposing written statement (b) Each citation, notice, or a copy thereof, (2) Complaints Filed by the General Counsel. of position with the General Counselƒ,≈ ƒand shall remain posted until the violation has A complaint filed by the General Counsel ƒ, at the same time, provide≈ the com- been abated, or for 3 working days, which- shall be in writing, signed by the General plaining party ƒwith a copy of such state- ever is later. The pendency of any pro- Counsel or his designee and shall contain the ment by certified mail≈. ceedings regarding the citation shall not af- following information:

VerDate Mar 15 2010 08:33 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.058 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5456 CONGRESSIONAL RECORD — SENATE September 9, 2014 (i) the name, mail and e-mail addresses, if the hearing the General Counsel may with- (c) Discovery Availability. Pursuant to sec- available, and telephone number of, as appli- draw his complaint by filing a notice with tion 405(e) of the Act, ƒthe Hearing Officer in cable, (A) each entity responsible for correc- the Executive Director and the Hearing Offi- his or her discretion may permit≈ the parties tion of an alleged violation of section 210(b), cer and by serving a copy on the respondent. may engage in reasonable prehearing dis- (B) each employing office alleged to have After opening of the hearing, any such with- covery. ƒIn exercising that discretion, the Hear- violated section 215, or (C) each employing drawal must be approved by the Hearing Of- ing Officer may be guided by the Federal Rules office and/or labor organization alleged to ficer and may be with or without prejudice to of Civil Procedure.≈ have violated section 220, against which com- refile at the Hearing Officer’s discretion. (1) The ƒHearing Officer may authorize≈ par- plaint is brought; (h) Withdrawal From a Case by a Represent- ties may take discovery by one or more of the ..... ative. A representative must provide suffi- following methods: depositions upon oral ex- (e) Service of Complaint. Upon receipt of a cient notice to the Hearing Officer and the amination or written questions; written in- complaint or an amended complaint, the Of- parties of record of his or her withdrawal. terrogatories; production of documents or fice shall serve the respondent, or its des- Until the party designates another represent- things or permission to enter upon land or ignated representative, by hand delivery [or ative in writing, the party will be regarded as other property for inspection or other pur- certified mail] or first class mail, e-mail, or pro se. poses; physical and mental examinations; facsimile with a copy of the complaint or § 5.04 Confidentiality. and requests for admission. amended complaint and [a copy of these rules] Pursuant to section 416(c) of the Act, ex- (2) The Hearing Officer may adopt standing written notice of the availability of these cept as provided in sub-sections 416(d), (e) orders or make any order setting forth the rules at www.compliance.gov. A copy of these and (f), all proceedings and deliberations of forms and extent of discovery, including or- rules may also be provided if requested by ei- Hearing Officers and the Board, including ders limiting the number of depositions, in- ther party. The Office shall include a service any related records, shall be confidential. terrogatories, and requests for production of list containing the names and addresses of Section 416(c) does not apply to proceedings documents, and may also limit the length of the parties and their designated representa- under section 215 of the Act, but does apply depositions. tives. to the deliberations of Hearing Officers and ..... (f) Answer. Within 15 days after receipt of a the Board under section 215. A violation of (d) Claims of Privilege. copy of a complaint or an amended com- the confidentiality requirements of the Act (1) Information Withheld. Whenever a party plaint, the respondent shall file an answer and these rules [could] may result in the im- withholds information otherwise discover- with the Office and serve one copy on the position of procedural or evidentiary sanc- able under these rules by claiming that it is complainant. [The answer shall contain a tions. [Nothing in these rules shall prevent the privileged or confidential or subject to pro- statement of the position of the respondent on Executive Director from reporting statistical in- tection as hearing or trial preparation mate- each of the issues raised in the complaint or formation to the Senate and House of Rep- rials, the party shall make the claim ex- amended complaint, including admissions, deni- resentatives, so long as that statistical informa- pressly in writing and shall describe the na- als, or explanations of each allegation made in tion does not reveal the identity of the employ- ture of the documents, communications or the complaint and any affirmative defenses or ees involved or of employing offices that are the things not produced or disclosed in a manner other defenses to the complaint. See also sections 1.06 ] In answering subject of a matter.] [ ] that, without revealing the information 1.07 and 7.12 of these rules. a complaint, a party must state in short and [ ] 1.08 itself privileged or protected, will enable plain terms its defenses to each claim as- Subpart F—Discovery and Subpoenas other parties to assess the applicability of serted against it and admit or deny the alle- § 6.01 Discovery the privilege or protection. A party must gations asserted against it by an opposing § 6.02 Requests for Subpoenas make a claim for privilege no later than the party. Failure to [file an answer] deny an alle- § 6.03 Service due date for the production of the informa- gation, other than one relating to the amount § 6.04 Proof of Service tion. or to raise a claim or defense as of damages, § 6.05 Motion to Quash (2) Information Produced As Inadvertent to any allegation(s) shall constitute an ad- § 6.06 Enforcement Disclosure. If information produced in dis- mission of such allegation(s). Affirmative de- covery is subject to a claim of privilege or of fenses not raised in an answer that could § 6.01 Discovery. protection as hearing preparation material, have reasonably been anticipated based on (a) [Explanation] Description. Discovery is the party making the claim may notify any the facts alleged in the complaint shall be the process by which a party may obtain party that received the information of the deemed waived. A respondent’s motion for from another person, including a party, in- claim and the basis for it. After being noti- leave to amend an answer to interpose a de- formation, not privileged, reasonably cal- fied, a party must promptly return, seques- nial or affirmative defense will ordinarily be culated to lead to the discovery of admis- ter, or destroy the specified information and granted unless to do so would unduly preju- sible evidence, for the purpose of assisting any copies it has; must not use or disclose the dice the rights of the other party or unduly that party in developing, preparing and pre- information until the claim is resolved; must delay or otherwise interfere with or impede senting its case at the hearing. No discovery, take reasonable steps to retrieve the informa- the proceedings. oral or written, by any party shall [This pro- tion if the party disclosed it before being no- (g) Motion to Dismiss. In addition to an an- vision shall not be construed to permit any dis- ≈ tified; and may promptly present the infor- swer, a respondent may file a motion to dis- covery, oral or written, to be taken of, or mation to the Hearing Officer or the Board miss, or other responsive pleading with the from, an employee of the Office of Compli- ƒ ≈ ƒ ≈ under seal for a determination of the claim. Office and serve one copy on the complain- ance, or the counselor (s) , or mediator ƒ The producing party must preserve the infor- ant. Responses to any motions shall be in the neutral(s) involved in counseling and medi- ≈ mation until the claim is resolved. compliance with section 1.04(c) of these rules. ation. , including files, records, or notes pro- (h) Confidentiality. The fact that a com- duced during counseling and mediation and § 6.02 Request for Subpoena. plaint has been filed with the Office by a cov- maintained by the Office. (a) Authority to Issue Subpoenas. At the re- ƒ ered employee shall be kept confidential by (b) Initial Disclosure. Office Policy Regard- quest of a party, a Hearing Officer may issue the Office, except as allowed by these rules. ing Discovery. It is the policy of the Office to subpoenas for the attendance and testimony encourage the early and voluntary exchange of § 5.02 Appointment of the Hearing Officer. of witnesses and for the production of cor- relevant and material nonprivileged information respondence, books, papers, documents, or Upon the filing of a complaint, the Execu- between the parties, including the names and tive Director will appoint an independent other records. The attendance of witnesses addresses of witnesses and copies of relevant and the production of records may be re- Hearing Officer, who shall have the author- and material documents, and to encourage ity specified in sections 5.03 and 7.01(b) quired from any place within the United Hearing Officers to develop procedures which States. However, no subpoena by any party below. The Hearing Officer shall not be the allow for the greatest exchange of relevant and counselor involved in or the [neutral] medi- may be issued for the attendance or testi- material information and which minimizes the ƒ ≈ ator who mediated the matter under sections mony of an employee with of the Office of need for parties to formally request such infor- Compliance, a counselor, or a mediator, in- 2.03 and 2.04 of these rules. ≈ mation. Within 14 days after the pre-hearing cluding files, records, or notes produced dur- § 5.03 Dismissal, Summary Judgment and conference and except as otherwise stipu- ing counseling and mediation and main- Withdrawal of Complaints. lated or ordered by the Hearing Officer, a tained by the Office. Employing offices shall ..... party must, without awaiting a discovery re- make their employees available for discovery (f) Withdrawal of Complaint by Complainant. quest, provide to the other parties: the name and hearing without requiring a subpoena. At any time a complainant may withdraw and, if known, mail and e-mail addresses and (d) Rulings. The Hearing Officer shall his or her own complaint by filing a notice telephone number of each individual likely to promptly rule on the request for the sub- with the Office for transmittal to the Hear- have discoverable information that the dis- poena. closing party may use to support its claims or ing Officer and by serving a copy on the em- ***** ploying office or representative. Any such defenses; and a copy or a description by cat- withdrawal must be approved by the Hearing egory and location of all documents, elec- Subpart G—Hearings Officer and may be with or without prejudice tronically stored information, and tangible § 7.01 The Hearing Officer to refile at the Hearing Officer’s discretion. things that the disclosing party has in its § 7.02 Sanctions (g) Withdrawal of Complaint by the General possession, custody, or control and may use § 7.03 Disqualification of the Hearing Officer Counsel. At any time prior to the opening of to support its claims or defenses. § 7.04 Motions and Prehearing Conference

