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

Vol. 160 WASHINGTON, TUESDAY, APRIL 29, 2014 No. 62 House of Representatives The House met at 10 a.m. and was Ron was a veteran of the Korean war, women who are joining our Armed called to order by the Speaker pro tem- serving in the United States Army Forces. Ron was also a frequent visitor pore (Mr. DUNCAN of Tennessee). from 1952 to 1954. to my Stockton district office, and he f His life was dedicated to serving the knew my entire staff, and we appre- community in a variety of jobs, includ- ciated him. DESIGNATION OF SPEAKER PRO ing as a member of the Stockton Met- Ron was a 33rd Degree Scottish Rite TEMPORE ropolitan Transit District Board of Di- Mason, the highest degree for a mason. The SPEAKER pro tempore laid be- rectors; Stockton City Council, serving He was appointed to the office of Per- fore the House the following commu- as vice mayor in 1985; San Joaquin sonal Representative of the Sovereign nication from the Speaker: County Council of Governments; Cali- Grand Inspector General of California WASHINGTON, DC, fornia Public Utility Commission; for the Stockton Scottish Rite in April April 29, 2014. Stockton Port District Board of Port 1992, serving in that position until May I hereby appoint the Honorable JOHN J. Commissioners. 2003. DUNCAN, Jr. to act as Speaker pro tempore Appointed by the Stockton City He was instrumental in partnering on this day. Council to the Board of Port Commis- the Stockton Scottish Rite Childhood JOHN A. BOEHNER, sioners in 1991, Ron served with dis- Language Disorders Center and the Speaker of the House of Representatives. tinction as the commissioner for 20 speech and language department of the f years. During his tenure on the Stock- University of the Pacific. Throughout MORNING-HOUR DEBATE ton Port Commission, Ron’s leadership his partnership, the Stockton Center was apparent from the onset, and in became a flagship for all Scottish Rite The SPEAKER pro tempore. Pursu- the year 2000 he helped the Port of Childhood Language Disorders Centers ant to the order of the House of Janu- Stockton secure Rough and Ready Is- in California, providing speech therapy ary 7, 2014, the Chair will now recog- land from the United States Navy. treatment to children throughout our nize Members from lists submitted by By acquiring Rough and Ready Is- community. This center now serves ap- the majority and minority leaders for land, the Port of Stockton became the proximately 100 children each week morning-hour debate. third largest port in California, the free of charge. The Chair will alternate recognition largest inland port in terms of acreage Ron’s impact on our community and between the parties, with each party in California, and the second busiest lives around him will not be forgotten. limited to 1 hour and each Member inland port on the west coast. This al- Ron always brought a smile and a other than the majority and minority lowed the Port of Stockton to better warm sense of humor. To know Ron leaders and the minority whip limited serve California’s expanding agri- was to know a dear friend. He was one to 5 minutes, but in no event shall de- culture industry, and is essential given of Stockton’s most dedicated citizens, bate continue beyond 11:50 a.m. its proximity to major transportation and we will miss him. f hubs in the State. Ron was preceded in death by his Ron also served on various boards wife of 50 years, Mary Ellen Coale. Ron HONORING W. RONALD COALE and commissions at the State and local is survived by his two sons, Ronald W. The SPEAKER pro tempore. The levels in California. He was a former and Michael W., and five grand- Chair recognizes the gentleman from member of the advisory board of the children: Ronald Thomas, Stephanie California (Mr. MCNERNEY) for 5 min- YMCA of San Joaquin County, a mem- Lynn, Christopher Aaron, Jeffrey Mi- utes. ber of the Stockton Salvation Army, chael, and Tyler Joseph Coale. Mr. MCNERNEY. Mr. Speaker, I rise and a former gubernatorial appointee f to celebrate the life and legacy of my to the Atascadero State Hospital Advi- friend, W. Ronald Coale, who passed sory Board. In these roles, Ron helped THE NATIONAL DAY OF PRAYER away on April 17, 2014. to reach our youth and help those in The SPEAKER pro tempore. The Ron was a native of Stockton, Cali- need. Chair recognizes the gentleman from fornia. He went to local schools, grad- As a veteran, Ron was a member of Oklahoma (Mr. LANKFORD) for 5 min- uated from Stockton College, and ac- Karl Ross Post of the American Legion utes. quired a teaching certificate in the in Stockton. He was a member of my Mr. LANKFORD. Mr. Speaker, last field of transportation and distribution U.S. service academy nomination com- week as I traveled my State, over and from the University of California at mittee. His knowledge and expertise over again people encouraged me with Berkeley. Dedicated to his country, was invaluable to the young men and a simple statement, ‘‘I pray for you.’’

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

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VerDate Mar 15 2010 01:39 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A29AP7.000 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE H3246 CONGRESSIONAL RECORD — HOUSE April 29, 2014 Those powerful words pack a tremen- The National Day of Prayer is not a since the House Republican leaders dous amount of compassion and the- mandate to pray. It is not a congres- turned their backs on millions of un- ology. It is the belief of millions of sional establishment of religion. It is employed Americans, and the situation Americans that there is a God who cre- two things: a congressional acknowl- grows more dire for these individuals ated us, He cares for us, and He is in- edgment that millions of people in our and their families with each passing terested in our lives. It is the belief Nation believe in God, and they believe day. that if we pray, a loving God hears our that God hears our prayers and re- For far too long, this Congress has prayer and He responds to our needs sponds when we pray; and a request described the long-term unemployed in and the needs of others. that those who believe in prayer should numbers, figures, and statistics only. This is the week of the National Day pray, and pray for our Nation and pray Well, today I hope that will begin to of Prayer. This is a time for us to be for our Nation’s leaders. change and that the Speaker and other able to reflect on prayer and to remem- If you are considering calling my of- Republicans leaders will understand ber and recognize the Americans who fice to complain that I mentioned what is happening to real people be- value prayer. I share the belief with prayer and God on the House floor, you cause of their refusal to extend unem- many others that people are separated are always welcome to call, but you are ployment benefits. from God because of our choices to not going to change my mind, and you I am launching something called the walk away from God and God’s path for are not going to change our Nation. ‘‘Faces of the Unemployed’’ to show our lives, so people live their lives Each day we begin with prayer in the my colleagues on the other side of the alone, even in a crowd. The Bible says, House of Representatives. The words of aisle just who they are hurting. This in Romans 6:23: our national motto, ‘‘In God We poster board will be outside my office, The wages of sin is death, but the gift of Trust,’’ are emblazoned on the wall and I will be adding people to it as they God is eternal life through Christ Jesus, our share their stories. It will force my Re- Lord. right over my right shoulder. There is a prayer chapel in the Capitol set aside publican colleagues to look into their Simply put, what we earn for what for Members of Congress to stop and eyes as they pass them in the hallway we do wrong is separation from life, pray before votes. We have always had and to understand that these individ- real life. God gives us the opportunity prayer as a nation. That is the free ex- uals should not be invisible. to have eternal life, life with God for- ercise of religion that is protected by Mr. Speaker, I want you and all of ever, by accepting the gift of Jesus the Constitution. my colleagues to look at these faces Christ through his death and his res- I am well aware that some people and explain to your colleagues and to urrection. It was my first real prayer. When I want people of faith to be silent and America why you won’t allow a vote was 8 years old, I realized for the first never speak about God in public. They that will help them put food on their time that there is a God and I did not condemn my insensitivity for their table, pay their rent, and provide for know Him. I was separated from Him. lack of belief by trying to require a fel- their families. At my home, I prayed for Jesus to for- low free American to live life more like These are real people, Mr. Speaker, give my sin and come into my life and them. But I would remind them that who have been left behind and forgot- take control. It is that same simple they are not required to believe in God ten about by this body. It is disgraceful prayer that millions of others have because they are an American, and I that, while the Republican budget prayed to begin a walk with God. am not required to stop believing in spends billions of dollars abroad and The Bible teaches us—and I believe— God just because I represent Ameri- protects special interest tax loopholes that God hears our prayer, not because cans. We are both free. You can choose that encourage companies to ship of our good behavior, but because God not to pray, and I can choose to pray American jobs overseas, this body can’t opened the line of communication for you. provide immediate relief to the long- when Jesus paid for our sin on the For those in our Nation that pray, I term unemployed who are still recov- cross, and I accepted His offer of for- humbly request that you set aside this ering from the Great Recession. giveness and a relationship. National Day of Prayer to renew your In the end, this debate is about more It begs the question still: Does it commitment to pray for our Nation. than dollars and cents. It is about the matter if we pray and pray for each We need God’s help in our Nation right families who continue to lose unem- other? Yes is the simple answer. Prayer now. We are in obvious trouble and ployment benefits with each passing puts our hearts and thoughts back in conflict. Even many Christians that I day that the House fails to act. It is line with God’s design. Prayer allows meet would rather complain than pray. about the more than 200,000 veterans us an opportunity to spread out our For everyone who says to me we are and more than a million children who most painful problems before a loving too far gone in debt, our culture is past have been affected by this loss of bene- God. Prayer also provides an oppor- the tipping point, we have lost our way fits. tunity for the God who can do anything forever, I tell them that I believe there It is about my constituents, Michael to demonstrate His care and power in a is still a God in Heaven who hears our from Riverside, Rhode Island, who is world that thinks they do not need prayer, who cares about our lives. I about to lose his electricity and gas be- God. will work, but I will also pray, and I cause he can’t pay his bills and, in his This attitude is not new. President ask you to join me. own words, has ‘‘nowhere to turn.’’ Lincoln in his proclamation for a Na- Let’s pray. It is about Paula from Bristol, who tional Day of Prayer on March 30, 1863, f has always worked since she was 15 wrote this: years old and says she is ‘‘being made RENEW UNEMPLOYMENT We have been the recipients of the choicest to feel like a thief.’’ bounties of Heaven. We have been preserved, BENEFITS It is about Lillian from North Provi- these many years, in peace and prosperity. The SPEAKER pro tempore. The dence, who said she would ‘‘rather be We have grown in numbers, wealth, and Chair recognizes the gentleman from working’’ but can’t find a job. power as no other nation has ever grown. But Rhode Island (Mr. CICILLINE) for 5 min- These stories are not unique to we have forgotten God. We have forgotten Rhode Island. This is happening to peo- the gracious hand which preserved us in utes. peace, and multiplied and enriched us and Mr. CICILLINE. Mr. Speaker, I rise ple in every part of our country: Ne- strengthened us; and we have vainly imag- today to show you and my colleagues vada, Illinois, California, Kentucky, ined, in the deceitfulness of our hearts, that the faces of the Americans that are and Mississippi, to name a few. These all these blessings were produced by some su- hurting by refusing to renew unem- people aren’t Republicans or Demo- perior wisdom and virtue of our own. Intoxi- ployment benefits. crats. They are hardworking Ameri- cated with unbroken success, we have be- Just 3 days after Christmas, this cans who can’t find work and need our come too self-sufficient to feel the necessity House leadership left these people out help. of redeeming and preserving grace, too proud to pray to the God that made us. It behooves in the cold and made it more difficult It is time to put aside our differences us then to humble ourselves before the of- for them to provide for their family, to and come together to provide imme- fended Power, to confess our national sins, buy food, to pay their mortgages or diate relief to these struggling fami- and to pray for clemency and forgiveness. pay their rent. It has been 4 months lies. In tough times, Congress has a

VerDate Mar 15 2010 01:39 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.003 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE April 29, 2014 CONGRESSIONAL RECORD — HOUSE H3247 longstanding history of extending against ALS. We commit to not quit- thing that I share back home, Mr. these benefits, as we saw during the ting until that fight is won. Speaker, which usually surprises peo- Bush administration. I urge Speaker Mr. Speaker, I am honored today to ple, is there is one group on Capitol BOEHNER to look at the faces of these pay tribute to a great man from Semi- Hill where all those labels are put to unemployed Americans and hear their nole, Florida, who had an impact the side, and that happens every Mon- stories so we can work together to across this world. day night or Tuesday night, depending solve this problem as we have in the f on the night we go into session, right past. across the hall in room 219, where there NATIONAL DAY OF PRAYER These photos and stories will be post- is no agenda except to pray and ask ed outside my office—and I hope many The SPEAKER pro tempore. The God for wisdom, like Solomon of the of my colleagues will do the same—to Chair recognizes the gentleman from Old Testament. serve as a reminder that this is about North Carolina (Mr. MCINTYRE) for 5 So my hope is that as many Members the individuals and the families who minutes. and your staff—you will allow your are hurting every day because we have Mr. MCINTYRE. Mr. Speaker, I rise staff to join us this Thursday morning not extended this critical lifeline. I today as cochairman of the Congres- to come together as we celebrate the hope this will put a face on the real sional Prayer Caucus in recognition National Day of Prayer. stories of the people who are hurting and celebration of the annual observ- Indeed, Mr. Speaker, the true source and it will cause the Speaker to bring ance of the National Day of Prayer. of power is not found here in the Halls a bill to the floor that will extend un- Each year, we take this opportunity of Congress or in the Oval Office in the employment so we can answer the call to pause from the hurried pace of our West Wing or in the chambers of the and be sure that we are doing every- daily lives to reaffirm our Nation’s rich Supreme Court. The true source of thing we can to help those most in spiritual heritage and our commitment power is found on our knees before the need. to maintaining and strengthening our throne of grace, before almighty God. great country’s religious freedom. f It is in that spirit that I rise today to Throughout more than 200 years of our reaffirm this celebration of prayer in b 1015 Nation’s history, faith, prayer, and our Nation’s history for the past, the trust in God have played a vital role in TRIBUTE TO MASTER CHIEF present, and, God willing, the future. strengthening the fabric of our society. PETTY OFFICER GARY ‘‘DOC’’ Indeed, the power of prayer knows no From the dawn of our country, when WELT bounds. May we be a Nation that does the first national call to prayer was stand for our motto, ‘‘In God We The SPEAKER pro tempore. The issued, to that day on April 17, 1952, Trust.’’ Indeed, we pray, may God bless Chair recognizes the gentleman from when President Harry Truman made America. Florida (Mr. JOLLY) for 5 minutes. the annual National Day of Prayer a f Mr. JOLLY. Mr. Speaker, I rise today permanent fixture, to this upcoming to honor a great American hero, a Thursday, when we will celebrate the NEED ACTION IN THE SENATE quiet legend in the special operations 63rd annual National Day of Prayer in The SPEAKER pro tempore. The community and in military medicine, the Cannon Caucus Room right here on Chair recognizes the gentleman from Master Chief Petty Officer Gary ‘‘Doc’’ Capitol Hill, we have continued to turn Pennsylvania (Mr. THOMPSON) for 5 Welt. to prayer as a guiding compass as we minutes. Doc Welt passed away on April 8 due seek God’s guidance and wisdom and Mr. THOMPSON of Pennsylvania. to complications of ALS. He passed healing balm for our land. It is from Mr. Speaker, just a short while ago, away in Seminole, Florida, surrounded these historic underpinnings that our one of my colleagues talked about the by his family. He was only 55 years old. Nation has grown and thrived. plight of folks who are unemployed— He dedicated his life to service—service We stand here today on the shoulders individuals who are unemployed either to his country, to his family, to those of those Americans who have boldly short term or those chronically unem- in the ALS community, and service to fought for our rights to be able to as- ployed. He actually failed to mention his brotherhood of special operators. semble, to be able to speak out, and to those who are underemployed in this He joined the Navy in 1976, becoming be able to worship freely. One of our Nation. It is an issue that needs to be a Navy SEAL in 1980, proudly serving great opportunities as Americans is to addressed. on SEAL Teams 2, 4, and 8. He also be able to come together and say we I am actually proud to be a part of served instructor tours at the John F. want to be able to ask God for his solutions that have passed out of the Kennedy Special Warfare Center and blessings and his help upon our Nation House of Representatives but sit in the the Naval Special Warfare Center. so we indeed can be one Nation under Senate, waiting for Senator REID to After retiring in 2006 as a USSOCOM God, as we say in our Pledge of Alle- take the leadership to bring those senior enlisted medical adviser, Doc giance, and also a Nation that honors House-passed jobs bills to the Senate continued to serve as a contract spe- our national motto, which is not ‘‘e floor for action—bills that would pro- cialist, conducting counterterrorism pluribus unum,’’ as some have mistak- vide some immediate opportunities for and counter-piracy operations until enly thought, but which is, ‘‘In God We individuals who are unemployed. 2012. Trust.’’ More than anything else, what folks Doc is survived by his loving wife of In fact, for all Members of Congress who are unemployed need is a job—a 17 years, Brenda Ann Thompson Welt; that would like, we have plaques being good-paying job with family-sustaining his son, Robert; his daughters, Crystal made and distributed that say, ‘‘In God wages. Lynn Elliott and Sabrina Audell We Trust,’’ just to reaffirm our na- Mr. Speaker, the House has passed Ranford; his brothers, Robert Welt and tional motto. bill after bill to help working middle Donald Wolford; as well as his four That is why I have joined with my class Americans get the skills they grandchildren, Lillian, Meadow, Andon, friend and cochairman of the Congres- need, the jobs they desire, and ade- and Michael. sional Prayer Caucus, Congressman quate pay to provide for their families. Mr. Speaker, two communities gath- RANDY FORBES of Virginia, to intro- In the Senate, yet another day has ered at MacDill Air Force Base last duce a bipartisan resolution, H. Res. passed when Leader REID has chose to week. One was the community of 547. I hope all of our Members listening deny consideration of these common- Pinellas County and the Tampa Bay today will join us in supporting the Na- sense bills and chose to deny the relief area, who knew and loved Doc. The sec- tional Day of Prayer and urging all that would come for those who are un- ond community was the special oper- Americans to come together to pray employed. ations community, who loved Doc. It and reaffirm the importance that pray- The House has acted on more than was a fitting tribute to a great man. er has played in our national heritage. one occasion to advance completion of Today, we honor his life, his legacy, We hear so much today about par- the longstanding Keystone XL pipeline. and his service. We pledge and commit tisanship and bickering and asking This decision has again been delayed to carry on the fight that Doc fought why don’t people get along. The one by the Obama administration.

VerDate Mar 15 2010 01:39 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.003 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE H3248 CONGRESSIONAL RECORD — HOUSE April 29, 2014 The House recently passed the Save half a century. Even when those laws us to come together and be united to American Workers Act, which would changed, like with the 1964 Civil Rights lift the boats of all Americans. restore hourly wages cut by Act, minds and hearts did not change. f ObamaCare’s 30-hour workweek rule. And so the inequities followed people This bill remains stalled in the Sen- of color: language minorities, like His- b 1030 ate’s legislative graveyard. panics, and African Americans in par- TRIBUTE TO A PATRIOT The House has passed bipartisan leg- ticular. islation that would renew the Federal I have a document that reflects that The SPEAKER pro tempore. The Government’s commitment to actively inequity right in the city of Houston Chair recognizes the gentleman from and adequately manage our Federal and the district that I represent. Virginia (Mr. RIGELL) for 5 minutes. forests. Where we have well-managed Yesterday, we came out with the Mr. RIGELL. Mr. Speaker, I rise Federal forests that are managed in a Children at Risk research on the level today to pay tribute, to honor, to re- healthy way, we have healthy rural of high schools that were not func- member, and to celebrate the life of an economic communities where we grow tioning. They list North Forest High outstanding American patriot whom I jobs. Today, that bill is gathering dust School, Madison High School, Jones greatly admired, Marine General Carl on the Senate Leader’s desk, awaiting High School, Wheatley High School, E. Mundy, Jr. action. Sterling High School, Kashmere High It is not often, I would think, that a Mr. Speaker, we were elected to solve School, and Worthing High School at former sergeant in the Marine Corps problems. It is about time we got about the bottom of the list. Why? They are Reserves becomes friends with a Four- the people’s business. Hardworking all in inner city areas. The investment Star General and a former Com- Americans deserve as much. in people is not there. mandant of the Marine Corps, but such was my good fortune. f And so this wealth inequality is not about someone who wants to get a I met General Mundy—he served as INEQUALITIES handout; it is to reflect what is hap- our 30th Commandant of the Marine The SPEAKER pro tempore. The pening. Corps—through my father, Ike. They Chair recognizes the gentlewoman from The highest unemployment is among lived in the same retirement commu- Texas (Ms. JACKSON LEE) for 5 minutes. Latinos and African Americans, which nity in Florida and shared the special Ms. JACKSON LEE. Mr. Speaker, are the red and purple bars. Because of bond that binds one generation of when I think of most Americans, I the barriers to access to credit, the American marines to the next. know that one of the major compo- lowest number of business ownership in It is a connection that transcends nents of our work ethic is that we be- this country is with African Ameri- grade and rank, officer and enlisted, lieve in working hard. We are not cans. It has the lowest number of busi- and that my father fought in the battle standing in line for government sub- ness owners. When we faced the reces- for Iwo Jima, which is a sacred mem- sidies or handouts. We simply want to sion and mortgage collapse, the highest ory for all marines, made their friend- be able to have an opportunity. number of bankruptcy filings were ship and their mutual respect that Last evening, I was on the floor among Latinos and African Americans. much deeper. speaking of the unfortunate cir- No, they are not looking for a hand- It was at my dad’s encouragement cumstances of this past week, such as out. We are looking for policies that in that I reached out to General Mundy the mischaracterization of what af- fact will invest in education and make when I sought this office. When I met firmative action really means, which is sure that when we invest in people, we him, he was 73 years old, yet he exuded, an opportunity for all of our students overcome the barriers that deal with without effort and without pretense, to go to institutions of higher learning race and racism. the dignity and the military bearing with a diverse student body that em- When we lost all of the home equity, that we would expect of a Marine Com- bodies and reflects America, respond- which was one of the greatest assets of mandant. ing to the decrease in numbers of Afri- African Americans, the decline in It was his humble spirit, however, can Americans since the dismantling of home equity and ownership fell upon that I truly found myself pondering affirmative action at schools like the many of us in a high number, from and admiring long after our meetings University of Michigan, Berkeley, and Asians to Whites to Latinos and Afri- and conversations had ended. Though others. can Americans. And when I say this, I the general always encouraged me to We then follow that decision with un- speak of those who are White and call him Carl, I never could. He was al- timely and unfortunate comments, equally face obstacles. ways, of course, General Mundy. first by an owner of a national basket- Many know that one of the major Always a leader, the general encour- ball team. It baffles me when the owner movements of Senator Robert F. Ken- aged me in this effort to, again, serve indicates that he does not want to see nedy was his visit to Appalachia and my country, not in uniform, but Black people at his stadium. It amazes other places. through public service; and I suspect he me because if he looks out onto the So my question to my colleagues lent his good name and reputation to playing floor, he might see a lot of today is how we can come together to help me more out of respect for my dad them. We find that sports is something look at a way of empowering those im- than for me. that brings us all together, from all poverished and making sure that the Of the many endorsements I was so walks of life. educational system, regardless of your fortunate to receive, the general’s Then we have an individual that rep- level of income, has the ability to treat meant the most. I believe all who fa- resents himself as one of the true tradi- you equally so that the school that you vored me with their endorsement—and tions of America, a rancher—and much attend every day—your parents pay I think especially those who served in of that is done in Texas—who wants to taxes and send you there—is not giving our United States military—will under- suggest that African Americans would you the bottom rank in opportunity stand why the Commandant’s endorse- be better off picking cotton and having and that your family is not in the cat- ment was particularly meaningful. gardens and chickens. egory with no assets or retirement, no Not long after General Mundy lost The reason I raise these issues today ability to help you go to college. High- his wife of 56 years, Linda Sloan is because we have parts of our society est number, 62 percent for African Mundy, the general was diagnosed with that reflect those injustices. We have Americans; Latinos, 69 percent, which cancer. My parents passed him in the parts of society that ignore the ills is partly due to the fact that many neighborhood 1 day when he was still that befall those who are more impov- Latinos live in a ‘‘shadow society,’’ well enough to take his afternoon erished than others. many of them because we have not walks. Many people don’t realize that even passed comprehensive immigration re- Dad shared with me the account of though slavery ended in the 1800s, the form. how, when the general saw my parents 20th century found itself with individ- So, Mr. Speaker, rather than to ac- coming and he recognized my father, uals or segments of the population cuse individuals and call people names he stopped, he came to full attention, being treated unequally for more than and use racist categories, it is time for and offered a respectful hand salute to

VerDate Mar 15 2010 01:39 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.005 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE April 29, 2014 CONGRESSIONAL RECORD — HOUSE H3249 my dad who, again, was a World War II It would be good policy too. That is So if there is a rule set made by an marine sergeant—a nice, crisp hand sa- because autism imposes tremendous agency, we can all believe in it. We all lute. costs on families, many of which are know it has been properly looked at. It Now, this is the spirit of the man and shared by the schools their children at- wasn’t produced by a small silo of very the marine, the humble warrior that I tend and the many medical and devel- smart elitists who may be ideologically knew and so deeply respected. It is opmental specialists involved in their set one way or another; but the data, good to see the young people in the care. the information that creates the rules House today. As I reflect upon General Studies have found that it can cost that we all live under, belongs to all of Mundy’s life and his service, I am re- parents up to $21,000 a year to care for us. minded that we are a free people be- a child with autism, more than it re- So how would you feel if you pull up cause good men and women have will- quires for one without. Children with a piece of paper and on that piece of ingly set aside differences to fight for autism have annual medical expendi- paper is an article about a speech that that, which binds us together as fellow tures that exceed those without autism Administrator McCarthy gave on Mon- Americans. by up to $6,000 a year. day morning? And I do hope she is mis- General Mundy inspired many of us The average medical cost for Med- quoted because we have treated her to serve, including his two sons, Briga- icaid-enrolled children with autism are very kindly from the Science Com- dier General Carl Mundy III and Colo- about six times higher than for chil- mittee and my subcommittee. nel Timothy Mundy, both of whom are dren without autism. In addition to But if I came to you and read a line on Active Duty as United States Ma- medical costs, intensive behavioral that McCarthy told the audience, on rines. interventions for children with autism Monday morning, that she intends to So I join my fellow marines espe- can cost $40,000 to $60,000 per child, per go after a—one more time—go after a cially, including my father, Ike, and year. small but vocal group of critics, in grateful Americans across our country, There are several steps that Congress light of what the IRS has done, doesn’t in expressing heartfelt condolences to can take right now to help ease these that send chills down someone’s back the Mundy family. burdens for families. The House should when you hear that an agency intends It is with eternal gratitude and re- pass H.R. 647, the Achieving a Better to go after its critics? spect that I will offer a final hand sa- Life Experience, or ABLE, Act, which And then there is this arrogance that lute in tribute and in memory to the is legislation I have cosponsored, to was, I hope, misquoted that only quali- 30th Commandant of the United States allow for the creation of tax-exempt fied scientists should be allowed to see, Marine Corps, an American patriot savings accounts for individuals with real scientists. whom I was so fortunate to count as disabilities. So you are telling me that a grad my friend. Congress also must reauthorize the student or a leftwing group or a con- General Carl E. Mundy, Jr., United Combating Autism Act, which expires servative group or just someone that in September. This vital legislation States Marine Corps, mission accom- has an interest in data shouldn’t be al- provides Federal support for critical plished, sir. lowed to see the datasets that are mak- Semper fidelis. autism research, services, and treat- ing public policy that literally cost ment. f trillions of dollars? Mr. Speaker, I have often said that The concept of having a government RECOGNIZING NATIONAL AUTISM autism is the polio of our time, and to- that runs substantially on secret infor- AWARENESS MONTH gether, as a Nation, we can beat this mation is outrageous. So that is why I The SPEAKER pro tempore. The challenging disease. Chair recognizes the gentleman from Families struggling with autism face am trying to push forward on a bill— and maybe the title of the bill is a lit- Indiana (Mr. MESSER) for 5 minutes. challenges that many of us can’t imag- Mr. MESSER. Mr. Speaker, I rise ine. They neither need nor want our tle inflammatory. It is called the Se- today to honor National Autism pity, but they deserve our help. cret Science bill, a very simple concept Awareness Month. National Autism Awareness Month, that you make public policy with pub- Modern science has helped control or which ends tomorrow, should serve as a lic data and that public data that we eliminate many once deadly and debili- call to action for us to address the ur- all have the right to vet and look at. tating diseases and conditions, but our gent and long-term needs of people af- Look, the vast majority of Ameri- understanding of autism remains an fected by autism and, hopefully, one cans will never look at it, but unsolved puzzle. day, piece together the autism puzzle, shouldn’t you have the right to access More children than ever are being di- so as few children as possible are im- it? agnosed with communication and be- pacted by this disorder. Then there is this outlier that the agency is using that is complete obfus- havioral disorders that lead to a diag- f nosis of autism. Autism now affects cation of the truth: well, there is per- one in every 68 children, according to THE SECRET SCIENCE BILL sonal data out there, and we don’t the CDC. My nephew Trey is one of The SPEAKER pro tempore. The know how to protect it. them. Chair recognizes the gentleman from Every single day, whether it be the I have seen firsthand how autism Arizona (Mr. SCHWEIKERT) for 5 min- Census Bureau, the CFPB, the Com- strains families, stretches their re- utes. merce Department, they collect per- sources, and makes life more chal- Mr. SCHWEIKERT. Mr. Speaker, last sonal data. There are standards out lenging in many ways. I have also seen evening, I had a couple of articles sit- there where you blind data. As a mat- the amazing joy that an autistic child ting on my desk and had the oppor- ter of fact, there are actually protocols can bring to a family. Trey has sure tunity to read through them. I was for the protocols on blinding data that brought a lot of joy to ours. somewhat—what’s the term—oh, yeah, we all get to use. It is done every single Families with autistic children do outraged at some of the comments in day. everything they can to help their kids there, so that is the reason I am stand- Somehow, the EPA doesn’t want to maximize their God-given abilities, ing here on the floor today. have that conversation because, some- whatever they choose to be; but it is I want to walk through a concept and how, they don’t want you, the Amer- not always easy, especially in a world then try to ferret out why is the agen- ican public, and the academic commu- where many don’t understand the cy so terrified of this concept, some- nity of all ideological stints to have unique challenges that autism pre- thing very simple. If you are going to the right to access it. sents. make public policy, shouldn’t it be Mr. Speaker, Administrator McCar- Helping these families better navi- based on data that is available to the thy was quoted as saying: gate this treacherous world would public? You just can’t claim the science isn’t real make a huge difference for my brother That public data, properly vetted, is when it doesn’t align with your politics. and his family and millions like them, used to make public policy, sort of this She is absolutely right. I am not ask- but doing so would be much more than concept of almost the crowdsourcing of ing for ideological data. I am just ask- just helpful to those families. information. ing for data to belong to the public and

VerDate Mar 15 2010 01:39 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.006 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE H3250 CONGRESSIONAL RECORD — HOUSE April 29, 2014 so everyone has the opportunity to Mr. MCNERNEY led the Pledge of Al- and recovery operations. We are deeply study it and understand it. legiance as follows: grateful for your service. Who knows, maybe that studying of I pledge allegiance to the Flag of the I know my sorrow and grief for the that data will find better ways, smart- United States of America, and to the Repub- devastation and loss of life is shared by er ways, more efficient ways to protect lic for which it stands, one nation under God, all Arkansans and all Americans. We the environment, more rational ways; indivisible, with liberty and justice for all. have a long road ahead of us, but Ar- but we will never know until the EPA f kansans are a tough, hardworking peo- finally steps up and makes that data WELCOMING REVEREND BENNY ple, and together we will come out available to every American. TATE stronger. f f The SPEAKER. Without objection, RECESS the gentleman from Georgia (Mr. CONGRATULATIONS TO THE HARD- BROUN) is recognized for 1 minute. WORKING SHIPYARD WORKERS The SPEAKER pro tempore. Pursu- There was no objection. IN GROTON, CONNECTICUT, AND ant to clause 12(a) of rule I, the Chair Mr. BROUN of Georgia. Mr. Speaker, NEWPORT NEWS, VIRGINIA declares the House in recess until noon I rise today to recognize Pastor Benny today. (Mr. COURTNEY asked and was Tate, the senior pastor of Rock Springs Accordingly (at 10 o’clock and 43 given permission to address the House Church in Milner, Georgia. Under the minutes a.m.), the House stood in re- for 1 minute and to revise and extend leadership of Dr. Tate, Rock Springs cess. his remarks.) Church grew from just 60 members to Mr. COURTNEY. Mr. Speaker, last f its current congregation of over 6,000. evening the U.S. Navy and two ship- b 1200 Dr. Tate began numerous ministries yards, the electric boat shipyard in at Rock Springs Church, including the Groton, Connecticut, and Huntington AFTER RECESS Rock Springs medical clinic to care for Ingalls shipyard in Newport News, Vir- The recess having expired, the House those who cannot afford medical insur- ginia, entered into an $18 billion con- was called to order by the Speaker at ance; The Potter’s House, which min- tract to build 10 submarines over the noon. isters to women battling drug and alco- next 5 years. hol abuse; Rock Springs Christian This event did not happen by itself. f Academy, offering quality education to It was the result of exhaustive national PRAYER kids K–12; and the Impact Street Min- security reviews that started under Reverend Dr. Benny Tate, Rock istries, which helps the homeless by Secretary Gates, continued with the Springs Church, Milner, Georgia, of- serving meals and providing clothing Nuclear Posture Review, and continued fered the following prayer: and housing to those in need. with the Quadrennial Defense Review. Our Heavenly Father, we bow our James 1:27 says: In every instance, the findings were heads in Your presence. The Bible Religion that God our Father accepts as that we needed to bolster our undersea teaches us, ‘‘Behold how good and how pure and faultless is this, to look after or- fleet, which has declined from 100 ships phans and widows in their distress and to pleasant it is for brethren to dwell to- at the end of the cold war to 53 today. keep oneself from being polluted by the With rising maritime challenges in gether in unity, because a House di- world. vided will not stand.’’ the Asia Pacific, with the decision by Dr. Tate’s work is a shining example May Your servants in this body not Vladimir Putin to recapitalize his mili- of what Scripture tells us the role of look to parties, personalities, pref- tary to the tune of $700 billion, we the church should be: to care for the erences, or press, but may they focus must bolster our undersea fleet, which poor, the fatherless, and widows. on principles and people. Let no per- is the one area where the United States Mr. Speaker, I ask my colleagues to sonal ambition blind them to their re- still has undisputed domination of that join me in honoring Dr. Benny Tate, sponsibilities and accountability. domain. pastor of Rock Springs Church, for his God, we call our Representatives I want to congratulate the shipyard 25 years of outstanding leadership and politicians, but You call them min- workers who have shown the Virginia service to his community. isters. May all the Members of this class program is ahead of schedule and body make full proof of their ministry. f under budget, whether it was the USS California, the Hawaii, or, most re- I ask for Your guidance on their deci- ANNOUNCEMENT BY THE SPEAKER cently, the North Dakota. Again, they sions and grace on their families. PRO TEMPORE have set, in my opinion, an example for I pray the Members of this body will The SPEAKER pro tempore (Mr. seek Thy will and ways and have the Navy shipbuilding across the board and FLEISCHMANN). The Chair will entertain spiritual courage and grace to follow commercial shipbuilding, which the up to 15 further requests for 1-minute U.S. has got to step up its game and be- it. Lift them above the claims of poli- speeches on each side of the aisle. tics unto the dimension of a higher come part of. calling and mission. f Again, congratulations to the hard- working shipyard workers in Groton We pray this prayer, respecting all ARKANSAS’ STORM RECOVERY faiths, but pray it in the name of our and Newport News, Virginia. (Mr. COTTON asked and was given f Lord and Savior Jesus Christ. permission to address the House for 1 Amen. minute and to revise and extend his re- GET SERIOUS ABOUT REDUCING f marks.) THE REGULATORY OVERBURDEN Mr. COTTON. Mr. Speaker, today, I UPON THE AMERICAN PEOPLE THE JOURNAL ask the Members of this House and all (Mr. STEWART asked and was given The SPEAKER. The Chair has exam- Americans to lift up Arkansas in their permission to address the House for 1 ined the Journal of the last day’s pro- prayers as we recover from the storms minute and to revise and extend his re- ceedings and announces to the House that devastated much of central Ar- marks.) his approval thereof. kansas on Sunday evening. Fifteen peo- Mr. STEWART. Mr. Speaker, Federal Pursuant to clause 1, rule I, the Jour- ple lost their lives in these storms, and agencies in Washington, D.C., are set- nal stands approved. many more saw their homes and neigh- ting new records. Unfortunately, these f borhoods destroyed. The communities are not records that they should be of Mayflower and Vilonia, vibrant, proud of. In 2013, the Federal Register PLEDGE OF ALLEGIANCE thriving towns, were particularly hard- contained nearly 80,000 pages of new The SPEAKER. Will the gentleman hit. rules and regulations imposed on from California (Mr. MCNERNEY) come I want to thank the first responders American businesses. We know that forward and lead the House in the and all those on the ground in Arkan- the result of this is that it stifles jobs, Pledge of Allegiance. sas who continue to assist with rescue it slows economic growth, and it hurts

VerDate Mar 15 2010 01:39 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.007 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE April 29, 2014 CONGRESSIONAL RECORD — HOUSE H3251 opportunities for hardworking Ameri- one of the major contributing factors middle school students gained hands-on cans. to eating disorders. science and engineering experience in Before coming to Congress, I was a The Truth in Advertising Act does designing, building, and racing their small business owner. I saw firsthand not impose new regulations, but simply model car. the devastating effect of these regula- asks the Federal Trade Commission to As Montana’s Representative and a tions on job creation and growth. This work with stakeholders to investigate chemical engineer from Montana State administration will be remembered for how to confront this important public University, I am incredibly proud Mon- one thing, and that is ObamaCare, health issue while ensuring that free- tana students like Madi, Sam, Tyler, which I think is the worst law written dom of speech is protected. Julianne, and Alex are leading the way in the history of the universe. But it Mr. Speaker, I encourage my col- in science and technology. will also be recognized for another, and leagues to cosponsor this bill so that Congratulations again to the Will that is Dodd-Frank, which runs a close we can find the best way to stop the de- James Middle School Science Bowl second. Both of these are emblematic structive impact of photoshopping on team. eating disorders. of this philosophy of bigger govern- f ment, a more powerful government, a f BLACK APRIL less effective government. NATIONAL DAYS OF REMEM- Now is the time to get serious about BRANCE AND COMMEMORATION (Mr. LOWENTHAL asked and was reducing the regulatory overburden OF THE HOLOCAUST given permission to address the House upon the American people. (Mr. HIGGINS asked and was given for 1 minute and to revise and extend f permission to address the House for 1 his remarks.) RECOGNIZING THE 1ST SQUAD, 2ND minute.) Mr. LOWENTHAL. Mr. Speaker, to- PLATOON, HOTEL COMPANY OF Mr. HIGGINS. Mr. Speaker, this morrow we commemorate the 39th an- THE 26TH MARINE REGIMENT week of April 27 is our national Days of niversary of the fall of Saigon and the Remembrance and commemoration of collapse of the Republic of Vietnam. (Mr. HINOJOSA asked and was given the Holocaust. In communities across This is known in my community as permission to address the House for 1 the country, we set aside this time to Black April. minute.) stand in solemn solidarity with mil- It has been my honor to join with the Mr. HINOJOSA. Mr. Speaker, I rise lions of Jews worldwide to pledge never Vietnamese American community of today to recognize the 1st Squad, 2nd again to allow such evil to exist. Little Saigon, which is in my district, Platoon, Hotel Company of the 26th In Israel, on Holocaust Remembrance to remember this important event. Marine regiment. It is with great honor Day a siren sounds for 2 minutes. Ev- Thirty-nine years ago, millions of Viet- that we commemorate these brave ma- erybody stops what they are doing and namese were forced to leave their rines who risked their lives for our Na- stands silently in a powerful living me- homeland in search of freedom. Many tion. morial to those who were lost and a of them found their way to the United On May 29, 1967, at the end of Oper- symbol rejecting the worst evil the States, where today they comprise a ation Hickory and the beginning of Op- world has ever known. strong, vibrant community that has eration Prairie IV, the 1st Squad, As survivors perish each year, it be- given invaluable contributions to our under the command of Sergeant Thom- comes more important to internalize Nation. as Gonzalez, recovered a spent Russian the lessons of the Holocaust and recall This week we remember the brave SA–2 missile inside the demilitarized the 6 million Jews and other innocent sacrifices of so many in the cause of zone of South Vietnam on a reconnais- victims who perished in the great freedom, who fought tirelessly to en- sance control. The command-and-con- shame of the 20th century. able their children to live a better and trol mechanism of the missile was then In western New York we are proud brighter life. Today, we must ensure transported to Washington, D.C., for that one of our own, Supreme Court that their sacrifices were not in vain analysis. The intelligence derived gave Justice Robert H. Jackson, was the by continuing the fight for democracy the U.S. a military advantage, chang- chief prosecutor for the United States and human rights in Vietnam. ing the strategy and saving many, at the Nuremberg trials of Nazi war f many lives. criminals. His actions helped to inspire Today, I want to read the names of a deep commitment from our commu- b 1215 all these brave marines: U.S. Marine nity to preserve and honor the story of EARTH DAY Thomas Gonzalez; Anthony Astuccio; the Holocaust for future generations. Mike McCombes; Richard Light; Thom- (Ms. FOXX asked and was given per- f as Lehner; Ronald Blaine; Gerald mission to address the House for 1 Eggers; Albino Martinez; Lloyd Parker, CONGRATULATIONS TO THE WILL minute.) Jr.; Charles Melton; Hector L.R. Rodri- JAMES MIDDLE SCHOOL SCIENCE Ms. FOXX. Mr. Speaker, last week guez; and one U.S. Navy corpsman, Mel BOWL TEAM was the 44th Earth Day. Since the ini- Overmeyer. (Mr. DAINES asked and was given tial Earth Day in 1970, tremendous f permission to address the House for 1 progress has been made on cleaning our minute and to revise and extend his re- water, cleaning our air, reducing pollu- TRUTH IN ADVERTISING ACT marks.) tion, and preserving the natural beauty (Ms. ROS-LEHTINEN asked and was Mr. DAINES. Mr. Speaker, today I of this great Nation. given permission to address the House am very proud to congratulate stu- It is my privilege to represent one of for 1 minute and to revise and extend dents from Will James Middle School the most beautiful places on the plan- her remarks.) in Billings, Montana, the town where et. North Carolina’s High Country and Ms. ROS-LEHTINEN. Mr. Speaker, Mom and Dad grew up and my grandma the Blue Ridge Mountains are majestic. along with my colleagues LOIS CAPPS still lives today, for winning the best In the highlands you will find the near- and TED DEUTCH, I introduced the car design at the National Science ly 6,000-foot high Grandfather Moun- Truth in Advertising Act, a bill that Bowl Middle School Electric Car Com- tain, one of the tallest peaks in the could help reduce the negative health petition. Blue Ridge Mountains. The scenic Blue impact of photoshopped images in ad- This weekend, five young Montana Ridge Parkway passes by the south vertising. students traveled to the National side of Grandfather Mountain. Photoshopped ads can promote unre- Science Bowl in Washington, D.C., to I feel it is my duty to help protect alistic expectations of the human body, compete against 47 other teams from these treasures, and I consider myself a leading to tragic emotional, mental, around the Nation. I speak for all Mon- conservationist. and physical health problems. Aca- tanans when I say that we are incred- It is unfortunate, though, that the demic evidence has already shown the ibly proud of their success. tremendous success of the environ- connection between very thin models Under the guidance of science teach- mental movement has led some self-ap- in advertising and body image issues, er Patrick Kenney, this team of five pointed environmentalists to resort to

VerDate Mar 15 2010 01:39 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.009 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE H3252 CONGRESSIONAL RECORD — HOUSE April 29, 2014 ever more extreme goals and behavior. ments to recognize the last week of DETECTING BREAST CANCER Maintaining a safe, clean, and beau- April as National Science Week. Get- EARLIER tiful natural world for ourselves, our ting kids excited about robotics, com- (Ms. HAHN asked and was given per- children, and grandchildren to enjoy is puters, and math can spur them to be- mission to address the House for 1 a goal we should all share. come our future leaders and minute and to revise and extend her re- f innovators. marks.) Ms. HAHN. Mr. Speaker, today, Afri- HONORING LANCE CORPORAL f SARA CASTROMATA can American women with breast can- cer are 40 percent more likely to die (Mr. MCNERNEY asked and was IMMIGRATION REFORM from the disease than White women. In given permission to address the House (Mr. VARGAS asked and was given my hometown of Los Angeles, African for 1 minute and to revise and extend permission to address the House for 1 American women are 70 percent more his remarks.) minute and to revise and extend his re- likely to die from breast cancer than Mr. MCNERNEY. Mr. Speaker, I ask marks.) White women. This is tragic and my colleagues to join me in honoring Mr. VARGAS. Mr. Speaker, yester- shameful. the life of Marine Lance Corporal Sara day, we returned from our district I have heard heartbreaking stories of Castromata. Lance Corporal work period, or spring recess, although women who were not able to access Castromata was tragically murdered in really what it was for most of us was screening until it was too late or who an incident on the Marine Base at the opportunity to be back during could not receive treatment because Quantico on March 21, 2013. An inves- Passover and the week leading up to they did not have health insurance. tigation by the military revealed that Easter. And for those of us like myself I have introduced a resolution here in there were lapses in security on the that love celebrating our faith, we go Congress to recognize this alarming base. to our synagogues and churches to hear disparity and to raise nationwide Lance Corporal Castromata joined more about the things we believe. awareness of this crisis in our health the Marines in 2011, after graduating This time, what I heard most from care system. My hope is that greater with honors from Liberty High School religious leaders was how we were let- awareness of this issue will help to be in Brentwood, California. A strong- ting down the teachings of the Holy the impetus for action and help im- minded individual, Ms. Castromata en- Scriptures by not doing what was com- prove the way we treat breast cancer listed in the U.S. Marines to serve our manded in Leviticus 19: for all women. great Nation. While in the Marines, she You shall treat the alien who resides with This is an issue of life and death, and earned the National Defense Service you no differently than the natives born we must do everything we can to en- Medal, the Global War on Terrorism among you. sure that every woman, regardless of Medal, and the Good Conduct Medal, Or, what we hear Jesus teaching in race, has access to the quality screen- all of which are a testament to her Matthew 25: ing and treatment she needs to fight honorable service. this awful disease. I appreciate the Marine Corps for in- For I was hungry and you gave me food, I was thirsty and you gave me drink, I was a The good news is that now, under the vestigating this crime and providing stranger and you welcomed me. Affordable Care Act, which my col- recommendations to prevent future leagues on the other side said was the criminal acts. While these are steps in Let’s heed what our religious leaders worst law ever written in the history of the right direction, we must do more to are pleading with us to do and pass man, lifesaving mammograms are cov- ensure that this type of event doesn’t comprehensive immigration reform. ered for women in this country, allow- happen again. f I ask my colleagues to join me in ing them to detect breast cancer early. honoring the memory of Marine Lance f REFUNDABLE CHILD TAX CREDIT Corporal Sara Castromata and for addi- ELIGIBILITY VERIFICATION RE- ASIA-PACIFIC REGION PRIORITY tional base security. FORM ACT ACT f (Mr. MARCHANT asked and was (Ms. HANABUSA asked and was RECOGNIZING USA SCIENCE AND given permission to address the House given permission to address the House ENGINEERING FESTIVAL AND for 1 minute.) for 1 minute.) NATIONAL SCIENCE WEEK Mr. MARCHANT. Mr. Speaker, I rise Ms. HANABUSA. Mr. Speaker, I rise (Mr. HULTGREN asked and was today in support of the Refundable today in support of H.R. 4495, the Asia- given permission to address the House Child Tax Credit Eligibility Verifica- Pacific Region Priority Act. Intro- for 1 minute and to revise and extend tion Reform Act. duced by Congressman FORBES of Vir- his remarks.) This bill, authored by my friend and ginia and myself, this was filed last Mr. HULTGREN. Mr. Speaker, I rise colleague, Congressman SAM JOHNSON, night. today to recognize the USA Science cracks down on fraud. It requires tax- The timing of this bill is when the and Engineering Festival. payers who claim the additional child President left his last stop on the trip This past weekend, government, in- tax credit to provide a valid Social Se- to the pivot of the Asia Pacific. Also, dustry, and academia came together to curity number. This is just common this is the result of 5 months of hear- energize students and teachers through sense. ings, roundtables, and meetings that hands-on experiences to showcase the It has been well-documented that the Congressman FORBES and I conducted. opportunities of the future and the government loses billions of dollars This is truly a bipartisan effort in ways studying STEM subjects can be due to the rampant fraud of the addi- that it is in line with the President’s fun and rewarding for boys and girls. tional child tax credit. The IRS inspec- commitment to my part of the world. It wasn’t your traditional science tor general puts this fraud number at The pivot to Asia Pacific is not just for fair. The festival is a great model of an unbelievable $4.2 billion a year. security, but also for prosperity and how a diverse team can partner to- This fraud—and failure to fix the economic growth, along with what is gether to further the STEM fields that problem—is simply unacceptable. This very important: relationships. are home to the future careers of our is why my constituents in Texas de- The President has said that the 21st youth. Our next generation of techni- serve to know what is being done to ad- century will be defined by Asia Pa- cians, engineers, and scientists should dress this problem. cific—whether we live in cooperation be exposed to opportunities that they There is a clear solution. That solu- or in conflict. I believe it will be in co- don’t realize are within their grasp— tion is H.R. 556. operation. careers and jobs they hadn’t even con- I urge all of my colleagues to join me I ask my colleagues to support our sidered when imagining their futures. today in cosponsoring this bill to de- efforts on this truly bipartisan meas- I introduced a resolution last June liver a more responsible government to ure for the definition of the 21st cen- encouraging State and local govern- Texas and to American taxpayers. tury.

VerDate Mar 15 2010 01:39 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.011 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE April 29, 2014 CONGRESSIONAL RECORD — HOUSE H3253 LEGISLATIVE AGENDA ‘‘(c) SMITHSONIAN INSTITUTION.— the medals. As has often happened in ‘‘(1) IN GENERAL.—Following the award of the past with such medals, they will be (Ms. TITUS asked and was given per- the gold medal in honor of Dr. Martin Luther mission to address the House for 1 given to the Smithsonian Institution, King, Jr., and Coretta Scott King under sub- where they will be available for dis- minute.) section (a), the gold medal shall be given to Ms. TITUS. Mr. Speaker, extra, the Smithsonian Institution, where it shall play, research, or loan, as appropriate, extra, read all about it. The Repub- be available for display as appropriate and to sites significant to their honorees. licans have released their new agenda made available for research. Importantly, in the case of both for the spring. ‘‘(2) SENSE OF CONGRESS.—It is the sense of these medals, the sense of Congress is Well, let’s just take a look at what Congress that the Smithsonian Institution expressed that one place that would be shall make the gold medal received under very appropriate to display either or their legislative priorities are for the paragraph (1) available for display, particu- months ahead. both of these medals is at the new Na- larly at the National Museum of African tional Museum of African American Unemployment insurance extension? American History and Culture, or for loan as No. appropriate so that it may be displayed else- History and Culture, now under con- Equal pay for equal work for women? where, particularly at other appropriate lo- struction literally just down the street. No. cations associated with the lives of Dr. Mar- So, Mr. Speaker, this is a good bill. It Increase in the minimum wage? No. tin Luther King, Jr., and Coretta Scott is a bipartisan bill. I ask for its imme- Comprehensive immigration reform? King.’’. diate passage. No. SEC. 3. TECHNICAL CORRECTIONS TO AN ACT I reserve the balance of my time. THAT AUTHORIZES PRESENTATION Mr. AL GREEN of Texas. Mr. Speak- In short, their plan offers no invest- OF A CONGRESSIONAL GOLD MEDAL ment in infrastructure and education, COLLECTIVELY TO THE MONTFORD er, I yield myself such time as I may no attempt to create jobs, and no pro- POINT MARINES, UNITED STATES consume. MARINE CORPS. Mr. Speaker, I, too, rise in support of posal to help people achieve the Amer- Section 2 of Public Law 112–59 is amended ican Dream. H.R. 4488. I would like to thank my col- by adding at the end the following: league across the aisle for his support. They can claim to be like Thomas ‘‘(c) SMITHSONIAN INSTITUTION.— I would also like to thank the Honor- Jefferson, but this plan reflects noth- ‘‘(1) IN GENERAL.—Following the award of ing that I have ever read about Thomas the gold medal in honor of the Montford able JOHN LEWIS for being a sponsor of Jefferson. Point Marines, United States Marine Corps this legislation. So let’s honor and value hard work under subsection (a), the gold medal shall be This is important legislation, as it by setting a real agenda—a new agenda given to the Smithsonian Institution, where does embrace two Congressional Gold it shall be available for display as appro- that truly gives everyone a chance at Medals that have already been award- priate and made available for research. ed. the American Dream. ‘‘(2) SENSE OF CONGRESS.—It is the sense of As fate would have it, Mr. LEWIS was f Congress that the Smithsonian Institution shall make the gold medal received under the original sponsor of the bill award- ANNOUNCEMENT BY THE SPEAKER paragraph (1) available for display, particu- ing the Congressional Gold Medal to PRO TEMPORE larly at the National Museum of African Ms. Coretta Scott King and the Honor- able Dr. Martin Luther King. Both of The SPEAKER pro tempore. Pursu- American History and Culture, or for loan as appropriate so that it may be displayed else- them are honorable people. ant to clause 8 of rule XX, the Chair where, particularly at other appropriate lo- I would also say that Mr. LEWIS has will postpone further proceedings cations associated with the Montford Point been a champion for human rights and today on motions to suspend the rules Marines.’’. civil rights. It is very difficult to have on which a recorded vote or the yeas The SPEAKER pro tempore. Pursu- him in your presence and not acknowl- and nays are ordered, or on which the ant to the rule, the gentleman from edge all that he has done. vote incurs objection under clause 6 of New Jersey (Mr. GARRETT) and the gen- So, today, I am honored to support rule XX. tleman from Texas (Mr. AL GREEN) the Gold Medical Technical Correc- Record votes on postponed questions each will control 20 minutes. tions Act of 2014. will be taken later. The Chair recognizes the gentleman I am also honored to mention one f from New Jersey. other colleague, the Honorable CORRINE GENERAL LEAVE GOLD MEDAL TECHNICAL BROWN. She worked on the bill that ac- CORRECTIONS ACT OF 2014 Mr. GARRETT. Mr. Speaker, I ask corded a Congressional Gold Medal to unanimous consent that all Members the Montford Point Marines of the Mr. GARRETT. Mr. Speaker, I move may have 5 legislative days within United States Marine Corps. She was to suspend the rules and pass the bill which to revise and extend their re- an original sponsor of this legislation. (H.R. 4488) to make technical correc- marks and submit extraneous material b 1230 tions to two bills enabling the presen- for the RECORD on H.R. 4488, which is tation of congressional gold medals, currently under consideration. These two giants have brought us and for other purposes. The SPEAKER pro tempore. Is there this far. It will take this legislation to The Clerk read the title of the bill. objection to the request of the gen- take us the final steps along the way. The text of the bill is as follows: tleman from New Jersey? The legislation merely indicates H.R. 4488 There was no objection. where these Congressional Gold Medals Be it enacted by the Senate and House of Rep- Mr. GARRETT. Mr. Speaker, I yield may be displayed. It seems to do what resentatives of the United States of America in myself such time as I may consume. we could have done earlier, but we have Congress assembled, Mr. Speaker, I rise today in support found that it is not too late to do now. SECTION 1. SHORT TITLE. of H.R. 4488, the Gold Medal Technical Mr. Speaker, at this time, I am hon- This Act may be cited as the ‘‘Gold Medal Corrections Act of 2014, introduced by ored to yield such time as he may con- Technical Corrections Act of 2014’’. the gentleman from Georgia (Mr. sume to the gentleman from Georgia, SEC. 2. TECHNICAL CORRECTIONS TO AN ACT LEWIS) and Ms. BROWN of Florida. the Honorable JOHN LEWIS, our civil THAT AUTHORIZES PRESENTATION Mr. Speaker, this legislation seeks to rights icon right here in the United OF A CONGRESSIONAL GOLD MEDAL TO DR. MARTIN LUTHER KING, JR., make minor technical corrections to States House of Representatives. AND CORETTA SCOTT KING. allow the actual awarding of two Con- Mr. LEWIS. Mr. Speaker, I want to Section 2 of Public Law 108–368 is amend- gressional Gold Medals authorized in thank the gentleman from Texas for ed— previous Congresses. The first medal yielding, and I want to thank the gen- (1) in subsection (a)— was awarded to Martin Luther King, tleman from New Jersey for all of his (A) by striking all before ‘‘to present’’ and Jr., and Coretta Scott King. The other work on this legislation. inserting the following: ‘‘(a) PRESENTATION medal was awarded to the pioneering I would like to thank the chair and AUTHORIZED.—The Speaker of the House of Representatives and the President pro tem- Montford Point Marines of World War ranking member of the Financial Serv- pore of the Senate are authorized’’; and II. ices Committee and all of their staff (B) by striking ‘‘(posthumously)’’; and For different reasons, there are now for their strong support of the legisla- (2) by adding at the end the following: no statutorily designated recipients of tion.

VerDate Mar 15 2010 03:06 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.012 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE H3254 CONGRESSIONAL RECORD — HOUSE April 29, 2014 This bill is very simple. It simply en- public law, granting that Gold Medal. There The Clerk read the title of the bill. sures that these medals are displayed were 308 cosponsors on the bill and it passed The text of the bill is as follows: at the Smithsonian’s National Museum unanimously by a vote of 422–0. H.R. 627 of African American History and Cul- When I was first elected to Congress, I re- Be it enacted by the Senate and House of Rep- ture, which opens next year. quested to be a member of the Veterans Af- resentatives of the United States of America in In 2004, Congress passed bipartisan fairs Committee. And today, as the second Congress assembled, legislation to grant the Congressional most senior Democrat on the Committee, I be- SECTION 1. SHORT TITLE. Gold Medal to Dr. Martin Luther King, This Act may be cited as the ‘‘National lieve it is my duty to continue to do everything Park Service 100th Anniversary Commemo- Jr., and Mrs. Coretta Scott King. I in- I can to assist the members of our armed rative Coin Act’’. troduced the House bill, and my good forces. SEC. 2. FINDINGS. friend, Senator CARL LEVIN, sponsored So for me, it was more than an honor to The Congress finds the following: the Senate companion. sponsor a Resolution to recognize the service (1) In 1916, Congress established the Na- The legislation passed in the House and sacrifice of the Montford Point Marines, tional Park Service as a bureau within the and Senate by voice vote. Unfortu- and acknowledge today’s United States Ma- Department of the Interior to administer nately, a couple of years later, my good rine Corps as an excellent opportunity for the America’s great national parks and monu- friend, Coretta Scott King, passed ments as a unified National Park System. advancement of people of all races, which in (2) From 1916 to the present, the National away. She was a beautiful and strong large part is due to the service and example Park System has grown from 37 park units spirit and, like her husband, a national of the original Montford Point Marines. with 6,000,000 acres of land in the western treasure. Years before Jackie Robinson, and decades United States to more than 395 units with They were heroes, breaking down before Rosa Parks and Martin Luther King, Jr., 84,000,000 acres of land in nearly all States barriers, opening doors, fighting injus- these heroes joined the Marines to defend our and territories. tice across our country, and building great nation. Fighting racism both at home (3) The responsibilities of the National bridges around the world. It is only fit- Park Service have grown to include— and in the armed forces, as well as enemies (A) managing national historic trails and ting that this congressional tribute is abroad, these men persevered and protected national scenic trails; on exhibit to the world in a permanent this nation when it mattered most. (B) administering wild and scenic rivers; national memorial. These African Americans from all States (C) recognizing America’s most significant Again, Mr. Speaker, I would like to were not sent to the traditional boot camps in historic resources through the National Reg- thank the bipartisan leadership and Parris Island, South Carolina and Sari Diego, ister of Historic Places and the National His- staff for all of their good and great California. Instead, African American Marines toric Landmark program; work in support of this commonsense were segregated, and went through basic (D) providing historic preservation grants; and legislation. training at Camp Montford Point near the New Mr. AL GREEN of Texas. Mr. Speak- (E) assisting communities in meeting their River in Jacksonville, North Carolina. preservation, conservation, and recreation er, I am so honored to be a part of this, We must honor these war heroes’ selfless needs. and I would thank, again, the Honor- service and sacrifice. They answered our na- (4) The National Park Service Organic Act able JOHN LEWIS for his efforts to not tion’s call at a time when our society was of 1916, which established the National Park only accord the Congressional Gold deeply divided along racial lines. Because of Service, remains the preeminent law guiding Medals to Dr. King and Mrs. King, but this, many of their contributions went unrecog- the management of parks and articulating also his efforts to make sure that they nized and many times they were not given the the Service’s core mission, ‘‘to conserve the scenery and the natural and historic objects are properly located, so that they can respect and recognition they deserved as Ma- be displayed properly. and the wild life therein and to provide for rines, as Americans, and as patriots. To cor- the enjoyment of the same in such manner I would also want to, again, reiterate rect this past injustice, we honor the Monford and by such means as will leave them the efforts of the Honorable CORRINE Point Marines, and this Gold Medal will forever unimpaired for the enjoyment of future gen- BROWN, with reference to the Montford anchor their role in the history of our nation’s erations’’. Point Marines of the United States Ma- great military. (5) The 100th anniversary of the National rine Corps. I believe this bill is one I am reminded of the words of the first Park Service in 2016 will be an occasion to that can be embraced by all of our col- President of the United States, George Wash- celebrate a century of American vision and leagues. achievement in identifying and preserving ington, whose words are worth repeating at our Nation’s special places for the benefit of Mr. Speaker, I yield back the balance this time: of my time. everyone and the culmination of 100 years of The willingness with which our young peo- accomplishment by the National Park Serv- Mr. GARRETT. Mr. Speaker, I yield ple are likely to serve in any war, no matter ice’s employees, partners, and volunteers. It myself such time as I may consume. how justified, shall be directly proportional will also mark the beginning of the organiza- At this point, we have no other as to how they perceive the veterans of ear- tion’s second century of service to the Amer- speakers. I, again, would just like to lier wars were treated and appreciated by ican people as environmental leaders and thank my colleagues on the other side their country. vigilant stewards of the Nation’s treasured of the aisle for joining us with the Thank you all for your service. places and stories. sponsoring of this legislation; Mr. The SPEAKER pro tempore. The (6) Coins commemorating the 100th anni- versary of the National Park Service will LEWIS, not only for legislation that is question is on the motion offered by bring national and international attention on the floor today, but for your his- the gentleman from New Jersey (Mr. to the National Park System and to the leg- toric work on behalf of civil rights GARRETT) that the House suspend the acy Congress left in 1916 when it established prior to coming to Congress as well. rules and pass the bill, H.R. 4488. a Federal agency to ensure the protection of Mr. Speaker, I yield back the balance The question was taken; and (two- our Nation’s most treasured natural and cul- of my time. thirds being in the affirmative) the tural resources for all time. Ms. BROWN of Florida. Mr. Speaker, I have rules were suspended and the bill was (7) The proceeds from a surcharge on the been an elected official for nearly 32 years, passed. sale of commemorative coins will assist the and one of the proudest moments I have ex- A motion to reconsider was laid on financing of the needs of the National Park Service’s parks and programs, helping to en- perienced in all my years was when this the table. sure that our Nation’s great natural and cul- House passed the bill to grant a Congres- f tural resources will endure for generations sional Gold Medal to the Montford Point Ma- to come. rines. When the bill granting the Gold Medal NATIONAL PARK SERVICE 100TH ANNIVERSARY COMMEMORATIVE SEC. 3. COIN SPECIFICATIONS. passed, all of the Members of Congress hon- (a) DENOMINATIONS.—The Secretary of the ored the Marines with a standing ovation for COIN ACT Treasury (hereafter in this Act referred to as their service, their bravery, and their dedica- Mr. GARRETT. Mr. Speaker, I move the ‘‘Secretary’’) shall mint and issue the tion to preserving freedom and democracy for to suspend the rules and pass the bill following coins: (H.R. 627) to provide for the issuance of (1) $5 GOLD COINS.—Not more than 100,000 $5 our nation and the world. coins, which shall— I was pleased to work with Marine Com- coins to commemorate the 100th anni- (A) weigh 8.359 grams; mandant General James F. Amos, who put his versary of the establishment of the Na- (B) have a diameter of 0.850 inches; and office and staff behind the Gold Medal and in tional Park Service, and for other pur- (C) contain 90 percent gold and 10 percent only 4 months, we went from introduction to poses, as amended. alloy.

VerDate Mar 15 2010 03:06 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.014 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE April 29, 2014 CONGRESSIONAL RECORD — HOUSE H3255 (2) $1 SILVER COINS.—Not more than 500,000 which are received by the Secretary from the 100th Anniversary Commemorative $1 coins, which shall— sale of coins issued under this Act shall be Coin Act, introduced by the gentleman (A) weigh 26.73 grams; promptly paid by the Secretary to the Na- from Minnesota (Mr. PAULSEN). (B) have a diameter of 1.500 inches; and tional Park Foundation for projects and pro- Mr. Speaker, this legislation seeks to (C) contain 90 percent silver and 10 percent grams that help preserve and protect re- authorize the minting and sale in 2016 copper. sources under the stewardship of the Na- of gold, silver, and clad commemora- (3) HALF DOLLAR CLAD COINS.—Not more tional Park Service and promote public en- than 750,000 half dollar coins, which shall— joyment and appreciation of those resources. tive coins marking the centenary of (A) weigh 11.34 grams; (2) PROHIBITION ON LAND ACQUISITION.—Sur- the forming of the National Park Serv- (B) have a diameter of 1.205 inches; and charges paid to the National Park Founda- ice, the great stewards of American (C) be minted to the specifications for half tion pursuant to paragraph (1) may not be history and the American landscape so dollar coins, contained in section 5112(b) of used for land acquisition. important to all of us. title 31, United States Code. (c) AUDITS.—The National Park Founda- The idea of federally recognizing and (b) LEGAL TENDER.—The coins minted tion shall be subject to the audit require- preserving certain sites began in the under this Act shall be legal tender, as pro- ments of section 5134(f)(2) of title 31, United late 19th century with the official es- vided in section 5103 of title 31, United States States Code, with regard to the amounts re- Code. ceived by the Foundation under subsection tablishment of a select group of na- (c) NUMISMATIC ITEMS.—For purposes of (b). tional parks, including Yellowstone, sections 5134 and 5136 of title 31, United (d) LIMITATIONS.—Notwithstanding sub- Sequoia National Park in California, States Code, all coins minted under this Act section (a), no surcharge may be included and Yosemite as well. shall be considered to be numismatic items. with respect to the issuance under this Act When Theodore Roosevelt became SEC. 4. DESIGN OF COINS. of any coin during a calendar year if, as of President in 1901, he continued this ef- (a) DESIGN REQUIREMENTS.— the time of such issuance, the issuance of fort, speaking out on the importance of (1) IN GENERAL.—The design of the coins such coin would result in the number of com- preserving the habitats of American minted under this Act shall be emblematic memorative coin programs issued during wildlife and signing the Antiquities of the 100th anniversary of the National Park such year to exceed the annual 2 commemo- Service. rative coin program issuance limitation Act of 1906. That act allowed the Presi- (2) DESIGNATION AND INSCRIPTIONS.—On under section 5112(m)(1) of title 31, United dent to ‘‘declare by public proclama- each coin minted under this Act there shall States Code (as in effect on the date of the tion historic landmarks, historic and be— enactment of this Act). The Secretary of the pre-historic structures, and other ob- (A) a designation of the face value of the Treasury may issue guidance to carry out jects of historic or scientific interest.’’ coin; this subsection. About a decade later, in 1916, the Na- (B) an inscription of the year ‘‘2016’’; and SEC. 8. FINANCIAL ASSURANCES. tional Park Service was created to (C) inscriptions of the words ‘‘Liberty’’, The Secretary shall take such actions as place all of the sites under the care of ‘‘In God We Trust’’, ‘‘United States of Amer- may be necessary to ensure that— a single independent agency. ica’’, and ‘‘E Pluribus Unum’’. (1) minting and issuing coins under this (b) SELECTION.—The design for the coins Fast forward to today, now, the Park Act will not result in any net cost to the Service manages nearly 400 sites total- minted under this Act shall be— United States Government; and (1) selected by the Secretary after con- (2) no funds, including applicable sur- ing 84 million acres. These parks cover sultation with— charges, shall be disbursed to any recipient all corners of our Nation, and almost (A) the National Park Service; designated in section 7 until the total cost of every American State and territory is (B) the National Park Foundation; and designing and issuing all of the coins author- home to at least one. (C) the Commission of Fine Arts; and ized by this Act (including labor, materials, People from around the globe now (2) reviewed by the Citizens Coinage Advi- dies, use of machinery, overhead expenses, are attracted to our national sites be- sory Committee. marketing, and shipping) is recovered by the SEC. 5. ISSUANCE OF COINS. cause of both their beauty and also United States Treasury, consistent with sec- their grandeur. Every year, our parks (a) QUALITY OF COINS.—Coins minted under tions 5112(m) and 5134(f) of title 31, United this Act shall be issued in uncirculated and States Code. hosts—note this—280 million visitors. proof qualities. The legislation before us today has SEC. 9. BUDGET COMPLIANCE. (b) PERIOD FOR ISSUANCE.—The Secretary 307 cosponsors, and a companion Sen- may issue coins minted under this Act only The budgetary effects of this Act, for the purpose of complying with the Statutory ate bill has 73. during the period beginning on January 1, The coins will be minted and sold at 2016, and ending on December 31, 2016. Pay-As-You-Go Act of 2010, shall be deter- mined by reference to the latest statement no cost to the taxpayer. No proceeds SEC. 6. SALE OF COINS. titled ‘‘Budgetary Effects of PAYGO Legisla- from the sale may be used to acquire (a) SALE PRICE.—The coins issued under this Act shall be sold by the Secretary at a tion’’ for this Act, submitted for printing in new lands. price equal to the sum of— the Congressional Record by the Chairman of So, Mr. Speaker, this is a good bill, (1) the face value of the coins; the Committee on the Budget of the House of honoring a great part of the Federal (2) the surcharge provided in section 7(a) Representatives, provided that such state- Government that maintains some of with respect to the coins; and ment has been submitted prior to the vote on the most spectacular parts of American passage. (3) the cost of designing and issuing the landscape and history, and I ask for its coins (including labor, materials, dies, use of The SPEAKER pro tempore. Pursu- immediate passage. machinery, overhead expenses, marketing, ant to the rule, the gentleman from Mr. Speaker, I reserve the balance of and shipping). New Jersey (Mr. GARRETT) and the gen- my time. (b) BULK SALES.—The Secretary shall tleman from Florida (Mr. MURPHY) make bulk sales of the coins issued under Mr. MURPHY of Florida. Mr. Speak- this Act at a reasonable discount. each will control 20 minutes. er, I yield myself such time as I may (c) PREPAID ORDERS.— The Chair recognizes the gentleman consume. (1) IN GENERAL.—The Secretary shall ac- from New Jersey. Mr. Speaker, this bill would author- cept prepaid orders for the coins minted GENERAL LEAVE ize the U.S. Mint to produce gold, sil- under this Act before the issuance of such Mr. GARRETT. Mr. Speaker, again, I ver, and clad coins for resale in 2016. coins. ask unanimous consent that all Mem- Proceeds from the sale of these coins (2) DISCOUNT.—Sale prices with respect to bers have 5 legislative days within will be used to help protect our na- prepaid orders under paragraph (1) shall be at a reasonable discount. which to revise and extend their re- tional parks, so that our country’s SEC. 7. SURCHARGES. marks, and also to submit extraneous great natural and cultural resources (a) IN GENERAL.—All sales of coins minted materials for the RECORD on this bill, will endure for generations to come. under this Act shall include a surcharge as H.R. 627, as amended, and currently This bill comes at no cost to taxpayers. follows: under consideration. National parks are not only crucial (1) A surcharge of $35 per coin for the $5 The SPEAKER pro tempore. Is there to preserve our natural, historic, and coin. objection to the request of the gen- cultural treasures, but they are also (2) A surcharge of $10 per coin for the $1 tleman from New Jersey? economic engines to job creators. They coin. There was no objection. generate tens of billions in revenue and (3) A surcharge of $5 per coin for the half dollar coin. Mr. GARRETT. Mr. Speaker, I yield support hundreds of thousands of jobs (b) DISTRIBUTION.— myself such time as I may consume. nationwide. (1) IN GENERAL.—Subject to section 5134(f) Mr. Speaker, I rise today in support This bill will help maintain and pro- of title 31, United States Code, all surcharges of H.R. 627, the National Park Service mote many beautiful and important

VerDate Mar 15 2010 03:06 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\A29AP7.017 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE H3256 CONGRESSIONAL RECORD — HOUSE April 29, 2014 parks in our country, such as Ever- area of the Everglades system have re- in just a few years, we will all come to- glades National Park, which is located sidual impacts throughout the entire gether to help celebrate the centennial, near the district I am proud to rep- water system of central and south the 100th birthday of the National Park resent. Florida and the Treasure Coast. Service. The Everglades region is a large, So while people who live along the To commemorate this occasion, we interconnected ecosystem that is glob- Florida Bay may not immediately see have got bipartisan, bicameral legisla- ally unique because of the hundreds of the benefits of the C–44 Indian River tion that will allow the Department of species and plants and animals that Lagoon project in my district—and the the Treasury to authorize the minting live there, such as the Florida panther same for residents of the Treasure of a series of commemorative coins: a and the West Indian manatee. Coast with the C–111 spreader canal— $5 coin, a silver dollar, and a clad half This rare ecosystem also faces excep- you cannot look at one piece of the dollar. There is no cost to the tax- tional problems due to rapid develop- system in a vacuum. It is intensively payer. ment and outdated infrastructure in interconnected. Over 300 authors in the House have the area. That is why I have been so passionate signed on to the bill, bipartisan sup- You may be wondering why someone on Everglades restoration issues, not port in the Senate; and all the proceeds from Florida’s Treasure Coast is con- only in my district, but throughout the from this commemorative coin pro- cerned with the Everglades. As my col- State and the watershed and why today gram go to the National Park Founda- leagues have surely heard me discuss, I stand in support of this bill that will tion, which is responsible for pre- there are serious problems facing Flor- help the Park Service continue its im- serving and protecting all these re- ida’s many waterways. portant work of preserving this and sources under the stewardship of the When there is heavy rainfall—also other critical habitats. National Park Service, and then pro- known as summer in Florida—the I urge my colleagues to support this moting the public enjoyment and Army Corps, following the Lake Okee- bill. recreation and appreciation for those chobee release schedule, releases water Mr. Speaker, I reserve the balance of resources. from Lake Okeechobee into the St. my time. Lucie River in the east and the Mr. GARRETT. Mr. Speaker, at this b 1245 Caloosahatchee River in the west. time, we are joined by the original So more than 278 million people These freshwater releases are heavy in sponsor of the legislation. I yield such enjoy national parks each and every nitrogen, phosphorus, and bacteria time as he may consume to the gen- year, including my wife and my family, that then plague our brackish water- tleman from Minnesota (Mr. PAULSEN). my four daughters. We frequently have ways. Mr. PAULSEN. Mr. Speaker, I thank the opportunity to visit and vacation Last summer, the St. Lucie River the gentleman for yielding, and I want in national parks. One of the very first contained such high levels of bacteria to thank him for his leadership, as well summer jobs that I had was working at that local officials posted public health as Chairman HENSARLING and all the Yellowstone, some of the best memo- warnings up and down the shore, and staff on the Financial Services Com- ries of my life. My brother was a park many residents reported infections re- mittee for bringing this legislation for- ranger for many years at Glacier Na- sulting from their interaction with the ward. tional Park. water. Toxic algae blooms were also I also want to mention my partner in So here we have a bill that com- found throughout the waterways. this effort, Congresswoman KAPTUR, memorates not only the anniversary of This pollution not only forces people for her efforts in promoting this legis- our Park Service but also makes sure to avoid contact with the water, which lation. is frequently the center of their liveli- we have got dedicated funds that will Mr. Speaker, President Teddy Roo- have no taxpayer cost, no taxpayer im- hood, but also is an extreme threat to sevelt said: the most biodiverse estuary in the pact in promoting these resources. There can be nothing in the world more Mr. Speaker, there is no doubt that country. beautiful than the Yosemite, the groves of our national parks are truly one of our Just like the broader Everglades sys- the giant sequoias and redwoods, the canyon tem, several species in the Indian River greatest natural resources and crowned of the Colorado, the canyon of the Yellow- jewels, and they deserve being cele- Lagoon are already being listed as stone, the three Tetons; and our people threatened or endangered, and these re- should see to it that they are preserved for brated and preserved so that future leases jeopardize these species even their children and their children’s children generations can enjoy that beauty and further. forever, with their majestic beauty all history in our country. So passing this My constituents stress to me that unmarred. bill is just one important step to help the health of our environment cannot His leadership and tireless advocacy us honor our country’s very important be separated from the health of our for conservation led to the creation of heritage. economy. In Florida’s 18th District, the the National Park Service and System Mr. MURPHY of Florida. Mr. Speak- health of the Everglades and our water- back in 1916. er, I would like to thank my colleagues ways is critical to economic strength. Today, the National Park Service and the gentleman from Minnesota and I will continue to advocate to even comprises over 401 different areas, cov- the gentleman from New Jersey for the the most conservative of my colleagues ering more than 84 million acres across spirited debate on the importance of that the economic impact of Ever- America, including territories like in America’s national parks, including glades restoration projects provides a 4 American Samoa, Guam, Puerto Rico, Florida’s incomparable ‘‘river of to 1 return on investment in both and the Virgin Islands. These areas in- grass,’’ the Everglades. short-term and long-term economic clude some of our most cherished I urge my colleagues to support this benefits. monuments, battlefields, lakeshores, legislation, and I yield back the bal- So important are these restoration recreation areas, pristine rivers, and ance of my time. efforts, the Florida delegation con- pristine falls. Mr. GARRETT. I yield back the bal- tinues to come together in a bipartisan Minnesota is host to five national ance of my time. manner in support of protecting our parks who are visited by more than The SPEAKER pro tempore. The environment and the economic role it 650,000 visitors each and every year, question is on the motion offered by plays in our great State of Florida. contributing $34 million to our local the gentleman from New Jersey (Mr. All members of our delegation under- economy. They span the entirety of the GARRETT) that the House suspend the stand that, for the entire system to State, from the beautiful Voyageurs rules and pass the bill, H.R. 627, as benefit and for the Federal Govern- National Park up on the Canadian bor- amended. ment to work most efficiently, we der, to the Mississippi River and Recre- The question was taken. must aggressively continue to push to ation Area, running through the heart The SPEAKER pro tempore. In the complete Everglades restoration of the Twin Cities. opinion of the Chair, two-thirds being projects that we have already started. Americans from all States, though, in the affirmative, the ayes have it. It is clear that water quality and and all backgrounds have enjoyed the Mr. MURPHY of Florida. Mr. Speak- management decisions that impact one opportunity to visit these sites. In 2016, er, on that I demand the yeas and nays.

VerDate Mar 15 2010 04:19 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.016 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE April 29, 2014 CONGRESSIONAL RECORD — HOUSE H3257 The yeas and nays were ordered. collateralized loan obligation, if the invest- of suddenly impermissible legacy The SPEAKER pro tempore. Pursu- ment manager or investment adviser fails to CLOs. Second, it narrows the Volcker ant to clause 8 of rule XX, further pro- cure or take reasonable steps to cure such ef- rule’s absurdly broad definition of an ceedings on this motion will be post- fect within a reasonable time; or ‘‘ownership interest’’ in a CLO. ‘‘(IV) a comparable event or circumstance poned. that threatens, or could reasonably be ex- Last month, the Financial Services f pected to threaten, the interests of holders Committee passed this bill on an over- whelmingly bipartisan basis, with all RESTORING PROVEN FINANCING of the debt securities.’’. but three members of the committee FOR AMERICAN EMPLOYERS ACT The SPEAKER pro tempore. Pursu- ant to the rule, the gentleman from voting in favor of it. The Independent Mr. GARRETT. Mr. Speaker, I move New Jersey (Mr. GARRETT) and the gen- Community Bankers of America and to suspend the rules and pass the bill tleman from Florida (Mr. MURPHY) the American Bankers Association (H.R. 4167) to amend section 13 of the each will control 20 minutes. have all voiced their support as well. Bank Holding Company Act of 1956, The Chair recognizes the gentleman I am sorry, though, that it has come known as the Volcker Rule, to exclude from New Jersey. to this. You know, time and time again certain debt securities of collateralized GENERAL LEAVE the committee has admonished the loan obligations from the prohibition banking regulators that the CLO provi- against acquiring or retaining an own- Mr. GARRETT. I ask unanimous con- sent that all Members have 5 legisla- sions of Volcker were a threat to the ership interest in a hedge fund or pri- economy and to the financial stability vate equity fund, as amended. tive days within which to revise and extend their remarks and submit extra- that they are supposed to be pro- The Clerk read the title of the bill. tecting. Time and again, however, the The text of the bill is as follows: neous materials to the RECORD on H.R. 4167, as amended, currently under con- unwieldy banking regulators chose to H.R. 4167 sideration. do nothing. If they had corrected this Be it enacted by the Senate and House of Rep- The SPEAKER pro tempore. Is there problem as we have been urging them resentatives of the United States of America in to do and which they could do, we Congress assembled, objection to the request of the gen- tleman from New Jersey? would not be here wasting valuable leg- SECTION 1. SHORT TITLE. islative time saving the CLO market This Act may be cited as the ‘‘Restoring There was no objection. Mr. GARRETT. Mr. Speaker, at this from our own public servants. Proven Financing for American Employers Now, some have suggested that the Act’’. point, I yield myself such time as I agencies don’t have the legal authority SEC. 2. RULES OF CONSTRUCTION RELATING TO may consume. COLLATERALIZED LOAN OBLIGA- Mr. Speaker, I rise today in support to fix the problems. It is interesting TIONS. of H.R. 4167, which is the Restoring that Federal agencies always seem to Section 13(g) of the Bank Holding Company Proven Financing for American Em- have plenty of authority when it comes Act of 1956 (12 U.S.C. 1851(g)) is amended by ployers Act. It was introduced by the to doing something, but when they adding at the end the following new para- need to fix something that they messed graphs: gentleman from Kentucky (Mr. BARR), who we will be hearing from shortly. up, well, suddenly they have no author- ‘‘(4) COLLATERALIZED LOAN OBLIGATIONS.— ity. ‘‘(A) INAPPLICABILITY TO CERTAIN And I would also like to thank my good COLLATERALIZED LOAN OBLIGATIONS.—Nothing friend from New York (Mrs. MALONEY), Perhaps the real problem is the fact in this section shall be construed to require the ranking member of the Capital that we have so many different bank- the divestiture, prior to July 21, 2017, of any Markets Subcommittee, for her bipar- ing regulatory agencies in the first debt securities of collateralized loan obliga- tisan and commonsense work on this place. If coordinating these agencies to tions, if such debt securities were issued be- important issue as well. avoid a regulatory train wreck is too fore January 31, 2014. Today we have the opportunity to difficult, then maybe we need fewer ‘‘(B) OWNERSHIP INTEREST WITH RESPECT TO agencies. COLLATERALIZED LOAN OBLIGATIONS.—A bank- correct, in a strong, bipartisan way, an ing entity shall not be considered to have an egregious example of regulatory over- I have spoken before about the pro- ownership interest in a collateralized loan reach. For no reason that has been co- liferation of government regulators obligation because it acquires, has acquired, herently stated by anyone, the banking with authority over our financial mar- or retains a debt security in such regulators responsible for imple- kets. More regulators mean more collateralized loan obligation if the debt se- menting the Volcker Rule have in- wasteful duplication of functions, more curity has no indicia of ownership other than cluded provisions in their final rule regulatory confusion, more empire the right of the banking entity to partici- that will literally cripple the market building, more bureaucratic rivalry, pate in the removal for cause, or in the selec- less accountability, and less problem tion of a replacement after removal for cause for collateralized loan obligations, also or resignation, of an investment manager or called CLOs. solving. investment adviser of the collateralized loan See, at the stroke of a pen, the bank- An ever increasing number of agen- obligation. ing regulators are going to wreak cies with ever increasing authority ‘‘(C) DEFINITIONS.—For purposes of this havoc on one of the largest and most only makes our financial system more paragraph: important sources of financing for lit- unsustainable and more arbitrary and ‘‘(i) COLLATERALIZED LOAN OBLIGATION.— erally hundreds of growing companies more unstable, and it makes it all the The term ‘collateralized loan obligation’ more likely that the heavy-handed gov- means any issuing entity of an asset-backed across this country. If the CLO provi- security, as defined in section 3(a)(77) of the sions in the Volcker Rule go forward as ernment will fall suddenly on some un- Securities Exchange Act of 1934 (15 U.S.C. planned, there will be a heavy price to lucky corner of the economy. 78c(a)(77)), that is comprised primarily of pay in failed companies and also lost So it is my hope that this body can commercial loans. jobs. come together now and support this bi- ‘‘(ii) REMOVAL FOR CAUSE.—An investment So why is the government doing this? partisan piece of legislation so that we manager or investment adviser shall be Did CLOs do anything to cause the fi- can ensure that the market for deemed to be removed ‘for cause’ if the in- nancial crisis? No, they did not. Are collateralized loan obligations, CLOs, vestment manager or investment adviser is is not carelessly and needlessly de- removed as a result of— CLOs a menace to the stability of our ‘‘(I) a breach of a material term of the ap- financial system? No, again. Is the stroyed. While they may not have a plicable management or advisory agreement small proportion of securities included high profile, CLOs provide a valuable or the agreement governing the in some CLO structures a national cri- function that our recovering economy collateralized loan obligation; sis that requires such a heavy hand by cannot do without, and I urge my col- ‘‘(II) the inability of the investment man- the Federal Government? Of course leagues for that reason to support H.R. ager or investment adviser to continue to not. 4167. perform its obligations under any such Thankfully, the bill we have today, And at this time, I will reserve the agreement; ‘‘(III) any other action or inaction by the introduced by my friend from Ken- balance of my time. investment manager or investment adviser tucky (Mr. BARR), fixes this problem of Mr. MURPHY of Florida. Mr. Speak- that has or could reasonably be expected to the banking regulators’ own making. er, I yield myself such time as I may have a materially adverse effect on the First, it prevents a disastrous fire sale consume.