VerDate Mar 15 2010 08:33 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.059 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5457 § 7.05 Scheduling the Hearing Hearing Officer in proceedings under Section tinuance by either party shall be made in § 7.06 Consolidation and Joinder of Cases 405 of the CAA. If, after notice and hearing, writing to the ƒOffice≈ Hearing Officer, shall § 7.07 Conduct of Hearing; Disqualification of the Hearing Officer determines that a party set forth the reasons for the request, and Representatives has violated the confidentiality provisions, shall state whether the opposing party con- § 7.08 Transcript the Hearing Officer may: sents to such postponement. Such a motion § 7.09 Admissibility of Evidence (A) direct that the matters related to the may be granted by the Hearing Officer upon § 7.10 Stipulations breach of confidentiality or other designated a showing of good cause. In no event will a § 7.11 Official Notice facts be taken as established for purposes of hearing commence later than 90 days after § 7.12 Confidentiality the action, as the prevailing party claims; the filing of the complaint. § 7.13 Immediate Board Review of a Ruling (B) prohibit the party breaching confiden- § 7.06 Consolidation and Joinder of Cases. tiality from supporting or opposing des- by a Hearing Officer ..... § 7.14 Proposed Findings of Fact and Conclu- ignated claims or defenses, or from intro- sions of Law; Posthearing Briefs ducing designated matters in evidence; (b) Authority. The Executive Director prior § 7.15 Closing the record (C) strike the pleadings in whole or in part; to the assignment of a complaint to a Hearing § 7.16 Hearing Officer Decisions; Entry in (D) stay further proceedings until the Officer; a Hearing Officer during the hearing; ƒ Records of the Office; Corrections to the breach of confidentiality is resolved to the or the Board , the Office, or a Hearing Offi- ≈ Record; Motions to Alter, Amend or Va- extent possible; cer during an appeal may consolidate or cate the Decision. (E) dismiss the action or proceeding in join cases on their own initiative or on the motion of a party if to do so would expedite § 7.01 The Hearing Officer. whole or in part; or (F) render a default judgment against the processing of the cases and not adversely af- ..... party breaching confidentiality. fect the interests of the parties, taking into (b) Authority. Hearing Officers shall con- (c) No sanctions may be imposed under this account the confidentiality requirements of duct fair and impartial hearings and take all section except for good cause and the par- section 416 of the Act. necessary action to avoid undue delay in the ticulars of which must be stated in the sanc- § 7.07 Conduct of Hearing; Disqualification disposition of all proceedings. They shall tion order. of Representatives. have all powers necessary to that end unless ...... otherwise limited by law, including, but not limited to, the authority to: § 7.04 Motions and Prehearing Conference. (c) No later than the opening of the hear- ing, or as otherwise ordered by the Hearing ...... (b) Scheduling of the Prehearing Conference. Officer, each party shall submit to the Hear- (14) maintain and enforce the confiden- ing Officer and to the opposing party typed tiality of proceedings; and Within 7 days after assignment, the Hearing Officer shall serve on the parties and their lists of the hearing exhibits and the wit- ..... designated representatives written notice nesses expected to be called to testify, ex- § 7.02 Sanctions. setting forth the time, date, and place of the cluding impeachment or rebuttal witnesses ƒ ≈ ..... prehearing conference, except that the Exec- , expected to be called to testify . (b) The Hearing Officer may impose sanc- utive Director may, for good cause, extend up ..... tions upon the parties under, but not limited to an additional 7 days the time for serving (f) Failure of either party to appear, to, the circumstances set forth in this sec- notice of the prehearing conference. present witnesses, or respond to an evi- tion. (c) Prehearing Conference Memoranda. The dentiary order may result in an adverse find- (1) Failure to Comply with an Order. When a Hearing Officer may order each party to pre- ing or ruling by the Hearing Officer. At the party fails to comply with an order (includ- pare a prehearing conference memorandum. discretion of the Hearing Officer, the hearing ing an order for the taking of a deposition, At his or her discretion, the Hearing Officer may also be held in absence of the com- for the production of evidence within the may direct the filing of the memorandum plaining party if the representative for that party’s control, or for production of wit- after discovery by the parties has concluded. party is present. nesses), the Hearing Officer may: ƒThat≈ The memorandum may include: ƒ(f)≈(g) If the Hearing Officer concludes ƒ(a)≈(A) draw an inference in favor of the ..... that a representative of an employee, a wit- requesting party on the issue related to the (3) the specific relief, including, where ness, a charging party, a labor organization, information sought; known, a calculation of ƒthe amount of≈ any an employing office, or an entity alleged to ƒ(b)≈(B) stay further proceedings until the monetary relief ƒ,≈ or damages that is being be responsible for correcting a violation has order is obeyed; or will be requested; a conflict of interest, he or she may, after ƒ(c)≈(C) prohibit the party failing to com- (4) the names of potential witnesses for the giving the representative an opportunity to ply with such order from introducing evi- party’s case, except for potential impeach- respond, disqualify the representative. In dence concerning, or otherwise relying upon, ment or rebuttal witnesses, and the purpose that event, within the time limits for hear- evidence relating to the information sought; for which they will be called and a list of ing and decision established by the Act, the ƒ(d)≈(D) permit the requesting party to in- documents that the party is seeking from affected party shall be afforded reasonable troduce secondary evidence concerning the the opposing party, and, if discovery was per- time to retain other representation. information sought; mitted, the status of any pending request for § 7.08 Transcript. ƒ ≈ ø (e) (E) strike, in whole or in part, any discovery. (It is not necessary to list each ..... part of≈ the complaint, briefs, answer, or document requested. Instead, the party may (b) Corrections. Corrections to the official other submissions of the party failing to refer to the request for discovery.); and comply with the order, transcript will be permitted. Motions for cor- as appropriate; ..... ƒ(f)≈(F) direct judgment against the non- rection must be submitted within 10 days of ƒ ≈ complying party in whole or in part; or (d) At the prehearing conference, the Hear- service of the transcript upon the party ƒ(g)≈(G) order that the non-complying ing Officer may discuss the subjects specified parties. Corrections of the official transcript party, or the representative advising that in paragraph (c) above and the manner in will be permitted only upon approval of the party, pay all or part of the attorney’s fees which the hearing will be conducted ƒand Hearing Officer. The Hearing Officer may and reasonable expenses of the other party proceed≈. In addition, the Hearing Officer make corrections at any time with notice to or parties or of the Office, caused by such may explore settlement possibilities and the parties. non-compliance, unless the Hearing Officer consider how the factual and legal issues ..... might be simplified and any other issues or the Board finds that the failure was sub- § 7.12 Confidentiality. stantially justified or that other cir- that might expedite the resolution of the dis- (a) Pursuant to section 416 of the Act and cumstances make an award of attorney’s fees pute. The Hearing Officer shall issue an order, which recites the action taken at the section 1.08 of these Rules, all proceedings and/or expenses unjust. and deliberations of Hearing Officers and the (2) Failure to Prosecute or Defend. If a party conference and the agreements made by the Board, including the transcripts of hearings fails to prosecute or defend a position, the parties as to any of the matters considered and any related records, shall be confiden- Hearing Officer may dismiss the action with and which limits the issues to those not dis- tial, except as specified in sections 416(d), (e), prejudice or ƒrule for the complainant≈ decide posed of by admissions, stipulations, or and (f) of the Act and section 1.08(d) of these the matter, where appropriate. agreements of the parties. Such order, when entered, shall control the course of the pro- Rules. All parties to the proceeding and their ..... ceeding, subject to later modification by the representatives, and witnesses who appear at (4) Filing of frivolous claims. If a party files Hearing Officer by his or her own motion or the hearing, will be advised of the impor- a frivolous claim, the Hearing Officer may upon proper request of a party for good cause tance of confidentiality in this process and dismiss the claim, in whole or in part, with shown. of their obligations, subject to sanctions, to prejudice or decide the matter for the party maintain it. This provision shall not apply § 7.05 Scheduling the Hearing. alleging the filing of the frivolous claim. to proceedings under section 215 of the Act, (5) Failure to maintain confidentiality. An ..... but shall apply to the deliberations of Hear- allegation regarding a violation of the con- (b) Motions for Postponement or a Continu- ing Officers and the Board under that sec- fidentiality provisions may be made to a ance. Motions for postponement or for a con- tion.

VerDate Mar 15 2010 08:33 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.060 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5458 CONGRESSIONAL RECORD — SENATE September 9, 2014 (b) Violation of Confidentiality. An allega- Officer’s decision issued under section 7.16 of (g) After a decision of the Hearing Officer tion regarding a violation of confidentiality these rules. has been issued, but before an appeal is occurring during a hearing may be resolved § 7.14 Proposed Findings of Fact and Conclu- made to the Board, or in the absence of an by a Hearing Officer in proceedings under sions of Law; Posthearing Briefs. appeal, before the decision becomes final, a Section 405 of the CAA. After providing no- ƒ(a)≈ May be ƒFiled≈ Required. The Hearing party to the proceeding before the Hearing tice and an opportunity to the parties to be Officer may ƒpermit≈ require the parties to Officer may move to alter, amend or vacate heard, the Hearing Officer, in accordance file proposed findings of fact and conclusions the decision. The moving party must estab- with section 1.08(f) of these Rules, may make of law and/or posthearing briefs on the fac- lish that relief from the decision is warranted a finding of a violation of confidentiality and tual and the legal issues presented in the because: (1) of mistake, inadvertence, sur- impose appropriate procedural or evi- case. prise, or excusable neglect; (2) there is newly dentiary sanctions, which may include any of ƒ(b) Length. No principal brief shall exceed 50 discovered evidence that, with reasonable the sanctions listed in section 7.02 of these pages, or 12,500 words, and no reply brief shall diligence, could not have been discovered in Rules. exceed 25 pages, or 6,250 words, exclusive of ta- time to move for a new hearing; (3) there has § 7.13 Immediate Board Review of a Ruling bles and pages limited only to quotations of stat- been fraud (misrepresentation, or mis- by a Hearing Officer. utes, rules, and the like. Motions to file ex- conduct by an opposing party; (4) the deci- ..... tended briefs shall be granted only for good sion is void; or (5) the decision has been sat- cause shown; the Hearing Officer may in his or isfied, released, or discharged; it is based on (b) Time for Filing. A motion by a party for an earlier decision that has been reversed or interlocutory review of a ruling of the Hear- her discretion also reduce the page limits. Briefs in excess of 10 pages shall include an index and vacated; or applying it prospectively is no ing Officer shall be filed with the Hearing Of- longer equitable. The motion shall be filed ficer within 5 days after service of the ruling a table of authorities. (c) Format. Every brief must be easily read- within 15 days after service of the Hearing upon the parties. The motion shall include able. Briefs must have double spacing between Officer’s decision. No response shall be filed arguments in support of both interlocutory each line of text, except for quoted texts and unless the Hearing Officer so orders. The fil- review and the determination requested to footnotes, which may be single-spaced.≈ ing and pendency of a motion under this pro- be made by the Board upon review. Re- § 7.15 Closing the Record of the Hearing. vision shall not relieve a party of the obliga- sponses, if any, shall be filed with the Hear- tion to file a timely appeal or operate to stay ing Officer within 3 days after service of the (a) Except as provided in section 7.14, the record shall be closed at the conclusion of the action of the Hearing Officer unless so or- motion. dered by the Hearing Officer. ƒ(b)≈(c) Standards for Review. In deter- the hearing. However, when the Hearing Offi- mining whether to certify and forward a re- cer allows the parties to submit argument, Subpart H—Proceedings before the Board quest for interlocutory review to the Board, briefs, documents or additional evidence pre- § 8.01 Appeal to the Board the Hearing Officer shall consider all of the viously identified for introduction, the § 8.02 Reconsideration following: record will remain open for as much time as § 8.03 Compliance with Final Decisions, Re- ..... the judge grants for that purpose ƒadditional quests for Enforcement evidence previously identified for introduction, § 8.04 Judicial Review ƒ(c) Time for Filing. A motion by a party for the Hearing Officer may allow an additional pe- § 8.05 Application for Review of an Execu- interlocutory review of a ruling of the Hearing riod before the conclusion of the hearing as is tive Director Action Officer shall be filed with the Hearing Officer necessary for that purpose≈. § 8.06 Exceptions to Arbitration Awards within 5 days after service of the ruling upon (b) Once the record is closed, no additional § 8.07 Expedited Review of Negotiability the parties. The motion shall include arguments evidence or argument shall be accepted into § 8.08 Procedures of the Board in Impasse in support of both interlocutory review and the the hearing record except upon a showing Proceedings determination requested to be made by the that new and material evidence has become § 8.01 Appeal to the Board. Board upon review. Responses, if any, shall be available that was not available despite due filed with the Hearing Officer within 3 days (a) No later than 30 days after the entry of diligence prior to the closing of the record or after service of the motion.≈ the final decision and order of the Hearing it is in rebuttal to new evidence or argument (d) Hearing Officer Action. If all the condi- Officer in the records of the Office, an ag- submitted by the other party just before the tions set forth in paragraph ƒ(b)≈(c) above grieved party may seek review of that deci- record closed. ƒHowever, the≈ The Hearing are met, the Hearing Officer shall certify and sion and order by the Board by filing with Officer shall also make part of the record forward a request for interlocutory review to the Office a petition for review by the Board. any ƒmotions for attorney fees, supporting the Board for its immediate consideration. The appeal must be served on the opposing documentation, and determinations thereon, Any such submission shall explain the basis party or its representative. and≈ approved correction to the transcript. on which the Hearing Officer concluded that ..... the standards in paragraph ƒ(b)≈(c) have § 7.16 Hearing Officer Decisions; Entry in (3) ƒUpon written delegation by the Board,≈ Records of the Office; Corrections to the been met. The decision of the Hearing Office In any case in which the Board has not ren- Record; Motions to Alter, Amend or Vacate to forward or decline to forward a request dered a determination on the merits, the Ex- for review is not appealable. the Decision. ecutive Director is authorized to: determine (e) Grant of Interlocutory Review Within ..... any request for extensions of time to file any Board’s Sole Discretion. Upon the Hearing Of- (b) The Hearing Officer’s written decision post-petition for review document or submis- ficer’s certification and decision to forward a shall: sion with the Board ƒin any case in which the request for review, ƒT≈the Board, in its sole (1) state the issues raised in the complaint; Executive Director has not rendered a deter- discretion, may grant interlocutory review. (2) describe the evidence in record; mination on the merits,≈; determine any re- The Board’s decision to grant or deny inter- (3) contain findings of fact and conclusions quest for enlargement of page limitation of locutory review is not appealable. of law, and the reasons or basis therefore, on any post-petition for review document or all the material issues of fact, law, or discre- ..... submission with the Board; or require proof tion presented on the record; ƒ(g) Denial of Motion not Appealable; Man- of service where there are questions of prop- (4) contain a determination of whether a ƒ damus. The grant or denial of a motion for a re- er service. Such delegation shall continue violation has occurred; and (5) order such until revoked by the Board.≈ quest for interlocutory review shall not be ap- remedies as are appropriate under the CAA. pealable. The Hearing Officer shall promptly ƒ(b)≈(c) Upon issuance, the decision and ..... bring a denial of such a motion, and the reasons order of the Hearing Officer shall be entered (d) Upon appeal, the Board shall issue a therefor, to the attention of the Board. If, upon into the records of the Office. written decision setting forth the reasons for consideration of the motion and the reason for ƒ(c)≈(d) The Office shall promptly provide its decision. The Board may dismiss the ap- denial, the Board believes that interlocutory re- a copy of the decision and order of the Hear- peal or affirm, reverse, modify or remand the view is warranted, it may grant the review sua ing Officer to the parties. decision and order of the Hearing Officer in sponte. In addition, the Board may in its discre- ƒ(d)≈(e) If there is no appeal of a decision whole or in part. Where there is no remand tion, in extraordinary circumstances, entertain and order of a Hearing Officer, that decision the decision of the Board shall be entered in directly from a party a writ of mandamus to re- becomes a final decision of the Office, which the records of the Office as the final decision view a ruling of a Hearing Officer.≈ is subject to enforcement under section 8.03 of the Board and shall be subject to judicial ƒ(h)≈(g) Procedures before Board. Upon its of these rules. review. [acceptance of a ruling of the Hearing Officer (f) Corrections to the Record. After a deci- (e) The Board may remand the matter to for≈ decision to grant interlocutory review, sion of the Hearing Officer has been issued, ƒthe≈ a Hearing Officer for further action or the Board shall issue an order setting forth but before an appeal is made to the Board, or proceedings, including the reopening of the the procedures that will be followed in the in the absence of an appeal, before the deci- record for the taking of additional evidence. conduct of that review. sion becomes final, the Hearing Officer may The decision by the Board to remand a case ƒ(i)≈(h) Review of a Final Decision. Denial of issue an erratum notice to correct simple er- is not subject to judicial review under Sec- interlocutory review will not affect a party’s rors or easily correctible mistakes. The Hear- tion 407 of the Act. The procedures for a re- right to challenge rulings, which are other- ing Officer may do so on motion of the par- manded hearing shall be governed by sub- wise appealable, as part of an appeal to the ties or on his or her own motion with or parts F, G, and H of these Rules. The Hearing Board under section 8.01 from the Hearing without advance notice. Officer shall render a decision or report to