VerDate Mar 15 2010 03:06 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.019 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE H3258 CONGRESSIONAL RECORD — HOUSE April 29, 2014 Mr. Speaker, I rise in support of H.R. will be considered on the House floor this impacts of the Volcker Rule upon thou- 4167, to create jobs and prevent unin- week. Introduced by Rep. Andy Barr, H.R. sands of Main Street businesses.’’ tended consequences of the Volcker 4167 will allow community banks to retain This legislation, as has been men- Rule, which I strongly support. debt securities of collateralized loan obliga- tioned earlier, passed out of the Finan- The bill before us represents a truly tions (CLO) issued before January 31, 2014. The Financial Services Committee reported cial Services Committee on a March 14 bipartisan compromise that balances H.R. 4167 by a nearly unanimous vote in strongly bipartisan vote of 53–3. I want the author’s goal to preserve a proven March. to thank Congresswoman CAROLYN financing mechanism with democratic As you may know, the final Volcker Rule MALONEY of New York for her support concerns against watering down the implementing a provision of the Dodd-Frank and work in developing this common- Volcker Rule, which is designed to pre- Act, issued December 10, requires banks, in- sense legislation to provide a necessary vent banks from gambling on Wall cluding community banks, to divest their clarification of the Volcker Rule while Street with consumer deposits, the holdings of CLOs by July 2015. Though the compliance date was later extended, this re- maintaining the original legislative in- very type of behavior that nearly took quirement could cause a significant, imme- tent regarding the treatment of down our financial system and gave us diate and permanent loss of capital for com- collateralized loan obligations. the Great Recession. munity banks that hold these securities and While there are several exemptions The truth is the Volcker Rule is not are still recovering from the financial crisis. provided in the statute included in sec- intended to capture debt. Debt is an ev- H.R. 4167 would avert this damaging and un- tion 619 of the Dodd-Frank law, which eryday tool of plain vanilla financial anticipated outcome by repealing the divest- authorizes the Volcker Rule, that leg- institutions. No, the Volcker Rule is ment requirement for CLOs issued before islative language states: about equity ownership. We don’t want January 31. ICBA urges you to support H.R. 4167. Nothing in this section shall be construed banks owning hedge funds and private Thank you for your consideration. to limit or restrict the ability of a banking equity funds, but of course we still Sincerely, entity or nonbank financial company super- want banks out in the communities CAMDEN R. FINE, vised by the Federal Reserve Board to sell or lending to the real economy. President & CEO. securitize loans in a manner otherwise per- I want to thank the gentleman from Mr. MURPHY of Florida. Once again, mitted by law. Kentucky and the gentlelady from New I would like to thank the gentleman Nevertheless, despite this plain lan- York (Mrs. MALONEY) for working to- from Kentucky (Mr. BARR), who also is guage in the statute, certain asset- gether on a compromise that makes a a member of the United Solutions Cau- backed securities originally thought to narrow, commonsense fix to the cus and is dedicated to real problem be exempt by the Volcker Rule are now Volcker Rule without undermining its solving and saving the partisanship for subject to the covered fund definition. core purpose: prohibiting risky propri- another day. He worked hard on this So the pragmatic need to provide this etary trading by federally insured bill and was willing to reach across the defined, narrow fix is why the legisla- banks. aisle for commonsense compromise. As tion is endorsed by the American I also want to recognize Chairman a result of this hard work, this jobs bill Bankers Association, by the Kentucky HENSARLING and Ranking Member is on the suspension calendar and has Bankers Association, and by the small WATERS for the truly bipartisan way earned a strong bipartisan vote. community banks around this country, this bill came to the floor by a vote of I urge my colleagues to support this the Independent Community Bankers 53–3. I am hopeful that we will see more legislation and reserve the balance of of America. And it is why a small com- bipartisanship from our committee on my time. munity bank in my home State of Ken- the business of the American people: Mr. GARRETT. Mr. Speaker, at this tucky contacted my office in January. comprehensive community bank regu- time, we are now joined by the sponsor He alerted us to the fact that failing to latory relief, TRIA, reauthorizing the of the bill, the gentleman from Ken- fix this problem could very well mean Export-Import Bank to help American tucky, who, as was indicated, worked significant losses to that small com- job creators access foreign markets, in a bipartisan manner to get it out of munity bank, possible layoffs of em- and reforming Fannie Mae and Freddie committee, here on the floor. And I as- ployees, and higher borrowing rates Mac to protect taxpayers without un- sume we are going to see a strong bi- and fees for the customer in the local dermining the housing market and pre- partisan vote for it on the floor as well. community. serving the 30-year fixed rate mortgage At this time, I yield such time as he So getting this issue right and fixing for middle class families. may consume to the gentleman from the problem is important to commu- The bill before us would simply clar- Kentucky (Mr. BARR). nity banks. It is important to U.S. em- ify that the right to vote to remove a Mr. BARR. Mr. Speaker, I thank the ployers and businesses on Main Street. CLO manager in traditional, creditor- gentleman from New Jersey, my friend It is important to a whole lot of jobs protective circumstances, such as a who has, himself, shown a considerable that support families in Kentucky and material breach of contract, does not, amount of leadership on this issue in around this country. And here is why: by itself, convert a debt security into making sure that American companies collateralized loan obligations, or an equity security under the Volcker on Main Street and all across this CLOs, have proven to be a critical Rule. country have access to reliable, afford- source of funding for U.S. businesses It would also provide narrow relief to able capital to grow their businesses over the last 20 years. existing CLO securities as long as they and create jobs. 1300 qualify as debt under this bill. For I also want to thank the gentleman b CLOs that are not debt securities under from Florida for participating in the Today, CLOs continue to provide this bill, banks will get an additional 2 discussion here today in a bipartisan over $300 billion in financing to U.S. years to divest, which will prevent a manner and for his support. And I also companies, including companies that disruptive fire sale of these securities thank my colleagues both on this side are well-known to all of us in this and cost as much as $8 billion. and that side of the aisle for their sup- Chamber—Dunkin’ Donuts, American At this time, I will insert the text of port and for recognizing that we do Airlines, Burger King, Toys ‘‘R’’ Us, a letter from the Independent Commu- need to fix this problem. Neiman Marcus, Delta Air Lines, Good- nity Bankers of America into the H.R. 4167, the Restoring Proven Fi- year Tire, and even a mattress and bed- RECORD. nancing for American Employers Act, ding company in my hometown of Lex- INDEPENDENT COMMUNITY is about jobs and economic growth. It ington, Kentucky, Tempur Sealy. Yet, BANKERS OF AMERICA, is about reliable access to affordable this valuable form of corporate finance Washington, DC, April 28, 2014. credit to small, midcap, and emerging- that supports jobs is under assault due HOUSE OF REPRESENTATIVES, growth companies, in fact, some of the to the regulators’ implementation of Washington, DC. most dynamic and job-producing com- the Volcker Rule, which makes it im- DEAR MEMBER OF CONGRESS: On behalf of the more than 6,500 community banks rep- panies in America. permissible for banks to retain or in- resented by ICBA, I write to express our sup- As the U.S. Chamber of Commerce vest in these assets. port for the Restoring Proven Financing for states in its letter of support, my legis- According to the U.S. Chamber of American Employers Act (H.R. 4167), which lation is necessary to ‘‘fix the adverse Commerce, H.R. 4167 would ‘‘preserve

VerDate Mar 15 2010 03:52 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.020 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE April 29, 2014 CONGRESSIONAL RECORD — HOUSE H3259 this important source of financing that H.R. 4167 also clarifies that a bank the extent they happen are good or supports growth and job creation shall not be considered to have an own- bad, but that is what they are mostly throughout our economy.’’ CLOs have ership interest in a CLO for purposes of used for. a proven track record of success, and enforcement of the Volcker Rule if I also want to be real clear. Very, they ‘‘performed very well before, dur- such debt security has no indicia of very, very few small, community banks ing and since the financial crisis.’’ ownership other than the right to par- have any CLOs. Over 70 percent of the According to the Kentucky Bankers ticipate in removal for cause or in the collateralized loan obligations, both Association, investment in CLOs is a selection of a replacement investment the ones that are allowed and dis- ‘‘conservative addition to an existing manager or investment adviser of the allowed, are owned by three banks. and balanced investment approach’’ CLO. Over 70 percent are owned by three of and a ‘‘thoughtful solution to the eq- So, in sum, Mr. Speaker, this legisla- the largest banks in the world. And by uity problem’’ that banks face. In fact, tion is a bipartisan, commonsense fix the way, almost all of those CLOs the default rate on CLOs in the last 20 to a real world problem voiced by com- would be permitted to those three large years has been less than one-half of 1 munity banks and emerging growth banks. percent. companies like Tempur Sealy in my So what are we solving here? We are Yet, despite this proven track record own district that will benefit these pretending to save some great invest- and despite this critical source of fund- companies all around the country. So I ment tool. It is not under threat. We ing for growing U.S. companies and job urge a vote in support of H.R. 4167, the are pretending that no problems could producers in America, the Volcker Restoring Proven Financing for Amer- ever happen. Those are the same dis- Rule regulators require that banks di- ican Employers Act. cussions we had in ’05, ’06, ’07, and ’08. vest of their CLO holdings. The con- Mr. GARRETT. I reserve the balance All the risk that was being assumed sequences will be a fire sale in the mar- of my time. comfortably and successfully prior to ket that will cause significant losses to Mr. MURPHY of Florida. Mr. Chair- 2008 was perfectly fine. Those regu- banks currently holding what are man, I yield as much time as he may lators are just killing America—until known as legacy CLOs. consume to the gentleman from Massa- the crash happened, from which we are Looking forward, it will increase the chusetts (Mr. CAPUANO). still recovering. cost of borrowing in the future for U.S. Mr. CAPUANO. I thank the gen- All we want to do is take a look at businesses looking to expand, grow, tleman for yielding. some of the riskier aspects of this fi- and create much-needed jobs. Mr. Speaker, I am one of those three nancial aspect and simply say, whoa, it These warnings may sound abstract. people who voted ‘‘no.’’ I do not expect doesn’t mean everybody can’t do it. It So let me explain how this affects a to win here today on the floor. And I simply means regulated banks can’t do real business that employs many of my want to be real clear: I do not oppose it. Private investors could still do constituents in Kentucky’s Sixth Con- consolidated loan obligations. I support every one of these things. Why would gressional District. Tempur-Pedic is a them. They are an important financial regulated banks be prohibited from high-end mattress bedding company, tool. doing only the most risky CLOs? Be- and they produce, through space-age But that is not what this bill does. cause they are protected by taxpayer technology, very comfortable, high-end This bill allows risky CLOs. Most CLOs dollars, because they are protected by beds for the top of the market. But would be permitted pursuant to the the FDIC, and because we, as a society, they knew that in order to be resilient Volcker Rule. If they only contained have said that bank stability is impor- and to be growing in the future, they loans, they are okay. Any bank can tant to the American economy. needed to acquire a competitor that own them to any degree. So let’s be clear: CLOs are not being covered the rest of the marketplace— So let’s not think that somehow the killed. They are being limited in a very the value products, the midlevel prod- Volcker Rule has killed CLOs. They small way only to target the most ucts, and a lower but higher level form have simply said they have to be what risky CLOs. Banks and others have al- of mattress so that in the event of an they say they are, collateralized loan ready adjusted to those limitations by economic downturn or competitive obligations, not collateralized loan ob- reinvigorating the CLO market in a pressures in the marketplace, they ligations put together with all kinds of way that has been and would be al- would have a cross-section of the entire other junk. Simple. Straightforward. lowed under the existing rule. But yet marketplace with all price points of There is not going to be any fire sale. we have a problem. bedding. The regulators have already listened to We have a crisis that we have to So Tempur-Pedic used CLO financ- the congressional comments, of which I solve. A handful of people will not be ing, where it didn’t have access to af- was one, asking for a delay to allow the allowed to risk my mother’s invest- fordable corporate bond financing, as existing CLOs that do not meet the ment. That is what we are crying affordable corporate bond financing. regulation to be held for 2 more years. about. Well, I have heard that before, They accessed CLO financing and There will be no fire sale. There has and it didn’t turn out too well in ’08. A closed this transaction where they ac- been no fire sale. little limitation is good for the Amer- quired a well-known company to a lot As we speak, the sale of CLOs is at a ican system. And, by the way, it is his- of Americans, Sealy, and that trans- historic high. The Volcker Rule has torically the system as it has been for action closed in March of 2013. This al- not killed the market. They are back a thousand years. lowed them to expand their business to almost the same levels they were at I just want to end with a quote by and create already in just a year’s time in 2007 before the crash. Paul Volcker himself. I presume Paul 200 new jobs in my district. Let me be clear. I agree that CLOs Volcker knows more about the econ- Thanks to CLO financing, Tempur did not, on their own, participate in omy and the markets than most people Sealy is now a more resilient company the ’08 problems and that they do have in Congress. But maybe not. Maybe and better poised for growth in the fu- a record of success. But prior to 2008, some people are smarter than him. ture. And if Tempur Sealy sees an op- most people would have said the same This is what he said about this bill: portunity to grow even more and is in thing about collateralized debt obliga- This constant effort to get around the rule need of a commercial loan, we want to tions. By the way, at some point, some- limiting banks’ investment in hedge funds on make sure that this source of afford- body has to explain to me the dif- behalf of a few institutions who apparently able financing is there for them and for ference between debt and loans, but want room to resume the financing practices all U.S. companies. that is a different issue. that got us into trouble in the past really H.R. 4167 is a defined, narrow fix Collateralized loan obligations are should end. which clarifies that the Volcker Rule important. They are a good, thoughtful CLOs—straightforward and plain va- should not be construed to require the way to provide capital. By the way, nilla—are a good and important invest- divestiture of any debt securities of most of them are used for leveraged ment tool for the American economy. CLOs prior to July 21, 2017, if such buyouts, as the example we just heard, They should and will be allowed under CLOs were issued before January 21, for leveraged buyouts. Now, you can the current rules. There should and 2014. argue whether leveraged buyouts to will be time for people to move slowly

VerDate Mar 15 2010 03:17 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.023 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE H3260 CONGRESSIONAL RECORD — HOUSE April 29, 2014 and thoughtfully without a fire sale just great, there is a lot of misinforma- proposing, 2 years from now. In either out of the handful of risky investments tion about this. According to the Loan case, when you set a date certain for a that are there, and even those people Syndication and Trading Association, sale, then everyone else out there who love those risky investments will U.S. banks hold an estimated $70 bil- knows that this is the day that they be able to do it still, just not through lion of CLO notes, which would have to might as well wait for; and eventually, a subsidized bank. be divested if we don’t make the fix by they will have to sell, and at that point I know that I have not convinced July 21, 2015, and with the Fed’s change in time, they will engage in a fire sale. anyone. I know that I am going to lose a little bit later. But even the threat of In other words, by setting a date this vote on the floor, and I respect it. such a divestiture roiled the CLO mar- when you have to sell all of your assets And I hope to God that my concerns ket in December and January before or whatever you have, you are basi- are wrong and overblown. I hope that Congress took action. cally pushing the price down in that in a few years I come back and I apolo- So due primarily to uncertainty market. gize to the gentleman for my concerns, around the Volcker Rule in January Secondly, with regard to sales up, I that they were overblown and unjusti- 2014, U.S. CLO issuance dropped nearly guess the gentleman from Kentucky al- fied. Because America will be better off 90 percent from the prior year, drying ready raised that point. Sales were if you are right. But if you are wrong, up access to credit. The only reason going down until Congress came to- a handful of people will make a lot of why the CLO market has recovered gether in a unique experience for Con- money, but the rest of us will be dra- since January is because of this bill. It gress, which was a bipartisan effort, matically and deeply hurt once again. is because of the legislative action, the and once the rest of Main Street and Mr. MURPHY of Florida. I want to bipartisan efforts of this body. Wall Street saw that Congress can ac- thank the gentleman from Massachu- Finally, I just would like to conclude tually do things together and work to- setts for his remarks. by responding to the gentleman’s as- gether in a bipartisan manner, they did Mr. Speaker, I reserve the balance of sertion that a little limitation is good what the rest of Americans will do and my time. for the system—a little limitation is said: good thing. They said: let’s get Mr. GARRETT. Mr. Speaker, how good for the system. Well, hear what a that market going back up again. As the gentleman from Kentucky much time do we have remaining? witness at our hearing about this issue pointed out, that is exactly what oc- The SPEAKER pro tempore (Mr. said about this little limitation: AMODEI). The gentleman from New Jer- curred. If you have a situation where the Volcker Thirdly, the gentleman from Massa- sey has 81⁄2 minutes remaining. The Rule basically impedes U.S. banks and some gentleman from Florida has 10 minutes chusetts admitted that the CLO mar- foreign banks from investing in CLOs, you ket was not the cause or any cause of remaining. can see their appetite reduced by 80 percent. Mr. GARRETT. I yield 4 minutes to They will just not participate in the CLO the crisis that we had back in 2008, and the gentleman from Kentucky (Mr. market. I have not heard any testimony from anyone on any panel from either end of BARR). Ultimately, that leads to our other the spectrum that the CLOs would be a Mr. BARR. Mr. Speaker, I thank the point, in that we can see a significant basis for the next crisis that inevitably gentleman from New Jersey, and I cost to financing for U.S. companies. thank the gentleman from Massachu- will come. What happens when you see a signifi- Next, the gentleman from Massachu- setts for his contribution to the debate. cant cost to financing or decreased setts raised the point that something It gives us an opportunity to actually credit availability for companies? That like 70 percent of all the CLOs out analyze what exactly we are talking means these companies that have over there are captured by something like about here. 5 million employees can’t build new three large banks or three financial in- We are not talking about the risky factories, they can’t build new cellular stitutions and made it sound as though assets that were contributing factors networks, they can’t expand, and they the smaller and midsized banks are not to the financial crisis. If this were can’t combine and merge to bigger, really playing here. junk, as the gentleman from Massachu- more resilient companies that can Then you had to listen to the next setts describes it to be, the default rate compete effectively on a global basis. thing that he said. He said that most of on CLOs would have been much higher It ultimately would have a very de- those CLOs held by those would al- over the last 20 years. But the default structive effect on U.S. companies. ready be protected by the current rate on CLOs over the last 20 years, in- So, Mr. Speaker, in sum, I will just Volcker proposal out of the adminis- cluding during the financial crisis, was bring it back to my home district. If a tration. less than half of 1 percent. Not one of little limitation is good for the system, Well, that tells you right there that the nearly 4,000 notes rated AAA or AA tell that to the 200 Kentuckians who the legislation from the gentleman ever defaulted in CLOs. now have jobs because of this innova- from Kentucky is not addressing or not Part of the reason for this strong, du- tive source and a responsible source of trying to solve a problem for the three rable performance of CLOs is because commercial credit in America. large banks. The legislation he is try- CLOs are very different from the trou- b 1315 ing to put forward in a bipartisan man- bled assets that fueled the financial ner is, in fact, doing just as he ex- crisis. CLOs are distinct because, num- Mr. GARRETT. Mr. Speaker, I yield plained for the smaller banks, for the ber one, they are based on diverse as- myself such time as I may consume. midsized banks, those are the ones that sets, commercial loans that are well di- I just want to take a moment to re- we are concerned about; and we want versified across the industry. These are spond as well to the gentleman from to make sure that they are not hurt solid, diversified loans, and they are Massachusetts. He indicated that he is through fire sales or further restric- typically secured loans. probably not going to convince anyone tions on them. Secondly, there is an alignment of in- who is supporting the bill. I presume I Finally, last—but maybe not least— terest between CLO investors and the am probably not going to convince him is the fact that this bill will not end CLO managers. The managers actually either, as I look over there, because he too big to fail. Well, we know that have skin in the game. is now off the floor; but if he is back in Dodd-Frank, unfortunately, did not Finally, third, there are significantly his office and tuning us in, let me just end too big to fail. greater transparency features to CLOs make some points where he might be Dodd-Frank did a number of things, and disclosure since the commercial convinced. but it did not end too big to fail, and loans here, the secured commercial He spoke about the fire sale that will the way to solve that is not by loans, are issued by companies that re- not occur now under the proposed nitpicking around the edges on areas port financial information on a regular Volcker Rule. Well, yes, it still will such as this that did not cause the cri- basis to investors, and they are re- occur, just because you are not saying sis in the first place. quired to provide regular financial re- that the sale has to occur this after- In fact, the authors and the pro- ports with the SEC. noon, but it is going to occur at a set ponents of Dodd-Frank understood that Now, with respect to the gentleman’s point in time, either 6 months from when they passed Dodd-Frank—be- claim that the CLO market is doing now, a year from now, or as they are cause, look, what is the language in

VerDate Mar 15 2010 03:17 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.024 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE April 29, 2014 CONGRESSIONAL RECORD — HOUSE H3261 Dodd-Frank when it comes to the The Clerk read the resolution, as fol- crafted a bipartisan amendment to im- Volcker Rule and the CLO matter that lows: prove the legislation. In addition, the is before us today? Did they want to H. RES. 555 rule provides the minority the stand- have this included in the rule that Resolved, That upon adoption of this reso- ard motion to recommit. Volcker would eventually come out lution it shall be in order to consider in the H.R. 4414, the Expatriate Health Cov- with? The answer is no. House the bill (H.R. 4414) to clarify the treat- erage Clarification Act of 2014, address- The language specifically in 619 of ment under the Patient Protection and Af- es the problem caused by the Afford- Dodd-Frank—voted in favor of, by the fordable Care Act of health plans in which able Care Act, which could result in way, by the gentleman from Massachu- expatriates are the primary enrollees, and those Americans who live abroad for a for other purposes. All points of order setts—says: against consideration of the bill are waived. substantial portion of the year, those Nothing in this section shall be construed The amendment printed in the report of the individuals referred to as expatriates, to limit or restrict the ability of a banking Committee on Rules accompanying this res- that could cause them to lose their entity or nonbank financial company super- olution shall be considered as adopted. The health care coverage because of the vised by the Federal Reserve Board to sell or bill, as amended, shall be considered as read. one-size-fits-all approach to our health secure type loans in a manner otherwise per- All points of order against provisions in the care system, which was employed by mitted by law. bill, as amended, are waived. The previous the wizards who wrote the Affordable What does that sentence mean? That question shall be considered as ordered on Care Act. means that the sponsors of—and those the bill, as amended, and on any amendment Expatriate health care providers like the gentleman from Massachusetts thereto to final passage without intervening motion except: (1) one hour of debate equally have traditionally offered tailored, spe- who supported Dodd-Frank—specifi- cialized insurance plans to meet the cally put into the Dodd-Frank law the divided and controlled by the chair and rank- ing minority member of the Committee on needs of Americans who spend their direction to the Fed and the other reg- Ways and Means; and (2) one motion to re- time overseas. These citizens simply ulators that they should not be doing commit with or without instructions. cannot rely on a local general practi- what they are doing right now. They The SPEAKER pro tempore. The gen- tioner or neighborhood clinic because, should not be putting, as it says, limi- tleman from Texas is recognized for 1 so often, they are far away from home. tations on this type of instrument. hour. However, the Affordable Care Act So for all of those reasons, if the gen- Mr. BURGESS. Mr. Speaker, for the does not provide an avenue by which tleman from Massachusetts is still purpose of debate only, I yield the cus- these plans can continue to be offered. watching what we are doing on the tomary 30 minutes to the gentleman Instead, Senator REID, Kathleen floor, perhaps we have convinced him from Massachusetts (Mr. MCGOVERN), Sebelius, and Barack Obama decided it that he should join with the majority pending which I yield myself such time was up to them to decide how Ameri- on both sides of the House and not be as I may consume. During consider- cans’ health insurance plans should be part of the three or so who remain op- ation of this resolution, all time yield- structured. posed to this and support the legisla- ed is for the purpose of debate only. The legislation before us today is a tion, H.R. 4167. clear example of why a top-down Fed- With that, I yield back the balance of GENERAL LEAVE eral approach to health care does not my time. Mr. BURGESS. Mr. Speaker, I ask work. Consumers should be in the driv- Mr. MURPHY of Florida. Mr. Speak- unanimous consent that all Members er’s seat deciding what works best for er, I would like to thank my colleagues may have 5 legislative days to revise them, what works best for themselves and the gentleman from New Jersey for and extend their remarks on the reso- and their families, not someone sitting their thoughtful debate on this com- lution. in Washington, D.C. monsense improvement to the Volcker The SPEAKER pro tempore. Is there Because of the regulations in the Af- Rule. objection to the request of the gen- I appreciate my colleagues on the tleman from Texas? fordable Care Act, insurers have an- Democratic side of the aisle always There was no objection. nounced that they will have to shift keeping the focus on preventing some Mr. BURGESS. Mr. Speaker, House their expatriate operations overseas in of the world’s largest banks from sub- Resolution 555 provides for the consid- order to be in compliance with the law, jecting the American people to another eration to fix yet another flaw that has and with those operations will go those financial crisis. to be corrected in the Affordable Care jobs. All Americans know that it was However, I believe this bill strikes Act due to the rushed process by which shown to be an empty promise when the right balance to protect the Amer- the bill was passed in March of 2010. someone said, if you like your health ican people and create jobs. It was re- As a direct result of the hasty legis- care plan, you can keep it. ported by the Financial Services Com- lation, experts have estimated that Well, Mr. Speaker, it is a darn good mittee with a strong bipartisan 53–3 over 1,000 Americans will lose their thing the President never promised, if vote, and I urge my colleagues to sup- jobs unless Congress takes immediate you like your job, you can keep it. port this bill. action to correct and clarify the Af- Over a thousand jobs tied to expatriate I yield back the balance of my time. fordable Care Act’s impact on expa- health care operations will now be The SPEAKER pro tempore. The triate health care plans. shipped overseas. Americans who rely question is on the motion offered by This bill before us today will do just on these health plans, which until now the gentleman from New Jersey (Mr. that, putting Americans above partisan have worked well for them and their GARRETT) that the House suspend the politics and helping yet another subset families, are going to have to scramble rules and pass the bill, H.R. 4167, as of people in our country who currently and scramble fast to find alternative amended. are being harmed by the President’s coverage. The question was taken; and (two- takeover of our health care system. Some examples of those Americans thirds being in the affirmative) the The rule before us today provides for who will potentially lose their health rules were suspended and the bill, as one full hour of debate equally divided care coverage due to the unyielding amended, was passed. and controlled by the chair and the regulations of the Affordable Care Act A motion to reconsider was laid on ranking minority member on the Com- include businessmen and business- the table. mittee on Ways and Means. Further, women, pilots, foreign aid workers, f the rule provides for the adoption of an ship operators, and tour guides. amendment by the bill’s authors, Rep- The President has already acknowl- PROVIDING FOR CONSIDERATION resentatives NUNES from California and edged that his law will hurt these OF H.R. 4414, EXPATRIATE CARNEY from Delaware, which address- Americans, announcing that the De- HEALTH COVERAGE CLARIFICA- es a number of concerns the minority partment of Health and Human Serv- TION ACT OF 2014 expressed during debate of this legisla- ices would, yet again, ignore the law Mr. BURGESS. Mr. Speaker, by di- tion several weeks ago. and provide a temporary waiver from rection of the Committee on Rules, I True to the Speaker’s commitment of complying with the law’s require- call up House Resolution 555 and ask letting the House work its will, Repub- ments; but this is not how you fix for its immediate consideration. licans listened to those concerns and flawed legislation.

VerDate Mar 15 2010 03:17 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.025 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE H3262 CONGRESSIONAL RECORD — HOUSE April 29, 2014 You involve the legislative branch. side of the aisle apparently do. I think I am more than a little disappointed, You come to Congress, and you ask everybody in this country is entitled to Mr. Speaker, because I want to work that you legislate and fix the problem good, quality health insurance. I think with the majority to fix this problem. in the law. when they get sick they ought to know I am concerned that this bill, the bill Now, the White House, where there is they will be taken care of and not have before us that we are talking about a so-called constitutional scholar, the to worry about whether they are going right now, creates other problems, President seems to have only read arti- to get covered or not because of pre- namely excluding green card holders cle II of the Constitution, skipping en- existing conditions or whether they are and nonimmigrant workers from most tirely over the first and longest article, going to meet some sort of lifetime cap of the coverage protections provided by article I, where the Founders make the and be excluded from coverage. the ACA. I am disappointed that this case that Congress is the body where That is what the Affordable Care Act process was closed down even though laws are passed, the body where laws is all about. That is what this big con- negotiations were still ongoing. are written, the body where laws are troversy that my friends on the other Quite frankly, Mr. Speaker, the gen- amended. As a result of the President side of the aisle have decided to make tleman from Texas literally took my making this change unilaterally, the on this issue is all about. So I am mak- breath away when he talked about that relief is only temporary. ing sure that everybody in this country this represents the Speaker’s pledge to The bill before us today provides the has health care. Boy, what a radical let the House work its will. This issue long-term security, the security that is idea, what a radical idea. first came up under a suspension, required to give these affected Ameri- I will also say that having supported which was totally closed, and it is com- cans and their families the certainty the Affordable Care Act, it is not a per- ing to the floor today under a closed they need to make decisions for their fect piece of legislation. I have never rule. Those of us who have some ideas futures. These expatriate plans are not seen a perfect piece of legislation ever on how we might be able to make this barebone plans that some in this body come out of Congress. Legislation, es- more palatable to address some of the have criticized. pecially legislation that covers a sub- concerns that we have will not have This is not lousy insurance. They ject as wide as this, at times will be that opportunity. They have closed the typically are robust plans. They are tweaked. There will be unintended con- process down. I hardly think that that comprehensive plans, which simply sequences that we will come and we can be described as an open process or cater to the special needs of Americans will try to fix. That is what legislation as a transparent process. This is yet who travel and are gone for a good por- is supposed to do: to try to fix the another closed rule, another closed tion of the year. problems. rule. Democrats have said that from the Mr. Speaker, this process was flawed b 1330 beginning, that we want to make this and this process could have been bet- The amendment by Representatives bill work, work as well as it possibly ter. There are many of us on my side of NUNES and CARNEY, which is adopted in can. We said we would be willing to the aisle who believe that we need to the rule before us, takes a thoughtful work with Republicans and the admin- fix this flaw that the gentleman from piece of legislation and improves it istration to address the problems that Delaware (Mr. CARNEY) has brought to even further. It clarifies that any fu- have come about as a result of the im- our attention, but we need to do it in ture plans offered to expatriates must plementation of this law. By no means the right way, and this is not the right still comply with the actuarial require- does that mean that we should repeal way to do it. ments in the Affordable Care Act, as the Affordable Care Act, which is some- I think what is going to happen here well as any pre-Affordable Care Act thing my Republican friends are ob- is—my friends on the other side of the laws, including the Employee Retire- sessed with. To the contrary, we need aisle control most of the votes here so ment Income and Security Act, known to do everything we can to fix any they will probably pass this bill—but as ERISA, and the Public Health Serv- challenges that this law may have to what will happen then is that the Sen- ice Act. Moreover, it narrowly tailors make sure that every American gets ate will then have negotiations with this relief to those Americans who the benefit of the Affordable Care Act. the White House and try to figure out spend more than 180 days outside the H.R. 4414, the Expatriate Health Cov- how to fix this problem. They will pass country. These were concerns that erage Clarification Act, is trying to fix it, then it will have to come back to Democrats expressed during the pre- one problem with the law. My friend the House again, and then we will have vious debate on this legislation, and from Delaware (Mr. CARNEY) and others to deal with it separately. they are fully addressed in the legisla- are attempting to try to fix a provision I regret very much that my friends tion before us today. in the law that causes some problems have decided to go this way. If they This is a carefully crafted fix. It was with the ways that expatriates are had waited a few more days we prob- necessary because the underlying law treated under the ACA. ably could have gotten a solution to was so poorly crafted. It is needed to This is one example of how we— this that could have received unani- help Americans who are being directly Democrats and Republicans—should be mous support. Instead, we are back at harmed by the President’s health care able to work together. This is one ex- the same old-same old, where it is at- law. ample of how we—supporters and oppo- tack the ACA, attack the ACA, and I encourage my colleagues to vote nents of the ACA—should be able to lay pretend to try to fix it by addressing a ‘‘yes’’ on the rule and ‘‘yes’’ on the un- those differences aside as we try to find legitimate concern, but adding to that derlying bill, and I reserve the balance solutions and move our country for- a whole bunch of extraneous stuff that of my time. ward. creates other problems. Mr. MCGOVERN. Mr. Speaker, I want It is my understanding, Mr. Speaker, I would urge my colleagues to vote to thank the gentleman from Texas that House and Senate Democrats and ‘‘no’’ on the rule and to vote ‘‘no’’ on (Mr. BURGESS) for yielding me the cus- Republicans have been working with the bill. Let’s wait until the Senate tomary 30 minutes. the White House to come up with a so- gets it right with the White House and Mr. Speaker, I yield myself such time lution that can pass both Houses of we can revisit this issue. as I may consume. Congress and be signed by the Presi- With that, I reserve the balance of (Mr. MCGOVERN asked and was dent. It is also my understanding that my time. given permission to revise and extend discussions were ongoing as late as yes- Mr. BURGESS. Mr. Speaker, I yield his remarks.) terday afternoon when the House ma- myself 1 minute. Mr. MCGOVERN. I voted for the Af- jority decided to go with the version This bill was brought to the floor fordable Care Act, I support the Afford- before us today instead of waiting to under suspension of the rules prior to able Care Act, and I believe in the Af- continue negotiations in a bipartisan, the Easter recess. So it has been avail- fordable Care Act. I believe every per- bicameral way so that we can get a bill able for consideration, for staff work to son in this country ought to have moved expeditiously through both occur, for some period of time. The fact health care. I don’t think that is a rad- Houses and signed into law by the of the matter is that it is an imminent ical idea, but my friends on the other President of the United States. problem facing people who are working

VerDate Mar 15 2010 03:17 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.027 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE April 29, 2014 CONGRESSIONAL RECORD — HOUSE H3263 outside of the country, and for that to fix one of the many problems con- millions and millions and millions of reason it was important to get it tained herein. more people into a process where they solved. I reserve the balance of my time. can afford health care. So they have If the gentleman feels that more Mr. MCGOVERN. Mr. Speaker, I yield been against this from the very begin- work should have been done prior to myself such time as I may consume. ning. that time, perhaps they should have I remind the gentleman that the I think the American people have a worked with the majority prior to it Speaker of the House said when the Re- very different view. Their view is that being brought up under suspension. I publicans won the majority that they they want this bill to work. My friends don’t know the answer to that. But I do were going to conduct proceedings here on the other side of the aisle have just know where we are today is that this is in the most open way possible—this spent countless hours, countless days, a problem that needs to be fixed, and will be the most open and transparent countless weeks, countless months just the Republican majority is seeing to it House ever. And it has become the trying to repeal it. It is just Johnny that it is fixed, bringing it to the floor most closed House ever. One Note: repeal, repeal, repeal. under a rule. The minority will have an Because the gentleman brought up This idea that everybody should have opportunity to amend during a motion the Affordable Care Act, I want to affordable health care is such a con- to recommit, and I certainly look for- make sure he understands the facts. troversy in the Republican Congress, I ward to a lively discussion during that While the bill we are talking about can’t quite understand why. Why is it time. right now received 20 minutes of debate such a bad idea that everybody in this I reserve the balance of my time. under suspension, let me read you the Congress has access to good quality Mr. MCGOVERN. Mr. Speaker, I yield facts about the Affordable Care Act, in health care? Why is that an idea that myself such time as I may consume. case my friend forgot. causes such resentment on the other What we are considering right now The House held nearly 100 hours of side of the aisle? I don’t get it. before the full House is very clear. hearings and 83 hours of committee We ought to make sure that this law One, a closed rule. What a closed rule markups. The House heard from 181 gets implemented properly, and we means is that you can’t offer any witnesses, both Democrats and Repub- ought to do this the right way. My amendments. So some of the concerns licans. 239 amendments were consid- friends don’t want to do it the right that have been raised about the under- ered in the three committees of juris- way, so we are going to have to wait lying bill we can’t fix. For the life of diction, 121 of which were adopted. The for the Senate to work it out with the me, I don’t understand why, if the gen- bill was available for 72 hours before administration and then send it back tleman claims that the Republican ma- Members were asked to vote on it on to us. There really should be a better jority is committed to an open, trans- the floor. way to do this. parent process where the House can The process was just as open in the With that, I reserve the balance of work its will, I don’t understand why Senate. The Senate Finance Com- my time. you would approve a closed rule on mittee held more than 53 hearings. The Mr. BURGESS. Mr. Speaker, I re- this. Finance Committee also spent 8 days serve the balance of my time. Let’s be honest about this. It is not marking up the legislation, the longest Mr. MCGOVERN. Does the gentleman like my friends on the other side of the markup in 22 years for the committee. have any other speakers? aisle are doing anything else. We have The Senate Health Committee held 47 Mr. BURGESS. Mr. Speaker, I yield had multiple repeals of the Affordable bipartisan hearings, roundtables, and myself 30 seconds. Care Act before us. We have had lots of walk-throughs on health care reform. As much as I would like to continue message issues that their pollsters say The Patient Protection and Affordable this lively back-and-forth, we both poll well, but the Republican majority Care Act may have started out with a know each other’s positions on this ex- hasn’t really done very much to help different bill number, but the fact re- tremely well. the American people in any way, shape, mains hundreds of hours of hearings on No, I have no other speakers. or form. So it is not like the time the Affordable Care Act, hundreds of I reserve the balance of my time. doesn’t exist to maybe have a little bit witnesses, hundreds of amendments 1345 more debate on an issue like this and considered in the committee, and b be able to perfect this bill. This is a countless hours of townhall meetings. Mr. MCGOVERN. I yield myself the closed rule. This is a closed rule, this is My friend on the other side of the balance of my time. a closed process, and this has become a aisle likes to say, well, there was a dif- Mr. Speaker, I am going to urge my closed House. ferent bill number when we voted here colleagues to vote ‘‘no’’ on the previous Again, I urge my colleagues to vote on the floor, but as he knows, the proc- question. ‘‘no’’ on this closed rule, reject this ess of using a different bill number is If we defeat the previous question, I closed process, reject the underlying very common around here. In fact, the will offer an amendment to the rule bill, and I reserve the balance of my Republican majority has done it sev- that would allow the House to consider time. eral times in the past 3 years. But re- the Fair Minimum Wage Act. This Mr. BURGESS. Mr. Speaker, I yield gardless of the bill number, the work week, the Senate will vote to raise the myself 1 minute. that went into forming this legislation minimum wage to $10.10 an hour. Now This, this was brought to the House was one of the most open processes in is the time for the House to act and to floor as a closed rule in March of 2010. the history of Congress. honor our commitment to the middle This coercive, partisan piece of legisla- That is the facts on that. class by giving hard-working Ameri- tion which is going to affect health But let me also make one other cans fair pay. care in this country for every man, point. The problem my friends on the Mr. Speaker, I ask unanimous con- woman, and child for the next three other side of the aisle have with the Af- sent to insert the text of the amend- generations, this was brought under a fordable Care Act is not with the proc- ment in the RECORD, along with extra- closed rule. ess. It is just they don’t believe that neous material, immediately prior to We are trying to fix one very narrow people ought to have affordable health the vote on the previous question. problem contained within these pages. care in this country. They have spent The SPEAKER pro tempore. Is there It seems to me that there has been countless hours on this floor trying to objection to the request of the gen- ample discussion. A bill was debated repeal a bill that eliminates pre- tleman from Massachusetts? under suspension. It did not receive the existing conditions as a way to deny There was no objection. required two-thirds vote, so it is being people insurance. Mr. MCGOVERN. Again, I would urge brought back today under a rule, and They have been fighting against a my colleagues on the other side of the the minority will have an opportunity bill that helps senior citizens get free aisle, who like to talk about how the to offer an amendment during the mo- preventive care coverage, that helps Republican majority is committed to tion to recommit. This was a closed close that doughnut hole in the Medi- allowing the House to work its will and rule which was very damaging to the care prescription drug bill. They are is committed to an open and trans- country. Today’s closed rule is simply fighting against a bill that has brought parent process, to vote with us on this.