VerDate Mar 15 2010 08:33 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.061 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5459 the Board, as ordered, at the conclusion of ..... (c) Time Limitations for Response to Motions proceedings on the remanded matters. ƒUpon (d) To the extent provided in Section 407(a) or Briefs and Reply. Unless otherwise specified receipt of the decision or report, the Board shall of the Act and Section 8.04 of this section, the by the Hearing Officer or these rules, a party determine whether the views of the parties on appropriate ƒAny≈ party may petition the shall file a response to a motion or brief within the content of the decision or report should be Board for enforcement of a final decision of 15 days of the service of the motion or brief obtained in writing and, where necessary, shall the Office or the Board. The petition shall upon the party. Any reply to such response fix by order the time for the submission of those specifically set forth the reasons why the pe- shall be filed and served within 5 days of the views.≈ A decision of the Board following titioner believes enforcement is necessary. service of the response. Only with the Hearing completion of the remand shall be entered in Officer’s advance approval may either party file ..... the records of the Office as the final decision additional responses or replies. of the Board and shall be subject to judicial ... (d) Size Limitations. Except as otherwise spec- review under Section 407 of the Act. § 8.05 Application for Review of an Execu- ified by the Hearing Officer or these rules, no brief, motion, response, or supporting memo- ..... tive Director Action. randum filed with the Office shall exceed 35 (h) Record. The docket sheet, complaint and For additional rules on the procedures per- pages, or 8,750 words, exclusive of the table of any amendments, notice of hearing, answer taining to the Board’s review of an Executive contents, table of authorities and attachments. and any amendments, motions, rulings, or- Director action in Representation pro- The Board, the Office, Executive Director, or ders, stipulations, exhibits, documentary ceedings, refer to Parts 2422.30—31 of the Hearing Officer may waive, raise or reduce this evidence, any portions of depositions admit- Substantive Regulations of the Board, avail- limitation for good cause shown or on its own ted into evidence, docketed Memoranda for able at www.compliance.gov. initiative. Briefs, motions, responses, and sup- the Record, or correspondence between the § 8.06 Expedited Review of Negotiability porting memoranda shall be on standard letter- Office and the parties, and the transcript of Issues. size paper (81⁄2″ x 11″). the hearing (together with any electronic re- For additional rules on the procedures per- § 9.02 Signing of Pleadings, Motions and Other cording of the hearing if the original report- taining to the Board’s expedited review of ne- Filings; Violation of Rules; Sanctions. ing was performed electronically) together gotiability issues, refer to Part 2424 of the Every pleading, motion, and other filing of a with the Hearing Officer’s decision and the Substantive Regulations of the Board, avail- party represented by an attorney or other des- petition for review, any response thereto, able at www.compliance.gov. ignated representative shall be signed by the at- any reply to the response and any other § 8.07 Review of Arbitration Awards. torney or representative. A party who is not rep- pleadings shall constitute the record in the resented shall sign the pleading, motion or other case. For additional rules on the procedures per- filing. The signature of a representative or party ..... taining to the Board’s review of arbitration constitutes a certificate by the signer that the (j) An appellant may move to withdraw a awards, refer to Part 2425 of the Substantive signer has read the pleading, motion, or other petition for review at any time before the Regulations of the Board, available at filing; that to the best of the signer’s knowledge, Board renders a decision. The motion must www.compliance.gov. information, and belief formed after reasonable be in writing and submitted to the Board. § 8.08 Procedures of the Board in Impasse inquiry, it is well grounded in fact and is war- The Board, at its discretion, may grant such Proceedings. ranted by existing law or a good faith argument a motion and take whatever action is re- For additional rules on the procedures of for the extension, modification, or reversal of ex- quired. the Board in impasse proceedings, refer to isting law, and that it is not interposed for any § 8.02 Reconsideration. Part 2471 of the Substantive Regulations of improper purpose, such as to harass or to cause After a final decision or order of the Board the Board, available at www.compliance.gov. unnecessary delay or needless increase in the cost of litigation. If a pleading, motion, or other has been issued, a party to the proceeding Subpart I—Other Matters of General filing is not signed, it shall be stricken unless it before the Board, who can establish in its Applicability moving papers that reconsideration is nec- is signed promptly after the omission is called to ƒ§ 9.01 Filing, Service and Size Limitations of the attention of the person who is required to essary because the Board has overlooked or Motions, Briefs, Responses and other Doc- sign. If a pleading, motion, or other filing is misapprehended points of law or fact, may uments. signed in violation of this rule, a Hearing Offi- move for reconsideration of such final deci- § 9.02 Signing of Pleadings, Motions and cer or the Board, as appropriate, upon motion sion or order. The motion shall be filed with- Other Filings; Violations of Rules; Sanc- or upon its own initiative, shall impose upon the in 15 days after service of the Board’s deci- tions≈ person who signed it, a represented party, or sion or order. No response shall be filed un- ƒ§ 9.03≈ § 9.01 Attorney’s Fees and Costs both, an appropriate sanction, which may in- less the Board so orders. The filing and pend- ƒ§ 9.04≈ § 9.02 Ex parte Communications clude an order to pay to the other party or par- ency of a motion under this provision shall ƒ§ 9.05≈ § 9.03 Settlement Agreements ties the amount of the reasonable expenses in- not relieve a party of the obligation to file a ƒ§ 9.06≈ § 9.04 Revocation, Amendment or curred because of the filing of the pleading, mo- timely appeal or operate to stay the action Waiver of Rules tion, or other filing, including a reasonable at- of the Board unless so ordered by the Board. ƒ§ 9.01 Filing, Service, and Size Limitations of torney’s fee. A Hearing Officer, the Executive The decision to grant or deny a motion for Motions, Briefs, Responses and Other Doc- Director, or the Board, as appropriate, upon reconsideration is within the sole discretion uments. motion or its own initiative may also impose an of the Board and is not appealable. (a) Filing with the Office; Number. One origi- appropriate sanction, which may include the § 8.03 Compliance with Final Decisions, Re- nal and three copies of all motions, briefs, re- sanctions specified in section 7.02, for any other quests for Enforcement. sponses, and other documents, must be filed, violation of these rules that does not result from (a) Unless the Board has, in its discretion, whenever required, with the Office or Hearing reasonable error.≈ stayed the final decision of the Office during Officer. However, when a party aggrieved by ƒ§ 9.03≈ § 9.01 Attorney’s Fees and Costs. the pendency of an appeal pursuant to sec- the decision of a Hearing Officer or a party to (a) Request. No later than ƒ20≈ 30 days tion 407 of the Act, and except as provided in any other matter or determination reviewable by after the entry of a final ƒHearing Officer’s≈ sections 210(d)(5) and 215(c)(6) of the Act, a the Board files an appeal or other submission decision of the Office, ƒunder section 7.16, or party required to take any action under the with the Board, one original and seven copies of after service of a Board decision by the Office terms of a final decision of the Office shall any submission and any responses must be filed the complainant, if he or she is a≈ the pre- carry out its terms promptly, and shall with- with the Office. The Office, Hearing Officer, or vailing partyƒ,≈ may submit to the Hearing in 30 days after the decision or order be- Board may also request a party to submit an Officer or Arbitrator who ƒheard≈ decided comes final and goes into effect by its terms, electronic version of any submission in a des- the case ƒinitially≈ a motion for the award of provide the Office and all other parties to ignated format, with receipt confirmed by elec- reasonable attorney’s fees and costs, fol- the proceedings with a compliance report tronic transmittal in the same format. lowing the form specified in paragraph (b) specifying the manner in which compliance (b) Service. The parties shall serve on each below. ƒAll motions for attorney’s fees and with the provisions of the decision or order other one copy of all motions, briefs, responses costs shall be submitted to the Hearing Officer.≈ has been accomplished. If complete compli- and other documents filed with the Office, other The Hearing Officer or Arbitrator, after giv- ance has not been accomplished within 30 than the request for counseling, the request for ing the respondent an opportunity to reply, days, the party required to take any such ac- mediation and complaint. Service shall be made shall rule on the motion. Decisions regarding tion shall submit a compliance report speci- by mailing or by hand delivering a copy of the attorney’s fees and costs are collateral and fying why compliance with any provision of motion, brief, response or other document to do not affect the finality or appealability of the decision or order has not yet been fully each party, or if represented, the party’s rep- a final decision issued by the ƒHearing Offi- accomplished, the steps being taken to as- resentative, on the service list previously pro- cer≈ Office. ƒA ruling on a motion for attor- sure full compliance, and the anticipated vided by the Office. Each of these documents, ney’s fees and costs may be appealed together date by which full compliance will be must be accompanied by a certificate of service with the final decision of the Hearing Officer. If achieved. A party may also file a petition for specifying how, when and on whom service was the motion for attorney’s fees is ruled on after attorneys fees and/or damages unless the made. It shall be the duty of each party to no- the final decision has been issued by the Hear- Board has, in its discretion, stayed the final tify the Office and all other parties in writing of ing Officer, the ruling may be appealed in the decision of the Office during the pendency of any changes in the names or addresses on the same manner as a final decision, pursuant to the appeal pursuant to Section 407 of the Act. service list. section 8.01 of these Rules.≈

VerDate Mar 15 2010 08:33 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.063 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5460 CONGRESSIONAL RECORD — SENATE September 9, 2014 (b) Form of Motion. In addition to setting Act:≈ Where the settlement agreement does (A) the parcel of land located at 145 East forth the legal and factual bases upon which not have a stipulated method for resolving Simpson Street, Jackson, Wyoming; and the attorney’s fees and/or costs are sought, a violation allegations, ƒAny complaint≈ an al- (B) the building located on the land described motion for an award of attorney’s fees and/or legation ƒregarding≈ of a violation ƒof a for- in subparagraph (A), which is known as the costs shall be accompanied by: mal settlement agreement may≈ must be filed ‘‘Clifford P. Hansen Federal Courthouse’’...... with the Executive Director no later than 60 SEC. 3. CONVEYANCE OF FEDERAL COURTHOUSE TO TETON COUNTY, WYOMING. (3) the attorney’s customary billing rate days after the party to the agreement be- comes aware of the alleged violation. Such (a) IN GENERAL.—Notwithstanding any other for similar work with evidence that the rate ƒcomplaints may be referred by the Executive provision of law, the Administrator shall offer to is consistent with the prevailing community convey to the County all right, title, and inter- rate for similar services in the community in Director to a Hearing Officer for a final deci- sion. The procedures for hearing and deter- est of the United States in and to the Court- which the attorney ordinarily practices; house. ƒand≈ mining such complaints shall be governed by subparts F, G, and H of these Rule.≈ allega- (b) CONSIDERATION.—In exchange for the con- (4) an itemization of costs related to the veyance of the Courthouse to the County under matter in questionƒ.≈ ; and tions will be reviewed, investigated or medi- ated, as appropriate, by the Executive Direc- this Act, the Administrator shall require the (5) evidence of an established attorney-cli- County to pay to the Administrator— ent relationship. tor or designee. ƒ ≈ (1) nominal consideration for the parcel of ƒ§ 9.04≈§ 9.02 Ex parte Communications. § 9.06 § 9.04 Payments required pursuant to Decisions, Awards, or Settlements under land described in section 2(3)(A); and (a) Definitions. (2) subject to subsection (c), consideration in ..... section 415(a) of the Act. Whenever a final decision or award pursu- an amount equal to the fair market value of the (3) For purposes of section ƒ9.04≈ 9.02, the ant to sections 405(g), 406(e), 407, or 408 of the building described in section 2(3)(B), as deter- term proceeding means the complaint and Act, or an approved settlement pursuant to mined based on an appraisal of the building hearing proceeding under section 405 of the section 414 of the Act, require the payment that is acceptable to the Administrator. (c) CREDITS.—In lieu of all or a portion of the CAA, an appeal to the Board under section of funds pursuant to section 415(a) of the Act, amount of consideration for the building de- 406 of the CAA, a pre-election investigatory the decision, award, or settlement shall be scribed in section 2(3)(B), the Administrator may hearing under section 220 of the CAA, and submitted to the Executive Director to be accept as consideration for the conveyance of any other proceeding of the Office estab- processed by the Office for requisition from the building under subsection (b)(2) any credits lished pursuant to regulations issued by the the account of the Office of Compliance in or waivers against lease payments, amounts ex- Board under the CAA. the Department of the Treasury, and pay- pended by the County under facility mainte- ..... ment. No payment shall be made from such nance agreements, or other charges for the con- account until the time for appeal of a deci- (b) Prohibited Ex Parte Communications and tinued occupancy or use by the Federal Govern- sion has expired. Exceptions. ment of the building. ƒ§ 9.07≈ § 9.05 Revocation, Amendment or (2) The Hearing Officer or the Office may (d) RESTRICTIONS ON USE.—The deed for the initiate attempts to settle a matter informally Waiver of Rules. conveyance of the Courthouse to the County (a) The Executive Director, subject to the at any time. The parties may agree to waive under this Act shall include a covenant that approval of the Board, may revoke or amend the prohibitions against ex parte communica- provides that the Courthouse will be used for these rules by publishing proposed changes tions during settlement discussions, and they public use purposes. in the Congressional Record and providing may agree to any limits on the waiver. (e) COSTS OF CONVEYANCE.—The County shall —Renumber subsequent paragraphs in sub- for a comment period of not less than 30 be responsible for paying— section— days. Following the comment period, any (1) the costs of an appraisal conducted under ƒ§ 9.05≈ § 9.03 Informal Resolutions and Set- changes to the rules are final once they are subsection (b)(2); and tlement Agreements. published in the Congressional Record. (2) any other costs relating to the conveyance (b) The Board or a Hearing Officer may of the Courthouse under this Act. (b) Formal Settlement Agreement. The parties waive a procedural rule contained in this may agree formally to settle all or part of a (f) PROCEEDS.— Part in an individual case for good cause (1) DEPOSIT.—Any net proceeds received by disputed matter in accordance with section shown if application of the rule is not re- the Administrator as a result of the conveyance 414 of the Act. In that event, the agreement quired by law. under this Act, as applicable, shall be paid into shall be in writing and submitted to the Ex- the Federal Buildings Fund established under ecutive Director for review and approval. f section 592 of title 40, United States Code. The settlement is not effective until it has CLIFFORD P. HANSEN FEDERAL (2) EXPENDITURE.—Amounts paid into the been approved by the Executive Director. If COURTHOUSE CONVEYANCE ACT Federal Buildings Fund under paragraph (1) the Executive Director does not approve the shall be available to the Administrator, in settlement, such disapproval shall be in writ- amounts specified in appropriations Acts, for ex- ing, shall set forth the grounds therefor, and ALBUQUERQUE, NEW MEXICO, penditure for any lawful purpose consistent shall render the settlement ineffective. FEDERAL LAND CONVEYANCE ACT with existing authorities granted to the Admin- (c) Requirements for a Formal Settlement istrator. Agreement. A formal settlement agreement Mr. BROWN. Madam President, I ask (g) ADDITIONAL TERMS AND CONDITIONS.—The requires the signature of all parties or their unanimous consent that the Senate Administrator may establish such additional designated representatives on the agreement proceed to the immediate consider- terms and conditions with respect to the convey- document before the agreement can be sub- ation of Calendar No. 423, S. 1934, and ance under this Act as the Administrator con- mitted to the Executive Director for signa- Calendar No. 418, S. 898 en bloc. siders to be appropriate to protect the interests ture. A formal settlement agreement cannot The PRESIDING OFFICER. Without of the United States. be submitted to the Executive Director for signature until the appropriate revocation objection, it is so ordered. The Senate proceeded to consider the periods have expired. A formal settlement The Senate proceeded to consider the bill (S. 898) to authorize the Adminis- agreement cannot be rescinded after the sig- bill (S. 1934) to direct the Adminis- trator of General Services to convey a natures of all parties have been affixed to trator of General Services to convey parcel of real property in Albuquerque, the agreement, unless by written revocation the Clifford P. Hansen Federal Court- New Mexico, to the Amy Biehl High of the agreement voluntarily signed by all house back to Teton County, Wyoming, School Foundation. parties, or as otherwise permitted by law. which had been reported from the Com- Mr. BROWN. Madam President, I ask (d) Violation of a Formal Settlement Agree- mittee on Environment and Public unanimous consent that the amend- ment. If a party should allege that a formal settlement agreement has been violated, the Works, with an amendment to strike ment to S. 1934 be agreed to, the bills, issue shall be determined by reference to the all after the enacting clause and insert as amended if amended, be read a third formal dispute resolution procedures of the in lieu thereof the following: time and passed en bloc, and that the agreement. Parties are encouraged to in- S. 1934 title amendment to S. 1934 be agreed clude in their settlements specific dispute SECTION 1. SHORT TITLE. to, and that the motions to reconsider resolution procedures. If the ƒparticular≈ This Act may be cited as the ‘‘Clifford P. Han- be considered made and laid upon the formal settlement agreement does not have sen Federal Courthouse Conveyance Act’’. table. a stipulated method for dispute resolution of SEC. 2. DEFINITIONS. The PRESIDING OFFICER. Without ƒ ≈ an alleged violation of the agreement , the In this Act: objection, it is so ordered. Office may provide assistance in resolving (1) ADMINISTRATOR.—The term ‘‘Adminis- The committee amendment in the the dispute, including the services of a medi- trator’’ means the Administrator of General ator as determined by the Executive Direc- nature of a substitute was agreed to. Services. The bill (S. 1934), as amended, was or- tor. ƒthe following dispute resolution proce- (2) COUNTY.—The term ‘‘County’’ means dure shall be deemed to be a part of each for- Teton County, Wyoming. dered to be engrossed for a third read- mal settlement agreement approved by the Ex- (3) COURTHOUSE.—The term ‘‘Courthouse’’ ing, was read the third time, and ecutive Director pursuant to section 414 of the means— passed.