VerDate Mar 15 2010 03:17 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.028 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE H3264 CONGRESSIONAL RECORD — HOUSE April 29, 2014 We have been trying to get the min- one motion to recommit with or without in- cations. It is one of the only available tools imum wage bill to the floor forever, structions. If the Committee of the Whole for those who oppose the Republican major- and we can’t even get it up for a vote rises and reports that it has come to no reso- ity’s agenda and allows those with alter- so that every Member has an oppor- lution on the bill, then on the next legisla- native views the opportunity to offer an al- tive day the House shall, immediately after ternative plan. tunity to vote up or down. This is that the third daily order of business under clause Mr. BURGESS. I yield back the bal- opportunity so that we can have that 1 of rule XIV, resolve into the Committee of vote, a vote to help lift people out of the Whole for further consideration of the ance of my time, and I move the pre- poverty and to help give people an op- bill. vious question on the resolution. portunity to live better lives. SEC. 3. Clause 1(c) of rule XIX shall not The SPEAKER pro tempore. The There are millions of workers in this apply to the consideration of H.R. 1010. question is on ordering the previous country who are working full time— THE VOTE ON THE PREVIOUS QUESTION: WHAT IT question. who are working hard at minimum REALLY MEANS The question was taken; and the wage jobs—and they are still stuck in This vote, the vote on whether to order the Speaker pro tempore announced that previous question on a special rule, is not the ayes appeared to have it. poverty. There are millions and mil- merely a procedural vote. A vote against or- Mr. MCGOVERN. Mr. Speaker, on lions of people in this country who dering the previous question is a vote work hard full time at minimum wage against the Republican majority agenda and that I demand the yeas and nays. jobs, but who earn so little that they a vote to allow the Democratic minority to The yeas and nays were ordered. still qualify for SNAP, and they rely on offer an alternative plan. It is a vote about The SPEAKER pro tempore. Pursu- that program to put food on their ta- what the House should be debating. ant to clause 9 of rule XX, this 15- bles because their paychecks don’t pro- Mr. Clarence Cannon’s Precedents of the minute vote on ordering the previous House of Representatives (VI, 308–311), de- vide enough. question will be followed by a 5-minute scribes the vote on the previous question on vote on adopting House Resolution 555, This is an important issue, and I the rule as ‘‘a motion to direct or control the hope that my colleagues will support consideration of the subject before the House if ordered. me on this. I urge all of my colleagues being made by the Member in charge.’’ To The vote was taken by electronic de- to vote ‘‘no’’ and defeat the previous defeat the previous question is to give the vice, and there were—yeas 226, nays question, and I urge a ‘‘no’’ vote on the opposition a chance to decide the subject be- 189, not voting 16, as follows: rule. fore the House. Cannon cites the Speaker’s [Roll No. 180] I yield back the balance of my time. ruling of January 13, 1920, to the effect that ‘‘the refusal of the House to sustain the de- YEAS—226 Mr. BURGESS. I yield myself the mand for the previous question passes the Aderholt Fortenberry Marino balance of my time. control of the resolution to the opposition’’ Amash Foxx Massie Mr. Speaker, today’s rule provides in order to offer an amendment. On March Amodei Franks (AZ) McAllister for the consideration of a critical bill 15, 1909, a member of the majority party of- Bachmann Frelinghuysen McCarthy (CA) Bachus Gardner McCaul to ensure Americans who are being fered a rule resolution. The House defeated Barletta Garrett McClintock hurt by the Affordable Care Act can the previous question and a member of the Barr Gerlach McHenry have some relief. opposition rose to a parliamentary inquiry, Barton Gibbs McKinley Americans and their families who asking who was entitled to recognition. Benishek Gibson McMorris Bentivolio Gingrey (GA) Rodgers live abroad for part of the year face Speaker Joseph G. Cannon (R–Illinois) said: ‘‘The previous question having been refused, Bilirakis Gohmert Meadows losing this specialized health insurance the gentleman from New York, Mr. Fitz- Bishop (UT) Goodlatte Meehan coverage on which they have come to Black Gosar Messer gerald, who had asked the gentleman to Blackburn Gowdy Mica rely. In addition, the men and women yield to him for an amendment, is entitled to Boustany Granger Miller (FL) who operate on these health care plans the first recognition.’’ Brady (TX) Graves (GA) Miller (MI) face having their jobs outsourced over- The Republican majority may say ‘‘the Bridenstine Graves (MO) Mullin seas in order for companies to comply vote on the previous question is simply a Brooks (AL) Griffith (VA) Mulvaney vote on whether to proceed to an immediate Brooks (IN) Grimm Neugebauer with regulations from the Department vote on adopting the resolution . . . [and] Broun (GA) Guthrie Noem of Health and Human Services. has no substantive legislative or policy im- Buchanan Hall Nugent I certainly want to thank Mr. NUNES plications whatsoever.’’ But that is not what Bucshon Hanna Nunes Burgess Harper Nunnelee and Mr. CARNEY for their thoughtful they have always said. Listen to the Repub- Byrne Harris Olson legislation. For that reason, I urge my lican Leadership Manual on the Legislative Calvert Hartzler Palazzo colleagues to support both the rule and Process in the United States House of Rep- Camp Hastings (WA) Paulsen the underlying bill. resentatives, (6th edition, page 135). Here’s Cantor Heck (NV) Pearce The material previously referred to how the Republicans describe the previous Capito Hensarling Perry question vote in their own manual: ‘‘Al- Carter Herrera Beutler Petri by Mr. MCGOVERN is as follows: though it is generally not possible to amend Cassidy Holding Pittenger AN AMENDMENT TO H. RES. 555 OFFERED BY Chabot Hudson Pitts the rule because the majority Member con- Chaffetz Huelskamp Poe (TX) MR. MCGOVERN OF MASSACHUSETTS trolling the time will not yield for the pur- Coble Huizenga (MI) Pompeo At the end of the resolution, add the fol- pose of offering an amendment, the same re- Coffman Hultgren Posey lowing new sections: sult may be achieved by voting down the pre- Cole Hunter Price (GA) SEC. 2. Immediately upon adoption of this vious question on the rule . . . When the mo- Collins (GA) Hurt Reed resolution the Speaker shall, pursuant to tion for the previous question is defeated, Collins (NY) Issa Reichert clause 2(b) of rule XVIII, declare the House control of the time passes to the Member Conaway Jenkins Renacci resolved into the Committee of the Whole Cook Johnson (OH) Ribble who led the opposition to ordering the pre- Cooper Johnson, Sam Rice (SC) House on the state of the Union for consider- vious question. That Member, because he Costa Jolly Rigell ation of the bill (H.R. 1010) to provide for an then controls the time, may offer an amend- Cotton Jones Roby increase in the Federal minimum wage. The ment to the rule, or yield for the purpose of Cramer Jordan Roe (TN) first reading of the bill shall be dispensed amendment.’’ Crawford Joyce Rogers (AL) with. All points of order against consider- In Deschler’s Procedure in the U.S. House Crenshaw Kelly (PA) Rogers (KY) ation of the bill are waived. General debate of Representatives, the subchapter titled Culberson King (IA) Rogers (MI) shall be confined to the bill and shall not ex- ‘‘Amending Special Rules’’ states: ‘‘a refusal Daines King (NY) Rohrabacher Denham Kingston Rokita ceed one hour equally divided and controlled to order the previous question on such a rule Dent Kinzinger (IL) Rooney by the chair and ranking minority member [a special rule reported from the Committee DeSantis Kline Ros-Lehtinen of the Committee on Education and the on Rules] opens the resolution to amend- DesJarlais Labrador Roskam Workforce. After general debate the bill ment and further debate.’’ (Chapter 21, sec- Diaz-Balart LaMalfa Ross shall be considered for amendment under the tion 21.2) Section 21.3 continues: ‘‘Upon re- Duffy Lamborn Rothfus five-minute rule. All points of order against jection of the motion for the previous ques- Duncan (SC) Lance Royce provisions in the bill are waived. At the con- tion on a resolution reported from the Com- Duncan (TN) Lankford Runyan Ellmers Latham Ryan (WI) clusion of consideration of the bill for mittee on Rules, control shifts to the Mem- Farenthold Latta Salmon amendment the Committee shall rise and re- ber leading the opposition to the previous Fincher LoBiondo Sanford port the bill to the House with such amend- question, who may offer a proper amendment Fitzpatrick Long Scalise ments as may have been adopted. The pre- or motion and who controls the time for de- Fleischmann Lucas Schock vious question shall be considered as ordered bate thereon.’’ Fleming Luetkemeyer Schweikert on the bill and amendments thereto to final Clearly, the vote on the previous question Flores Lummis Scott, Austin passage without intervening motion except on a rule does have substantive policy impli- Forbes Marchant Sensenbrenner

VerDate Mar 15 2010 04:35 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.030 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE April 29, 2014 CONGRESSIONAL RECORD — HOUSE H3265 Sessions Terry Webster (FL) Stated for: Perlmutter Rothfus Thompson (PA) Shimkus Thompson (PA) Wenstrup Perry Royce Thornberry Shuster Thornberry Westmoreland Mr. RODNEY DAVIS of Illinois. Mr. Speak- Peters (CA) Runyan Tiberi Simpson Tiberi Williams er, on rollcall No. 180 I was unavoidably de- Petri Ryan (WI) Tipton Smith (MO) Tipton Wittman tained and did not finish meeting with Chan- Pittenger Salmon Turner Smith (NE) Turner Wolf cellor Phylis Wise in time to get to floor. Had Pitts Sanford Upton Smith (NJ) Upton Poe (TX) Scalise Womack I been present, I would have voted ‘‘yes.’’ Valadao Smith (TX) Valadao Woodall Pompeo Schneider Wagner Southerland Wagner Yoder PERSONAL EXPLANATION Posey Schock Walberg Stewart Walberg Yoho Price (GA) Schweikert Walden Stivers Walden Mr. KIND. Mr. Speaker, I was unable to Young (AK) Reed Scott, Austin Walorski Stockman Walorski have my votes recorded on the House floor on Reichert Sensenbrenner Young (IN) Weber (TX) Stutzman Weber (TX) Renacci Sessions Monday, April 28, 2014 and Tuesday April 29, Webster (FL) Ribble Shimkus NAYS—189 2014. Severe weather in the Midwest can- Wenstrup Rice (SC) Shuster Westmoreland Barber Green, Gene Negrete McLeod celled my flight out of Minneapolis on Monday Rigell Simpson Barrow (GA) Grijalva Nolan afternoon, and again delayed me out of Chi- Roby Sinema Whitfield Bass Gutie´rrez O’Rourke cago on Tuesday morning. Had I been Roe (TN) Smith (MO) Williams Wilson (SC) Beatty Hahn Owens present, I would have voted in favor of H.R. Rogers (AL) Smith (NE) Becerra Hanabusa Pallone Rogers (KY) Smith (NJ) Wittman Bera (CA) Hastings (FL) Pascrell 4192 (roll No. 178) and in favor of H.R. 4120 Rogers (MI) Smith (TX) Wolf Bishop (GA) Heck (WA) Pastor (AZ) (roll No. 179) on Monday, April 28, and Rohrabacher Southerland Womack Bishop (NY) Higgins Payne against H. Res. 555 (roll No. 180) on Tues- Rokita Stewart Woodall Blumenauer Himes Pelosi day, April 29. Rooney Stivers Yoder Bonamici Hinojosa Perlmutter Ros-Lehtinen Stockman Yoho Brady (PA) Holt Peters (CA) The SPEAKER pro tempore. The Roskam Stutzman Young (AK) Braley (IA) Honda Peters (MI) question is on the resolution. Ross Terry Young (IN) Brownley (CA) Horsford Peterson Bustos Hoyer The question was taken; and the Pingree (ME) NOES—181 Butterfield Huffman Speaker pro tempore announced that Capps Israel Pocan the ayes appeared to have it. Barrow (GA) Grayson Nadler Capuano Jackson Lee Polis Bass Green, Al Napolitano Ca´ rdenas Jeffries Price (NC) RECORDED VOTE Beatty Green, Gene Neal Carney Johnson (GA) Quigley Mr. MCGOVERN. Mr. Speaker, I de- Becerra Grijalva Negrete McLeod Carson (IN) Johnson, E. B. Rahall mand a recorded vote. Bera (CA) Gutie´rrez Nolan Cartwright Kaptur Rangel Bishop (GA) Hahn O’Rourke Castor (FL) Keating Roybal-Allard A recorded vote was ordered. Bishop (NY) Hanabusa Pallone Castro (TX) Kelly (IL) Ruiz The SPEAKER pro tempore. This Blumenauer Hastings (FL) Pascrell Chu Kennedy Ruppersberger will be a 5-minute vote. Bonamici Heck (WA) Pastor (AZ) Ryan (OH) Brady (PA) Higgins Cicilline Kildee The vote was taken by electronic de- Payne Clark (MA) Kilmer Sa´ nchez, Linda Braley (IA) Himes Pelosi Clarke (NY) Kirkpatrick T. vice, and there were—ayes 238, noes 181, Brownley (CA) Hinojosa Peters (MI) Clay Kuster Sanchez, Loretta not voting 12, as follows: Bustos Holt Peterson Clyburn Langevin Sarbanes Butterfield Honda [Roll No. 181] Pingree (ME) Cohen Larsen (WA) Schakowsky Capps Horsford Pocan Connolly Larson (CT) Schiff AYES—238 Capuano Hoyer Polis Conyers Lee (CA) Schneider Ca´ rdenas Huffman Aderholt DesJarlais Jones Price (NC) Courtney Levin Schrader Carson (IN) Israel Amash Diaz-Balart Quigley Crowley Lewis Jordan Cartwright Jackson Lee Scott (VA) Amodei Duffy Rahall Cuellar Lipinski Joyce Castor (FL) Jeffries Scott, David Bachmann Duncan (SC) Rangel Cummings Loebsack Kelly (PA) Castro (TX) Johnson (GA) Serrano Bachus Duncan (TN) Roybal-Allard Davis (CA) Lofgren King (IA) Chu Johnson, E. B. Sewell (AL) Barber Ellmers Ruiz Davis, Danny Lowenthal King (NY) Cicilline Kaptur Shea-Porter Barletta Farenthold Ruppersberger DeFazio Lowey Kingston Clark (MA) Keating Sherman Barr Fincher Ryan (OH) DeGette Lujan Grisham Kinzinger (IL) Clarke (NY) Kelly (IL) Sinema Barton Fitzpatrick Sa´ nchez, Linda Delaney (NM) Kline Clay Kennedy Sires Benishek Fleischmann T. DeLauro Luja´ n, Ben Ray Labrador Cleaver Kildee Slaughter Bentivolio Fleming Sanchez, Loretta DelBene (NM) LaMalfa Clyburn Kilmer Smith (WA) Bilirakis Flores Sarbanes Deutch Lynch Lamborn Cohen Kind Speier Bishop (UT) Forbes Schakowsky Dingell Maffei Lance Connolly Kirkpatrick Swalwell (CA) Black Fortenberry Schiff Doggett Maloney, Lankford Conyers Kuster Takano Blackburn Foxx Schrader Doyle Carolyn Larson (CT) Courtney Langevin Thompson (CA) Boustany Franks (AZ) Scott (VA) Duckworth Maloney, Sean Latham Crowley Larsen (WA) Thompson (MS) Brady (TX) Frelinghuysen Scott, David Edwards Matheson Latta Cuellar Lee (CA) Bridenstine Gardner Serrano Ellison Matsui Tierney LoBiondo Cummings Levin Brooks (AL) Garrett Sewell (AL) Engel McCollum Titus Long Davis (CA) Lewis Brooks (IN) Gerlach Shea-Porter Enyart McDermott Tonko Lucas Davis, Danny Lipinski Broun (GA) Gibbs Sherman Eshoo McGovern Tsongas Luetkemeyer DeFazio Loebsack Buchanan Gibson Esty McIntyre Van Hollen Lummis DeGette Lofgren Sires Bucshon Gingrey (GA) Farr McNerney Vargas Marchant Delaney Lowenthal Slaughter Burgess Gohmert Fattah Meeks Veasey Marino DeLauro Lowey Smith (WA) Byrne Goodlatte Foster Meng Vela Massie DelBene Lujan Grisham Speier Calvert Gosar Frankel (FL) Michaud Vela´ zquez McAllister Deutch (NM) Swalwell (CA) Camp Gowdy Fudge Miller, George Visclosky McCarthy (CA) Dingell Luja´ n, Ben Ray Takano Cantor Granger Gabbard Moore Walz McCaul Doggett (NM) Thompson (CA) Capito Graves (GA) Gallego Moran Waters McClintock Doyle Lynch Thompson (MS) Carney Graves (MO) Garamendi Murphy (FL) Waxman McHenry Duckworth Maffei Tierney Carter Griffith (VA) Garcia Nadler Welch McIntyre Edwards Maloney, Titus Cassidy Grimm Grayson Napolitano Wilson (FL) McKinley Ellison Carolyn Tonko Chabot Guthrie McMorris Green, Al Neal Yarmuth Engel Maloney, Sean Tsongas Chaffetz Hall Rodgers Enyart Matheson Van Hollen NOT VOTING—16 Coble Hanna Meadows Eshoo Matsui Vargas Coffman Harper Meehan Brown (FL) McCarthy (NY) Schwartz Esty McCollum Veasey Cole Harris Messer Campbell McKeon Wasserman Farr McDermott Vela Collins (GA) Hartzler Mica ´ Cleaver Miller, Gary Fattah McGovern Velazquez Schultz Collins (NY) Hastings (WA) Miller (FL) Davis, Rodney Murphy (PA) Foster McNerney Visclosky Whitfield Conaway Heck (NV) Miller (MI) Griffin (AR) Richmond Frankel (FL) Meeks Walz Wilson (SC) Cook Herrera Beutler Mullin Kind Rush Fudge Meng Waters Cooper Holding Mulvaney Gabbard Michaud Waxman b 1418 Costa Hudson Murphy (FL) Gallego Miller, George Welch Cotton Huelskamp Neugebauer Garamendi Moore Wilson (FL) Messrs. CARSON of Indiana and CAS- Cramer Huizenga (MI) Noem Garcia Moran Yarmuth TRO of Texas, Ms. SINEMA, Messrs. Crawford Hultgren Nugent Crenshaw Hunter Nunes NOT VOTING—12 ISRAEL and CARNEY changed their Culberson Hurt Nunnelee vote from ‘‘yea’’ to ‘‘nay.’’ Daines Issa Olson Brown (FL) McKeon Schwartz So the previous question was ordered. Davis, Rodney Jenkins Owens Campbell Miller, Gary Wasserman Denham Johnson (OH) Palazzo Griffin (AR) Murphy (PA) Schultz The result of the vote was announced Dent Johnson, Sam Paulsen Hensarling Richmond as above recorded. DeSantis Jolly Pearce McCarthy (NY) Rush

VerDate Mar 15 2010 03:17 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A29AP7.020 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE H3266 CONGRESSIONAL RECORD — HOUSE April 29, 2014 b 1425 such issuer for such year, less the amount of (II) call centers in more than one country premiums for expatriate health plans taken and accepts calls from customers in multiple So the resolution was agreed to. into account under such section with respect languages; and The result of the vote was announced to such issuer for such year, bears to (ii) offers reimbursements for items or as above recorded. (B) the amount of premiums taken into ac- services under such plan or coverage in more A motion to reconsider was laid on count under such section with respect to than two currencies. the table. such issuer for such year. (G) The plan or coverage, and the plan sponsor or expatriate health insurance issuer f (d) DEFINITIONS.—In this section: (1) EXPATRIATE HEALTH INSURANCE with respect to such plan or coverage, satis- EXPATRIATE HEALTH COVERAGE ISSUER.—The term ‘‘expatriate health insur- fies the provisions of title XXVII of the Pub- CLARIFICATION ACT OF 2014 ance issuer’’ means a health insurance issuer lic Health Service Act (42 U.S.C. 300gg et that issues expatriate health plans. seq.), chapter 100 of the Internal Revenue Mr. NUNES. Mr. Speaker, pursuant Code of 1986, and part 7 of subtitle B of title (2) EXPATRIATE HEALTH PLAN.—The term to House Resolution 555, I call up the I of the Employee Retirement Income Secu- bill (H.R. 4414) to clarify the treatment ‘‘expatriate health plan’’ means a group health plan, health insurance coverage of- rity Act of 1974 (29 U.S.C. 1181 et seq.), which under the Patient Protection and Af- fered in connection with a group health plan, would otherwise apply to such a plan or cov- erage, and sponsor or issuer, if not for the fordable Care Act of health plans in or health insurance coverage offered to a enactment of the Patient Protection and Af- which expatriates are the primary en- group of individuals described in paragraph fordable Care Act and title I and subtitle B rollees, and for other purposes, and ask (3)(B) (which may include dependents of such of title II of the Health Care and Education individuals) that meets each of the following for its immediate consideration. Reconciliation Act of 2010. standards: The Clerk read the title of the bill. (3) QUALIFIED EXPATRIATE.—The term (A) Substantially all of the primary enroll- The SPEAKER pro tempore (Mr. ‘‘qualified expatriate’’ means any of the fol- ees in such plan or coverage are qualified ex- HARRIS). Pursuant to House Resolution lowing individuals: patriates, with respect to such plan or cov- 555, the amendment printed in House (A) WORKERS.—An individual who is a par- erage. In applying the previous sentence, an ticipant in a group health plan, who is an Report 113–422 is considered adopted, individual shall not be taken into account as and the bill, as amended, is considered alien residing outside the United States, a a primary enrollee if the individual is not a national of the United States, lawful perma- read. national of the United States and resides in nent resident, or nonimmigrant for whom The text of the bill, as amended, is as the country of which the individual is a cit- there is a good faith expectation by the plan follows: izen. sponsor of the plan that, in connection with (B) Substantially all of the benefits pro- H.R. 4414 the individual’s employment, the individual vided under the plan or coverage are not ex- Be it enacted by the Senate and House of Rep- is abroad for a total of not less than 180 days cepted benefits described in section 9832(c) of during any period of 12 consecutive months. resentatives of the United States of America in the Internal Revenue Code of 1986. Congress assembled, (B) OTHER INDIVIDUALS ABROAD.—An indi- (C) The plan or coverage provides benefits vidual, such as a student or religious mis- SECTION 1. SHORT TITLE. for items and services, in excess of emer- sionary, who is abroad, and who is a member This Act may be cited as the ‘‘Expatriate gency care, furnished by health care pro- of a group determined appropriate by the Health Coverage Clarification Act of 2014’’. viders— Secretary of Health and Human Services, in SEC. 2. TREATMENT OF EXPATRIATE HEALTH (i) in the case of individuals described in consultation with the Secretary of the PLANS UNDER ACA. paragraph (3)(A), in the country or countries Treasury and the Secretary of Labor. (a) IN GENERAL.—Subject to subsection (b), in which the individual is present in connec- (4) QUALIFYING MINIMUM VALUE DOMESTIC the provisions of (including any amendment tion with the individual’s employment, and GROUP HEALTH PLAN.—The term ‘‘qualifying made by) the Patient Protection and Afford- such other country or countries as the Sec- minimum value domestic group health plan’’ able Care Act (Public Law 111–148) and of retary of Health and Human Services, in con- means a group health plan that is offered in title I and subtitle B of title II of the Health sultation with the Secretary of the Treasury the United States that meets the following Care and Education Reconciliation Act of and the Secretary of Labor, may designate; requirements: 2010 (Public Law 111–152) shall not apply with or (A) Substantially all of the primary enroll- respect to— (ii) in the case of individuals described in ees in the plan are not qualified expatriates, (1) expatriate health plans; paragraph (3)(B), in the country or countries with respect to such plan. (2) employers with respect to any such as the Secretary of Health and Human Serv- (B) Substantially all of the benefits pro- plans for which such employers are acting as ices, in consultation with the Secretary of vided under the plan are not excepted bene- plan sponsors; or the Treasury and the Secretary of Labor, fits described in section 9832(c) of the Inter- (3) expatriate health insurance issuers with may designate. nal Revenue Code of 1986. respect to coverage offered by such issuers (D) In the case of an expatriate health plan (C) The application of section under such plans. that is a group health plan offered by a plan 36B(c)(2)(C)(ii) of such Code to such plan (b) MINIMUM ESSENTIAL COVERAGE AND ELI- sponsor that— would not prevent an employee eligible for GIBLE EMPLOYER-SPONSORED PLAN.—For pur- (i) also offers a qualifying minimum value coverage under such plan from being treated poses of section 5000A(f) of the Internal Rev- domestic group health plan, the plan sponsor as eligible for minimum essential coverage enue Code of 1986, and any other section of reasonably believes that the benefits pro- for purposes of section 36B(c)(2)(B) of such the Internal Revenue Code of 1986 that incor- vided by the expatriate health plan are actu- Code. porates the definition of minimum essential arially similar to, or better than, the bene- (5) ABROAD.— coverage provided under such section fits provided under a qualifying minimum (A) UNITED STATES NATIONALS.— 5000A(f) by reference, coverage under an ex- value domestic group health plan offered by (i) IN GENERAL.—Except as provided in patriate health plan shall be deemed to be that plan sponsor; or clause (ii), for purposes of applying para- minimum essential coverage under an eligi- (ii) does not also offer a qualifying min- graph (3) to a national of the United States, ble employer-sponsored plan as defined in imum value domestic group health plan, the the term ‘‘abroad’’ means outside the 50 paragraph (2) of such section. plan sponsor reasonably believes that the States, the District of Columbia, and Puerto (c) QUALIFIED EXPATRIATES AND DEPEND- benefits provided by the expatriate health Rico. ENTS NOT UNITED STATES HEALTH RISK.— plan are actuarially similar to, or better (ii) SPECIAL RULE.—For purposes of apply- (1) IN GENERAL.—For purposes of section than, the benefits provided under a quali- ing paragraph (3) to a national of the United 9010 of the Patient Protection and Affordable fying minimum value domestic group health States who resides in the United States Vir- Care Act (26 U.S.C. 4001 note prec.), for cal- plan. gin Islands, the Commonwealth of the North- endar years after 2014, a qualified expatriate (E) If the plan or coverage provides depend- ern Mariana Islands, American Samoa, or (and any dependent of such individual) en- ent coverage of children, the plan or cov- Guam, the term ‘‘abroad’’ means outside of rolled in an expatriate health plan shall not erage makes such dependent coverage avail- the 50 States, the District of Columbia, Puer- be considered a United States health risk. able for adult children until the adult child to Rico, and such territory or possession. (2) SPECIAL RULE FOR 2014.—The fee under turns 26 years of age, unless such individual (B) FOREIGN CITIZENS.—For purposes of ap- section 9010 of such Act for calendar year is the child of a child receiving dependent plying paragraph (3) to an individual who is 2014 with respect to any expatriate health in- coverage. not a national of the United States, the term surance issuer shall be the amount which (F) The plan or coverage— ‘‘abroad’’ means outside of the country of bears the same ratio to the fee amount de- (i) is issued by an expatriate health plan which that individual is a citizen. termined by the Secretary of the Treasury issuer, or administered by an administrator, (6) UNITED STATES.—The term ‘‘United with respect to such issuer under such sec- that maintains, with respect to such plan or States’’ means the 50 States, the District of tion for such year (determined without re- coverage— Columbia, Puerto Rico, the United States gard to this paragraph) as— (I) network provider agreements with Virgin Islands, the Commonwealth of the (A) the amount of premiums taken into ac- health care providers that are outside of the Northern Mariana Islands, American Samoa, count under such section with respect to United States; and and Guam.

VerDate Mar 15 2010 03:17 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.035 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE April 29, 2014 CONGRESSIONAL RECORD — HOUSE H3267 (7) MISCELLANEOUS TERMS.— the possible abuse of the expatriate ex- coverage due to a preexisting medical (A) GROUP HEALTH PLAN; HEALTH INSURANCE emption in the future. condition now have access to coverage, COVERAGE; HEALTH INSURANCE ISSUER; PLAN Finally, Mr. Speaker, the bill now and that may well not continue. SPONSOR.—The terms ‘‘group health plan’’, makes explicit that the expatriate So the administration concludes it ‘‘health insurance coverage’’, ‘‘health insur- plans must continue to comply with ance issuer’’, and ‘‘plan sponsor’’ have the remains willing to work with Congress meanings given those terms in section 2791 of relevant laws enacted prior to ACA, to improve H.R. 4414 to address those the Public Health Service Act (42 U.S.C. specifically ERISA and the Public issues and to maintain basic consumer 300gg–91), except that in applying such terms Health Service Act. protections for all workers. There are under this section the term ‘‘health insur- Mr. Speaker, this bill is a good bill. straightforward changes to the legisla- ance issuer’’ includes a foreign corporation It is a bipartisan bill, and I urge the tion, which we have shared with the which is predominantly engaged in an insur- support of the House. Congress, that would satisfy these ance business and which would be subject to I reserve the balance of my time. goals, and the Congress should pursue a tax under subchapter L of chapter 1 of the Mr. LEVIN. Mr. Speaker, I yield my- Internal Revenue Code of 1986 if it were a do- solution. self such time as I shall consume. Unfortunately, because of this rule, mestic corporation. There is no doubt about where Demo- we cannot propose an amendment (B) FOREIGN STATE; NATIONAL OF THE crats stand. We have taken the lead to which would essentially implement UNITED STATES; NONIMMIGRANT; RESIDE; LAW- make sure there is no offshoring, and FUL PERMANENT RESIDENT.—The terms ‘‘na- these proposals from the administra- there has been a good faith effort here, tional of the United States’’, and ‘‘non- tion that they have shared with the up to a point. Surely, that has been immigrant’’ have the meaning given such Congress. That is why I, unfortunately, true of Mr. CARNEY in all of his efforts, terms in section 101(a) of the Immigration have no choice but to suggest a ‘‘no’’ and Nationality Act (8 U.S.C. 1101(a)), the working with Mr. NUNES. vote on the floor of this House. term ‘‘reside’’ means having a residence But the problem is that there remain Mr. Speaker, I reserve the balance of (within the meaning of such term in such some serious shortcomings in this bill, my time. section), and the term ‘‘lawful permanent and unfortunately, we cannot try to Mr. NUNES. Mr. Speaker, at this resident’’ means an alien lawfully admitted remedy it through an amendment, so time, I yield 2 minutes to the gen- for permanent residence (as defined in such the notion there is an open process section). tleman from Ohio (Mr. RENACCI), a here isn’t correct. The SPEAKER pro tempore. The gen- The definition of expatriate has been member of the Ways and Means Com- tleman from California (Mr. NUNES) tightened. I think there remain some mittee. and the gentleman from Michigan (Mr. issues, at least one regarding it; but Mr. RENACCI. Mr. Speaker, I rise LEVIN) each will control 30 minutes. the major problem relates to the lan- today in support of H.R. 4414, the Expa- The Chair recognizes the gentleman guage and how it would impact, poten- triate Health Coverage Clarification from California (Mr. NUNES). tially, health insurance for an esti- Act, a bill introduced by my good GENERAL LEAVE mated 13 million legal permanent resi- friend, JOHN CARNEY. When Mr. CARNEY and I first came to Mr. NUNES. Mr. Speaker, I ask unan- dents and others who are lawfully Congress, we looked around in search imous consent that all Members may present foreign workers in the U.S. have 5 legislative days in which to re- Let me just give you examples of of others who, like us, were interested vise and extend their remarks and to where the standards remain weak. For in finding common ground. Mr. CARNEY include extraneous material on H.R. example, under this legislation, expat and I now meet regularly for breakfast 4414. plans would have dispensation to be with a group of Members from both The SPEAKER pro tempore. Is there weaker than other employer plans in sides of the aisle. objection to the request of the gen- this country. We come together to discuss com- tleman from California? They could, for example, impose cost monsense ways to solve our Nation’s There was no objection. sharing on preventive benefits. They problems that Members on both sides Mr. NUNES. Mr. Speaker, I yield my- could impose annual and lifetime lim- of the aisle can get behind. The bill self such time as I may consume. its on coverage. They could impose un- that is on the floor today is an example Mr. Speaker, the bill before the duly long waiting periods. of this type of commonsense approach House today comes down to one simple Indeed, the only ACA provision that to making policy. question: Will we allow American com- would clearly remain in effect would be The purpose of the bill is to fix a panies to offer expatriate plans or will that they would have to offer coverage problem created by the President’s we force the offshoring of these plans? to young adults under 26. health care law. If we don’t fix it, 1,200 Will we support employment in Amer- So the bottom line is, unfortunately, jobs will be lost across the country. ica or stimulate employment overseas? that the legislation, in its present Mr. CARNEY and I may not agree on Mr. CARNEY and I have worked care- form, could substantially undermine everything. In fact, the President’s fully and in good faith on a bipartisan health security for foreign workers, as health care law is one thing we dis- basis to craft a bill that is limited in well as American dependents who re- agree on; but we do agree this specific scope while at the same time remain- main in this country. provision is another example of one of ing true to our commitment to save Also, what it does is provide unprece- the law’s unintended consequences. American jobs. dented special treatment for these This bill before us today will keep There have been a few changes to the plans in terms of exempting them from America competitive and save Amer- bill since a bipartisan majority of the financing mechanisms. ican jobs. I encourage my colleagues on House supported it a few weeks ago. We Let me say further, as we found out both sides of the aisle to support this clarified that an expatriate plan must from the Joint Tax Committee and important legislation. be a comprehensive health care health CBO, they confirm this bill would Mr. LEVIN. Mr. Speaker, I yield 4 plan and not a mini-med or other sub- cause some employers who would offer minutes to the gentleman from Dela- standard plan. ACA-compliant plans under present ware (Mr. CARNEY), a colleague and law to offer less generous expatriate friend who is a sponsor of this legisla- 1430 b plans that are no longer subject to the tion. We tightened the definition of an ex- ACA. This is the reason the adminis- Mr. CARNEY. Mr. Speaker, last patriate. The bill says that an expa- tration issued, I think just today, a week, when I was back home in my dis- triate must be abroad for at least 6 Statement of Administration Policy, trict in Delaware getting a workout at months. This is a much tougher stand- and they say they do not support H.R. the YMCA in my hometown of Wil- ard, and it will guard against potential 4414. mington, a man came up to me as I was abuse. The ACA gives people, it continues, on the exercise bike and said: Excuse The bill now also requires an expa- greater control over their health care; me, do you mind if I interrupt? triate plan to offer reimbursements in and what they say is that this is not I said: Of course not, I work for you. more than two currencies. Plans meet true sufficiently in this case. He said: I wanted to see if you know this requirement today, but the addi- It says, because of the ACA, Ameri- about the status of H.R. 4414 because I tion of this provision protects against cans who have previously been denied write expatriate health insurance plans

VerDate Mar 15 2010 03:17 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A29AP7.023 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE H3268 CONGRESSIONAL RECORD — HOUSE April 29, 2014 for Cigna, and I don’t want to lose my ity plans. Our bill now requires expat Delaware and Representative NUNES of job. plans to meet the same value standard California, for taking the initiative to Losing even one job like this in my as any other employer-based plan craft this really important piece of leg- State keeps me up at night. The pros- under the ACA, and if the plan doesn’t islation. pect of losing 500 jobs is a punch to the meet that standard, the expat can use I also know it is really difficult to gut. That is how many jobs we will lose subsidies to buy coverage on the ex- look at any bill dealing with the health in my home State of Delaware if we change, just like any other American. care law without considering the don’t pass this bill on the floor today. We heard concerns that the defini- broader context of the law. However, it I am a strong supporter of the Afford- tion of an expat was too broad, that it is also difficult to look at the state of able Care Act, so are a lot of people in could be taken advantage of. We our economy today and be nonchalant my State; but no law is perfect, and in changed that definition, tightened it about the fact that 1,200 of our fellow a law as important, as complicated, up, and it is identical to the HHS regu- Americans stand to lose their jobs if we and as technical as the Affordable Care lations today. don’t act and pass this legislation. Act, there are bound to be a few things We now make explicit that expat Many of those folks live in the State that needed to be fixed. plans must follow all ERISA and Pub- of Delaware. Many of them live in the The ACA was unintentionally writ- lic Health Service Act requirements State of Pennsylvania, just over the ten in a way that subjects U.S. expa- that were in place before the ACA. Delaware State line. So our constitu- triate health insurance plans to all the We have been working on this issue ents are hearing about it, just like the provisions of the ACA, which places a for 3 years. The crafting of this bill has story you heard from Mr. CARNEY and unique burden on these types of plans. been a more collaborative bipartisan he is stopped by his constituents. We Expatriate health insurance plans process than I think this Chamber has are hearing about this at home. offer a high-end, robust coverage to seen in quite a while, and I want to So that is really what this bill intro- people working outside their home thank my friends and colleagues on duced by Mr. CARNEY and Mr. NUNES country, giving them access to a global both sides of the aisle for that effort. does. It saves jobs, it is that simple, network of health care providers. Indi- This bill isn’t perfect. The Affordable and it does so without jeopardizing viduals on the plan could be foreign Care Act wasn’t perfect. No bill is per- anybody’s health care. employees working here in America, fect, but if there was ever a case where No one is going to be affected by this Americans working abroad, or, say, a the perfect was being made the enemy in a negative way. The bill on the floor German working in France. Expatriate plans ensure that these of the good, we are hearing it from my today simply allows American compa- employees have worldwide access to colleagues today. nies to continue selling insurance to quality health care while working out- The SPEAKER pro tempore. The people who live and work overseas, side their home country. time of the gentleman has expired. many of our neighbors and friends. Several U.S. health insurance compa- Mr. LEVIN. I yield the gentleman an That happens to them. additional minute. nies—Cigna, MetLife, Aetna, and b 1445 United Health—offer expatriate health Mr. CARNEY. So if we don’t pass this If we don’t pass this bill, the business insurance plans. These insurance com- legislation today, people who have ex- will go to foreign insurance companies panies compete with foreign insurance patriate plans and the companies that who will be selling these plans and pos- companies that also sell the same kind offer them will continue to do so. The sibly getting many of these jobs. Why of plan. The issue is these foreign plans question is whether they will do so would we want to do that? More impor- don’t have to comply with the ACA. here in the United States and keeping Forcing U.S. expatriate insurance those workers here or whether they tantly, why would we even allow that? plans to comply with the ACA thereby will move those operations overseas. So this bill represents a very narrow gives their foreign competitors a dis- I understand, as well as anyone, that change to the law and saves jobs. This tinct advantage. As a result, to stay the ACA is a political weapon in a larg- bill simply amends the law. It does not competitive, a U.S. expatriate insurer er political war on both sides of the end the law. This is not a partisan bill. will move their business overseas, tak- aisle. All I am asking today is that we This bill is a vote to keep jobs here in ing the jobs with them; and that is why take actions so that 500 hard-working America and Pennsylvania and Dela- I am here on the floor today. Americans in my district don’t become ware and California and other places The good news is that we have bipar- collateral damage in that partisan po- and would take sensible steps to fix a tisan legislation here today that will litical fight. Let’s call a temporary law that we all know needs to be fixed. level the playing field. In fact, the ad- truce in that battle today to protect Again, I know it is difficult, but we ministration has already provided tem- those jobs. need to focus on the trees here and porary relief for expatriate plans from Finally, I want to thank my col- look past the forest, so to speak, on nearly every Affordable Care Act provi- league, Congressman NUNES, and the this bill. We need to take action and sion that has gone into effect so far. Ways and Means staff on both sides of save jobs for American workers. And The problem is this relief is only par- the aisle for their hard work on this most important of all, we need to dem- tial and only temporary. The adminis- issue, and I want to thank leadership onstrate to the American people that tration can’t make this relief without on both sides of the aisle for recog- we can work together to solve very spe- this legislative fix. nizing this is a very serious problem cific problems that need to be fixed. Our legislation ensures that Amer- that needs fixing. That is what we are doing. That is why ican expatriate insurance carriers are I ask my colleagues on both sides of everybody, whether you are a Repub- on a level playing field with their for- the aisle to support us and vote ‘‘yes’’ lican or a Democrat, should stand up eign competitors, so that American on this legislation today. Vote ‘‘yes’’ and enthusiastically support this bill jobs stay here in America. on H.R. 4414. that will not harm anyone’s health Many of you know that this is our Mr. NUNES. Mr. Speaker, at this care and will save American jobs. second go-round at this legislation. time, I yield 3 minutes to the gen- Mr. LEVIN. It is now my pleasure to Over the past few weeks, we have tleman from Pennsylvania (Mr. DENT). yield 4 minutes to the gentleman from worked painstakingly to improve our Mr. DENT. Mr. Speaker, I rise today California (Mr. WAXMAN), the ranking bill, and we have. in strong support of H.R. 4414, the Ex- member of the Committee on Energy We are confident that our original patriate Health Care Coverage Clari- and Commerce. version of the bill wouldn’t have nega- fication Act. Mr. WAXMAN. I thank the gen- tively impacted green card holders or I do want to point out that the Amer- tleman for yielding to me. create loopholes in the ACA, but we ican people do expect us to work to- Mr. Speaker, my colleagues, this is a have worked hard over the past few gether in a responsible manner to solve bill that could have been worked out. weeks to address the concerns we real problems, and that is what this This is a bill that could have accom- heard. bill we are talking about today does. plished the purpose that I know that We heard concerns the bill would let I certainly want to thank my col- our colleague from Delaware wants to insurance companies create low-qual- leagues, Representative CARNEY of see put into place, and I applaud him