VerDate Mar 15 2010 08:33 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.064 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5461 The title amendment was agreed to, (f) DEADLINE.—The conveyance of the Fed- ate completes its business today, it ad- as follows: eral land under this Act shall occur not later journ until 9:30 a.m. on Wednesday, Amend the title so as to read: ‘‘A bill to di- than 3 years after the date of enactment of September 10, 2014; that following the rect the Administrator of General Services this Act. prayer and pledge, the morning hour be to convey the Clifford P. Hansen Federal f deemed expired, the Journal of pro- Courthouse to Teton County, Wyoming.’’. EXPRESSING CONDOLENCES TO ceedings be approved to date, and the The bill (S. 898) was ordered to be en- THE FAMILIES OF JAMES FOLEY time for the two leaders be reserved for grossed for a third reading, was read AND STEVEN SOTLOFF their use later in the day; and that fol- the third time, and passed, as follows: lowing any leader remarks, the Senate Mr. BROWN. Madam President, I ask S. 898 resume consideration of the motion to unanimous consent that the Senate Be it enacted by the Senate and House of Rep- proceed to S.J. Res. 19 postcloture; fur- resentatives of the United States of America in proceed to the immediate consider- ther, that at 2 p.m. all postcloture time Congress assembled, ation of S. Res. 538, submitted earlier be considered expired and the Senate SECTION 1. SHORT TITLE. today. proceed to vote on the motion to pro- This Act may be cited as the ‘‘Albu- The PRESIDING OFFICER. The ceed. querque, New Mexico, Federal Land Convey- clerk will report the resolution by The PRESIDING OFFICER. Without ance Act of 2013’’. title. objection, it is so ordered. SEC. 2. DEFINITIONS. The legislative clerk read as follows: f In this Act: A resolution (S. Res. 538) expressing the (1) ADMINISTRATOR.—The term ‘‘Adminis- condolences of the Senate to the families of PROGRAM trator’’ means the Administrator of General James Foley and Steven Sotloff, and con- Mr. BROWN. Madam President, we Services. demning the terrorist acts of the Islamic (2) FEDERAL LAND.—The term ‘‘Federal State of Iraq and the Levant. expect a voice vote on the motion to land’’ means the real property located in Al- proceed to the constitutional amend- buquerque, New Mexico, that, as determined There being no objection, the Senate ment on campaign finance reform. by the Administrator, subject to survey, gen- proceeded to consider the resolution. Shortly after 2 p.m., we expect a roll- erally consists of lots 12 through 19, and for Mr. BROWN. Madam President, I ask call vote relative to the paycheck fair- the westerly boundary, the portion of either unanimous consent that the resolution ness bill. lot 19 or 20 which is the outside west wall of be agreed to, the preamble be agreed the basement level of the Old Post Office to, and the motions to reconsider be f building, and which has a municipal address made and laid upon the table, with no ORDER FOR ADJOURNMENT of 123 Fourth Street, SW, in Block 18, New Mexico Town Company’s Original Townsite, intervening action or debate. Mr. BROWN. Madam President, if Albuquerque, New Mexico. The PRESIDING OFFICER. Without there is no further business to come be- (3) FOUNDATION.—The term ‘‘Foundation’’ objection, it is so ordered. fore the Senate, I ask unanimous con- means the Amy Biehl High School Founda- The resolution (S. Res. 538) was sent that it adjourn under the provi- tion. agreed to. sions of S. Res. 539, as a further mark SEC. 3. CONVEYANCE OF REAL PROPERTY IN AL- The preamble was agreed to. of respect to the memory of the late BUQUERQUE, NEW MEXICO, TO THE (The resolution, with its preamble, is AMY BIEHL HIGH SCHOOL FOUNDA- Senator James M. Jeffords, former TION. printed in today’s RECORD under ‘‘Sub- United States Senator for the State of (a) CONVEYANCE.—Notwithstanding any mitted Resolutions.’’) Vermont, following the remarks of other provision of law, not later than 90 days f Senator RUBIO. And a special mention: after the date of enactment of this Act, the RELATIVE TO THE DEATH OF My chief of staff, Mark Powden, who Administrator shall offer to convey to the used to be the chief of staff for Senator Foundation, by quitclaim deed, all right, JAMES M. JEFFORDS, FORMER title, and interest of the United States in UNITED STATES SENATOR FOR Jeffords, gave a eulogy at his funeral and to the Federal land. THE STATE OF VERMONT and had immense respect for the late (b) CONSIDERATION.—As consideration for Senator from Vermont. conveyance of the Federal land under sub- Mr. BROWN. Madam President, I ask The PRESIDING OFFICER. Without section (a), the Administrator shall require unanimous consent that the Senate objection, it is so ordered. the Foundation to pay to the Administrator proceed to the consideration of S. Res. The Senator from Florida. consideration in an amount equal to the fair 539, which was submitted earlier today. f market value of the Federal land, as deter- The PRESIDING OFFICER. The mined based on an appraisal that is accept- clerk will report the resolution by CONGRATULATING BOOKER T. able to the Administrator. title. WASHINGTON HIGH SCHOOL (c) COSTS OF CONVEYANCE.—The Founda- tion shall be responsible for paying— The legislative clerk read as follows: Mr. RUBIO. Madam President, I ap- (1) the costs of an appraisal conducted A resolution (S. Res. 539) relative to the preciate the opportunity to speak for a under subsection (b); and death of James M. Jeffords, former United few moments this evening before the (2) any other costs relating to the convey- States Senator for the State of Vermont. Senate adjourns its workday. ance of the Federal land under this Act. There being no objection, the Senate I begin with a couple points of per- (d) PROCEEDS.— proceeded to consider the resolution. sonal privilege. One is to congratulate (1) DEPOSIT.—Net proceeds received under subsection (b) shall be paid into the Federal Mr. BROWN. Madam President, I ask a local high school in Miami, FL, by Buildings Fund established under section 592 unanimous consent that the resolution the name of Booker T. Washington. of title 40, United States Code. be agreed to, the preamble be agreed This is a school which has now won 29 (2) EXPENDITURE.—Amounts paid into the to, and the motions to reconsider be consecutive games. They were the na- Federal Buildings Fund under paragraph (1) laid upon the table with no intervening tional champions last year in high shall be available to the Administrator, in action or debate. school football, and I think they are amounts specified in appropriations Acts, for The PRESIDING OFFICER. Without headed to that again this year. expenditure for any lawful purpose con- objection, it is so ordered. But what really impresses me about sistent with existing authorities granted to the Administrator, except that the Adminis- The resolution (S. Res. 539) was this program is the work they do with trator shall provide to the Committee on agreed to. these young men. These young men Transportation and Infrastructure of the The preamble was agreed to. come from a very challenging part of House of Representatives and the Committee (The resolution, with its preamble, is Miami, of Overtown, and have really on Environment and Public Works of the printed in today’s RECORD under ‘‘Sub- overcome tremendous obstacles in Senate 30 days advance written notice of any mitted Resolutions.’’) their personal lives to achieve both in expenditure of the proceeds. f the classroom and on the field. (e) ADDITIONAL TERMS AND CONDITIONS.— What I am most impressed about, as The Administrator may require that any ORDERS FOR WEDNESDAY, I tell Coach Harris every time I get to conveyance under subsection (a) be subject SEPTEMBER 10, 2014 to such additional terms and conditions as see him, is that it is not the kind of the Administrator considers appropriate to Mr. BROWN. Madam President, I ask football players he has made them—be- protect the interests of the United States. unanimous consent that when the Sen- cause they are excellent—but the kind

VerDate Mar 15 2010 08:33 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.097 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5462 CONGRESSIONAL RECORD — SENATE September 9, 2014 of young men they are becoming. I people are facing, they are pervasive tender. They never made a lot of think they are worthy of congratula- and they are real. We see that the 21st money. Yet they achieved the Amer- tions. century has brought extraordinary and ican dream. I was at their game on Friday rapid change to our lives. The economy The American dream has never been against another very good team from that once produced millions of jobs about how much money you make or South Florida, both ranked in the top which allowed people to make it to the how many things you own; it is about 10 nationally in high school. I assure middle class and achieve that Amer- achieving happiness. For them, achiev- my colleagues from States such as ican dream—many of those jobs have ing happiness was giving us the chance California and Texas that while their been outsourced. They are automated. to do all the things they never could, football is good, our football is special. They have gone away. and they were able to do that in the Enough bragging on them. They are a Millions of people who have worked 20th century in service sector jobs. great team, and we are fortunate to be their entire lives are now struggling to That is still possible in America for able to witness what they have been find a job that allows them to keep many people, but it is increasingly able to do over the last couple of years. pace with the cost of living. People are more difficult. I wish we would address REMEMBERING STEVEN SOTLOFF stuck in low-wage jobs, and I will have that because the reason it has become The second point, which is related to more to say about that later this week. more difficult is because almost all the my comments here in a moment, is to- People are working for $9 or $10 an higher paying jobs of the 21st century ward the family of Steven Sotloff, who hour and cannot make ends meet, espe- require some sort of advanced skill ac- lost his life tragically in the Middle cially when the cost of living continues quisition, and millions of our people East over the last few days. We are all to rise in every facet of our lives. simply don’t have it. The reason is be- familiar with that horrific tale. We have students who have gone to cause our educational system is not a Steven actually lived in Miami, FL, school, graduated with a degree, have 21st-century one. Why have we stig- with his family literally blocks away done everything they were told they matized vocational education in Amer- from where I go to church, literally needed to do to succeed, and now can- ica? Why have we told people that if blocks away from where I live. He was not find a job with the degree they they want to be an electrician or a a member of our community. sought, but they potentially owe tens plumber or a truckdriver or a welder or As I said last week at his memorial of thousands of dollars in student any other number of vocational profes- service, Steven had dedicated his life loans—an issue I am both sensitive to sions—why have we stigmatized that to revealing the suffering and the re- and familiar with because I myself when we know there are jobs available ality of what was happening in some of owed well over $100,000, including on in those fields and we need people to the most dangerous areas of the world. the day I swore into the Senate. This is fill them? And while he lost his life tragically, I a real strain on people. The second issue is, what about the think it is both ironic and appropriate Whatever it may be, there are mil- people trapped in those low-paying that in his last act, as he lost his life lions of Americans who are starting to jobs—the single mother who works as a he revealed the true nature of what we doubt whether that fundamental prom- home health aide for $10 an hour, the confront in that part of the world and ise of America—that if they work hard, receptionist at a law firm making $11 the true nature of the Islamic State, they can get ahead and achieve happi- an hour, the people working in a fast who they are, and what they are all ness as they define it—is still true. We food restaurant for $9 an hour? There is about. This was a young man who, as I understand the reasons why, and this is nothing wrong with those jobs, but I said, dedicated his life not just to jour- something we need to address, and we am sure that as time goes on they want nalism but to journalism in the most address it by addressing the core chal- more, and we have to equip them with dangerous part of the world and in so lenges of our time, which are not the the skills to be able to do more so that doing was able to bring that reality to different issues I heard thrown around the home health aide can become an us even in the last moments of his life. here today. ultrasound technician or a dental hy- CONSTITUTIONAL AMENDMENT The core challenges of our time are gienist not making $12 an hour but Intriguing, of course, is the debate that, first and foremost, the nature of making $30 an hour, so that the young which has occurred here over the last our economy has changed rapidly. man who is on the unemployment line couple of days on this very interesting America faces more global competition can become a welder or a building spe- political matter. There is a lot of hy- than ever for investment and for inno- cialist or some other 21st-century ca- perbole being thrown around about the vation. There are more countries than reer or profession that gives him the influence money has on our political ever competing with us for investment skills he needs for those better paying process. I have found there is plenty of and for innovation, and tragically we jobs. I wish we were focused on that. money on both sides of every issue, and haven’t kept pace with that change. We By the way, how about informing our certainly all of my colleagues here, in- still have policies in this country deep- college students about the true value cluding those who support this amend- ly rooted in the last century, in an era of their degrees? In America—a free ment before us, have been the bene- that has come and gone. We continue country—you can study anything you ficiaries of vast amounts of campaign to impose taxes and regulations and a want, but before you borrow $50,000 to spending. In fact, as some of my col- national debt and a health care law and attain a major in Greek philosophy, leagues pointed to earlier, the majority all sorts of other measures that put us you deserve to know that the market of the money being raised and spent in at a competitive disadvantage. for Greek philosophers is tight and political campaigns, including from I wish the No. 1 priority of the Sen- that it is going to be difficult to pay off Wall Street, is on behalf of many of the ate was to make America once again that loan. I think every student in same people who are now here con- the single-best place in the world to in- America who is taking out student demning it. If in fact it is so unseemly, vest and to innovate so we could create loans has the right to know how much as they say, then perhaps they should millions of higher paying 21st-century people make when they graduate from take a unilateral pledge not to accept jobs. their school with that degree so they these sources of funds. Of course they I wish that were our No. 1 priority, can make informed and educated deci- won’t, but it is an interesting dynamic followed closely by our No. 2 priority, sions about whether they should bor- at a time when our Nation faces so which is equipping people with the row money to pay for the specific de- many struggles. skills they need for the jobs of the 21st gree they seek. ECONOMIC CHALLENGES century. It wasn’t that long ago that This is an important issue, and I wish What I hope and wish is that more someone could come to this country or that was our second top priority here, time in this Chamber would be dedi- grow up in this country, not have a lot that we would focus more on how to cated to the issues this country faces, of advanced education, and still make help people trapped in low-paying jobs, the ones that threaten our status as a it to the middle class. My parents did how to help people who are struggling special and unique nation. it. They worked service sector jobs. My with the challenges of the 21st century, When we look across the country mother was a maid and a cashier at ho- how to help these people acquire the today at the economic challenges our tels, and my father was a banquet bar- skills they need for better paying jobs.