VerDate Mar 15 2010 03:17 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.039 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE April 29, 2014 CONGRESSIONAL RECORD — HOUSE H3269 for working hard to improve the bill There have been productive negotia- concerns as proponents of the ACA; the under very difficult circumstances. tions on the legislation in recent days. White House understood that Cigna In trying to allow the American in- We need to reach an agreement, and we had real and legitimate concerns about surance companies to sell policies to should bring that compromise to the their business and their jobs. expats, we could craft a bill that is nar- House floor; but without that com- So the progress is reflected in this row, but we are not getting coopera- promise, I don’t feel I can vote for the bill. There is now a debate about tion to get to that point. The reason we bill as it presently stands. There are whether that is enough progress. So we are not getting cooperation is we are these two glaring problems that need have to make a decision: Do we wait told we must pass a bill right away. to be fixed; and without it, we will not and try to keep negotiating here or do Well, we were told that 2 weeks ago know if those expatriate plans really we move it on to the Senate? when we had the bill under suspension, are the high quality they claim to be, In my view, we move it on to the and we couldn’t consider any amend- and we will not know if legal residents Senate, partly because, as Mr. NUNES ments under suspension. Now we have of the United States will be able to get said, we have been grappling with this the bill under a rule. Oh, and the rule the kind of high-quality plan that ev- for 3 to 4 years. Second, we have got provides for no amendments either. erybody else in the United States will ACA supporters—and this gives me There is a bill to be crafted, but this have. comfort—on the Senate side, Senator bill before us does not accomplish the So I urge a ‘‘no’’ vote and suggest CARPER and Senator COONS from Dela- goal in a way that really doesn’t hurt that we get back to the negotiating ware, who are committed to making some people’s insurance coverage. table. certain that the fix doesn’t com- There are still two major problems Mr. NUNES. Mr. Speaker, I yield my- promise the health care bill. That is with the legislation before us today. self 14 seconds. important to folks like me who voted First, it does not have enough safe- Mr. Speaker, we have waited for 4 for the ACA. guards to guarantee that these expa- years. For 4 years, we have been trying So this is a practical step that we triate plans are high quality, and the to fix this problem. Four years, time is can take, working together in order to second issue is the bill creates prob- up. We have got to pass this bill and save jobs without compromising the lems for millions of other people who send it to the Senate so that it can be underlying legislation. are legal permanent residents here in signed into law. Mr. NUNES. Mr. Speaker, I yield my- the United States and others working I will continue to reserve the balance self 21 seconds. in this country who are currently pro- of my time. Mr. Speaker, I would like to submit tected by the Affordable Care Act. Mr. LEVIN. I now yield 2 minutes to for the RECORD three letters: one from On the first issue, the insurers tell us the gentleman from Vermont (Mr. the Council for Affordable Health Cov- that their expatriate plans are going to WELCH). erage in support of our bill, the other be extremely generous. They say they Mr. WELCH. Mr. Speaker, I support from the National Association of cover people in dozens of countries this bill. Health Underwriters in support of our around the world and they have com- There are really two issues at stake. bill, and the last one from the Business prehensive benefits, but we don’t see One is preserving the integrity of the Roundtable in support of our bill. any language to verify that claim. Sup- ACA, the Obama health care bill. There COUNCIL FOR AFFORDABLE porters of the bill claim to guarantee is huge division in this Congress as to HEALTH COVERAGE, the plans are as high quality as the in- whether that bill should have been April 29, 2014. surers say they are. But it is one thing passed. It was passed. But there is Hon. JOHN CARNEY, to say that their plans will be of high unity of purpose now that where there Longworth House Office Building, quality; it is another thing to actually is an identified problem, we should fix Washington, DC. Hon. DEVIN NUNES, require them to offer comprehensive it rather than just having the ideolog- Longworth House Office Building, benefits. As President Reagan used to ical battle about whether the law Washington, DC. say, ‘‘Trust, but verify.’’ should have been passed in the first DEAR CONGRESSMEN CARNEY AND NUNES: We The second issue has nothing to do place. That is actually progress be- write to endorse H.R. 4414, the Expatriate with the expatriate plans and the com- cause, as my friend from Pennsylvania Health Coverage Clarification Act of 2014. We panies that are threatening to shut said, there is a legitimate expectation strongly support this modification of the Af- down their operations here in the on the part of the people we represent fordable Care Act (ACA) because it will pre- United States. It has to do with mil- to solve concrete, discrete problems vent Americans workers abroad and Amer- ican companies providing health coverage lions of other people who are legal per- when, in the solving of them, we are internationally from being disadvantaged manent residents and workers on visas going to keep 1,200 people working. And compared to their foreign counterparts. who currently benefit from the ACA’s that is the real goal of this. Employers are not alone in their concerns protections. But this bill creates a Is there a way where both sides— about the application of the ACA to expatri- loophole that could allow these people those who agree with the health care ates. The Department of Labor in a Fre- to be sold plans here in the United bill and those who disagree with it— quently Asked Questions document stated, States that do not meet ACA stand- can come together with a narrow fix ‘‘The Departments recognize that expatriate that allows 1,200 people—500 in Dela- health plans may face special challenges in ards. That is why a lot of people look- complying with certain provisions of the Af- ing at this legislation are saying—such ware and 700 in other parts of the coun- fordable Care Act. In particular, challenges as major labor unions, immigration ad- try—to keep doing their work? And, of in reconciling and coordinating the multiple vocacy organizations—that this bill is course, we can. regulatory regimes that apply to expatriate not one they can support, and they There is a second question that has health plans might make it impossible or urge that we vote against it. come up, and that is whether this bill impracticable to comply with all the rel- So I think we can fix both of those right now goes as far as it needs to go. evant rules at least in the near term.’’ The issues. We should have fixed both of Is this crafted as well as it needs to be Center Consumer Information and Insurance those issues before this bill was crafted? And that is debatable. The Oversight (CCIIO) concurred with the De- partment of Labor by posting the same docu- brought up on the House floor. But as points that the gentleman from Cali- ment on their website. it stands, we don’t know if the Senate fornia (Mr. WAXMAN) made were heart- It is clear that the ACA never envisioned can pass any bill, and I don’t believe felt, but there has been real progress the impact of the law on expatriate plans. the President can sign this bill. because there has been engagement. For example, CCIIO and the Department of My colleague from Delaware and my You have had Mr. CARNEY and Mr. Labor used the following example to illus- other colleagues have already helped NUNES working very closely with col- trate the impracticality of applying the ACA make important improvements for the leagues on both of their sides to deal to expatriate plans. ‘‘For example, inde- bill. Changing the definition of an ex- with practical issues that have come pendent review organizations may not exist abroad, and it may be difficult for certain patriate to someone who is outside of up. You have had the White House preventive services to be provided, or even be the country for 6 months is an impor- meeting with Cigna, and both sides un- identified as preventive, when such services tant step. We should continue to make derstood. Cigna understood that the are provided outside the United States by progress. White House had had some legitimate clinical providers that use different code sets

VerDate Mar 15 2010 03:17 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.041 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE H3270 CONGRESSIONAL RECORD — HOUSE April 29, 2014 and medical terminology to identify serv- BUSINESS ROUNDTABLE, BECERRA), a member of our committee ices.’’ Washington, DC, April 28, 2014. and also the chair of our Caucus. Because of the challenges and Hon. HARRY REID, Mr. BECERRA. I thank the gen- impracticalities associated with this aspect Majority Leader, U.S. Senate, of the Affordable Care Act, we urge you to tleman for yielding me the time. Washington, DC. Mr. Speaker, let me say in advance quickly pass this legislation to protect Hon. MITCH MCCONNELL, American workers abroad and American in- Minority Leader, U.S. Senate, that I appreciate the work that has surers selling insurance on the international Washington, DC. been done by any number of Members market. Hon. JOHN BOEHNER, with regard to this legislation. Many Sincerely, Speaker, House of Representatives, people have engaged in a good faith ef- Communicating for America; Washington, DC. Council for Affordable Health Coverage; fort to try to find an acceptable solu- National Association of Health Under- Hon. NANCY PELOSI, tion that resolves issues which are le- writers; Minority Leader, House of Representatives, gitimate and have raised a concern for National Retail Federation; Washington, DC. a lot of us with regard to how we move DEAR LEADERS: The Business Roundtable Retail Industry Leaders Association; forward with the Affordable Care Act Small Business & Entrepreneurship Coun- encourages you to support legislation that cil; and does not apply Affordable Care Act (ACA) re- and make sure that not only Ameri- U.S Chamber of Commerce. quirements upon employer-sponsored health cans are covered, but that our compa- care coverage for those employees and their nies can continue to offer insurance NATIONAL ASSOCIATION OF families who work outside of the United coverage for those Americans that are HEALTH UNDERWRITERS, States. Business Roundtable is an associa- not only affordable but have high qual- tion of chief executive officers of leading Washington, DC, April 28, 2014. ity. Congressman JOHN CARNEY, U.S. companies with $7.4 trillion in annual revenues and more than 16 million employ- And many of us have recognized that Longworth House Office Building, in the case of Americans who are out of Washington, DC. ees. DEAR CONGRESSMAN CARNEY: On behalf of Business Roundtable companies provide the country for more time than they the National Association of Health Under- health coverage to over 40 million Americans are in the country in a year, that we writers (NAHU), representing 100,000 licensed around the globe. We consider our employees may have to make some exceptions for agents and brokers who are engaged in the to be among our strongest competitive as- them so that the company that is offer- sale and service of health insurance and sets and are committed to a benefits strat- egy that enhances their health, well-being, ing them health insurance can offer a other ancillary products and serving employ- policy that is competitive. We don’t ers and consumers around the country, I and sense of security wherever they may be. want to commend you on your efforts to pass We have also advocated for reforms that will want to price out our American compa- the Expatriate Health Coverage Clarification improve quality and make health care more nies that offer health insurance cov- Act as amended. affordable and more efficient. erage simply because they are trying NAHU members work to help millions of As companies expand operations inter- to meet domestic care standards for employers of all sizes finance administer and nationally, we face challenges in a global competitive environment, one of which is the health care that are required as a re- utilize their group health benefit plans on a sult of the Affordable Care Act but daily basis. Expatriate health insurance application of ACA requirements to our glob- plans offer high-end, robust coverage to ex- ally mobile employees and their families. As that may not work as well abroad. ecutives and others working outside their currently interpreted, the complex and pre- So you take a look at the name of home country, giving them access to a global scriptive requirements of the ACA apply to this bill, the Expatriate Health Cov- network of health care providers. U.S.-based expatriate plans, which means erage Clarification Act of 2014. You U.S. insurance companies compete with U.S.-based international plans must comply think, okay, that is what we are trying foreign insurance companies that also sell with the domestic law’s requirements in all to do. We are trying to help expatri- expatriate health insurance plans, but these parts of the world and for all employees out- foreign carriers are not required to comply side the United States covered on those ates, Americans who work abroad more with the Affordable Care Act (ACA). This im- plans, regardless of their citizenship and time than they are here at home. But balance gives foreign competitors an unfair work location. Many of these requirements when you take a close look at the bill, advantage. The bill narrowly clarifies that are difficult to implement in other countries that is not what it does. the Affordable Care Act does not apply to ex- and may not be relevant in other locations. We are told by the Congressional Re- patriate health insurance plans. For example, the Summary of Benefit Cov- search Service that there are probably Since the legislation’s original introduc- erage notification uses terminology and data about 285,000 Americans who have ex- tion, it has been amended and now requires that is specifically tailored to types of bene- an expatriate plan to meet minimum value fits, costs, and care offered in the United patriate health care coverage. This bill requirements as defined under the ACA (60 States. This form is not relevant to those wouldn’t impact just those 285,000 percent actuarial value). This is the same who live outside the country. There are nu- Americans. This bill impacts millions standard all other employer-provided plans merous examples of these types of require- because it impacts U.S. citizens who must meet in order to comply with the laws ments in the law that are unique to our are here in the country, not abroad for employer shared responsibility provisions. health care system and should not be applied more than half of the time, and it Should an expatriate plan offered under this to benefits offered to employees who are re- could have an impact on every single bill fail to meet minimum value require- siding outside of the United States. ments, an employee would be eligible to seek Expatriate health care benefits are highly legal immigrant who is in this country. coverage on the exchange and could be eligi- valued by our employees and ensure they can So I think all of us agree. We want to ble for income-based subsidies. continue to benefit from an American health make sure that the Affordable Care Act Further, the amended bill tightens the def- care option. This, in turn, assures the com- and its patient protections work, and if inition of an expatriate. It says that an expa- petitiveness of U.S. jobs in the global mar- we could tweak things to make it work triate must be abroad for at least six ket. For these reasons, we urge Congress to months. The previous version of the bill said better, we should. But this is not a bill pass narrow, common sense relief that pro- for expatriates. This is a bill that goes that an expatriate only had to be abroad for vides certainty and clarity for multinational three months, or travel outside the country corporations and their ability to continue way beyond. 15 times in a year. This bill requires a much providing comprehensive health benefits for So let’s not fool ourselves. We have tougher standard that will guard against po- those employees outside the United States. to take care of trying to deal with the tential abuse. Finally, the amended bill ex- Sincerely, narrow exception that we are looking plicitly states that expatriate plans must GARY LOVEMAN, at for expatriates, not create a giant continue to comply with relevant laws en- Chairman, Chief Exec- loophole by which we can now remove acted prior to the ACA—specifically the Em- utive Officer and ployee Retirement Income Security Act and the protection against discrimination President, Caesars for preexisting conditions that right the Public Health Service Act. Entertainment Cor- We appreciate your leadership on this im- poration; Chair, now all Americans and legal immi- portant issue for businesses and their em- Health and Retire- grants can now know that they have. ployees so that the law can help all Ameri- ment Committee, We want to make sure that all of cans get quality health insurance. We look Business Round- those people who now have protection forward to working with you and your col- table. from the plans that don’t provide cov- leagues in enacting this bipartisan legisla- tion this year. Mr. NUNES. I will continue to re- erage after a certain amount of money, Best regards, serve the balance of my time. where all of a sudden, boom, you go JANET TRAUTWEIN, Mr. LEVIN. I now yield 4 minutes to bankrupt because you didn’t know that Executive Vice President and CEO. the gentleman from California (Mr. your insurance company would only

VerDate Mar 15 2010 04:35 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A29AP7.027 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE April 29, 2014 CONGRESSIONAL RECORD — HOUSE H3271 cover $50,000 of your health care costs, both sides of the aisle: Let’s not open Clarification Act. I am a cosponsor of that protection might be gone. What up bigger loopholes that cost the tax- this bill because I think it provides a we don’t want is to create a giant loop- payers money simply to try to fix a targeted fix to the unintended con- hole in trying to help a narrow band of narrow version of this that we know we sequences of the Affordable Care Act. Americans and companies that offer can do. It is too bad, though, that we cannot these Americans health insurance cov- So with that, I hope that sanity will work together in fixing other flaws in erage. prevail before this goes too far. the ACA instead of trying to repeal it The White House has said there is a b 1500 over 50 times over the last 2 years. fix here. And I know the White House I think, though, this bill will save has been trying to work with the pro- Mr. NUNES. Mr. Speaker, before I American jobs, including many in the ponents of this bill to come up with a yield to my friend from Pennsylvania San Joaquin Valley. There have been fix. But as they said the last time this again, I just want to say that as some- some concerns that this bill would neg- was up, this needs work, and it should one who used to work in the fields, I atively impact green card holders and not come up for a vote. would much prefer an expatriate plan other immigrants to our country. I But what are they saying now? The over ObamaCare. think this bill does provide safeguards administration issued this today: At this time, I will yield 2 minutes to to ensure that that will not happen. The administration does not support House the gentleman from Pennsylvania (Mr. An expat plan, by its nature, offers passage of H.R. 4414 in its current form be- DENT). robust benefits across the globe. No cause it would reduce consumer protections Mr. DENT. Mr. Speaker, just in re- one should be concerned that this bill and create even more loopholes in the Tax sponse to some of the comments I will somehow erode coverage or quality Code. heard from my colleagues from Cali- for non-Americans living here in the There is a fix, but this is not it be- fornia, I think it is pretty clear, the U.S. or for Americans living abroad, for cause it goes way beyond. And what we Joint Committee on Taxation, JCT, that matter. also have to do is recognize that there has been quoted here, but under this With more than 1,000 jobs at stake, are other things involved. bill, the Joint Committee on Taxation passing this bill will signal to the This bill will cost the American tax- confirms that all plans are ACA com- American people that, yes, on occasion payers money. How much? We are told pliant. The JCT also confirms that Congress can work together and that by the Congressional Budget Office and more U.S. employers—American em- we do care about more than business as Joint Tax Committee, $1.4 billion. Is it ployers—will offer employer-sponsored usual. paid for? Are the $1.4 billion that we insurance as a result of this bill. I am pleased to join my colleagues, would take away from—or have to take Further, the Joint Committee on Mr. CARNEY and Mr. NUNES, in standing from other taxpayers covered so that Taxation confirms that the impacts of up for this effort to protect some we won’t have to have other Americans this legislation are under 1 million peo- American jobs. But let’s remind our- pay for this? No. This bill is unpaid for. ple, closer to 300,000 at best. That is selves that it is a work in progress and And so for any number of reasons, we what we are talking about here. the author knows that this legislation, should sit down and get this resolved Let’s be very clear. The Nunes I suspect, would not be signed into law the right way because the White House amendment that was offered to this in its current form. But it is a work in says there is a fix. Those of us who op- bill actually does help solve many of progress. We move it along, we work pose this bill say there is a fix. But to the problems I believe that have been with the Senate and get the concerns create more loopholes which allow raised here in the last few minutes. Mr. addressed the administration has American citizens and immigrants who WAXMAN from California also raised his raised. That is what it takes working are lawfully here, working hard, to all concerns. But I must say that if we together on a bipartisan basis to get of a sudden be deprived of their protec- don’t move on this bill, we are not legislation done. tions—— going to have to worry about any of I urge my colleagues to vote ‘‘yes’’ The SPEAKER pro tempore. The this, because Americans working over- on the bill when it comes up for a vote time of the gentleman has expired. seas as expats will be buying insurance today. Mr. LEVIN. I yield the gentleman from German insurance companies or Mr. NUNES. Mr. Speaker, at this from California an additional 1 minute. British or some other European con- time, I yield myself 15 seconds. Mr. BECERRA. To deprive American cern. These Americans may be working Mr. Speaker, I would like to submit a citizens who don’t know about this, to in places like Ghana, Ethiopia, or Po- letter from the American Benefits deprive those immigrants who came to land. Frankly, the ACA, the health Council, a letter from the U.S. Cham- this country legally and are working in care law, really has no standing in ber of Commerce, and also a letter this country and today have the same those countries. from CHCC, Corporate Health Care Co- protections to make sure they are not So, please, this is a very targeted alition. discriminated against for a preexisting piece of legislation. These Americans AMERICAN BENEFITS COUNCIL, condition, who also have a chance to will have good, quality health care as Washington, DC, April 8, 2014. get offered a plan that has those pro- they are working overseas in countries Re Support for H.R. 4414—Expatriate Health tections against that fine print we used that really don’t recognize the health Coverage Clarification Act. to see in the health policies, to all of a care law. So it is a commonsense pro- Hon. JOHN BOEHNER, sudden tell them that they are going to posal. The JCT, the Joint Committee Speaker, House of Representatives, be denied that because we were trying on Taxation, confirms that this is Washington, DC. to fix a problem for Americans who going to affect fewer than 300,000 peo- Hon. NANCY PELOSI, work abroad for more than a half a ple. We know that all these plans are Minority Leader, House of Representatives, year, that is not what we should be ACA compliant, and we know that Washington, DC. doing. more U.S. employers are going to offer DEAR SPEAKER BOEHNER AND LEADER There is a fix. This should not cost employer-sponsored health insurance PELOSI: I write on behalf of the American Benefits Council (‘‘Council’’) to express sup- the taxpayers more money. And I be- as a result of passing this bill. port for H.R. 4414, the Expatriate Health lieve we could do this pretty quickly I say vote for the bill, do the right Coverage Clarification Act of 2014 (‘‘Act’’). because it is a narrow issue. thing, get the bill to the Senate and ul- The Act provides important clarification re- If we really want to help expats, take timately to the President’s desk. garding application of the Affordable Care out the language in the bill that talks Mr. LEVIN. I now yield 2 minutes to Act (ACA) to health coverage that is pro- about legal immigrants who are in the the gentleman from California (Mr. vided to globally mobile employees. These country. It talks about workers who COSTA). are issues of significant concern to multi- come to this country to work under Mr. COSTA. Mr. Speaker, I thank the national employers, their employees and families. worker visa categories, like in the ranking member, Mr. LEVIN, for the 2 The Council is a public policy organization high-tech field or in agriculture. We minutes. representing principally Fortune 500 compa- can do this very simply. And I just ap- I rise today to speak in favor of H.R. nies and other organizations that assist em- peal to my colleagues and friends on 4414, the Expatriate Health Coverage ployers of all sizes in providing employee

VerDate Mar 15 2010 03:17 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.043 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE H3272 CONGRESSIONAL RECORD — HOUSE April 29, 2014 benefits. Collectively, our members either and expatriate American employees at a dis- Mr. KIND. Mr. Speaker, I thank my sponsor directly or provide services to health advantage in the global marketplace. Re- friend and colleague for yielding me and retirement plans that cover more than quiring American companies that operate this time. 100 million Americans both within the around the globe and their foreign-based em- Mr. Speaker, I rise in support of this United States and abroad. ployees to buy more costly coverage would Most of our member companies sponsor unfairly benefit foreign competitors and for- legislation before us today not because health coverage for a workforce that in- eign employees. Such PPACA-compliant ex- I believe it is a perfect answer to a cludes globally mobile employees. Council patriate plans are not likely to be cost-com- problem that needs to be fixed but in members rely on expatriate health plans to petitive. In many instances, they may not order to make sure that the process provide benefits that meet the unique needs provide global coverage and would in fact moves forward. I want to commend my of this employee population and their fami- not comply with applicable local laws. Be- colleagues who have worked tirelessly lies. Multinational employers value expa- cause of conflicting requirements between over the ensuing weeks to try to ad- triate health plans for many reasons, includ- these new mandates and the laws of other dress the concerns—legitimate con- ing the role they play in recruiting and re- countries, an employer may also have to pur- taining a productive globally mobile work- chase multiple policies with overlapping cov- cerns, I view—of some of the short- force by ensuring coverage of their employ- erage or risk noncompliance with one or comings of the legislation before us, ees’ and families’ health care needs while more nations’ laws. Congress must protect Mr. NUNES and my good friend, Mr. abroad. the ability of American companies and their CARNEY from Delaware. The ACA was intended to reform the U.S. expatriates to purchase and offer appropriate This is, I think, emblematic of how health care system. Its application to expa- and valued plans that have long been part of we should be addressing reform within triate health plans and to the employer how our country operates in the global mar- the health care system, having the wis- sponsors and people covered by such plans, ketplace. has created compliance uncertainty with re- dom as a body to recognize what is U.S. jobs are at stake. If this legislation working with health care reform and spect to the law’s individual and employer does not get enacted, American jobs associ- mandates and certain other health plan re- ated with writing, servicing and admin- what isn’t working and then try to deal quirements. Although some of these matters istering these plans will be shipped overseas. with that with fixes and needed adjust- have been addressed in transition guidance The Chamber continues to champion ments along the way. issued by the agencies, the guidance is tem- health care reform that builds on and rein- This was an unintended consequence porary and does not fully address the out- forces the employer-sponsored system while affecting expat health insurance plans. standing concerns. improving access to affordable, quality cov- In my view, there are competitiveness H.R. 4414 provides needed statutory clari- erage. The Chamber urges you and your col- issues from those insurance plans offer- fication with respect to the application of leagues to support H.R. 2575, and may con- the ACA to expatriate health plans and the ing expat coverage compared to what sider including votes on, or in relation to, other foreign plans are offering, but employers, employees and family members this bill in our annual How They Voted that rely on such plans to meet the health scorecard. also the ability of people to be able to benefits needs of a globally mobile work- Sincerely, work and live effectively abroad. force. R. BRUCE JOSTEN. Even the administration has admit- We appreciate your consideration of these ted in their Statement of Administra- important issues. CORPORATE HEALTH CARE COALITION, tion Policy that there is a problem Sincerely, Washington, DC, April 28, 2014. that needs to be addressed. They have JAMES A. KLEIN, Hon. JOHN BOEHNER, President. identified certain shortcomings of this Speaker, House of Representatives, legislation, from consumer protections Washington, DC. CHAMBER OF COMMERCE OF THE to issues affecting the Tax Code, but I Hon. NANCY PELOSI, UNITED STATES OF AMERICA, am sure that as we move forward Washington, DC, April 9, 2014. Minority Leader, House of Representatives, Washington, DC. today, hopefully with bipartisan sup- TO THE MEMBERS OF THE U.S. HOUSE OF port, the Senate will have an oppor- REPRESENTATIVES: The U.S. Chamber of DEAR SPEAKER BOEHNER AND LEADER Commerce, the world’s largest business fed- PELOSI: The Corporate Health Care Coalition tunity to address many of these con- eration representing the interests of more is writing to convey its support for H.R. 4414, cerns, and we will have to continue to than three million businesses of all sizes, ‘‘The Expatriate Health Coverage Clarifica- work with the administration with the sectors, and regions, as well as state and tion Act of 2014.’’ CHCC is a public policy or- legitimate concerns that they continue local chambers and industry associations, ganization comprised of leading companies to raise. and dedicated to promoting, protecting, and from varying industries that compete in the Again, this is, I think, an approach defending America’s free enterprise system, global marketplace and sponsor health plans for the benefit of eligible employees and de- that we should be taking as a nation strongly supports H.R. 4414, ‘‘The Expatriate right now, having the wisdom to under- Health Coverage Clarification Act of 2014,’’ pendents located in every state in the nation to preserve the ability of our country’s busi- and across the globe. stand what is working and also dealing nesses to provide, and our citizens to obtain CHCC members are leaders in providing with the unintended consequences of appropriate health care coverage as they high quality health benefits in an efficient health care reform, which affects one- conduct business and live overseas. This im- and effective manner. A healthy workforce is fifth of the entire U.S. economy. You portant bill protects the ability of American critical to our competitiveness both domes- are not going to change that overnight. companies to provide and workers to obtain tically and globally. Expatriate health plans If you try, you are going to introduce coverage abroad that have historically been play a particularly vital role in recruiting and retaining a productive, globally mobile shocks to the system that aren’t going offered and valued. to work for people. The PPACA was designed to improve ac- workforce, by ensuring that the health care cess to coverage and health care services for needs of employees and their families are I think this is an honest approach people in the United States and to strength- met while overseas. done in a bipartisan fashion with a lot en this nation’s health care system. Whether The Expatriate Health Coverage Clarifica- of listening on both sides and a lot of it will accomplish these goals remains to be tion Act of 2014 would provide needed clari- vetting of issues that I think are legiti- seen. However, it was certainly not intended fication with respect to the Affordable Care mately being raised right now in order and must not be misconstrued to disadvan- Act’s application to expatriate health plans, to address one of those small, unin- tage American companies either operating thereby preserving these plans as a viable tended consequences of the health care or employing individuals in other countries means of providing health coverage to em- ployees who reside outside of the United reform. or selling products abroad. It is important to I think, clearly, everyone recognizes ensure that this unintended consequence States. Therefore, CHCC urges Congress to does not occur. This bill would protect the pass the Expatriate Health Coverage Clari- more work needs to go into this legis- coverage and opportunities of American fication Act of 2014. lative package in order to allay some workers, American employers, and American Sincerely, of the concerns. The Senate, again, will products abroad. Congress must pass this bill KATE HULL, have an opportunity to address and to explicitly exempt expatriate plans from Executive Director. will continue to engage the administra- the myriad of PPACA requirements. Mr. NUNES. I continue to reserve the tion in order to address some of the Applying these new mandates to inter- balance of my time. concerns that they are raising, as well. national plans would not only be extremely difficult and complex from an operations Mr. LEVIN. I now yield 3 minutes to But this is a good, I think, first honest standpoint due to the global nature of this the gentleman from Wisconsin (Mr. approach in order to find that solution type of coverage but would also be bad pol- KIND), another member of our com- so we don’t see the detrimental job im- icy. They would place American businesses mittee. pact occurring right here in the United

VerDate Mar 15 2010 03:17 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A29AP7.036 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE April 29, 2014 CONGRESSIONAL RECORD — HOUSE H3273 States and that we do allow affordable It remains imperative, however, to ensure Instead, their health insurance plans should and quality health care coverage for that LPRs and individuals in nonimmigrant have the same consumer protections codified those workers overseas. visa categories are not exposed to a gap in by the ACA as others who live and work in Again, I commend my friends, Mr. ACA coverage protections. More must be the U.S. This bill would create a loophole done to exclude these groups from the popu- that could lead to inferior coverage for these CARNEY and Mr. NUNES, for the out- lations covered by this bill. Additional em- individuals. reach and the work that they have put ployer reporting and enforcement provisions H.R. 4414 would have an unintentional, dis- into this legislation. I encourage my would help ensure that employers would not astrous impact on LPRs and other low-wage colleagues to support this legislation stretch the definition of expatriate employ- immigrant workers. We urge you to oppose as it moves forward. ees to offer substandard coverage to workers. the bill, and we look forward to working Mr. NUNES. Mr. Speaker, I will con- We welcome the opportunity to help im- with members of Congress to close its loop- tinue to reserve the balance of my prove this legislation to address the concerns holes and find workable solutions. time. of the expatriate health plans without hav- Sincerely, Mr. LEVIN. Can I ask my colleague, ing a negative impact on workers who live MARIELENA HINCAPIE´ , are you ready to close? and work in the U.S. It is unlikely that H.R. Executive Director. Mr. NUNES. Yes, I am ready to close. 4414 will be amended to meet these goals be- Mr. LEVIN. Finally, I submit into fore the scheduled floor vote, however, and Mr. LEVIN. So I will do the same. the RECORD the Statement of Adminis- we urge you to vote against the bill. I would like to place in the RECORD a Sincerely, tration Policy from the Obama admin- letter of opposition to this bill as pres- AFL-CIO, istration. ently formulated from the AFL–CIO, American Federation of State, County and STATEMENT OF ADMINISTRATION POLICY the American Federation of State, Municipal Employees (AFSCME); H.R. 4414—EXPATRIATE HEALTH COVERAGE County and Municipal Employees, the American Federation of Teachers; CLARIFICATION ACT American Federation of Teachers, Farmworker Justice; (Rep. Carney, D-Delaware, and 24 cosponsors) International Union, United Automobile, Farmworker Justice, the UAW, the Na- The Administration does not support tional Council of La Raza, the National Aerospace and Agricultural Implement Workers of America (UAW); House passage of H.R. 4414, the Expatriate Education Association, the National National Council of La Raza (NCLR); Health Coverage Clarification Act, in its cur- Immigration Law Center, the Service National Education Association (NEA); rent form, because it would reduce consumer Employees International Union, the National Immigration Law Center; protections and create even more loopholes UNITE HERE, the United Farm Work- Service Employees International Union in the tax code. ers, and the United Food and Commer- (SEIU); The Affordable Care Act gives people greater control over their own health care. cial Workers International Union. UNITE HERE; United Farm Workers; Since October 1, eight million have signed up APRIL 28, 2014. United Food and Commercial Workers for private insurance and millions more have DEAR REPRESENTATIVE: We write today re- International Union (UFCW). been enrolled in Medicaid. Because of the Af- garding the Expatriate Health Coverage Mr. LEVIN. Also, I submit for the fordable Care Act, Americans who have pre- Clarification Act (H.R. 4414), scheduled for viously been denied coverage due to a pre-ex- floor debate on Tuesday. Although negotia- RECORD a letter in opposition to this isting medical condition now have access to tions are apparently occurring behind closed bill as presently formed from the Na- coverage. Additionally, the law helps mil- doors on a final version of the bill, it is our tional Immigration Law Center. lions of Americans stay on their parents’ understanding that these discussions are un- NATIONAL IMMIGRATION LAW CENTER, plans until age 26, and helps provide access likely to address major shortcomings of the Los Angeles, CA, April 30, 2014. to free preventive care like cancer bill. Barring substantial revisions to the bill, DEAR SPEAKER BOEHNER AND DEMOCRATIC screenings that catch illness early on. we urge you to oppose it. LEADER PELOSI: As the House of Representa- The Administration remains willing to As you know, the bill is intended to accom- work with the Congress to improve H.R. 4144 modate health plans providing coverage for tives considers the Expatriate Health Cov- to address these issues and to maintain basic workers that work in multiple countries, and erage Clarification Act (H.R. 4414) again consumer protections for all workers. There it is reasonable to grant these plans some today, we urge you to oppose it. Already de- are straightforward changes to the legisla- flexibility to pursue this role. We understand feated in the House on April 9, 2014, this bill, tion, which we have shared with the Con- that these ‘‘expatriate’’ health care plans absent key changes, will lead to an erosion gress, that would satisfy these goals, and the currently cover fewer than 300,000 workers. of Affordable Care Act (ACA) standards and Congress should pursue a solution. However, the current draft of the bill could lower quality health coverage for immi- impact a much wider population, resulting in grants who are unreasonably and mistakenly Mr. LEVIN. So let me close, and I a lower standard of health care coverage for classified as expatriates under the legisla- yield myself such time as I may con- 13 million lawful permanent residents (LPRs tion. sume. Supporters of the bill claim that the prob- or green card holders), as well as individuals I think it is regrettable that we are with visas for more highly skilled work and lems contained in the original bill have been adequately addressed. This is simply not here in this predicament when we don’t people in dozens of other nonimmigrant cat- need to be. I think we do need to fix egories. true. While some positive changes have been It is important that these workers, who made, the most egregious provisions remain the expat issue, but not by unfixing live and work beside other U.S. workers, firmly in place, including those with broad health care reform for millions of peo- enjoy the same coverage protections pro- implications for low-income immigrants liv- ple. This is more than about 300,000 vided by the Affordable Care Act (ACA). It ing and working in the U.S. These remaining people. We are talking about the health would simply be unfair to provide them a problems leave the bill vulnerable to legal care protections and provisions appli- challenges. lower level of protection, and it would exert cable to 13 million people in this coun- downward pressure on the benefits offered to H.R. 4414 would eliminate the ACA’s group all other workers. plan consumer protections for ‘‘expatriate try who are here legally. We do believe it is possible to accommo- health insurance plans,’’ including for U.S.- It has been said, and I very much re- date the needs of expatriate health plans regulated issuers, provided to individuals spect this, it has taken 3 years to try while avoiding this impact on millions of who travel ‘‘abroad.’’ This blanket exemp- to fix this problem, and Mr. CARNEY workers. First, the Department of Health tion alone should be cause for concern. How- and others have truly been working, and Human Services (HHS) can continue its ever, what is far more troubling is that the and Mr. NUNES, and there have been bi- work developing regulatory approaches to bill uses a broad definition for ‘‘expatriate’’ partisan discussions. easing the administrative burdens faced by that includes many immigrants who live in But here is the problem: If we are these plans. Second, more work can be done the U.S. permanently and do not travel on a legislative approach that appropriately abroad for work. This definition extends far really going to continue effectively to reduces the burden faced by legitimate expa- beyond the purported objectives of the legis- work together when there is an out- triate health plans, without creating a loop- lation and must be fixed. standing issue, when there has been hole that could be exploited by plans seeking Specifically, the definition of ‘‘expatriate’’ this aura of good faith, the majority to skirt the coverage standards of the ACA. in H.R. 4414 includes lawful permanent resi- should have let the minority place on The bill has been improved in some ways dents (LPRs or green card holders), most of the floor an amendment to the bill and since it was first considered on the House whom spend the vast majority of their time let us debate it. floor. U.S. citizens may only be included in in the United States. These individuals re- In fact, it only works against biparti- the plans if they travel out of the country side in the U.S., are on a path to citizenship, for more than 180 days a year, and a bench- and have built their lives in the U.S. Simply sanship in this kind of circumstance to mark has been added to encourage employers put, they should not be defined as ‘‘expatri- say it is essentially a closed rule. What to offer coverage with an actuarial value of ates’’ if they do not travel outside of the is there to fear? The only thing to fear 60 percent or higher. United States for work for extended periods. is that we would have discussion that

VerDate Mar 15 2010 03:17 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.045 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE H3274 CONGRESSIONAL RECORD — HOUSE April 29, 2014 might make this a still more bipar- ful permanent residents and other visa holders McCarthy (NY) Pompeo Sinema McCaul Posey Sires tisan bill. So instead of getting a likely in the United States to erroneously be consid- McClintock Price (GA) Smith (MO) minority of members on the Demo- ered expatriates under H.R. 4414 still exists. I McHenry Quigley Smith (NE) cratic side, we would have, I think, an expect the Senate to fix this potential loophole McIntyre Rahall Smith (NJ) overwhelming majority on both sides and look forward to supporting final passage McKinley Reed Smith (TX) McMorris Reichert Southerland determined to keep jobs here, but not of the bill after the Senate has made targeted Rodgers Renacci Stewart at a price of undoing necessary protec- changes. Meadows Ribble Stivers tions in terms of the health of millions The SPEAKER pro tempore (Mr. Meehan Rice (SC) Stockman Messer Rigell Stutzman and millions of Americans. STEWART). All time for debate has ex- Mica Roby Terry So that is where we are here and es- pired. Miller (FL) Rogers (AL) Thompson (CA) sentially so for so many of us placed in Pursuant to House Resolution 555, Miller (MI) Rogers (KY) Thompson (PA) a situation where we say we must do the previous question is ordered on the Moran Rogers (MI) Thornberry Mullin Rohrabacher Tiberi better, we shouldn’t simply leave it to bill, as amended. Mulvaney Rokita Tipton the other body, we have the abilities The question is on the engrossment Murphy (FL) Rooney Turner within this House with true bipartisan- and third reading of the bill. Neal Ros-Lehtinen Upton ship to continue working, and after 3 Neugebauer Roskam Valadao The bill was ordered to be engrossed Noem Ross Vargas years, it might take another week or 2, and read a third time, and was read the Nugent Rothfus Wagner that would be worth it in terms of try- third time. Nunes Royce Walberg ing to restore the reality of bipartisan- Nunnelee Runyan Walden The SPEAKER pro tempore. The Olson Ruppersberger Walorski ship that really works. question is on the passage of the bill. Owens Ryan (WI) Weber (TX) Mr. Speaker, I yield back the balance The question was taken; and the Palazzo Scalise Webster (FL) of my time. Speaker pro tempore announced that Paulsen Schneider Welch Mr. NUNES. Mr. Speaker, I will Pearce Schock Wenstrup the ayes appeared to have it. Perlmutter Schrader Westmoreland close, and I yield myself such time as I Mr. LEVIN. Mr. Speaker, on that I Perry Schweikert Williams may consume. demand the yeas and nays. Peters (CA) Scott, Austin Wilson (SC) The need for this bill wasn’t con- Peters (MI) Scott, David Wittman The yeas and nays were ordered. ceived by opponents of the Affordable Peterson Sensenbrenner Wolf The SPEAKER pro tempore. Pursu- Petri Sessions Womack Care Act or ObamaCare. The Obama ant to clause 8 of rule XX, this 15- Pittenger Sewell (AL) Woodall administration and the army of regu- Pitts Shimkus Yoder minute vote on passage of the bill will lators acknowledged there is a problem Poe (TX) Shuster Young (AK) be followed by a 5-minute vote on the and have come to the Congress to fix Polis Simpson Young (IN) motion to suspend the rules and pass it. Treasury, HHS, and Labor have all H.R. 627. NAYS—150 accepted the fact that expat plans The vote was taken by electronic de- Amash Green, Gene Napolitano should not be regulated the same way Bass Grijalva Negrete McLeod vice, and there were—yeas 268, nays domestic plans are regulated. Beatty Hahn Nolan 150, not voting 13, as follows: Becerra Harris O’Rourke After 4 years of examining this issue, [Roll No. 182] Bishop (GA) Hastings (FL) Pallone as I said earlier, the administration Blumenauer Heck (WA) Pascrell issued limited and temporary regu- YEAS—268 Bonamici Hensarling Pastor (AZ) latory relief for expat plans. This bill is Aderholt Cramer Hartzler Brady (PA) Hinojosa Payne Braley (IA) Holt Pelosi necessary because despite the adminis- Amodei Crawford Hastings (WA) Bachmann Crenshaw Heck (NV) Broun (GA) Honda Pingree (ME) tration’s limited and temporary fixes, Bachus Cuellar Herrera Beutler Brownley (CA) Horsford Pocan thousands of jobs are on the chopping Barber Culberson Higgins Butterfield Hoyer Price (NC) block. American businesses can’t com- Barletta Daines Himes Capps Huelskamp Rangel Barr Davis, Rodney Holding Capuano Huffman Roe (TN) pete based on the promise of limited ´ Barrow (GA) Delaney Hudson Cardenas Israel Roybal-Allard and temporary relief. Barton DelBene Huizenga (MI) Cartwright Jackson Lee Ruiz Mr. Speaker, I want to also remind Benishek Denham Hultgren Castor (FL) Jeffries Rush Castro (TX) Johnson (GA) Ryan (OH) my colleagues that Mr. CARNEY and I Bentivolio Dent Hunter Bera (CA) DeSantis Hurt Chu Johnson, E. B. Salmon ´ have worked on this for many years, Bilirakis Diaz-Balart Issa Cicilline Jordan Sanchez, Linda and we have worked not only in a bi- Bishop (NY) Duckworth Jenkins Clark (MA) Kaptur T. partisan way in the House of Rep- Bishop (UT) Duffy Johnson (OH) Clarke (NY) Keating Sanchez, Loretta Clyburn Kelly (IL) Sanford resentatives, we have also worked with Black Duncan (TN) Johnson, Sam Blackburn Engel Jolly Cohen Kennedy Sarbanes our Senate counterparts where we have Boustany Enyart Jones Conyers Kildee Schakowsky bipartisan support in the United States Brady (TX) Esty Joyce Crowley Labrador Schiff Senate. Bridenstine Farenthold Kelly (PA) Cummings Langevin Scott (VA) Brooks (AL) Fattah Kilmer Davis (CA) Lee (CA) Serrano So, the Obama administration has Brooks (IN) Fincher Kind Davis, Danny Levin Shea-Porter said they have concerns, but we don’t Buchanan Fitzpatrick King (IA) DeFazio Loebsack Sherman know what the concerns are and they Bucshon Fleischmann King (NY) DeGette Lofgren Slaughter DeLauro Lowenthal Smith (WA) did not issue a veto threat. So I think Burgess Fleming Kingston Bustos Flores Kinzinger (IL) DesJarlais Lowey Speier that more level heads will prevail. This Byrne Forbes Kirkpatrick Deutch Lujan Grisham Swalwell (CA) bill will pass today. It will go to the Calvert Fortenberry Kline Dingell (NM) Takano ´ Senate, it will pass, and I would urge, Camp Foster Kuster Doggett Lujan, Ben Ray Thompson (MS) Cantor Foxx LaMalfa Doyle (NM) Tierney then, President Obama to sign it into Capito Franks (AZ) Lamborn Duncan (SC) Lynch Titus law so that we can save these jobs. Carney Frelinghuysen Lance Edwards Maffei Tonko With that, Mr. Speaker, I yield back Carson (IN) Gabbard Lankford Ellison Massie Tsongas Ellmers Matsui Van Hollen the balance of my time. Carter Gardner Larsen (WA) Cassidy Garrett Larson (CT) Eshoo McCollum Veasey Mr. DEFAZIO. Mr. Speaker, the amended Chabot Gerlach Latham Frankel (FL) McDermott Vela ´ version of H.R. 4414 that was brought up Chaffetz Gibbs Latta Fudge McGovern Velazquez Clay Gibson Lipinski Gallego McNerney Visclosky today is a marked improvement over the pre- Garamendi Meeks Walz vious version of the bill that was brought up Cleaver Gingrey (GA) LoBiondo Coble Gowdy Long Garcia Meng Waters earlier this month. I again commend Rep- Coffman Granger Lucas Gohmert Michaud Waxman resentative CARNEY for proposing fixes to the Cole Graves (GA) Luetkemeyer Gosar Miller, George Wilson (FL) Grayson Moore Yarmuth Affordable Care Act. I also commend him for Collins (GA) Graves (MO) Lummis Collins (NY) Griffith (VA) Maloney, Green, Al Nadler Yoho trying to work with House leadership and the Conaway Grimm Carolyn Administration to come to an agreement on Connolly Guthrie Maloney, Sean NOT VOTING—13 how to properly treat expatriate plans under Cook Gutie´rrez Marchant Brown (FL) Lewis Schwartz the Affordable Care Act. Unfortunately the bill Cooper Hall Marino Campbell McKeon Wasserman Costa Hanabusa Matheson Farr Miller, Gary Schultz on the House floor today does not have the Cotton Hanna McAllister Goodlatte Murphy (PA) Whitfield Administration’s support. The potential of law- Courtney Harper McCarthy (CA) Griffin (AR) Richmond

VerDate Mar 15 2010 03:17 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.048 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE April 29, 2014 CONGRESSIONAL RECORD — HOUSE H3275 b 1543 Gallego Lowey Rokita Jones Salmon Young (AK) Garamendi Lucas Rooney Massie Weber (TX) Ms. SHEA-PORTER, Messrs. YOHO, Garcia Luetkemeyer Ros-Lehtinen Poe (TX) Yoho Gardner Lujan Grisham Roskam MASSIE, SANFORD, and AMASH NOT VOTING—15 changed their vote from ‘‘yea’’ to Garrett (NM) Ross Gerlach Luja´ n, Ben Ray Rothfus Bass McKeon Schwartz ‘‘nay.’’ Gibbs (NM) Roybal-Allard Brown (FL) Miller, Gary Sessions Ms. KUSTER, Messrs. MORAN and Gibson Lummis Royce Campbell Moran Wasserman SCHOCK changed their vote from Gingrey (GA) Lynch Ruiz Goodlatte Murphy (PA) Schultz Gohmert Maffei Runyan Griffin (AR) Petri ‘‘nay’’ to ‘‘yea.’’ Gowdy Maloney, Ruppersberger Lewis Richmond So the bill was passed. Granger Carolyn Rush The result of the vote was announced Graves (GA) Maloney, Sean Ryan (OH) b 1553 as above recorded. Graves (MO) Marchant Ryan (WI) Mr. WEBER of Texas changed his Grayson Marino Sa´ nchez, Linda A motion to reconsider was laid on Green, Al Matheson T. vote from ‘‘yea’’ to ‘‘nay.’’ the table. Green, Gene Matsui Sanchez, Loretta So (two-thirds being in the affirma- Stated against: Griffith (VA) McAllister Sanford tive) the rules were suspended and the Grijalva McCarthy (CA) Sarbanes Mr. FARR. Mr. Speaker, on rollcall No. 182, Grimm McCarthy (NY) Scalise bill, as amended, was passed. I would have voted ‘‘nay’’ had the Speaker al- Guthrie McCaul Schakowsky The result of the vote was announced lowed me to vote at the well. Had I been Gutie´rrez McClintock Schiff as above recorded. Hahn McCollum Schneider A motion to reconsider was laid on present, I would have voted ‘‘nay.’’ Hall McDermott Schock Hanabusa McGovern Schrader the table. f Hanna McHenry Schweikert f Harper McIntyre Scott (VA) NATIONAL PARK SERVICE 100TH Harris McKinley Scott, Austin REMOVAL OF NAME OF MEMBER ANNIVERSARY COMMEMORATIVE Hartzler McMorris Scott, David AS COSPONSOR OF H.R. 2429 COIN ACT Hastings (FL) Rodgers Sensenbrenner Hastings (WA) McNerney Serrano Mr. BRADY of Texas. Mr. Speaker, I The SPEAKER pro tempore. The un- Heck (NV) Meadows Sewell (AL) ask unanimous consent to remove Con- finished business is the vote on the mo- Heck (WA) Meehan Shea-Porter gressman DAVID PRICE of North Caro- Hensarling Meeks Sherman tion to suspend the rules and pass the Herrera Beutler Meng Shimkus lina as a cosponsor from H.R. 2429. His bill (H.R. 627) to provide for the Higgins Messer Shuster name was inadvertently added. issuance of coins to commemorate the Himes Mica Simpson The SPEAKER pro tempore (Mr. COT- Hinojosa Michaud Sinema TON). Is there objection to the request 100th anniversary of the establishment Holding Miller (FL) Sires of the National Park Service, and for Holt Miller (MI) Slaughter of the gentleman from Texas? other purposes, as amended, on which Honda Miller, George Smith (MO) There was no objection. the yeas and nays were ordered. Horsford Moore Smith (NE) Hoyer Mullin Smith (NJ) f The Clerk read the title of the bill. Hudson Mulvaney Smith (TX) HONORING FORMER U.S. The SPEAKER pro tempore. The Huelskamp Murphy (FL) Smith (WA) REPRESENTATIVE MICK STATON question is on the motion offered by Huffman Nadler Southerland Huizenga (MI) Napolitano Speier (Mrs. CAPITO asked and was given the gentleman from New Jersey (Mr. Hultgren Neal Stewart GARRETT) that the House suspend the Hunter Negrete McLeod Stivers permission to address the House for 1 rules and pass the bill, as amended. Hurt Neugebauer Stockman minute and to revise and extend her re- This is a 5-minute vote. Israel Noem Stutzman marks.) Issa Nolan Swalwell (CA) Mrs. CAPITO. Mr. Speaker, I rise The vote was taken by electronic de- Jackson Lee Nugent Takano vice, and there were—yeas 403, nays 13, Jeffries Nunes Terry here with my fellow Members from not voting 15, as follows: Jenkins Nunnelee Thompson (CA) West Virginia to honor former U.S. Johnson (GA) O’Rourke Thompson (MS) Representative Mick Staton, who [Roll No. 183] Johnson (OH) Olson Thompson (PA) passed away on April 14, 2014. YEAS—403 Johnson, E. B. Owens Thornberry Johnson, Sam Palazzo Tiberi Mick was a lifelong West Virginian Aderholt Carney DeFazio Jolly Pallone Tierney who devoted himself to a life of service Amodei Carson (IN) DeGette Jordan Pascrell Tipton to our great State, including rep- Bachmann Carter Delaney Joyce Pastor (AZ) Titus Bachus Cartwright DeLauro Kaptur Paulsen Tonko resenting the Third District of West Barber Cassidy DelBene Keating Payne Tsongas Virginia. Mick’s public service began Barletta Castor (FL) Denham Kelly (IL) Pearce Turner Barr Castro (TX) Dent with 8 years in the National Guard, and Kelly (PA) Pelosi Upton his passion for serving others and his Barrow (GA) Chabot DeSantis Kennedy Perlmutter Valadao Barton Chaffetz DesJarlais Kildee Perry Van Hollen dedication to Republican principles in- Beatty Chu Deutch Kilmer Peters (CA) Vargas spired him to make a run for Congress. Becerra Cicilline Diaz-Balart Kind Peters (MI) Veasey A successful businessman, Congress- Benishek Clark (MA) Dingell King (IA) Peterson Vela Bera (CA) Clarke (NY) Doggett King (NY) Pingree (ME) Vela´ zquez man Staton also served as a Presi- Bilirakis Clay Doyle Kingston Pittenger Visclosky dential elector for West Virginia. Then, Bishop (GA) Cleaver Duckworth Kinzinger (IL) Pitts Wagner Bishop (NY) Clyburn Duffy just last month, he was named as one Kirkpatrick Pocan Walberg of only five emeritus members of the Bishop (UT) Coble Duncan (TN) Kline Polis Walden Black Coffman Edwards Kuster Pompeo Walorski West Virginia Republican Party. Blackburn Cohen Ellison Labrador Posey Walz More evident than Mick’s tremen- Blumenauer Cole Ellmers LaMalfa Price (GA) Waters dous dedication to West Virginia was Bonamici Collins (GA) Engel Lamborn Price (NC) Waxman Boustany Collins (NY) Enyart Lance Quigley Webster (FL) his devotion to his family. He and his Brady (PA) Conaway Eshoo Langevin Rahall Welch wife, Lynn, shared a true partnership Braley (IA) Connolly Esty Lankford Rangel Wenstrup in life, giving them faith and support Bridenstine Conyers Farenthold Larsen (WA) Reed Westmoreland to persevere through his difficult Brooks (AL) Cook Farr Larson (CT) Reichert Whitfield Brooks (IN) Cooper Fattah Latham Renacci Williams health challenges. Brownley (CA) Costa Fincher Latta Ribble Wilson (FL) As a friend of Mick’s for 30 years, I Buchanan Cotton Fitzpatrick Lee (CA) Rice (SC) Wilson (SC) will miss his bright smile, quick wit, Bucshon Courtney Fleischmann Levin Rigell Wittman Burgess Cramer Fleming Lipinski Roby Wolf and warm companionship. I offer my Bustos Crawford Flores LoBiondo Roe (TN) Womack deep condolences to Lynn, their two Butterfield Crenshaw Forbes Loebsack Rogers (AL) Woodall children, and their extended family. Byrne Crowley Fortenberry Lofgren Rogers (KY) Yarmuth Calvert Cuellar Foster Long Rogers (MI) Yoder f Camp Culberson Foxx Lowenthal Rohrabacher Young (IN) Cantor Cummings Frankel (FL) HONORING FORMER U.S. Capito Daines Franks (AZ) NAYS—13 REPRESENTATIVE MICK STATON Capps Davis (CA) Frelinghuysen Capuano Davis, Danny Fudge Amash Brady (TX) Duncan (SC) (Mr. RAHALL asked and was given Ca´ rdenas Davis, Rodney Gabbard Bentivolio Broun (GA) Gosar permission to address the House for 1

VerDate Mar 15 2010 03:17 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.050 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE H3276 CONGRESSIONAL RECORD — HOUSE April 29, 2014 minute and to revise and extend his re- something new? What is happening? helped clear more than 300 wrongfully marks.) Because he cared passionately about convicted. Mr. RAHALL. Mr. Speaker, I, like our country and the State of West Vir- Katie Sepich was a 22-year-old New my colleagues from West Virginia, ginia. Mexico State University graduate stu- Mrs. CAPITO and Mr. MCKINLEY, re- Afterwards, after leaving office, he dent. In August of 2003, she was bru- member Mick Staton as a dedicated served as the chief political adviser for tally raped, strangled to death, burned, public servant, a son of West Virginia. the United States Chamber of Com- and abandoned at a dumpsite. Katie I enjoyed serving in this body with merce. He continued his mission to try was a fighter with full DNA profiles Mick. He always knew where he stood to get the message across of how we under her nails. Through DNA, we were on a given issue. While he and I were can be a better Nation, stronger, more able to find her attacker. members of different political parties, vibrant, because he cared very much. Katie’s Law was signed into law last on principle, we often agreed. He As you heard, he has left behind his year, helping States with DNA collec- shared the most basic value of true wife, Lynn, and two adult kids: David tion. The discoveries and advance- West Virginians, loyalty—loyalty to ‘‘Mick’’ Staton, Jr., and his daughter, ments of DNA have done wonders for his faith, to his family, to his friends, Cynthia. our society. Closure has transformed to his Nation, and to our State. Mr. Speaker, again, we have lost a our justice system. Mick’s word was his bond. Of course, friend. I would ask that we have just a f he was a loyal Republican, and as a moment of silence on behalf of the THE NATIONAL CONSTITUTION copper-riveted, rock-ribbed Republican family. COMPETITION through and through, Mick was always f (Mr. BLUMENAUER asked and was my friend. There is a good lesson in APPROVING THE KEYSTONE XL given permission to address the House that for our Members today. Our PIPELINE for 1 minute.) friendship continued to grow after his (Mr. BARROW of Georgia asked and Mr. BLUMENAUER. Mr. Speaker, distinguished service ended in this last night it was my honor to be in the was given permission to address the body. audience as Lincoln High School from House for 1 minute and to revise and Mr. Speaker, Mick Staton’s service Portland, Oregon, won the national extend his remarks.) to our State of West Virginia never Constitution competition. This is a ter- Mr. BARROW of Georgia. Mr. Speak- ended, nor did his efforts to bring peo- rific program. The We the People com- er, almost 2 weeks ago, the administra- ple together to get things accomplished petition has been going on since 1987. It tion announced yet another delay in for West Virginians. has involved almost 28 million young- approving the Keystone XL pipeline. I He worked hard for that, and his de- sters, nearly 100,000 coaches and teach- think they have it all wrong. Further votion flowed as naturally as a pristine ers, where young people do a deep dive delays in constructing this pipeline mountain stream. This courteous, cor- into constitutional underpinnings. I means that the U.S. will miss out on dial fellow—with what could best be de- will tell you, these students were no tens of thousands of jobs and continue scribed as an award-winning, ever- different. present smile—had a good way with to depend on foreign oil from hostile I am pleased that this is the third people. It is no secret to anyone who countries. year in a row that Portland, Oregon, knew him that all of that warm person- The Keystone XL pipeline will bring has won: Lincoln 2 years ago, Grant ality—that sincere charm—stemmed in 840,000 barrels of oil a day from our High School, Lincoln again this year. from a good heart. friend and neighbor, Canada. That can These are outstanding young men Mick always made a point of deliv- essentially replace the 900,000 barrels and women. It has been my privilege to ering a birthday card to me, person- we have to get every day from Ven- have had an opportunity to work with ally, sometimes in my congressional ezuela, one country we cannot count them during their preparation. I am office. This May, as my birthday ap- on. Add to that the roughly 20,000 jobs continually impressed with their in- proaches, that good heart will be sorely that will be created and the findings sight and their commitment. missed. My thoughts and prayers re- that the pipeline will have no net nega- There is a lot of concern about the main with Lynn—his wife—and with tive environmental impacts, you can state of civic education in the United his family. see why there is broad, bipartisan sup- States today, and rightly so. But these port for the Keystone XL pipeline. f young trailblazers are showing the Mr. Speaker, this oil will be ex- ability of young people to master the b 1600 tracted, refined, and used by someone. subject, make a commitment, and they The only question is who will get the MOMENT OF SILENCE HONORING are sowing the seeds for productive ca- jobs and who will be the first in line to PIONEER AND LIFELONG MOUN- reers for years to come. use it. America needs the Keystone XL TAINEER DAVID ‘‘MICK’’ STATON I hope some day this Congress will pipeline now, and I urge the adminis- see fit to once again support this civic (Mr. MCKINLEY asked and was given tration to end the holdup. education program, which we had done permission to address the House for 1 f until 2 years ago. It is time to recon- minute.) NATIONAL DNA DAY sider and see if we can be a partner as Mr. MCKINLEY. Mr. Speaker, on well. April 14, we lost a friend in West Vir- (Mr. PEARCE asked and was given f ginia. Mick Staton and I had known permission to address the House for 1 each other for some time. I considered minute and to revise and extend his re- CALLING UPON THE BELARUSIAN him a true friend, someone who had a marks.) OFFICIALS FOR THE IMMEDIATE passion for West Virginia. Mr. PEARCE. Mr. Speaker, April is AND UNCONDITIONAL RELEASE He was a trailblazer for numbers of National Sexual Assault Awareness OF ALL POLITICAL PRISONERS us, all through West Virginia, in trying and Prevention Month. April 25 was (Mr. SHIMKUS asked and was given different techniques, campaign styles, National DNA Day. It commemorates permission to address the House for 1 and work ethic. He made a difference the discovery of DNA’s double helix minute and to revise and extend his re- for numbers of his conservatives in and subsequent scientific advance- marks.) West Virginia. He was elected to the ments. Mr. SHIMKUS. Mr. Speaker, every House of Representatives on behalf of DNA has revolutionized public safety individual has a right to live in a free the Second District. in the criminal justice system. Since society. This May, the Ice Hockey He brought with him a background of its inception in 1994, the national DNA World Championship 2014 will take work with the National Guard for 8 database system has solved more than place in Minsk, Belarus, challenging years. His role here in the House meant 200,000 previously unsolved crimes. It the Belarusian Government to dem- a lot to him, and after he left, when- provides closure to victims of violent onstrate that it lives up to the core ever I would run into him, Mr. Speak- crimes. It assists prosecutors in taking principles of good sportsmanship and er, he would always ask: What about violent offenders off the streets and has fair play.

VerDate Mar 15 2010 03:17 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.053 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE April 29, 2014 CONGRESSIONAL RECORD — HOUSE H3277 This global sports competition pro- The SPEAKER pro tempore. Is there of the Export-Import Bank because all motes integrity and emphasizes the objection to the request of the gen- it does is create more jobs and more fair application of rules and regula- tleman from Washington? taxes in the coffers, and it doesn’t take tions. It is thus fitting that Belarus There was no objection. away anything from the taxes of the should do the same and show its citi- Mr. HECK of Washington. Mr. Speak- American public. zens and the international community er, I rise in support of reauthorization Mr. HECK of Washington. Mr. Speak- that it can play by the rules. of the Export-Import Bank that begins er, I yield to the gentleman from the I then call upon the Belarusian offi- this discussion. 18th Congressional District of Florida, cials for the immediate and uncondi- I yield to the gentleman and my Congressman PATRICK MURPHY, an- tional release of all political prisoners, friend and a passionate advocate on be- other passionate advocate on behalf of including Ales Bialiatski, Mikalai half of the Export-Import Bank, Con- reauthorization of the Export-Import Statkevich, and Eduard Lobau, whom gressman CA´ RDENAS from the 29th Dis- Bank. Amnesty International regards as pris- trict of California. Mr. MURPHY of Florida. Mr. Speak- oners of conscience, imprisoned solely Mr. CA´ RDENAS. Mr. Speaker, we er, I want to thank the gentleman from for the peaceful exercise of their need to reauthorize the Export-Import Washington for his advocacy and pas- human rights. Bank. It is very rare that you will see, sion for this critical issue for our coun- quite frankly, any government on the try and for American jobs. f planet that actually has a program Mr. Speaker, I rise today to speak ECONOMIC ENVIRONMENTAL that they support, that actually puts out on the urgent need for Congress to ISSUES AFFECTING OUR REGION money back to the taxpayers rather reauthorize the Export-Import Bank, boosting job growth at home and the (Mr. KILMER asked and was given than costing the taxpayers. I say that is rare anywhere in the export of American-made products permission to address the House for 1 abroad. minute.) world. It certainly is rare here. This Export-Import Bank in the United Coming from the private sector, one Mr. KILMER. Mr. Speaker, I rise of the first things I did after being today to highlight the challenges fac- States is in fact that kind of organiza- tion. For example, last year the bank elected was embark on a jobs tour, ing our coastal communities. which included over 70 meetings, Last week, I was honored to help or- supported 205,000 American jobs. I did not say ‘‘exported jobs.’’ I said ‘‘sup- roundtables, and company visits within ganize a conference in my district that the first year. I have taken ideas and brought increased attention to the eco- ported 205,000 American jobs.’’ That is what those loans did for American suggestions from all of these conversa- nomic, social, and environmental pri- tions and have put them into a plan to orities of tribal communities. companies. In addition to that, it should be grow jobs in the Palm Beach-Treasure With Interior Secretary Sally Jewell, Coast district that I am so proud to tribal representatives, and other Fed- noted that the loans that are being given are actually filling the gap that represent. eral agency officials and stakeholders, This plan consists of commonsense, private banks will not or choose not to we were able to make significant pro-growth policies that allow new support; but our American companies progress in recognizing the need for ac- businesses to gain a solid foothold in a need that kind of support, especially tive and sustained engagement on eco- tough economy and for existing busi- when they are competing in our global nomic environmental issues affecting nesses to expand and prosper. One of our region. economy. The Export-Import Bank is the major focuses of this plan is on how Secretary Jewell rightly pointed out exactly that mechanism that should the government can provide stability that we have a moral obligation to act exist. and certainty and resources to keep What I would like to ask all Ameri- in the face of rising sea levels, ocean jobs at home by investing in our manu- cans is to go ahead and go online and acidification, and severe weather pat- facturing sector and promoting exports start tweeting Export-Import Bank and terns caused by climate change. In my of American-made goods abroad. Reau- find out what your Congressman or district alone, three tribes are cur- thorization of the Export-Import Bank Congresswoman thinks about the reau- rently in the process of relocation due with greater lending authority is one thorization of the Export-Import Bank. to the threats of floods. pillar for how we can do this. If you care about jobs, if you care Mr. Speaker, it is time to act. Let’s As my voting record shows, I have about the person who lives next to you help regions identify their infrastruc- strong feelings about government over- or down the street and they are unem- ture needs and work cooperatively to spending. As a former small business ployed, the Export-Import Bank is an help ensure that we are protecting owner myself, I know that government answer to solving some of the problems coastal communities and their heritage does not create jobs. But government in our economy in this country. Yes, sites, maintaining livelihoods, and liv- does have the responsibility to create there are too many Americans out of ing up to our treaty and trust obliga- an environment conducive to job work, but not reauthorizing the Ex- tions. growth, and that is exactly what the port-Import Bank will just contribute Let’s also work to develop new, Ex-Im does at zero cost to taxpayers. even more to companies in the United cleaner energy sources, cut carbon It is an unfortunate reality that the States not being able to compete, but emissions, and lead a global effort to United States buys much more than it also possibly closing their doors. tackle the real threat of climate sells. In 2013 alone, we imported over In addition to that, I would like to change. $400 billion, about 25 percent of GDP, point out that every developed country more than we exported. We need to re- f in the world actually has their version verse this trend by boosting U.S. man- REAUTHORIZE THE EXPORT- of an Export-Import Bank. And some of ufacturing and exports. IMPORT BANK those countries like China and India Now, the world knows we have the are actually tenfold, maybe 100 times best equipment and the most highly The SPEAKER pro tempore. Under the support that we are giving to our trained workforce, and our products the Speaker’s announced policy of Jan- domestic companies here they are giv- are sought after around the world for uary 3, 2013, the gentleman from Wash- ing to their companies so they can their high quality and skilled work- ington (Mr. HECK) is recognized for 60 compete or perhaps overcompete manship. minutes as the designee of the minor- around the world. We must better leverage these ity leader. I think it is important for all of us as strengths and provide greater oppor- GENERAL LEAVE Americans to understand that there is tunity to export goods made in Amer- Mr. HECK of Washington. Mr. Speak- something good about the Export-Im- ica. One of the best ways to do this is er, I ask unanimous consent that all port Bank, and that is that it exists for by reauthorizing the Export-Import Members have 5 legislative days to re- creating American jobs. That is ex- Bank before its current charter expires vise and extend their remarks and in- actly what it is doing. If you are con- on September 30. clude extraneous material on the sub- cerned about the American tax dollar, Just a few months ago, we celebrated ject of my Special Order. you would support the reauthorization the 80th anniversary of the Ex-Im Bank

VerDate Mar 15 2010 03:17 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.055 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE H3278 CONGRESSIONAL RECORD — HOUSE April 29, 2014 and its commitment to boosting the Mr. HECK of Washington. When whose goods are purchased from for- sales of U.S. products overseas. Ex-Im someone in America builds a better eign entities. supported over 200,000 American jobs in mousetrap or improves upon the design If you want more information on 2013 alone and generated over $1 billion of an existing product, the world takes this, the very best place to get it is at in revenue in 2012. With my district notice. Companies, governments, and the Export-Import Bank’s own Web being home to a growing manufac- industries in countries from South Af- site, www.exim.gov. Look up the busi- turing sector and its proximity to sev- rica to Turkey and in between are po- nesses in your area that have benefited eral major ports, export sales are a tential customers for well-crafted, from the Export-Import Bank. major economic issue for our commu- American-made products. As was mentioned earlier, lo and be- nity, contributing tens of millions of But in the modern-day globalized hold, we actually even make money off dollars to our local economy every economy, credit is necessary for com- the Export-Import Bank. Last year year. plex transactions. Buyers and sellers alone, over a billion dollars transferred The Ex-Im Bank is especially bene- need assurance that the deals are le- to the U.S. Treasury off the profits of ficial to small businesses, which are gitimate. Without that, they are forced the Export-Import Bank. As a matter the backbone of our economy, creating to imitate products, violate intellec- of fact, in the 80 years of its existence, two-thirds out of all new jobs nation- tual property rights and standards, and quite literally not one red penny of wide. American companies lose out on mar- American taxpayer dollars has ever b 1615 ket share. been used in support of the Ex-Im. Not For 80 years, our economy has ex- one red penny. It lowers the deficit and More than 85 percent of Ex-Im’s panded and grown beyond our borders does not use taxpayer dollars. transactions benefit U.S. small- and and into the developed and developing As I mentioned, it is small compa- medium-sized businesses, helping these world, in part because of the Export- nies. Take a company like Pexco, entrepreneurs compete globally. Import Bank of the United States. which is located in the 10th Congres- In my district, the majority of ex- sional District in Fife, Washington. porters are also small businesses. I re- Today, with U.S. trade deficits growing They produce traffic control products cently met with one such business dur- as exports fall, we need now more than you see on the road when repairs are ing my jobs tour, Locus Traxx World- ever to be able to support increases in being made, like traffic cones, raised wide. They were recognized with an Ex- exports. curbs, reflective signs, and barricades port Achievement Award by the U.S. Exports accelerate our economic indicating where the road is blocked Department of Commerce for their suc- growth, and the Export-Import Bank is off. They are used all over the world. cessful entry into the international a key part in encouraging just that ac- tivity. Increased exports translate into In fact, just recently, a distributor marketplace. from Denmark purchased $125,000 I also must commend our local Ex- more jobs in America. Studies have worth of Pexco products, which was fi- port Assistance Center for the great shown that export-related jobs pay, on nanced by the Export-Import Bank. No work they do with local businesses average, 15 to 18 percent more than the commercial bank would have touched such as Locus Traxx, helping them uti- overall average. They are better-pay- that transaction. But it guaranteed the lize the Ex-Im Bank to promote the ing jobs. products would reach Denmark. They selling of goods made in America to Finally, with 95 percent of the poten- were done reliably because of the Ex- buyers overseas. tial customers of U.S. goods and serv- You see, the Export-Import Bank ices living outside our borders, export- port-Import Bank. In fact, in this individual company’s makes a real difference to our economy ing provides vast potential for Amer- instance, which is not atypical of their at the local, State, and national level. ican businesses, large and small. sales—and they are a small company of It is a highly effective and completely Ninety-five percent of the world lives 200 employees—over half is sold inter- self-sustaining mechanism that busi- outside our borders, and the rest of the nationally. Ten percent of total sales nesses of all sizes use to finance ex- world is growing a middle class. So are financed by the Export-Import ports. think of it this way. If we want to keep Even in times of intense partisan- and grow our middle class, we better be Bank. So what is the result? The residents ship, we should all be able to agree on selling into the rest of the world’s of Fife, Washington, are put to work the value the Ex-Im Bank provides to growing middle class. producing their popular products in our economy. It would be shortsighted This is not, and has never been, about traffic safety all over the world. and detrimental to our economic re- picking winners and losers. The Ex- port-Import Bank simply serves to I mentioned it was FDR that actu- covery to allow its charter to expire. ally created the Export-Import Bank 80 We must work together to build a bridge the gap between those who want years ago, and although it was actually brighter future for our Nation, American goods and services and initiated and created by a Democratic strengthen our workforce, grow our Americans that have goods and serv- administration, the support of it has economy, and reduce our deficit. To do ices to sell. It is about leveling the playing field so that small operators always been strongly bipartisan. that, we must come together to con- Republican Presidents such as tinue to support successful programs have access to a global market of cus- tomers equal to that of large corpora- Dwight Eisenhower, Ronald Reagan, like the Ex-Im Bank that help small George H.W. Bush, and George W. Bush businesses prosper, support American tions. For example, the Bank’s export cred- supported the mission of the Ex-Im jobs, and boost our exports. Bank, as did Bill Clinton. All these Now, we can have our differences, but it insurance policy provides payment Presidents were staunch supporters of at the end of the day we have to do coverage for commercial risks such as buyer default and political risk from capitalism and the Ex-Im Bank. what is in the best interest of America. Listen to what President Reagan said war or unrest. The insurance also en- And to do that, we have to work to- when he signed the reauthorization, sures that businesses no longer have to gether. It shouldn’t matter who gets which was a bill that was reauthorized forego sales because they cannot match the credit, as long as America and almost unanimously, in 1986: Americans succeed. the credit terms offered by global com- For 80 years, the Ex-Im Bank has petitors. This is what we are talking This sends an important signal to both our exporting community and foreign suppliers been making sure that we succeed. I about when we say it levels the playing that American exporters will continue to strongly urge my colleagues to join in field. able to compete vigorously for business calling for the commonsense reauthor- There is no other private lender cur- throughout the world. ization of the Ex-Im Bank so that we rently offering what the Export-Import Perhaps an even more conservative may continue to support American Bank provides American businesses. voice, former Vice President Cheney, businesses’ access to global markets For example, 89 percent of the bank’s said in 1997: and increase our Nation’s international transactions directly benefit U.S. small Some of my fellow conservatives on the competitiveness. businesses. That doesn’t even include Hill may have a philosophical problem with I want to thank the gentleman from the small businesses that make up the the fact that the bank is a government agen- Washington for his leadership. supply chain of the larger companies cy, but if they consider the success of its

VerDate Mar 15 2010 03:17 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.055 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE April 29, 2014 CONGRESSIONAL RECORD — HOUSE H3279 lending programs, it would be difficult for not be there when you need it. We lost State Senate, I supported charters as them to object on budgetary grounds. millions in sales because Congress one of the best hopes to genuinely re- For every dollar put into Ex-Im, Che- dithered. form our school system. ney said, ‘‘there’s been a $20 return to Ladies and gentlemen, at the end of In Congress, those of us who support the U.S. economy.’’ the day, this is the most straight- charter schools should express that And again, the same speech, Vice forward imaginable proposition. This is support by ensuring that Federal pol- President Cheney said: about shoring up, strengthening, sup- icy encourages States to adopt expan- Ex-Im Bank is remarkably effective at porting the manufacturing sector of sive charter laws. helping create jobs, opportunities for trade, the American economy and creating Further, we need to ensure that stable democracies, and vibrant economies good-paying jobs. Washington does not put up bureau- throughout the world. The Bank has made a With that, Mr. Speaker, I yield back cratic roadblocks that would keep tremendous contribution as a rapid response, the balance of my time. State, city, and county governments service-oriented agency designed to meet the export financing needs of American busi- f from experimenting with new ideas and nesses. CURRENT EVENTS AFFECTING establishing effective charter school Indeed, the Bank has been reauthor- AMERICA programs. ized a number of times throughout its Mr. Speaker, I cannot say enough The SPEAKER pro tempore. Under about how impressed I was to spend history—almost always unanimously, the Speaker’s announced policy of Jan- until of late—each time making it time with the educators of the North uary 3, 2013, the gentleman from Texas Carolina Leadership Academy, individ- more effective for the economic cli- (Mr. GOHMERT) is recognized for 60 min- mate of the time. uals who seek daily to impress upon utes as the designee of the majority the students the values encapsulated in So let’s have a conversation about leader. how to make it better. Let’s have a the school motto of ‘‘Scholarship, Mr. GOHMERT. Mr. Speaker, at this Leadership, Citizenship.’’ conversation on how to get the word time I yield to my dear friend, Dr. VIR- out to businesses that they have yet to I expect many good things from the GINIA FOXX. remarkable young scholar leaders cur- tap into their potential global mar- Ms. FOXX. Thank you, Congressman kets. Let’s talk about how to get our rently being educated by this wonder- GOHMERT, my classmate and friend. I ful school. The community will reap economy running and get ahead of our appreciate very much you yielding global competitors. the benefits of having this school in its time. midst for years to come. Let’s remember, as Congressman Mr. Speaker, last week, I had the op- CA´ RDENAS alluded to, every single de- Mr. GOHMERT. I appreciate so much portunity to visit a remarkable public my colleague from North Carolina. veloped entity in the world has an Ex- school in Kernersville, North Carolina. Im Bank-like entity, and if we do not Having been a president of a univer- In addition to preparing students aca- sity, she knows all about education. reauthorize the Ex-Im Bank, it is the demically for college, the North Caro- It is certainly one of the areas where equivalent of and tantamount to uni- lina Leadership Academy is publicly we are failing American youth these lateral disarmament in a global econ- committed to giving their 400 students days, and you would have thought that, omy—one in which global trade has in- ‘‘the opportunity to develop true lead- if the Federal Government were the an- creased fivefold just since 1980. ership qualities and become creative swer to everybody’s problems, then What is the Export-Import Bank thinkers and problem-solvers while re- when President Carter started the De- about? It is about jobs, jobs, jobs. Yes, taining a sense of responsibility for partment of Education, everything 200,000 last year, but over a million in their families, their community, and would have gotten instantly better; but the last 4 years. their country.’’ over 35 years later, it turns out the Every month we spend debating the NCLA has an ambitious mission, and Federal Government is not the answer merits of the Export-Import Bank in- they are executing it so well that last to better education. stead of encouraging companies to ex- year this charter school had over 700 I have talked with enough high plore the world market, the economy applicants for 95 openings. The wait school students who also say the Fed- loses billions of dollars in potential ex- list has over 600 names, and is growing. port opportunities. The jobs, especially eral Government is not the answer to in manufacturing, stagnate. People re- b 1630 their food problems. I have met with main unemployed when they want to It was a privilege to spend time with cafeteria workers and leaders who say work. the remarkable students and faculty of that kids are not eating the food. They As a member of the House Financial NCLA. I was truly impressed by their are required to choose from lists of Services Committee, I am encouraging, commitment to scholarship, by the foods to put on the plates that they I am urging, I am beseeching, I am leadership skills of the students, and had heretofore not heard of before that pleading with the chair to hold hear- by the remarkable academic progress students don’t want, don’t like. ings as soon as possible on reauthoriza- that was on display. The football players were saying last tion of the Export-Import Bank. We All NCLA students in grades 7–12 par- fall: How in the world can we go to have been waiting 15 months for some- ticipate in Civil Air Patrol, a program football practice and all we get is this thing to happen. And it is time to move established by Congress in 1946 that piddly little bit of meat and other stuff forward. uses military-style uniforms, customs, we can’t eat? Let us be clear-eyed and cold-blooded courtesies, ceremonies, and drill in So obviously, education, food has not about what the cost is of not doing order to improve student leadership been helped, certainly not according to anything. At a recent roundtable of skills, fitness, and character. This pro- my constituents in east Texas, the vast businesses who had been involved with gram is working. majority; and education itself does not the Export-Import Bank there was a NCLA places a strong emphasis on seem to have made all that great or re- gentleman present from a company in family involvement; and the level of markable progress since the Carter ad- California. I believe his name was commitment demonstrated by parents, ministration started the Department of Steve Wilburn and the company was families, and the Piedmont community Education and Congress began putting named FirmGreen. at large was impressive. strings on virtually everything they Literally, in the course of the con- Community engagement is a key to did in the way of educational support. versation he raise his hand and he said, success of any school, and the commu- The 10th Amendment had some real I just lost a multimillion-dollar order nity’s support for NCLA is a good re- meaning and was really visionary. It of sales, and I am told the reason I lost minder that decisions about the edu- was the last of those first 10 Bill of it is that our competitor manufacturer, cation of our youth should remain Rights and, in essence, said everything which was in another country, per- local. that is not specifically enumerated as a suaded the purchaser that the cloud I have been a strong supporter of power of the Federal Government is re- hanging over reauthorization of the charter schools for my entire legisla- served to the States and the people; Export-Import Bank may mean it will tive career. In the North Carolina that is because the genius of our

VerDate Mar 15 2010 03:17 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.057 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE H3280 CONGRESSIONAL RECORD — HOUSE April 29, 2014 Founders collectively was the best an- They include a newly declassified that video, repeatedly making the swers are found locally, not by bureau- email showing then-White House Dep- point to add cover to their cover story crats in Washington, D.C. uty Strategic Communications adviser that it was not a failure of policy by I was shocked to go online years ago Ben Rhodes and other Obama adminis- the Obama administration that caused and see that one of my school districts tration public relation officials at- and failed to suppress the attack at was bragging that, gee, about half of tempting to orchestrate a campaign to Benghazi, but it was some video by their employees were actually teach- reinforce President Obama and to por- some lone person out in California who ers. I was shocked. I would have tray the Benghazi consulate terrorist must be stopped. thought that, if we really cared about attack as being ‘‘rooted in an Internet They spent tens of thousands of dol- education, the big bulk of employees video and not a failure of policy.’’ lars running this commercial in foreign would be teachers. Other documents show that State De- countries to help give cover to what So I did further investigation and partment officials initially described were the true facts, the true facts found out that before the national De- the incident as an attack, a possible being that this was nothing about a partment of Education was created kidnap attempt. video; it was all about a planned con- under Jimmy Carter, there was be- The documents were released Friday certed attack, which it turns out may tween 70 and 80 percent of the Texas as a result of a June 21, 2013, Freedom have even utilized weapons that the educational employees who were teach- of Information Act lawsuit filed United States provided to these rebels ers. against the Department of State to over many of our objections on this Naturally, when Washington gets in- gain access to documents about the House floor, and with the President volved, there are more requirements controversial talking points used by saying he really didn’t need congres- for the State agency—education agen- then-U.N. Ambassador Susan Rice for a sional support because he had Islamic cy in each State; then with more State series of appearances on television— countries and France wanting us to get education accountability and require- Sunday news programs—on September in there and provide weapons and air ments to Washington, there became 16, 2012. cover to the al Qaeda-backed rebels. more bureaucrats there, which meant Judicial Watch had been seeking 1645 there had to be more bureaucrats in b these documents since October 18, 2012. the local school districts. We knew there was al Qaeda in- If we want to ever get back to having The Rhodes email was sent on Friday, volved. As we said on the floor back the best education that we can get for September 14, at 8:09 p.m., with the during those days, we just don’t know our dollar, we need to get back to ob- subject line, ‘‘Re: Prep call with Susan: how extensive it is. We think we ought serving the 10th Amendment. The best Saturday at 4 p.m. ET.’’ to wait until we know how extensive educational accountability comes not The documents show that the prep the al Qaeda involvement is. But this from some bureaucrat on his buttocks was for Ambassador Rice’s Sunday administration wouldn’t have that. here in Washington, but from those news show appearances to discuss the They moved ahead. They furnished who are there locally that see what is Benghazi attack. The documents list as weapons. And it could very well turn happening in the school. a goal, ‘‘to underscore that these pro- out that there were people in our party We have done enough damage. One of tests are rooted in an Internet video that said, okay, all right, if that is the disagreements I had with former and not a broader failure of policy.’’ what you want to do, but it certainly President George W. Bush, who I like I might insert parenthetically here wasn’t this congressional body that did and admire—I think it unfortunate that, actually, this must be taken in that. that people do not appreciate either his context in 2012 because there was an The President got his will. They fur- intelligence or his very, very clever election only weeks following this inci- nished weapons to rebels that included wit. dent, and the big campaign line that al Qaeda. This administration refused Unlike Mr. Gore, who seemed to have Osama bin Laden is dead, GM is alive, to provide the security that was re- trouble being able to make good al Qaeda is on the run, didn’t look quested by more than one person, but enough grades to stay in graduate pro- nearly as tantalizing if it turns out al including Chris Stevens, himself. It re- grams, former President Bush didn’t Qaeda—al Qaeda may be on the run, fused to provide it. have any problem getting through and but if they are, they are running to- How bad would that look right before getting an MBA from Harvard; though ward American interests and killing an the election: A mere matter of weeks obviously, Harvard is not what it used American Ambassador and other State before early voting started, and it to be when it would embrace and allow Department personnel. turns out that not only did they not debate from all sectors. Now, it is the This article goes on to say: provide security as requested, when it liberal sector, or they don’t really ap- Rhodes returns to the ‘‘Internet video’’ was requested, heck, they may have preciate you. scenario later in the email, the first point in even provided the weapons to the So, anyway, No Child Left Behind a section labeled ‘‘Top-lines.’’ rebels who killed our Ambassador. It was a big mistake. When Governor And here is the quote: was the first time an Ambassador had been killed since the Jimmy Carter ad- George W. Bush pushed accountability We have made our views on this video crys- at the State level, he was acting within tal clear. The United States Government had ministration, and here it was hap- the bounds of the Constitution. nothing to do with it. We reject its message pening again. I had hopes that this administration and its contents. We find it disgusting and This administration knew exactly would actually keep the promise that reprehensible, but there is absolutely no jus- what would happen when America finds they would dismantle No Child Left Be- tification at all for responding to this movie out that an administration is tooth- hind. It has been eased, but not nearly with violence, and we are working to make less, is ineffectual, and has actually what should have happened. sure that people around the globe hear that brought assistance to radical Islamists It turns out that the administration message. becoming in charge of a country. Be- has been so busy with other aspects Mr. Speaker, it also should be noted cause, after all, it was the Carter ad- that, apparently, it has not had the here that it was not only sending ministration that did as this adminis- time to devote to dismantling No Child Susan Rice out to mislead the Amer- tration did with Mubarak and Qadhafi Left Behind, as they might have hoped. ican people before the election into be- in saying they have got to go, pushed We have this story from today, April lieving that this was not a failure of an ally out. It was not a very nice one 29, 2014, Washington, D.C., from Judi- policy by the Obama administration, by any stretch, but an ally. cial Watch, ‘‘Benghazi Documents which it clearly was, but actually, it And then President Carter welcomed Point to White House on Misleading was all about a video. the Ayatollah Khomeini as a man of Talking Points.’’ To perpetuate this misleading, some peace. So then for the first time in The article says that—as a release might argue, fraudulent presentation what was a long period, a radical from Judicial Watch, that they an- of anything but facts included pro- Islamist got control of a major coun- nounced today that, on April 18, 2014, it ducing a commercial with Secretary of try. That opened the door to many obtained 41 new Benghazi-related State State Hillary Clinton saying the thousands and thousands and thou- Department documents. United States had nothing to do with sands of Americans being killed in the

VerDate Mar 15 2010 03:17 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.059 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE April 29, 2014 CONGRESSIONAL RECORD — HOUSE H3281 decades ahead. That kind of ineffectual The Judicial Watch documents confirm Peters Memorial Award to Mr. Mohamed foreign policy that Jimmy Carter had that CIA talking points that were prepared Elibiary on September 8, 2011. saw the results at Benghazi. for Congress and may have been used by Rice Further down, it says: But this article goes on to point out on ‘‘Face the Nation’’ and four additional Elibiary, who in his role as Homeland Se- Sunday talk shows on September 16 had been that: curity adviser has regular access to classi- heavily edited by then-CIA Deputy Director fied information, most recently came under Among the top administration PR per- Mike Morell. According to one email: sonnel who received the Rhodes memo were fire in November 2013 for tweeting out the ‘‘The first draft apparently seemed unsuit- message that America is an ‘‘Islamic coun- White House Press Secretary Jay Carney, able because they seemed to encourage the Deputy Press Secretary Joshua Earnest, try with an Islamically compliant constitu- reader to infer incorrectly that the CIA had tion.’’ In its December 2013 ‘‘Special Report: then-White House Communications Director warned about a specific attack on our Em- Dan Pfeiffer, then-White House Deputy Com- U.S. Government Purges of Law Enforce- bassy. On the SVTS, Morell noted that these ment Training Material Deemed ‘Offensive’ munications Director Jennifer Palmieri, points were not good and he had taken a to Muslims,’’ Judicial Watch identified then-National Security Council Director of heavy hand to editing them. He noted that Elibiary as one of nearly a half dozen Communications Erin Pelton, Special Assist- he would be happy to work with then deputy ‘‘Islamist influence operators’’ within the ant to the Press Secretary Howli Ledbetter, chief of staff to Hillary Clinton, Jake Sul- Obama administration ‘‘seeking to advance and then-White House Senior Advisor and livan, and Rhodes to develop appropriate an ideological agenda completely at odds political strategist David Plouffe. talking points.’’ with our constitutional system.’’ The Rhodes communications strategy The documents obtained by Judicial Watch email also instructs recipients to portray also contain numerous emails sent during Of course, that was December of 2013 Obama as ‘‘steady and statesmanlike’’ the assault on the Benghazi diplomatic facil- when actually it was December of 2012 throughout the crisis. Another of the ity. The contemporaneous and dramatic when the Egyptian Muslim Brother- ‘‘goals’’ of the PR offensive, Rhodes says, is emails describe the assault as an ‘‘attack.’’ controlled government had a periodical ‘‘to reinforce the President and Administra- Just as State Department number that talked about, a year before this, tion’s strength and steadiness in dealing the six Muslim Brothers who had such with difficult challenges.’’ He later includes two person in Libya said Chris Stevens as a PR ‘‘top-line’’ talking point: described it: We are under attack. powerful influence and roles in this ad- ‘‘I think that people have come to trust There was nothing about a video. The ministration. that President Obama provides leadership American people were duped right be- This goes on to talk about Mr. that is steady and statesmanlike. There are fore the election, as was the intent. Elibiary and his role in the Homeland always going to be challenges that emerge Back to the article: Security Department. Personally, I had around the world, and time and again, he has September 11, 2012, 6:41 p.m., Senior Ad- an opportunity to question Janet shown that we can meet them.’’ viser Eric Pelofsky to Susan Rice: Napolitano as Secretary of Homeland The documents Judicial Watch obtained ‘‘As reported, the Benghazi compound Security more than once about Mr. also include a September 12, 2012, email from came under attack and it took a bit of time former deputy spokesman at U.S. Mission to Elibiary. for the ‘annex’ colleagues and Libyan Feb- the United Nations Payton Knopf to Susan And actually, on the night before one ruary 17 brigade to secure it. One of our col- Rice, noting that at a press briefing earlier of our hearings, I had talked to the leagues was killed—IMO Sean Smith. Am- that day, State Department spokesperson head of the Texas Department of Pub- bassador Chris Stevens, who was visiting Victoria Nuland explicitly stated that the lic Safety, Steve McCraw, a great man, Benghazi this week is missing. U.S. and Lib- attack on the consulate had been well yan colleagues are looking for him.’’ a great patriot, a former FBI agent. He planned. understands what is going on in this Further down, it notes how much ma- The email sent by Knopf to Rice at 5:42 country. And he was alerted that Mr. p.m. said: terial is blacked out in so many of the Elibiary had downloaded two docu- ‘‘Responding to a question about whether emails. Judicial Watch President Tom ments from a classified database that it was an organized terror attack, Toria said Fitton said: ‘‘Now we know the Obama Mr. Elibiary only got access to because that she couldn’t speak to the identity of the White House’s chief concern about the perpetrators but that it was clearly a com- Janet Napolitano, to the best we can Benghazi attack was making sure that plex attack.’’ find out, just unilaterally gave him a President Obama looked good.’’ ‘‘And In the days following the Knopf email, Rice security clearance so he could go into these documents undermine the Obama appeared on ABC, CBS, NBC, FOX News, and these Web sites. And he did it from his CNN still claiming the assaults occurred administration’s narrative that it own computer, and he did it at his ‘‘spontaneously’’ in response to the ‘‘hateful thought the Benghazi attack had some- home. They could tell all of this by the video.’’ thing to do with protests or an Internet intelligence they were able to gather, And it is worth noting, there were video. Given the explosive material in and it was clear he had downloaded two people that used those words, ‘‘steady’’ these documents, it is no surprise that and ‘‘statesmanlike.’’ And certainly documents. we had to go to Federal court to pry What was in an article and published this would have appeared to be a real them loose from the Obama State De- was that the article writer said that he problem for the administration that partment.’’ had talked to someone in the national someone speaking soon after the at- Well, that has led to this printing media who said that Elibiary had tack and the murder, the assassination that I did of another Judicial Watch shopped those two documents to this of Chris Stevens and three American FOIA request. This is an article from national media source, and they didn’t patriots, Ms. Nuland, not knowing that here in D.C.: accept it. They were concerned about she was supposed to use talking points Judicial Watch announced today that on accepting classified documents and and mislead the American public and March 25, 2014, it filed a Freedom of Informa- printing them, and so they didn’t. the world, spoke the truth because she tion Act lawsuit against the Federal Bureau hadn’t gotten the email, the talking of Investigation seeking agency records re- b 1700 points to mislead Americans and the lated to the awarding of the Louis E. Peters The next day at our hearing I world. So she spoke the truth. Award in 2011 to Mohamed Elibiary, a mem- ber of the Department of Homeland Security brought this up to Secretary Napoli- It was very clear, as it was to those Advisory Council. Elibiary is alleged to have tano. She said she didn’t know what I in Libya, that this was a complicated close ties to radical Islamist organizations, was talking about, basically, and she attack. It was well planned, well co- including the Muslim Brotherhood. would look into it. What she didn’t ordinated, and it had nothing to do And I will insert parenthetically here know is that I knew when she made with the video. that, actually, when a Muslim Brother, those false statements that her chief of This article goes on: Morsi, was President of Egypt, a peri- staff the night before, her chief of staff On Sunday, September 16, Rice told CBS’s odical there was bragging about six top had talked to Steve McCraw and had ″ ‘‘Face the Nation : Obama officials who were Muslim told him, look, I know you are con- ‘‘But based on the best information we cerned—basically that is what he said: have to date, what our assessment is as of Brothers, and one of them was Mr. the present is, in fact, what began spontane- Elibiary from Texas. I know you are concerned, but I have given ously in Benghazi as a reaction to what had This points out here: a full briefing of what happened to the Sec- transpired some hours earlier in Cairo where, Judicial Watch seeks the following docu- retary herself. She knows what is going on. of course, as you know, there was a violent ments in its June 24, 2013, FOIA request: She is fully briefed on the matter. protest outside of our Embassy sparked by Any and all records regarding, concerning, So either Secretary Napolitano lied this hateful video.’’ or related to the awarding of the Louis E. to me and the Congress in our hearing

VerDate Mar 15 2010 03:17 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.061 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE H3282 CONGRESSIONAL RECORD — HOUSE April 29, 2014 under penalty of perjury, or her chief cause CAIR and ISNA were identified really more tribal, we are more re- of staff just completely made up that by a United States District Court, that gional. But you gave us a government he had just briefed the Secretary on was upheld by the U.S. Circuit Court of where the president gets to appoint this troubling security breach. Appeals, that CAIR and ISNA are front every governor, every mayor, every po- I would like to think that if the Sec- organizations for the Muslim Brother- lice chief, most of the higher level retary, as here, had unilaterally put hood. Yes. CAIR and ISNA, they regu- teachers, a slate of many of the legisla- what Egypt considered a member of the larly complain. They give instructions. tors that has some powers of the purse. Muslim Brotherhood into our very They give insights to this administra- All they ask is let us elect our own tight inner circle and given him a se- tion. And CAIR, particularly, had com- governors, mayors, and pick our own cret security clearance without going plained about things that radical police chiefs, and that way the Taliban through the normal vetting that is sup- Islamists might find offensive in the just can’t knock off the president or posed to be required, and if that person FBI training material, so they were co-op the president and take back over that she unilaterally got that position purged. Afghanistan, which is what is about to had breached the protocol and A couple of us went through these happen the way this administration downloaded documents from a classi- documents that were purged, but we has so poorly handled our foreign pol- fied setting, that somebody, for Heav- were told the setting and the informa- icy. en’s sake, would have alerted the Sec- tion was classified so I can’t go into it. They said that if you could at least retary of Homeland Security. But she But, Mr. Speaker, I can tell you it was push through an amendment that let sat right there and told me that, no, shocking that some of that stuff was us elect our governors, mayors, and get she didn’t know anything about it. purged. Some of it was stupid. It didn’t our own police chiefs, then we could be The next time I asked her about it, have to be there. But when, as one of regionally strong. So maybe the however, she said she had looked into our intelligence officers told me, we Taliban gets one region, but the rest of it and there was nothing to it. Unfortu- blind ourselves to our ability to see our us could rise up and put him out of nately for her, and unfortunately for enemy, then when you go investigate business again. our country and its own security, no someone that you have been given a Mr. Speaker, why wouldn’t that be a one had bothered to properly look into heads up is radicalized and is a threat good strategy? We don’t even need Americans to carry that out. We don’t the matter because the reporter who to kill Americans, you don’t know need Americans sitting and hoping, as published the article that he had what to ask. Because if you knew what John Kerry once said about Vietnam, talked to, a national media source, said to ask, you would go to the mosque and that they are not the last one to die Elibiary tried to get him to publish the say, who knew Tsarnaev? Have you leaving Afghanistan. I have been to too classified documents. Nobody called ever heard him talk about ‘‘Qutb’s many funerals of people who gave the that reporter. Nobody talked to that Milestones,’’ that publication he wrote, last full measure for this country in reporter. He probably wouldn’t have you know, the one that Osama bin Afghanistan. We owe it to them not to disclosed his source, but nobody both- Laden said helped to radicalize him? let it fall immediately back into ered to even talk to the reporter that If you know about radical Islam, you Taliban hands, and we could prevent knew Mr. Elibiary had shopped those would know the questions to ask. But that without any more American blood documents. our FBI, our intelligence, they are not If homeland security could be so allowed to get that information any- being shed. We prop up financially the Afghan poorly run at the highest level, over its more because it might offend a radical Government to the point that if we put own security, is the rest of America Islamist. Thank God for the moderate enough pressure on—and I know this really very safe? The FBI in 2011 gave Muslims around the world who do not administration always puts pressure on their highest civilian award, or one of want radical Islamists in charge of the wrong people. Instead of the Pales- the highest awards, to this same person their country. And our friends that tinian terrorists, we put pressure on originally helped to defeat the Taliban, who was a featured speaker at the trib- Israel to keep giving away their secu- ute to the Ayatollah Khomeini. In fact, the Northern Alliance in Afghanistan, rity and safety. In Afghanistan, we the tribute was entitled, ‘‘A Tribute to are in trouble because we have aban- pressure the people of Afghanistan to the Great Islamic Visionary, Ayatollah doned them, and this administration give up their security and safety be- Khomeini.’’ Well, there were no cam- now won’t have anything to do with cause we want to cut a deal with the eras allowed in that big tribute, so we them. They fought the Taliban. They Taliban. The thing to do is to empower don’t know exactly what Mr. Elibiary defeated the Taliban, and the last great the enemy of our enemy, and they will had to say in tribute to this great Is- fight consisted of Northern Alliance keep our enemies at bay. That is what lamic visionary, the Ayatollah Kho- leader, General Dostum, a legend, needs to be done in Afghanistan. meini, who was responsible for kick- riding with about 2,000 Northern Alli- That is why it is so important lest starting this radical Islamic effort ance tribesmen on horseback. Dostum anyone is attempted to ask the ques- against the Great Satan, the United said they had to go on horseback be- tion about Benghazi, what difference, States, from their way of thinking. cause they knew soldiers on foot would at this point, does it make how our So he is entitled to the FBI’s great never make it up the hill, that moun- four Americans were killed? Well, it tribute to civilians? It kind of gives tain, to get to the Taliban stronghold. makes a difference because if we had you a little insight, Mr. Speaker, into Their only chance to get through the learned the specific breakdowns and how in the world the FBI, after the rocket-propelled grenades and the bul- causes during the Clinton years of two United States got two heads-ups from a lets was to ride on horseback. And they Embassies being attacked and Ameri- foreign government that was not nec- knew many of them wouldn’t make it, cans dying, then perhaps we would essarily our friend, that Mr. Tsarnaev but they really believed enough of have been better prepared at Benghazi. had been radicalized. They talked to them would that they could defeat the But since we didn’t learn the lesson Tsarnaev. The best we could get from Taliban. That is the kind of courage— under the Clinton administration be- the hearings that we had when we ques- and, yeah, they fight the Taliban the cause people in that administration ap- tioned Director Mueller, the FBI Direc- way the Taliban fights. They are pret- parently were wondering what dif- tor at the time—apparently they ty tough folks. But they are the enemy ference does it make how or why these talked to Mr. Tsarnaev, and he didn’t of our enemy, the Taliban. people died and let’s just move on, and confess to them that he had become So this administration doesn’t really so Americans died in the future. If we radical. They talked to his mother, and want to have anything to do with the are going to stop that in the future she didn’t confess that he had become Northern Alliance that were our allies. from here, we need to know at this radical. And when I said that you Instead, they keep wanting to cut some point what happened in Benghazi. didn’t even go out to the Muslim tem- kind of a deal with the Taliban. And all Now, not only is this administration ples there in Boston where the the Northern Alliance said was, Look, continuing to thwart efforts to get to Tsarnaevs attended to ask questions— you know, you helped force this con- the bottom of what happened at you can ask questions if you had prop- stitution upon Afghanistan that cen- Benghazi, it also sends our Secretary of er training. Oh, yes, that is right, be- tralizes the government when we are State to insult the Israelis yet again.

VerDate Mar 15 2010 03:17 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.063 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE April 29, 2014 CONGRESSIONAL RECORD — HOUSE H3283 This time, as this article from the have to have fences, so you can’t just intifada again in which hundreds and Daily Beast, 4/27, points out: walk in and blow up innocent people. hundreds of Israeli citizens will be The Secretary of State, that is John Kerry, How have the Palestinians taken to senselessly killed again. said that if Israel doesn’t make peace soon, that? Well, they have taken to it by You know, there was a reason—and I it could become ’an apartheid state,’ like the continuing to have, in their textbooks, was talking to one of my Democratic old South Africa. Jewish leaders are fuming references to Jewish people as rats or colleagues yesterday about Secretary over the comparison. Kerry’s remarks. There was a reason If there is no two-state solution to the vermin and other such references. Israeli-Palestinian conflict soon, Israel risks They elicit hatred from the little the majority of the United States said: becoming ’an apartheid state,’ Secretary of schoolchildren against Jews. They you know what, we are concerned State John Kerry told a room of influential name holidays and landmarks and about some aspect of John Kerry. We world leaders in a closed-door meeting Fri- monuments and streets after people don’t want him to be the spokesman day. who have been able to kill innocent around the world for the United States Senior American officials have rarely, if people in Israel. of America. So it could be credited to ever, used the term ’apartheid’ in reference President Obama, we will give him an- to Israel, and President Obama has pre- You know, that is one thing about viously rejected the idea that the word the United States, we don’t normally other chance. We will let him speak for should apply to the Jewish state. Kerry’s use name holidays and streets and land- America, I will appoint him Secretary of the loaded term is already rankling Jew- marks and monuments for people who of State. ish leaders in America—and it could attract kill innocent other people. We name And he has shown yet again, you unwanted attention in Israel, as well. holidays and streets for people like know what, there really was a reason It wasn’t the only controversial comment that the American people did not want on the Middle East that Kerry made during Martin Luther King, Jr., an ordained Christian minister who said, by his life, him to be the international spokesman his remarks to the Trilateral Commission, a for America. It is time, I believe, he recording of which was obtained by The you don’t use violence to kill innocent Daily Beast. Kerry also repeated his warning people. came home and ceased being Secretary that a failure of Middle East peace talks Those are the kind of people we re- of State. Here is an article from yesterday by could lead to a resumption of Palestinian vi- spect here in America. Those are the Ben Shapiro. He is a Jew. He is bril- olence against Israeli citizens. He suggested kind of people we name holidays and that a change in either the Israeli or Pales- liant. He is a friend. He wrote yester- streets for, but not in Palestine. Oh, tinian leadership could make achieving a day an article titled, ‘‘The Anti-Semi- no. Oh, no. And this Secretary of State peace deal more feasible. He lashed out tism of the Obama administration.’’ He against Israeli settlement building. And blames Israel. He does say there is talks about Kerry’s comment about the Kerry said that both Israeli and Palestinian some blame to share, but as the Prime apartheid state. Ben says in his article: leaders share blame for the current impasse Minister of Israel, Benjamin in the talks. This is pure anti-Semitism. Blaming Israel Netanyahu, said standing at that po- for its incapacity to make peace with people Yeah, let’s figure that out, Mr. dium right there: whose stated goal is to murder Jews cannot Speaker. Israel and Palestinians share If the Palestinians lay down their weapons, be construed as anything other than Jew ha- the blame for the breakdown of Pales- there will be peace; if the Israelis lay down tred. Likening the Jewish state to South Af- tinian peace talks because Israel says their weapons, there will be no Israel. rica, despite the fact that there are well over you just have to recognize we have a After World War II, when it was a million Arab citizens with full voting rights and despite the fact that the Pales- right to exist as a Jewish state so we learned the extent of the Holocaust, of don’t suffer another Holocaust. tinian territories are completely Judenrein, killing 6 million or so Jewish people is more of the same. b 1715 simply because of their race, simply Upon tape of his remarks hitting the press, Kerry immediately backtracked, stating, ‘‘I And the Palestinians say: you are the because of who they were, the world re- acted so strongly and appropriately, will not allow my commitment to Israel to little Satan, America is the great be questioned by anyone, particularly for Satan, we intend to wipe you off the they said: we can’t allow this to hap- pen again, we need to create the nation partisan, political purposes.’’ He then dis- map. At no time will we be willing to claimed that he ever said Israel was an recognize your right to exist. So no, we of Israel where Jews can go and be pro- apartheid state and said, ‘‘If I could rewind are not going to agree to allow you to tected in a Jewish state, the only Jew- the tape, I would have chosen a different exist, so the only agreement we will ish country in the world. word to describe my firm belief that the only Amazingly, people that had no con- way in the long term to have a Jewish state enter is if you agree that we have to and two nations and two people is through a still plan on wiping you off the map. cept of what the Bible were actually carried out prophesies from the Old two-state solution.’’ And this is the kind of agreement Sadly, Kerry is simply not believable at that Kerry thinks should be made. Testament, to the letter, by what they this point. The Obama administration has According to the 1998 Rome Statute, did. Maybe there is something to that demonstrated a consistent pattern of anti- the crime of apartheid is defined as: Old Testament and its prophesies. Semitic rhetoric—even aside from their Inhuman acts committed in the context of For those in this administration, per- practical undermining of any Israeli attempt an institutionalized regime of systematic op- haps they are hoping that is not the to stop the Iranian nuclear program with re- pression and domination by one racial group case because this Secretary of State peated national security leaks. It peppers over any other racial group or groups and has, in essence, cursed Israel more than the top ranks of the Obama White House. committed with the intention of maintain- once and that Old Testament that And then the article goes on to point ing that regime. The term is most often used prophesied Israel would be reborn, as it out some of the leaks that were done to in reference to the system of racial segrega- has been exactly, it says those who hurt Israel. tion and oppression that governed South Af- But Secretary Kerry should be en- rica from 1948 until 1994. curse Israel will be cursed and those who bless Israel will be blessed. couraged. Here is an article, ‘‘Far Left So let’s see, in Israel, Palestinians You only have to go back a year be- J-Street Defends Kerry’s Apartheid Ac- get the best jobs anywhere between fore or just last year, November 13, cusations Against Israel,’’ posted by their Palestinian area and Israeli area, 2013. Here is another article about our Jim Hoft on Tuesday, April 29: and they are allowed to hold those Secretary of State from Haifa, Israel: J-Street calls itself the organization that jobs, make the money, and go back ‘‘gives political voice to mainstream Amer- into the Palestinian area; and let’s see, America’s Ambassador to Israel has been ican Jews and other supporters of Israel,’’ in damage-control mode after his boss, Sec- why does Israel want to protect itself? but it is far from a pro-Israel group. In 2010, retary of State John Kerry, wondered rhe- it was revealed that radical far left billion- Oh, yes, before they put up a fence, it torically if Jewish opposition to peace nego- made it too easy for Palestinian sui- aire George Soros donated $245,000 to the tiations with Palestinians was driven by a leftist organization in 2008 and another cide bombers to just walk into a school desire for a third intifada. Intifada is an Ara- $500,000 in subsequent years. yard, walk into an area where innocent bic word for uprising and was the term given Cofounder Daniel Levy was caught on tape children, women, and men are occu- to intensified Israeli-Palestinian violence telling an audience that the creation of pying or having a good time and blow from 1987–1993 and from 2000–2005. Israel was ‘‘an act that was wrong.’’ them up. Our Secretary of State is saying out Wow. Finally, as a matter of their own self- loud in a foreign country that, gee, he Yesterday, this far left anti-Israel group security, they said: no, we are going to is wondering if the Israelis want an defended John Kerry. Pro-Israel groups

VerDate Mar 15 2010 04:52 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.064 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE H3284 CONGRESSIONAL RECORD — HOUSE April 29, 2014 blasted J-Street today after the far left Jew- GOHMERT here. My subject matter for war? Folks attacked them, they fought ish group supported John Kerry’s apartheid this minute is about the National Day the war, and they won, and they want accusation against Israel. The Zionist Orga- of Prayer. I would like to add to his to secure their population. Because of nization of America responded to J-Street’s comments: we should also pray for that, some people think that somehow comments: J-Street has again demonstrated that it is an extremist group, hostile to Israel. Israel is the oppressor. They reacted to Israel, by supporting Secretary of State Recognition of the 63rd Annual Ob- an act of aggression. John Kerry’s ‘‘apartheid’’ accusation against servance of the National Day of Prayer I just want to also read statements Israel. will be this Thursday, May 1. from President Obama from 2008 re- This is the administration that con- Our Nation has a rich prayerful her- garding the usage of the term ‘‘apart- demns, cajoles our friend Israel, sup- itage, a heritage that began with many heid’’: ports and coddles terrorists, radical of our first settlers to the New World There’s no doubt that Israel and the Pal- Islamists in Afghanistan and Palestine, and strengthened through the first na- estinians have tough issues to work out to that went rushing into Libya when tional call to prayer invoked by the get to the goal of two states living side by many of us were saying: look, this isn’t Second Continental Congress in 1775. side in peace and security, but injecting a As reflected in the writings and term like apartheid into the discussion a good idea. We know al Qaeda is sup- doesn’t advance that goal. It’s emotionally porting the rebels. Let’s wait and see speeches of our forefathers, prayer has had a profound influence not only on loaded, historically inaccurate, and it’s not how much of these rebels are al Qaeda. what I believe. But he helped them anyway, and the lives of these great leaders, but also on the content of the Declaration That is not what Americans believe now, we find out, here is an article either. from today from The Blaze titled, ‘‘The of Independence and other founding documents. I think for me and what I want to tell Massive Amount of Weapons Meant for anybody that is watching and anybody Libyan Rebels That Actually Ended Up In his farewell address, President George Washington warned about the that is listening is, this should be proof in Terrorists’ Hands.’’ positive; finally, the evidence of what It is a good article from Sara Carter. consequences that will descend on a Nation that excludes religion from the many conservatives and many people The trouble is these weapons were ac- who support Israel have been saying for tually intended for the terrorists be- public arena. He declared the ‘‘indis- pensable’’ importance of religion, and the last 6 years. Finally, what we are cause we knew—we had information seeing is—if this isn’t proof, I don’t there were al Qaeda terrorists that proclaimed that: ‘‘Reason and experi- ence both forbid us to expect that na- know what is—the thoughts and the were part of the rebels against Qadhafi. feeling and the mindset and what is in I know I just have a couple more tional morality can prevail in exclu- sion of religious principle.’’ the heart of this administration re- minutes, but let me mention, as some garding Israel. This is what they be- of the leadership in the Senate and Today, prayer remains very impor- tant in our daily lives, not only to our lieve. This is who they are. even some on the Republican side here If you support Israel as the only ally, in the House is being encouraged and society, but to each of us individually as well. It calls to mind our actions the only true ally for America in that encouraging others, let’s have some part of the world, if that is who you kind of legal status, amnesty-type bill and helps support us in our daily tasks. Today, I ask my colleagues to join support, then you must recognize this for certain people. for what this is, Mr. Speaker. It is an Or how about in the NDAA that we with me to continue this tradition of prayer and ensure that God remains in- abandoning. It is not only an aban- are going to take up, why don’t we put doning of our ally, our great ally and in there, if you are in this country ille- volved in the affairs of leaders of this great Nation. our true friend, but is a castigation of gally and you are willing to go into the who they are. f service, then we will claim you are When we think about what apartheid legal? ISRAEL’S MODERN HISTORY is, Israel doesn’t represent any of that. Recent veterans are struggling to The SPEAKER pro tempore (Mr. It is an open democracy that lets peo- find jobs, and information indicates CRAMER). Under the Speaker’s an- ple live freely and participate within our military members are being re- nounced policy of January 3, 2013, the the confines of their security situation, leased from the military right and left Chair recognizes the gentleman from and as the representative before me because of the dramatic cuts to the Pennsylvania (Mr. PERRY) for 30 min- discussed, rockets being rained down military, far more than should ever utes. upon them, homicide bombers coming have been allowed by this body, and Mr. PERRY. Mr. Speaker, I stand be- into their children’s school and blow- they are having trouble finding jobs. fore you today to discuss the com- ing up their children, blowing up their The unemployment rate for our vet- ments made recently by Secretary buses on a busy street or a cafe where erans ought to be much lower than for Kerry regarding Israel and apartheid. people are just trying to have a meal. anybody, and it is much higher than I am not going to be one of the many That is their daily life. And we are sup- for the American population, and this people that are probably calling for posed to castigate them for defending administration now and some of our Secretary Kerry’s resignation in that their nation, for their leaders defend- own leadership wants to encourage peo- regard. I too work in the arena of pub- ing their nation against that, and that ple illegally here to go take those jobs lic policy, and I understand that some- is somehow apartheid? away from those being bounced out of times you make mistakes in the things The physical, racial, financial, I the military and let them compete and you say, you say things that you didn’t mean the spiritual and emotional op- bring down the level of wages for the necessarily intend to say. pression for the sake of race, that is middle class in America. It should not I think it is very instructive to talk apartheid. That is not what Israel is be allowed. about it for just a few moments here. I doing. That is not what Israel is about. With that, I yield back the balance of want to remind everybody that Israel That is not what Israel has done. Israel my time. first fought a War of Independence in has tried to live peaceably in that re- f 1948 and 1949, and then fought again in gion of the world among its neighbors. b 1730 1967 in the Six Day War and then again It has fought to exist. It fights every in 1973 with the Yom Kippur War. day to exist. RECOGNITION OF THE 63RD AN- During these periods of time, they For the Secretary of State to use NUAL OBSERVANCE OF THE NA- were attacked, unilaterally attacked that term in describing who Israel is, TIONAL DAY OF PRAYER by their neighbors. Some people say: what they are as a people, what they (Mr. LAMALFA asked and was given Well, we need to go back to those pre- are as a government, it is not only rep- permission to address the House for 1 1967 borders. I ask anybody who was at- rehensible, it in my mind truly defines, minute and to revise and extend his re- tacked, who has been in a fight where it very clearly illustrates what this ad- marks.) somebody sucker-punched them, who ministration believes. So if you are a Mr. LAMALFA. Mr. Speaker, I am was the aggressor, why is it incumbent supporter of Israel, if you are a sup- honored to follow a gentleman like Mr. upon Israel to return the spoils of the porter of the only ally, the true ally of

VerDate Mar 15 2010 04:52 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.066 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE April 29, 2014 CONGRESSIONAL RECORD — HOUSE H3285 the United States in that region of the propriations for the Legislative Branch have been one of America’s greatest as- world, it is time for you to take stock. for the fiscal year ending September 30, sets. They have provided ordinary peo- If you have been a supporter of this ad- 2015, and for other purposes, which was ple throughout the world a chance to ministration, it is time for you to take referred to the House Calendar and or- live decent lives, have jobs in which stock in that support. Is it justified? Is dered to be printed. they can own homes, have jobs that it realistic? Is it what you really be- f will create wealth. It wasn’t because lieve? Because if you believe what this our American people work harder. Peo- PATENT TRANSPARENCY ACT administration believes, then you be- ple work hard all over the world. All lieve that the only answer is for Israel The SPEAKER pro tempore. Under over the world you have people strug- to continue to give, to give of itself to the Speaker’s announced policy of Jan- gling and working so hard, but they its neighbors who hate it, who are con- uary 3, 2013, the Chair recognizes the don’t have freedom and they don’t have tinually trying to destroy it, who gentleman from California (Mr. ROHR- technology. It is the freedom to create refuse after all these years—1947—after ABACHER) for 30 minutes. technology and the utilization of that all these years, continue to refuse as a Mr. ROHRABACHER. Mr. Speaker, technology by ordinary people that ex- matter of just negotiation to acknowl- today, I rise to warn the American peo- pands the creation of wealth so that or- edge Israel’s right to exist as a state. ple that fundamental changes are being dinary people can live well. How much longer will it take, Mr. proposed in our legal system here in Tonight, I would like to alert the Speaker? How many more years until Washington that could have a dramatic American people: one of the funda- these other organizations—you know, impact on their freedom, a dramatic mental elements laid down by our impact on the prosperity of this coun- the taxpayers, the United States tax- Founding Fathers that would help us try, and a dramatic impact on the se- payers, fund the Palestinian Authority create this wonderful country of free- and their effort to pay stipends to pris- curity of our country. These changes that I am talking dom and prosperity for ordinary peo- oners who blow up Israelis, who blow about are not so apparent to the aver- ple, it is now being threatened, it is them up. It is seen as their job. It is age person because they deal with a being threatened by a concerted attack like a paycheck. If you go to prison, very complicated issue of technology by large, huge corporations, multi- you get paid for doing it, and the more and technology ownership. I have been national corporations, who do not have heinous it is, the more you get paid. in Congress for about 25 years—actu- loyalty to the American people at their Yet, somehow Israel is supposed to ally 26 years at the end of this year. heart. turn the other cheek yet again and During that time period, there has Let me note that today, after fight- give of itself to people that blow it up. been an ongoing fight that has not ing this fight for 26 years, the first Even after they give, let’s face it, after been recognized by many American fight that we were in dealt with, they they give, because they have offered to people. were going to put an amendment on give time and time and time again, we It is the fight to maintain a very the gap implementation legislation, all know, Mr. Speaker, it is not going strong patent system in our country. It which is a treaty laying down the rules to be enough. Because the people that has been ongoing because major play- for trade around the world. The provi- call Jews and Israel descendants of ers around the world, especially multi- sions they were going to put in would apes and dogs and pigs, they are not national corporations, have not been have reversed the basic tenets of our going to stop thinking that just be- supportive of the idea that the Amer- patent system. cause Israel agrees to whatever conces- ican people have a right to own their That is, number one, they were going sion they demand. They won’t stop own creations. In fact, our Founding to say that if you apply for a patent, until there is no Israel. That is their Fathers felt that this was so important after 18 months, whether or not that goal. That has been their stated goal, that we have the patent rights and patent is issued to you, it is going to be and it hasn’t changed. copyrights for the average American published for the whole world to see. Mr. Speaker, I just want to again person that they wrote it into our Con- That is what they were trying to foist highlight to anybody that has sup- stitution. I just happen to have a copy on us. I called it the Steal American ported this administration because of of the Constitution here. Technologies Act. their support for Israel, see what it is, Article I, section 8 says one of the Today, if you apply for a patent, that look it in the face. It has shown itself powers of Congress is ‘‘to promote the is top secret. In fact, if somebody in finally for what it truly is. It is not progress of science and useful arts, by the Patent Office leaks that informa- support of Israel, it is support of a po- securing for limited times to authors tion they can be put in jail for a felony. litical agenda that makes Israel con- and inventors the exclusive right to But they wanted to change that be- tinue to bleed, and it is unacceptable their respective writings and discov- cause the rest of the world—Europe for the United States of America to eries.’’ This is what our Founding Fa- and Japan—has that system and they turn its back on this longstanding ally. thers wrote into the Constitution. This want to globalize our rights, especially Mr. Speaker, I yield back the balance is the body of the Constitution. This is our patent rights. of my time. before the Declaration of Independ- b 1745 f ence. Our Founding Fathers were so much They said they were going to elimi- REPORT ON RESOLUTION PRO- in favor of this concept where people nate it so that, after 18 months, they VIDING FOR CONSIDERATION OF would own what they created, and that would just publish it. We fought that H.R. 4486, MILITARY CONSTRUC- would spur the creativity and the ge- back—MARCY KAPTUR, who is a Demo- TION AND VETERANS AFFAIRS nius of people and that would uplift all crat, and I. On both sides of the aisle, AND RELATED AGENCIES APPRO- of humankind, they were so much en- we had people fighting this, and we PRIATIONS ACT, 2015; AND PRO- gaged in that concept they wrote it beat the big guys. VIDING FOR CONSIDERATION OF into our Constitution and put it on par Unfortunately, over the years, we H.R. 4487, LEGISLATIVE BRANCH thus above the Bill of Rights in terms have had three or four of these fights. APPROPRIATIONS ACT, 2015 of speech, religion, and other rights. Sometimes, we have lost; and some- Mr. SESSIONS, from the Committee People like Benjamin Franklin, who times, we have won. Once again, we are on Rules, submitted a privileged report is one of our great Founding Fathers, a talking about people who have come to (Rept. No. 113–426) on the resolution (H. technologist at heart, knew this is the the floor to reform the patent system. Res. 557) providing for consideration of way we would be the shining light of They always use the word ‘‘reform’’ the bill (H.R. 4486) making appropria- the world where ordinary people would when, in reality, they are trying to de- tions for military construction, the De- be able to live well. Jefferson—go to stroy the fundamentals of a strong partment of Veterans Affairs, and re- Monticello and see—he himself was an American patent system. lated agencies for the fiscal year end- inventor. Yes, he was the first adminis- The last patent reform bill was the ing September 30, 2015, and for other trator of the U.S. Patent Office. America Invents Act, which just went purposes; and providing for consider- The intellectual property rights that into effect last year. The patent law- ation of the bill (H.R. 4487) making ap- our people have enjoyed over the years yers and courts and innovators are still

VerDate Mar 15 2010 04:03 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.068 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE H3286 CONGRESSIONAL RECORD — HOUSE April 29, 2014 trying to figure out what the implica- maybe, perhaps, until next year—while tors to protect their inventions. This tions are of the changes that we made we get a chance to look and see what is bill, of course, is a reversal of the frivo- in the last Congress. However, we have in this bill and what impact it will lous lawsuit scam. to recognize that that bill itself was have on the American people. Interestingly enough, what we have the most sweeping in changes to the Right now, as I say, some huge cor- here are large corporate interests that American patent system in the history porate interests are on the verge of want to steal the inventions and inven- of our country. being given power—that is what this tiveness of our little guys by making it Now, even before we see how that is bill would do—to steal the creative ge- too expensive and complicated for going to impact America and the nius and innovation of American tech- them to protect their rights through American people, they are trying to nology entrepreneurs and inventors. our judicial process. shove another one through. It actually What will this do to the United Of course, they are not going to tell has gone through the House. Even be- States? This may help those big com- you that is their goal, but that is what fore we are able to judge the effects of panies for a little while, but in the long it is. They are trying to shackle the the last Congress’ America Invents run, it will undercut the well-being, little guy, so he can’t protect his own Act, another bill—that is H.R. 3309, the the standard of living, the prosperity rights. In the legislation making its Innovation Act—was rammed through that we have for average Americans way through Congress, the terms ‘‘pat- the House last December. here. ent troll’’ and ‘‘patent assertion enti- Its companion bill, S. 1720, the Pat- How could this be? How could this be ty’’ and ‘‘non-practicing entity’’ are all ent Transparency and Improvements happening? Why would we give up our lumped together. Act—all of these sound so good, don’t freedom and undercut our competitive- This is the evil. This is, obviously, a they—right now is being considered in ness? semblance of a wrongdoing by someone the United States Senate. The big boys have set out to scare us and is certainly not a legitimate prop- Prudence and good judgment suggest into giving up our freedom. They have erty right for these people to be bring- that Congress should move forward set out to create some horrible ing these suits. That is what we are slowly and see how at least the last bill threat—the sound of which is very sin- being told. that we put in place is working. If it is ister—that will let us put restrictions The legislation, however, doesn’t phase one, let’s wait for phase two, to on the ownership of intellectual prop- limit just frivolous lawsuits. In fact, it see how phase one is working. Perhaps erty, which we know is America’s doesn’t limit frivolous lawsuits at all. we should take time to see if there are greatest asset, yet we are going to go It limits lawsuits by every inventor. It unintended consequences. along with it because there is some weakens the position of every inventor By the way, there are unintended threat to that. in relationship to a large corporation consequences, but I am here to say to Twenty-five years ago, they called it that is involved with arrogantly trying the American people today that there the submarine patent. Oh, how horrible to steal that inventor’s patent rights are intended consequences to these that was going to be, in that it was without paying the little guy. changes. The intended consequences going to undercut our competitiveness. It is the little guy who created these are to diminish the patent protection Of course, it proved to be nothing, zero. things, and this law that we are put- that has been afforded the American Today, the patent battle is sup- ting through in the name of getting the people since the founding of our coun- posedly aimed at patent trolls. This patent troll basically cuts the ground try—to diminish your rights to own the sinister sounding classification refers out from the people who we have most technologies you have developed. It is a to scam artists who are using patent to be grateful for, the inventors of this great threat to our people. infringement claims to extort money country, who have come up with the This onslaught has been under the from innocent small business men and technology that has created the wealth guise of being pro-patent and pro-in- small business owners. Yes, some of and the freedom that we have here and ventor. They use those words over and that happens in our country. the security that we have here. over again when, in reality, this is cyn- Throughout our economy, you will This battle is the ultimate David ical, and it is being proposed by huge find lawyers who are threatening law- versus Goliath, and I am sorry to say corporations—multinational corpora- suits that are not substantive, but that that the Congress of the United States tions—that despise the little guy be- are aimed at forcing victims to pay and seems to be on the side of Goliath. cause he is demanding to be paid when face exorbitant legal fees in order to After all of these years of fighting this his technology discoveries are being get them off their backs. battle, MARCY KAPTUR and I—Demo- used. Of course, that is a frivolous lawsuit. crats and Republicans on both sides of Instead, of course, what we have is a It is throughout our system, and it is the aisle—now find with this legisla- globalist effort to neuter the patent something that, unfortunately, the av- tion on behalf of one huge, mammoth rights of the American people, the pat- erage businessman in America and company—the ‘‘Goliath Google gang’’ ent rights that we have had—the businesswoman in America has to put we can call them—that they have strongest patent system since our Con- up with. greased the skids. stitution was written. In the whole Frivolous lawsuits have plagued With the power play, of course, we world, we have the strongest patent every portion of our society. Every have to recognize they have greased system. This antipatent juggernaut has businessman, doctor, lawyer—you the skids. They have gotten a lot of been organized and financed by name it—throughout our society is af- them. They have gone way down the megacompanies, by mega-multi- fected by frivolous lawsuits, but this road on this, but they are not national companies. only focuses on, supposedly, frivolous unstoppable, and it is not irreversible The public and, yes, my colleagues lawsuits by inventors. yet, but if the Senate passes the bill, haven’t had time to fully understand How come they are being singled out? that is probably the point of no return. the implications of this power play How come they have to make sure that However, we do have a chance. They that has been ongoing, especially the we have to change the rules of the have overplayed their hand, and that is power play that we see now on the part game, so there won’t be frivolous law- often what happens when companies of the electronic industry giants like suits by inventors, as compared to all become too arrogant. In this case, the Google; yet a vote approaches in the of the other frivolous lawsuits? universities, which are not helpless and Senate which could take us down a That is because this legislation that without supporters as compared to the road which will be hostile to American is going through Congress treats all in- small inventors—the little guys in innovation, a road from which we will ventors as if they are scam artists. You their garages or the small inventors— never return. see, there aren’t any legitimate law- have been put at risk by this legisla- The vote in the Senate should be and suits by these guys against inventors. tion. must be postponed. The American peo- Every one of them is a scam artist. Science and research departments of ple need to speak to their Senators and In order to get those scam artists, educational institutions create new let them know that they expect the they have got to eliminate or dramati- things all the time. They have patents Senate patent bill to be postponed— cally reduce the ability of small inven- that they apply for and get all the time

VerDate Mar 15 2010 04:03 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.069 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE April 29, 2014 CONGRESSIONAL RECORD — HOUSE H3287 because they are involved almost on a is that because they couldn’t get the lawsuit in the technology. If they want full-time basis of pushing back the triple damages taken out—that is to do it just for technology people, boundaries and the understanding of something that MARCY KAPTUR and I fine. It hurts everybody, but we should knowledge that would help us create defeated—they have found a way do it for everybody. But fine, if they new technologies. around it. have got the ear of the Congress now, They deserve to reap the rewards Before, when a company was devel- let’s work and change that law, the from these discoveries. They deserve to oping a new type of video screen or laws that will then make it easier to have the benefit of patents. Our Found- electronic device, if there were a new counteract the frivolous lawsuits by ing Fathers knew this would be a great chip or something that needed to be in- these sinister people, the trolls that source of wealth for institutions that cluded, there would be a patent search are aimed at putting pressure on when invested in creating new ideas. to go and see if they were stepping on it really isn’t legitimate. We can do Yes, they have many patents that are somebody’s toes. That was part of what that. not practiced, which means the univer- they did. That was part of the process. The legislation that has passed here sities just develop the new technology, It was a costly part, but it made sure last year and the legislation in the but they don’t practice it. They don’t that everybody’s rights were protected. Senate does just the opposite. It only try to commercialize it. Guess what? They didn’t go forward in building focuses on all inventors, on regular That makes them patent trolls, by the something without notifying the pat- people who are doing things and cre- definition of the legislation. According ent owner and working out a deal with ating things themselves, not trolls. to the patent legislation, they are pat- him or her. What it is is the old theory of how we ent trolls. Our universities become pat- That is not the way it is anymore. are going to make America under dif- ent trolls. These big corporations that we are ferent countries better. This is way In fact, if this legislation passes in talking about instruct their engineers back when our country was being the Senate and if it is enacted into law, and their scientists: don’t do a patent founded we had to decide: Are we going much of the value of the patents held search because, if you don’t do a patent have a system in which the govern- by America’s universities will evapo- search, they can’t prove that we knew ment can control everybody in order to rate. It will be the most damaging hit that this was invented by somebody prevent the bad people from doing ever taken by university-based science else; thus, we don’t have triple dam- things or are we going to give every- in the history of our country. ages. body freedom and then really punish Google, however, will be doing just This is as cynical as it gets, but yet the bad people? fine. Our universities may take a big we have Members of the House who This legislation that we have now be- hit, but Google will be doing fine, along come to the floor and defend these cor- fore us and what has just passed the with these other multinational cor- porate scavengers, who defend these House and is now lingering in the Sen- porations. big guys who are trying to step on lit- ate is an attempt to supposedly control If this becomes law, small businesses tle Americans. They defend them be- the bad people in our country by con- will be forced to sue in order to defend cause—guess what—these are powerful trolling all of us, by making rules that their patents, and they will find that players; and, yes, Google has given will take away the rights of every in- the process is more costly, more risky, enormous amounts of money politi- ventor. No. No, that is not what you less certain. cally over the years in order to make do. That is inconsistent with American Investors will stop investing in small sure people listen to them. tradition, inconsistent with our Con- companies, by the way. They will stop I am not saying people are bought by stitution, inconsistent with what our investing and trying if someone comes them, but they have laid the founda- Founding Fathers had in mind. to them with a good idea, and they will tion, and now, Congress is listening to Let’s go down and say: What specifi- require a greater return for their in- them. That is why that bill passed. cally, if you have frivolous lawsuits vestments if someone is trying to help coming at large electronic corpora- 1800 an innovator or a technologist develop b tions, how can we handle that without his or her idea. The American people have to counter undermining the rights of those inven- Their risks will be increased, so that that. We counter that by making sure tors who are coming up with the apps any investor will demand more of a re- our voice is heard, by making sure that and the new creations, the three-di- turn. This will destroy the small and the voice of the little guy is heard, by mensional printers and the wonderful independent inventors, but these big making sure that the people who be- things that we are on the verge of companies don’t care. What they care lieve in the Constitution of the United today? about is taking anything they can get States, that their voices are heard over That is not going to happen unless their hands on and using it without some mega-multinational corporation the American people rise up. That is paying the inventor. board members who are out wining and not going to happen unless the voice of In the past, we have had an effort by dining people. these giants, these Goliaths of the in- the corporations to eliminate what you We can turn this around. America dustrial world, Google and the rest of call triple damages. Triple damages are has proven that freedom works if the them who are now rampaging and step- if someone comes to them and says—or American people are willing to work at ping on the rights of individual Amer- if one is informed or if it can be proven it. But we have had the fundamentals ican inventors, unless we speak up, un- that one is aware that they are using working for us. We have had a patent less our voice is heard at least as loud patented technology and not paying a system and a Constitution working for as theirs, we are going lose our free- royalty to the inventor of that tech- us. dom. We are going to lose our edge. nology, they can be sued for triple So what we need to do, and if indeed It has been the American technology damages. there is a problem with trolls, let’s and our inventiveness over the years They tried to take this away. The admit to these corporations, yes, there that has made us a secure country. It is reason the corporations wanted to take are some frivolous lawsuits in your the technology that we have developed it away was that you could never get a area of the economy. Just like in all for our Nation’s defense. You take lawyer to work for you on contingency the other areas of the economy, there away the patent rights of our Amer- if you were only going to get your are frivolous lawsuits by people who ican people, we will neuter that and we equal damages paid for, but if you have shouldn’t be filing them, who are try- will be vulnerable, you take away the got triple damages, a lawyer could be ing just to get paid off because the cost patent protections that we have had called in to help defend the little guy of the litigation will be so high. for our inventors that have come up against the big guy. They tried their Okay. We admit that to them. Let’s with newer ways to compete. best to get this taken out. say, Let’s fix that problem. Let’s go How can American workers compete Now, why are they doing that? Why and just fix the problem of frivolous with a world filled with cheap labor? I is a big corporation doing that? They lawsuits, and let’s make sure that if will tell you how we can do it. We can are doing it because they don’t want to there is a frivolous lawsuit, it is easier make sure they have the best tech- pay that little guy. What has happened for people to counteract a frivolous nology and the newest ideas and are

VerDate Mar 15 2010 04:03 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.070 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE H3288 CONGRESSIONAL RECORD — HOUSE April 29, 2014 the greatest innovators, because they the small inventor and investors. This just PUBLICATION OF BUDGETARY can outcompete people who are work- because they reported an infringement of MATERIAL their intellectual property rights. ing just with their muscles and their HOUSE OF REPRESENTATIVES, In addition, the patent holder gains a new sweat. We can do that, but that is not COMMITTEE ON THE BUDGET, bureaucratic fee by being forced to pay rec- the direction our government is going Washington, DC, April 29, 2014. in. That is not the direction our multi- ordkeeping fees to maintain their current record at the patent office. AGGREGATES, ALLOCATIONS, AND OTHER BUDG- national corporations want us to go in. ETARY LEVELS OF THE FISCAL YEAR 2015 These are minor inconveniences to multi- Let me alert you, we have a bill in BUDGET RESOLUTION the Senate. If it passes the Senate, it national corporations, but will be of killer significant burden on the little guy. Mr. RYAN OF WISCONSIN. Mr. Speaker, sec- will totally undermine the little guys, tion 115 of the Bipartisan Budget Act of 2013, the independent inventors. It will un- CUSTOMER STAY PROVISIONS Public Law 113–67, requires the chairs of the dermine the universities. It will under- The Patent Transparency Act also enables House and Senate Budget Committees to mine everybody but the big multi- large multi-national corporations to create submit for printing in the Congressional national electronics corporations. That nested ‘‘shell companies’’ which have few as- Record committee allocations, aggregates, sets, but can infringe on patents while the and other budgetary levels for fiscal year needs to be thwarted. 2015. Something else is happening. Some- inventor is unable to sue their ‘‘customers’’ who are free to continue infringing the pat- Pursuant to section 115 of the Bipartisan thing again is being snuck through, Budget Act of 2013, I hereby submit for print- just like they tried to sneak through 25 ent while the first court case moves through the system. This process could keep an in- ing in the Congressional Record: (1) an allo- years ago in the gap implementation fringing process in place for a decade or cation for fiscal year 2015 for the House Com- legislation. The gap is, again, a trade more while an inventor, if he has the re- mittee on Appropriations, (2) allocations for treaty we are getting into to try to do sources, tries to stop it. fiscal years 2015 and 2015 through 2024 for this where we would publish all of committees other than the Committee on America’s patent applications even be- SMALL BUSINESS EDUCATION, OUTREACH, AND Appropriations, (3) aggregate spending levels INFORMATION ACCESS PROVISIONS for fiscal year 2015, and (4) aggregate revenue fore they were issued to our inventors. levels for fiscal years 2015 and 2015 through The Patent Transparency Act authorizes They tried that. 2024. the patent office Director to create a ‘‘pat- The other thing they tried to do was In the case of allocations for committees ent troll’’ database, and to create a strategy what? Was if someone applies for a pat- other than the Committee on Appropriations program to teach small businesses how to de- and for the revenue aggregates, the Bipar- ent, that at that moment the clock fend themselves from ‘‘patent trolls.’’ starts ticking and 20 years later they tisan Budget Act of 2013 provides that the have no more patent protection. Of So we will be encouraging the Director of levels shall be consistent with the Congres- the patent office to create an ‘‘enemies list’’ course, until their patent is issued, sional Budget Office’s most recent baseline, and a strategy guide for infringers to under- adjusted to account for any legislation en- they have no patent protection any- mine patent rights. acted since the date the most recent baseline way. Quite often patents take 5 to 10 The ultimate results of this legislation will was issued. In other words, in these in- years. Plus, they are cutting in half be: increased patent infringement, reduced stances, the new allocations and levels are the time the inventor has for patent legal remedies for those being infringed, re- set equal to the most recent baseline. protection. They are trying to push duced investments in small business, and ir- The committee allocations, aggregates, that through. We stopped that. reparable damage to our research univer- and other budgetary levels included in this Well, guess what? We now have sev- sities, our inventors, our entrepreneurs, our submission are set pursuant to the Bipar- eral trade treaties that people are ne- economy, and our nation. tisan Budget Act of 2013. The provisions of H. gotiating for this Congress. Look real Con. Res. 25 (113th Congress), as deemed in Mr. ROHRABACHER. Mr. Speaker, so force by section 113 of the Bipartisan Budget close at what is happening. These big I would suggest that the American peo- Act of 2013, Public Law 113–67, remain in multinational corporations, from what ple read this and take a look at what force to the extent its budgetary levels are I understand, are trying to put provi- the impact of these changes that they not superseded by the Bipartisan Budget Act sions into those trade treaties that will are proposing will be. They are going of 2013 or subsequent action of the House of change the fundamental law of intel- to claim it is a patent troll and there Representatives. lectual property rights here in this is a monitor behind the curtain, but Associated tables are attached. These com- country. mittee allocations, aggregates, and other who that person is behind the curtain budgetary levels are made for the purposes of Beware. Be aware and beware of what is the inventor, the person who is com- will happen if that comes about. You enforcing titles III and IV of the Congres- ing up with the invention, the Edisons, sional Budget Act of 1974, and other budg- put this into a treaty. It snuck the Teslas, and the other people who etary enforcement provisions. through. They tried to do that in gap, have improved our standard of living. If there are any questions on these com- and it took a Herculean effort on the The people who have come up—even mittee allocations, aggregates, and other part of a few of us to try to stop that this bill would have a serious impact budgetary levels please contact Paul 20 years ago. on the development of new medicines Restuccia, Chief Counsel of the Budget Com- With that said, I would like to put mittee, at 202–226–7270. and new health care technologies. Sincerely, into the RECORD, Mr. Speaker, at this These people need to be protected in point a list of those things that would PAUL D. RYAN OF WISCONSIN, their creation and encouraged, not con- Chairman, House Budget Committee. be very detrimental to the small inven- trolled and not have their rights for tor that are provisions of the bill that ownership of what they created be FISCAL YEAR 2015 BUDGET TOTALS is now in the Senate. trimmed. [On-budget amounts, in millions of dollars] PATENT TRANSPARENCY PROVISIONS Mr. Speaker, I yield back the balance It would create a new requirement that a Fiscal year Fiscal years 2015 2015–2024 patent holder must, once filing a claim for of my time. infringement, provide information about all Appropriate Level: parties with an interest in the patent to the f Budget Authority ...... 3,025,306 n.a. Outlays ...... 3,025,032 n.a. patent office, the court, and the accused in- Revenues ...... 2,533,388 31,202,135 fringer. LEAVE OF ABSENCE This means the elimination of privacy in n.a. = Not applicable because annual appropriations acts for fiscal years 2016 through 2024 will not be considered until future sessions of Congress. business dealings. The little guy is totally By unanimous consent, leave of ab- exposed as his friends and suppliers will be as sence was granted to: ALLOCATION OF SPENDING AUTHORITY TO THE HOUSE well. The patent holder will be forced to pro- vide a list of potential ‘‘bank accounts to Mr. GRIFFIN of Arkansas (at the re- COMMITTEE ON APPROPRIATIONS raid’’ to the accused infringers. quest of Mr. CANTOR) for today on ac- [in millions of dollars] In addition, once this requirement has count of him assisting with the emer- Fiscal year been invoked, the patent holder must main- gency response to the tornadoes in Ar- 2015 tain a current record of the information on kansas. file at the patent office or forfeit their Base Discretionary Action: rights. That means a patent holder gains a Mr. RICHMOND (at the request of Ms. BA ...... 1,013,628 OT ...... 1,141,432 new bureaucratic reporting requirement, PELOSI) for April 28 and today on ac- Global War on Terrorism: dramatically increasing the vulnerability of count of attending to family matters. BA ...... 85,357

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Fiscal year Fiscal year Fiscal year 2015 2015 2015

OT ...... 39,981 OT ...... 1,181,413 OT ...... 861,637 Total Discretionary: Current Law Mandatory: BA ...... 1,098,985 BA ...... 868,410 SPENDING AUTHORITY FOR HOUSE AUTHORIZING COMMITTEES [On-budget amounts in millions of dollars]

2015 2015–2024

Agriculture: May 2013 Baseline: BA ...... 8,077 541,347 OT ...... 8,223 536,794 Adjustment for Enacted Legislation: BA ...... 0 0 OT ...... 0 0 Total: BA ...... 8,077 541,347 OT ...... 8,223 536,794 Armed Services: May 2013 Baseline: BA ...... 150,603 1,756,626 OT ...... 150,416 1,754,958 Adjustment for Enacted Legislation: BA ...... 0 0 OT ...... 0 0 Total: BA ...... 150,603 1,756,626 OT ...... 150,416 1,754,958 Financial Services: May 2013 Baseline: BA ...... 14,978 111,205 OT ...... 5,407 ¥52,927 Adjustment for Enacted Legislation: BA ...... 0 0 OT ...... 0 0 Total: BA ...... 14,978 111,205 OT ...... 5,407 ¥52,927 Education & Workforce: May 2013 Baseline: BA ...... ¥6,792 ¥148 OT ...... ¥7,187 4,922 Adjustment for Enacted Legislation: BA ...... 0 0 OT ...... 0 0 Total: BA ...... ¥6,792 ¥148 OT ...... ¥7,187 4,922 Energy & Commerce: May 2013 Baseline: BA ...... 408,088 5,163,671 OT ...... 401,580 5,162,032 Adjustment for Enacted Legislation: BA ...... 0 0 OT ...... 0 0 Total: BA ...... 408,088 5,163,671 OT ...... 401,580 5,162,032 Foreign Affairs: May 2013 Baseline: BA ...... 27,208 235,490 OT ...... 26,621 231,546 Adjustment for Enacted Legislation: BA ...... 0 0 OT ...... 0 0 Total: BA ...... 27,208 235,490 OT ...... 26,621 231,546 Oversight & Government Reform: May 2013 Baseline: BA ...... 109,275 1,286,261 OT ...... 106,571 1,256,418 Adjustment for Enacted Legislation: BA ...... 0 0 OT ...... 0 0 Total: BA ...... 109,275 1,286,261 OT ...... 106,571 1,256,418 Homeland Security: May 2013 Baseline: BA ...... 1,913 23,584 OT ...... 1,887 23,767 Adjustment for Enacted Legislation: BA ...... 0 0 OT ...... 0 0 Total: BA ...... 1,913 23,584 OT ...... 1,887 23,767 House Administration: May 2013 Baseline: BA ...... 40 361 OT ...... 8 104 Adjustment for Enacted Legislation: BA ...... 0 0 OT ...... 0 0 Total: BA ...... 40 361 OT ...... 8 104 Natural Resources: May 2013 Baseline: BA ...... 5,755 61,218 OT ...... 6,829 66,125 Adjustment for Enacted Legislation: BA ...... 0 0 OT ...... 0 0

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2015 2015–2024

Total: BA ...... 5,755 61,218 OT ...... 6,829 66,125 Judiciary: May 2013 Baseline: BA ...... 19,237 104,848 OT ...... 10,931 109,421 Adjustment for Enacted Legislation: BA ...... 0 0 OT ...... 0 0 Total: BA ...... 19,237 104,848 OT ...... 10,931 109,421 Transportation & Infrastructure: May 2013 Baseline: BA ...... 71,391 722,343 OT ...... 17,102 187,125 Adjustment for Enacted Legislation: BA ...... 0 0 OT ...... 0 0 Total: BA ...... 71,391 722,343 OT ...... 17,102 187,125 Science, Space & Technology: May 2013 Baseline: BA ...... 100 1,016 OT ...... 100 1,016 Adjustment for Enacted Legislation: BA ...... 0 0 OT ...... 0 0 Total: BA ...... 100 1,016 OT ...... 100 1,016 Small Business: May 2013 Baseline: BA ...... 0 0 OT ...... 0 0 Adjustment for Enacted Legislation: BA ...... 0 0 OT ...... 0 0 Total: BA ...... 0 0 OT ...... 0 0 Veterans Affairs: May 2013 Baseline: BA ...... 2,304 89,850 OT ...... 2,491 91,043 Adjustment for Enacted Legislation: BA ...... 0 0 OT ...... 0 0 Total: BA ...... 2,304 89,850 OT ...... 2,491 91,043 Ways & Means: May 2013 Baseline: BA ...... 987,320 15,009,326 OT ...... 985,919 15,007,958 Adjustment for Enacted Legislation: BA ...... 0 0 OT ...... 0 0 Total: BA ...... 987,320 15,009,326 OT ...... 985,919 15,007,958

ACCOUNTS IDENTIFIED FOR ADVANCE EXECUTIVE COMMUNICATIONS, 8] received April 23, 2014, pursuant to 5 U.S.C. APPROPRIATIONS FOR FISCAL YEAR 2016 ETC. 801(a)(1)(A); to the Committee on Energy and [BUDGET AUTHORITY] Commerce. Under clause 2 of rule XIV, executive 5462. A letter from the Director, Regu- ACCOUNTS IDENTIFIED FOR ADVANCE communications were taken from the latory Management Division, Environmental APPROPRIATIONS FOR FISCAL YEAR 2016 Speaker’s table and referred as follows: Protection Agency, transmitting the Agen- (SUBJECT TO A GENERAL LIMIT OF $28,781,000,000) 5459. A letter from the FSA Regulatory Re- cy’s final rule — Approval and Promulgation Employment and Training Administration view Group Director, Department of Agri- of Air Quality Implementation Plans; Idaho Education for the Disadvantaged culture, transmitting the Department’s Amalgamated Sugar Company Nampa BART School Improvement Programs ‘‘Major’’ final rule — Supplemental Agricul- Alternative [EPA-R10-OAR-2012-0581; A-1- Special Education tural Disaster Assistance Programs, Pay- FRL-9909-37-Region 10] received April 23, Career, Technical and Adult Education ment Limitations, and Payment Eligibility 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to the Tenant-based Rental Assistance (RIN: 0560-AI21) received April 21, 2014, pursu- Committee on Energy and Commerce. Project-based Rental Assistance ant to 5 U.S.C. 801(a)(1)(A); to the Committee 5463. A letter from the Director, Regu- on Agriculture. latory Management Division, Environmental VETERANS ACCOUNTS IDENTIFIED FOR ADVANCE 5460. A letter from the Deputy Director, Protection Agency, transmitting the Agen- APPROPRIATIONS FOR FISCAL YEAR 2016 Department of Health and Human Services, cy’s final rule — Approval and Promulgation (SUBJECT TO A SEPARATE LIMIT OF $58,662,202,000) transmitting the Department’s final rule — of State Implementation Plan Revisions; Re- VA Medical Services Medicaid Program; Preliminary Dispropor- visions to the Air Pollution Control Rules; VA Medical Support and Compliance tionate Share Hospital Allotments (DSH) for North Dakota [EPA-R08-OAR-2012-0761; FRL- VA Medical Facilities Fiscal Year (FY) 2014 and the Preliminary 9909-86-Region 8] received April 23, 2014, pur- Institutions for Mental Diseases Dispropor- suant to 5 U.S.C. 801(a)(1)(A); to the Com- f tionate Share Hospital Limits for FY 2014 mittee on Energy and Commerce. ADJOURNMENT [CMS-2389-N] received April 22, 2014, pursu- 5464. A letter from the Director, Regu- ant to 5 U.S.C. 801(a)(1)(A); to the Committee latory Management Division, Environmental Mr. ROHRABACHER. Mr. Speaker, I on Energy and Commerce. Protection Agency, transmitting the Agen- move that the House do now adjourn. 5461. A letter from the Environmental Pro- cy’s final rule — Technical Amendments to The motion was agreed to; accord- tection Agency, Director, Regulatory Man- Inadvertent Errors in Air Quality Designa- ingly (at 6 o’clock and 8 minutes p.m.), agement Division, transmitting the Agency’s tions for Fine Particles, Ozone, Lead, Nitro- final rule — Approval and Promulgation of gen Dioxide and Sulfur Dioxide [EPA-HQ- under its previous order, the House ad- Air Quality Implementation Plans; Colorado; OAR-2013-0802; FRL-9909-24-OAR] (RIN: 2060- journed until tomorrow, Wednesday, Prevention of Significant Deterioration; AS15) received April 23, 2014, pursuant to 5 April 30, 2014, at 10 a.m. for morning- Greenhouse Gas Tailoring Rule Revisions U.S.C. 801(a)(1)(A); to the Committee on En- hour debate. [EPA-R08-OAR-2013-0801; FRL-9907-58-Region ergy and Commerce.

VerDate Mar 15 2010 04:03 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A29AP7.040 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE April 29, 2014 CONGRESSIONAL RECORD — HOUSE H3291 5465. A letter from the Director, Regu- 5479. A letter from the Assistant Secretary, PUBLIC BILLS AND RESOLUTIONS latory Management Division, Environmental Legislative Affairs, Department of State, Protection Agency, transmitting the Agen- transmitting a report pursuant to Section Under clause 2 of rule XII, public cy’s ‘‘Major’’ final rule — Control of Air Pol- 2225(c) of the Foreign Affairs and Restruc- bills and resolutions of the following lution From Motor Vehicles; Tier 3 Motor turing Act of 1998; to the Committee on For- titles were introduced and severally re- Vehicle Emission and Fuel Standards [EPA- eign Affairs. ferred, as follows: HQ-OAR-2011-0135; FRL 9906-86-OAR] (RIN: 5480. A letter from the Chief Administra- By Mr. CROWLEY (for himself and Mr. 2060-AQ86) received April 23, 2013, pursuant to tive Officer, transmitting the quarterly re- LOBIONDO): 5 U.S.C. 801(a)(1)(A); to the Committee on port of receipts and expenditures of appro- H.R. 4507. A bill to amend title 23, United Energy and Commerce. priations and other funds for the period Jan- States Code, to require a State with an in- 5466. A letter from the Assistant Secretary, uary 1, 2014 through March 31, 2014 as com- crease in the number of fatalities or serious Legislative Affairs, Department of State, piled by the Chief Administrative Officer, injuries of pedestrians or users of non- transmitting Transmittal No. DDTC 14-006, pursuant to 2 U.S.C. 104a Public Law 88-454; motorized forms of transportation to include pursuant to the reporting requirements of (H. Doc. No. 113–104); to the Committee on strategies to address the increase in the Section 36(c) of the Arms Export Control House Administration and ordered to be State’s subsequent State strategic highway Act; to the Committee on Foreign Affairs. printed. safety plan, and for other purposes; to the 5481. A letter from the Chief, Publications 5467. A letter from the Assistant Secretary, Committee on Transportation and Infra- and Regulations Branch, Internal Revenue Legislative Affairs, Department of State, structure. Service, transmitting the Service’s final rule transmitting Transmittal No. DDTC 14-022, By Mr. DAINES: — Update for Weighted Average Interest pursuant to the reporting requirements of H.R. 4508. A bill to amend the East Bench Rates, Yield Curves, and Segment Rates [No- Section 36(c) of the Arms Export Control Irrigation District Water Contract Extension tice 2014-27] received April 11, 2014, pursuant Act; to the Committee on Foreign Affairs. Act to permit the Secretary of the Interior to 5 U.S.C. 801(a)(1)(A); to the Committee on 5468. A letter from the Assistant Secretary, to extend the contract for certain water Ways and Means. Legislative Affairs, Department of State, services; to the Committee on Natural Re- 5482. A letter from the Chief, Publications transmitting Transmittal No. DDTC 13-180, sources. and Regulations Branch, Internal Revenue pursuant to the reporting requirements of By Mrs. DAVIS of California (for her- Section 36(c) of the Arms Export Control Service, transmitting the Service’s final rule self and Mr. RYAN of Ohio): — Application of the Windsor Decision and Act; to the Committee on Foreign Affairs. H.R. 4509. A bill to require training for 5469. A letter from the Assistant Secretary, Rev. Rul. 2013-07 to Qualified Retirement teachers in social and emotional learning Legislative Affairs, Department of State, Plans [Notice 2014-19] received April 11, 2014, programming, and for other purposes; to the transmitting Transmittal No. DDTC 14-029, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Committee on Education and the Workforce. pursuant to the reporting requirements of mittee on Ways and Means. By Mr. GARY G. MILLER of California Section 36(c) of the Arms Export Control 5483. A letter from the Deputy Director, (for himself and Mrs. MCCARTHY of Act; to the Committee on Foreign Affairs. Department of Health and Human Services, New York): 5470. A letter from the Assistant Secretary, transmitting the Department’s ‘‘Major’’ H.R. 4510. A bill to clarify the application Legislative Affairs, Department of State, final rule — Medicare Program; Extension of of certain leverage and risk-based require- transmitting Transmittal No. DDTC 14-036, the Payment Adjustment for Low-Volume ments under the Dodd-Frank Wall Street Re- pursuant to the reporting requirements of Hospitals and the Medicare-Dependent Hos- form and Consumer Protection Act; to the Section 36(c) of the Arms Export Control pital (MDH) Program Under the Hospital In- Committee on Financial Services. Act; to the Committee on Foreign Affairs. patient Prospective Payment Systems 5471. A letter from the Assistant Secretary, (IPPS) for Acute Care Hospitals for Fiscal By Mr. BISHOP of New York (for him- Legislative Affairs, Department of State, Year 2014 [CMS-1599-IFC2] (RIN: 0938-AR12) self, Mrs. MCCARTHY of New York, transmitting Transmittal No. DDTC 13-193, received April 22, 2014, pursuant to 5 U.S.C. Mr. HINOJOSA, Mr. TAKANO, Ms. pursuant to the reporting requirements of 801(a)(1)(A); jointly to the Committees on BONAMICI, Mr. CONYERS, Mr. FATTAH, Section 36(c) of the Arms Export Control Energy and Commerce and Ways and Means. Mr. CUMMINGS, Ms. BASS, Mr. MORAN, Mr. WELCH, and Mr. LOEBSACK): Act; to the Committee on Foreign Affairs. f 5472. A letter from the Assistant Secretary, H.R. 4511. A bill to amend the Truth in Legislative Affairs, Department of State, REPORTS OF COMMITTEES ON Lending Act to establish requirements for transmitting Transmittal No. DDTC 13-190, PUBLIC BILLS AND RESOLUTIONS the treatment of a private education loan pursuant to the reporting requirements of upon the death or bankruptcy of a cosigner Under clause 2 of rule XIII, reports of of the loan; to the Committee on Financial Section 36(c) of the Arms Export Control committees were delivered to the Clerk Act; to the Committee on Foreign Affairs. Services. 5473. A letter from the Assistant Secretary, for printing and reference to the proper By Mr. JOLLY: Legislative Affairs, Department of State, calendar, as follows: H.R. 4512. A bill to amend the Internal Rev- transmitting Transmittal No. DDTC 14-035, Mr. KLINE: Committee on Education and enue Code of 1986 to establish a maximum pursuant to the reporting requirements of the Workforce. H.R. 10. A bill to amend the rate of Federal, State, and local tax imposed Section 36(c) of the Arms Export Control charter school program under the Elemen- on taxpayers; to the Committee on Ways and Act; to the Committee on Foreign Affairs. tary and Secondary Education Act of 1965; Means. 5474. A letter from the Assistant Secretary, with an amendment (Rept. 113–423). Referred By Mr. KILDEE: Legislative Affairs, Department of State, to the Committee of the Whole House on the H.R. 4513. A bill to amend the Truth in transmitting Transmittal No. DDTC 14-009, state of the Union. Lending Act to prohibit private educational pursuant to the reporting requirements of Mr. KLINE: Committee on Education and lenders from requiring accelerated repay- Section 36(c) of the Arms Export Control the Workforce. H.R. 4366. A bill to strengthen ment of private education loans upon the Act; to the Committee on Foreign Affairs. the Federal education research system to death or disability of a cosigner of the loan; 5475. A letter from the Assistant Secretary, make research and evaluations more timely to the Committee on Financial Services. Legislative Affairs, Department of State, and relevant to State and local needs in By Mr. MARINO: transmitting Transmittal No. DDTC 14-008, order to increase student achievement; with H.R. 4514. A bill to amend the Dale Long pursuant to the reporting requirements of an amendment (Rept. 113–424). Referred to Public Safety Officers’ Benefits Improve- Section 36(c) of the Arms Export Control the Committee of the Whole House on the ments Act of 2012 to change the retroactive Act; to the Committee on Foreign Affairs. state of the Union. application of the Act to cover injuries sus- 5476. A letter from the Assistant Secretary, Mr. ROGERS of Kentucky: Committee on tained by rescue squad or ambulance crew Legislative Affairs, Department of State, Appropriations. Report on the Interim Sub- members on or after December 1, 2007, rather transmitting Transmittal No. DDTC 14-002, allocation of Budget Allocations for Fiscal than June 1, 2009; to the Committee on the pursuant to the reporting requirements of Year 2015 (Rept. 113–425). Referred to the Judiciary. Section 36(c) of the Arms Export Control Committee of the Whole House on the state By Mr. MCNERNEY: Act; to the Committee on Foreign Affairs. of the Union. H.R. 4515. A bill to amend the Elementary 5477. A letter from the Assistant Secretary, Mr. COLE: Committee on Rules. House and Secondary Education Act of 1965 to pro- Legislative Affairs, Department of State, Resolution 557. Resolution providing for con- vide grants to eligible local educational transmitting Transmittal No. DDTC 13-173, sideration of the bill (H.R. 4486) making ap- agencies to encourage female students to pursuant to the reporting requirements of propriations for military construction, the pursue studies and careers in science, mathe- Section 36(d) of the Arms Export Control Department of Veterans Affairs, and related matics, engineering, and technology; to the Act; to the Committee on Foreign Affairs. agencies for the fiscal year ending in Sep- Committee on Education and the Workforce. 5478. A letter from the Assistant Secretary, tember 30, 2015, and for other purposes; and By Ms. LORETTA SANCHEZ of Cali- Legislative Affairs, Department of State, providing for consideration of the bill (H.R. fornia: transmitting Transmittal No. DDTC 14-018, 4487) making appropriations for the Legisla- H.R. 4516. A bill to expedite and oversee pursuant to the reporting requirements of tive Branch for the fiscal year ending Sep- the implementation of the women in service Section 36(d) of the Arms Export Control tember 30, 2015, and for other purposes (Rept. implementation plan, and for other purposes; Act; to the Committee on Foreign Affairs. 113–426). Referred to the House Calendar. to the Committee on Armed Services.

VerDate Mar 15 2010 04:03 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\L29AP7.000 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE H3292 CONGRESSIONAL RECORD — HOUSE April 29, 2014 By Mr. SCHRADER: Article I, Section 8, Clause 3 (relating to Constitution in the Government of the H.R. 4517. A bill to authorize the provision the power to regulate interstate commerce). United States, or in any Department or Offi- of health care for certain individuals exposed By Mr. BISHOP of New York: cer thereof’’ to environmental hazards at Atsugi Naval H.R. 4511. By Mr. STOCKMAN: Air Facility, to establish an advisory board Congress has the power to enact this legis- H.R. 4519. to examine exposures to environmental haz- lation pursuant to the following: Congress has the power to enact this legis- ards at such Air Facility, and for other pur- Article I, Section 8 lation pursuant to the following: poses; to the Committee on Armed Services, By Mr. JOLLY: Article I, Section 8, Clause 3 and in addition to the Committee on Vet- H.R. 4512. ‘‘To regulate Commerce with foreign Na- erans’ Affairs, for a period to be subse- Congress has the power to enact this legis- tions, and among the several States, and quently determined by the Speaker, in each lation pursuant to the following: with the Indian Tribes.’’ case for consideration of such provisions as Clause 1, Section 8 of Article 1 of the By Mr. STOCKMAN: fall within the jurisdiction of the committee United States Constitution which reads: H.R. 4520. concerned. ‘‘The Congress shall have Power to lay and Congress has the power to enact this legis- By Mr. STOCKMAN: collect Taxes, Duties, Imposts, and Excises, lation pursuant to the following: H.R. 4518. A bill to protect the constitu- to pay the Debts, and provide for the com- Article I, Section 8 tional rights of parents and children; to the mon Defense and General Welfare of the ‘‘To make all Laws which shall be nec- Committee on Energy and Commerce. United States; but all Duties and Imposts essary and proper for carrying into Execu- By Mr. STOCKMAN: and Excises shall be uniform throughout the tion the foregoing Powers and all other Pow- H.R. 4519. A bill to prohibit the United United States.’’ ers vested by this Constitution in the Gov- States from funding projects that discrimi- By Mr. KILDEE: ernment of the United States, or in any De- nate against Israeli organizations that oper- H.R. 4513. partment or Officer thereof.’’ ate beyond the 1949 armistice lines; to the Congress has the power to enact this legis- Committee on Foreign Affairs. lation pursuant to the following: f By Mr. STOCKMAN: Article I, Section 8. ADDITIONAL SPONSORS H.R. 4520. A bill to require passenger air- By Mr. MARINO: craft to transmit GPS location data; to the H.R. 4514. Under clause 7 of rule XII, sponsors Committee on Transportation and Infra- Congress has the power to enact this legis- were added to public bills and resolu- structure. lation pursuant to the following: tions, as follows: By Mr. MURPHY of Pennsylvania (for 1) Article I, Section 8, Clause 1 (General H.R. 6: Mr. KELLY of Pennsylvania and Mr. himself, Mr. THOMPSON of Pennsyl- Welfare Clause)—The Congress shall have SCHWEIKERT. vania, Mrs. BLACKBURN, Ms. Power to lay and collect Taxes, Duties, Im- H.R. 10: Mrs. BROOKS of Indiana, Mr. BORDALLO, Mr. HONDA, Ms. SPEIER, posts and Excises, to pay the Debts and pro- BYRNE, Mr. FARENTHOLD, Mr. GUTHRIE, Mr. Ms. BROWN of Florida, Mr. LEVIN, Mr. vide for the common Defence and general HECK of Nevada, Mr. HUDSON, and Mr. WIL- BARBER, Ms. BROWNLEY of California, Welfare of the United States; but all Duties, SON of South Carolina. Mrs. MILLER of Michigan, Mr. TONKO, Imposts and Excises shall be uniform H.R. 164: Mr. VEASEY and Mr. FITZPATRICK. and Mr. PERLMUTTER): throughout the United States. H. Res. 556. A resolution expressing support 2) Article I, Section 8, Clause 18 (Necessary H.R. 198: Mr. GRAYSON. for the designation of May 2014 as Mental and Proper Clause)—The Congress shall have H.R. 279: Mr. SIMPSON, Ms. SEWELL of Ala- Health Month; to the Committee on Energy Power . . . To Make all Laws which shall be bama, and Mr. NUNNELEE. and Commerce. necessary and proper for carrying into Exe- H.R. 303: Ms. WILSON of Florida. By Ms. DUCKWORTH: cution the foregoing Powers, and all other H.R. 460: Ms. MATSUI, Ms. BASS, and Mr. H. Res. 558. A resolution prohibiting the Powers vested by the Constitution in the HONDA. use of the Members’ Representational Allow- Government of the United States, or in any H.R. 485: Mr. POCAN. ance for the payment of the costs of first- Department or Officer thereof. H.R. 543: Mr. AUSTIN SCOTT of Georgia and Mr. NEUGEBAUER. class airline accommodations; to the Com- By Mr. MCNERNEY: mittee on House Administration. H.R. 4515. H.R. 630: Mr. LEWIS. By Mr. HINOJOSA: Congress has the power to enact this legis- H.R. 640: Mr. NUGENT. H. Res. 559. A resolution expressing support lation pursuant to the following: H.R. 690: Mr. STOCKMAN and Mr. ROSS. for designation of April 30, 2014, as ‘‘Dı´a de Article I, section 8 of the United States H.R. 715: Mrs. BEATTY and Mr. PASCRELL. los Nin˜ os: Celebrating Young Americans’’; to Constitution. H.R. 792: Mr. HULTGREN and Mr. ROYCE. the Committee on Oversight and Govern- By Ms. LORETTA SANCHEZ of Cali- H.R. 809: Mr. RAHALL, Mr. FITZPATRICK, and ment Reform. fornia: Mr. MCGOVERN. H.R. 831: Ms. KUSTER. f H.R. 4516. Congress has the power to enact this legis- H.R. 855: Mr. CLAY, Mr. BISHOP of Georgia, CONSTITUTIONAL AUTHORITY lation pursuant to the following: and Ms. MOORE. STATEMENT ‘‘The constitutional authority of Congress H.R. 863: Ms. PINGREE of Maine and Ms. to enact this legislation is provided by Arti- ESTY. Pursuant to clause 7 of rule XII of H.R. 920: Ms. LOFGREN, Mr. SCHNEIDER, and the Rules of the House of Representa- cle I, section 8 of the United States Constitu- tion (clauses 12, 13, 14, 16, and 18), which Mr. CLAY. tives, the following statements are sub- grants Congress the power to raise and sup- H.R. 921: Mr. PETERSON. mitted regarding the specific powers port an Army; to provide and maintain a H.R. 958: Ms. DELAURO. granted to Congress in the Constitu- Navy; to make rules for the government and H.R. 962: Mr. YARMUTH, Mr. REED, Mr. tion to enact the accompanying bill or regulation of the land and naval forces; to SCHIFF, and Mr. LOWENTHAL. joint resolution. provide for organizing, arming, and dis- H.R. 1015: Mr. LARSON of Connecticut, Ms. ciplining the militia; and to make all laws MATSUI, and Ms. ROYBAL-ALLARD. By Mr. CROWLEY: H.R. 1020: Ms. KELLY of Illinois. H.R. 4507. necessary and proper for carrying out the H.R. 1098: Mr. JOYCE and Mr. MICHAUD. Congress has the power to enact this legis- foregoing powers.’’ H.R. 1125: Ms. DELAURO. lation pursuant to the following: By Mr. SCHRADER: H.R. 1127: Mr. LOEBSACK. Section 8, Clause 7: ‘‘The Congress shall H.R. 4517. H.R. 1130: Mr. NADLER. have Power [. . .] to establish Post Offices Congress has the power to enact this legis- H.R. 1136: Mr. MCDERMOTT. and post Roads.’’ lation pursuant to the following: H.R. 1139: Ms. KUSTER. By Mr. DAINES: This bill is enacted pursuant to the power H.R. 1141: Mr. KILMER. H.R. 4508. granted to Congress under: Congress has the power to enact this legis- U.S. Const. art. 1, § 1; H.R. 1148: Mr. MICHAUD. lation pursuant to the following: U.S. Const. art. 1, § 8, cl. 12; H.R. 1199: Mr. BECERRA and Mr. Article 4, Section 3, Clause 2 of the Con- U.S. Const. art. 1, § 8, cl. 13; FITZPATRICK. stitution of the United States U.S. Const. art. 1, § 8, cl. 14; and H.R. 1217: Mrs. ELLMERS and Mr. By Mrs. DAVIS of California: U.S. Const. art. 1, § 8, cl. 18. HORSFORD. H.R. 4509. By Mr. STOCKMAN: H.R. 1249: Mr. COTTON, Mr. LANCE, and Mr. Congress has the power to enact this legis- H.R. 4518. TIPTON. lation pursuant to the following: Congress has the power to enact this legis- H.R. 1286: Mrs. BUSTOS. Article I, Sec. 8 lation pursuant to the following: H.R. 1317: Mr. TAKANO and Ms. LEE of Cali- By Mr. GARY G. MILLER of Cali- Article I, Section 8 fornia. fornia: ‘‘The Congress shall have Power . . . To H.R. 1339: Ms. CLARKE of New York, Mr. H.R. 4510. make all Laws which shall be necessary and LANGEVIN, Ms. KAPTUR, Mr. QUIGLEY, and Mr. Congress has the power to enact this legis- proper for carrying into Execution the fore- VARGAS. lation pursuant to the following: going Powers, and all Powers vested by this H.R. 1466: Mr. WALZ.

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H.R. 1523: Mr. MASSIE. H.R. 3384: Ms. FRANKEL of Florida and Mr. COOK, Mr. MORAN, Mr. KIND, Mr. SHIMKUS, H.R. 1527: Mr. LOWENTHAL and Mr. MCGOV- GARAMENDI. Mr. BUCHANAN, Mr. BRADY of Texas, Mr. ERN. H.R. 3387: Ms. KUSTER. BENISHEK, Mr. GARY G. MILLER of California, H.R. 1528: Ms. DELAURO, Mr. DEUTCH, Mr. H.R. 3391: Mr. JONES. Mr. DENHAM, Mr. SCHIFF, Mrs. CAPPS, Mrs. JOLLY, and Mr. SMITH of Texas. H.R. 3395: Mr. CARSON of Indiana. DAVIS of California, Mr. HORSFORD, Ms. H.R. 1563: Mr. DEUTCH. H.R. 3423: Mr. MCDERMOTT. KELLY of Illinois, Ms. WATERS, Ms. CLARK of H.R. 1591: Mr. AUSTIN SCOTT of Georgia. H.R. 3449: Mr. HECK of Washington. Massachusetts, Mrs. BEATTY, Mr. LOBIONDO, H.R. 1652: Mr