VerDate Mar 15 2010 08:33 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.100 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5463 We have seen virtually no conversa- Washington, DC, and impede action on they are replete with foreign fighters, tions about those two issues here in the this matter. including thousands of foreign fighters last few days. In Europe we see chaos too. Russia that have visa waiver passports from No wonder people are disgusted with has invaded Ukraine. Maybe they countries where all they have to do is Washington. We don’t spend any time switched uniforms and have lied about buy a plane ticket to come to the here talking about what they are wor- it, but they have invaded Ukraine, and United States. Among those, by the ried about. We spend very little time NATO has been helpless to do anything way, are Americans, including one who talking about what they are concerned about it. I hope we will be more force- is from Florida who even came back to about. Our discourse in this body is so ful in our response because the impli- the United States for a number of irrelevant to their daily lives that they cations not just for that region but for weeks and then returned and conducted have reason not just to be disgusted the world are very significant. a suicide attack on behalf of this with politics but quite frankly to be But the one I want to close on to- group. tempted to give up on us and our abil- night is focused on—and this relates to Last but not least, they control terri- ity to address any of these challenges. Steven Sotloff, as discussed a moment tory. We know that in order to carry WORLD EVENTS ago—what is happening with ISIL. out the 9/11 attacks Al Qaeda needed a There is a third 21st-century chal- Tomorrow night I believe the Presi- safe haven in parts of Afghanistan. lenge and one I hope to speak about in dent will give the most important ad- These folks in the Islamic State—these the moments I have remaining; that is, dress of his Presidency—perhaps the lunatics—control a vast space. Most of the reality that world events have an most important address of any Presi- northern Syria and vast portions of impact on us greater than ever before. dency in the last decade. Tomorrow Iraq are under their control. This I am not saying world events never night I hope he comes before the Amer- makes this group very significant and used to matter. Of course they did. But ican people and explains to them what dangerous with intentions not just on we are increasingly members of a grow- is truly at stake. I was about to say taking over Iraq but dominating the ing global economy, which means that that I thought he should have done this region, ultimately moving into Jordan, today when there is instability on this weeks ago, maybe months ago, but I Saudi Arabia, Lebanon, and other planet, it isn’t just our national secu- am glad he is doing this. places, and conducting attacks against rity that is threatened, it is our eco- I would ask my Republican col- the United States. nomic security as well. leagues—all of my colleagues—that at It is simple. ISIL cannot fulfill its re- We are 6 percent of the world’s popu- this time of such critical national secu- gional ambitions if it doesn’t drive the lation. In order to achieve more pros- rity importance, we try as much as United States out of the Middle East, perity, we have to sell more things to possible to rally behind our efforts to and the only way they can draw us out more people everywhere in the world. address this challenge because it is a of the Middle East is by terrorizing us But that depends on peace and sta- real challenge. If and when this group out of the Middle East. To terrorize us bility across the planet, and we can’t comes after the United States, both they will have to conduct terrorist at- have peace and stability when the around the world or here at home, they tacks against us both abroad and here world is in chaos. So I would say today will not be coming after Republicans in the homeland. Here we have the that foreign relations and foreign pol- and they will not be coming after most well-funded, most capable ter- icy matter more from an economic per- Democrats; they will be coming after rorist group in modern history with a spective than they ever have in the his- Americans; the threat we face is real. clear intention and desire to attack us tory of this Nation. I wish there were We have a tradition in this govern- in order to terrorize us out of the re- more focus in this body on what is hap- ment of rallying together and acting in gion. This is a very serious national se- pening all over the world because the a nonpartisan way when it comes to curity threat, and it is important for world is in total chaos. national security. That is not just the President to clearly explain that to In the Asia-Pacific region, China is something we do because it is polite; it our fellow Americans. undergoing a dramatic modernization is something we must do because unity The second thing I hope we will do is of its military capabilities—increas- is important in order to address these outline a clear goal about what we in- ingly challenging, for example, U.S. air challenges. tend to achieve and that goal should be power in the region and increasingly I have been critical of the President. unequivocal: the complete defeat and acting out on illegitimate territorial I have been critical of the slow re- annihilation of ISIL. That goal is ac- claims. sponse. I think it is valid to point out complished in three steps: first, by In Latin America we have seen an the mistakes he has made so we can stopping their continued spread; sec- erosion of democratic order, the rise of learn and so he can be held account- ond, by eroding their capability and antidemocratic governments that able. But I also think it is important to control of territory; and ultimately by threaten to erode almost two decades look forward at what we can do now. defeating them as an organization—by of democratic progress in the region. While I thought that what the Presi- eliminating them as an organization. By the way, in this body we have en- dent is about to do he should have done So after he has outlined who this deavored to address one of those chal- weeks and months ago, I am glad he is group is and why it is in our national lenges in Venezuela—an outrage, a finally doing it. Tomorrow night’s ad- interest to defeat them and he has out- place full of corruption and human dress to the Nation is an important lined his goal to defeat them, I hope rights violations, an anti-American one. I hope all Americans tune in. the President will explain to the Amer- government that does everything pos- Here are the three points I hope the ican people in as much detail as pos- sible to undermine us and our inter- President will make: First, I hope he sible—and clearly there are things he ests, not just the interests of their own clearly outlines to our fellow Ameri- cannot share for operational security people. We have been blocked in our ef- cans what is at stake here. ISIL is not purposes—but in as much detail as pos- forts to address it because somehow just a collection of crazy terrorists. It sible how he intends to defeat them. the Venezuelan Government, acting is the single most dangerous terrorist I think this is a multi-faceted proc- through CITGO—a wholly owned com- challenge this Nation has ever faced. ess, but it should include the continued pany of the Venezuelan Government— We faced some dangerous terrorists be- air strikes in northern Iraq. Air strikes got lobbyists to come here to the Sen- fore. We are familiar with Al Qaeda and are most successful when they are done ate and lobby for blockage and stop- their capability. We are familiar with in coordination with Kurds and Iraqi page of a measure we were ready to some of the nation-states we faced ground forces there on the ground pass by unanimous consent. down in the past. now—by continuing to supply and So I come to the floor to ask the ma- This group is uniquely dangerous for equip the Kurds by giving them jority leader to please schedule a vote a number of reasons. First, it is by far logistical support they need in order to on these sanctions on Venezuela be- the best funded terrorist operation per- take on the supplies and get them out cause it will pass overwhelmingly. Do haps in all of human history. They are to the troops by hopefully working not allow lobbyists for the Venezuelan generating millions of dollars a day with the new Iraqi government that Government to be able to come to alone just from oil revenue. Second, was just formed to stand as a unified

VerDate Mar 15 2010 08:33 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.101 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5464 CONGRESSIONAL RECORD — SENATE September 9, 2014 Iraqi government that is capable not them. It is my hope that it will be a which he won’t bomb because he hopes just of supplying a government that combination of U.S. air power and to take them one day intact so he can unites all of the people of Iraq but also qualified, well-equipped, well-trained use them. There is collusion between one that is capable of fielding security competent moderate rebel forces with- them. If anybody has any illusions forces capable of conducting operations in Syria, because here is the problem: about who Assad really is, I hope the without dividing the country along the If you eliminate ISIL but you don’t President will outline this for us to- Shia and Sunni lines. have some sort of capable moderate morrow. It is important for us and for We also need more cooperation from group left behind, then all you are our future. Arabs in the region because they are doing is replacing ISIL with al-Nusra I will make one more point about immediately threatened. They are or some other radical Islamic group on why this is the most important speech coming after the Crown in Saudi Ara- the ground there. So it is important that the President will give. Because bia; they are coming after the Crown in that we do both. this threat will probably outlive his Jordan. They are eventually going to I know no one wants to get into an- Presidency. We have to be prepared for move into Lebanon as well. They pose other conflict. We have no choice. We the fact that ISIL may not be defeated a real and present threat to all the na- are going to have to deal with ISIL. in 24 months, that the next President tions in this region and they must act. The choice is not whether we deal with of the United States and many of us— We need their cooperation both mili- them. The choice is do we deal with whether it is serving here, whether it is tarily and diplomatically but also by them now while they are still growing controlled by Republicans or Demo- using the megaphone that the govern- or do we deal with them later when crats—will have to remain committed ment and state-run media provides to they have grown and when they have to this goal, because this threat in all stigmatize this group by revealing controlled vast and larger territories likelihood will outlive the Presidency them for who they truly are. There than they do now, when they have of Barack Obama. It is important for should be nothing romantic about ISIL more fighters and are better funded. him to put in place a clear goal and a in the minds of any Arab, about joining That is the choice before us. plan that can survive his Presidency so their ranks or their efforts. We need I submit to you that I know of no that we can carry out this task. It is the government’s help in spreading medical condition that is easier to critical for our country. treat later rather than earlier. Every that word and revealing that reality. I wish the President the best on his By the way, we also need to work medical condition that I know—ISIL address tomorrow, and I hope we can with them and other regional govern- has been compared to cancer—every come together in a bipartisan way to ments—especially the Turks—to help cancer that I know is easier to treat if confront and defeat this evil before it cut off ISIL’s access to funds and to you catch it earlier rather than later. I is too late. fighters. The Turks need to step up and would say this is true with this cancer, Madam President, I yield the floor. do a better job of securing that border. ISIL. If we deal with them sooner, it Cutting off their funds requires us to will not be costless or fast, but it will f go after their most significant source be easier to deal with them then, than of funds and that is the refinery capac- if we wait until later. But to do so will ity in Syria. I will have more to say ultimately require someone to con- ADJOURNMENT UNTIL 9:30 A.M. about that in a moment. We should front them and defeat them within TOMORROW target that because the black market Syria itself, and defeating them in The PRESIDING OFFICER. Under sale of oil in Syria is the single and Syria alone is not enough. We have to the previous order, the Senate stands fastest growing source of revenue for ensure that there is some group there adjourned until 9:30 a.m. tomorrow ISIL, but it is also a fuel for their ter- on the ground, some moderate rebel under the provisions of S. Res. 539, as a rorist operations. force that can take over not just from further mark of respect to the memory But ultimately there is no way to de- them but from the Assad regime. of the Honorable James M. Jeffords. feat ISIL without defeating them in There is collusion between Assad and Thereupon, the Senate, at 6:53 p.m., Syria. Someone is going to have to ISIL. The refineries that ISIL controls adjourned until Wednesday, September confront them in Syria and defeat in Syria are former Assad refineries 10, 2014, at 9:30 a.m.

VerDate Mar 15 2010 08:33 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.104 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE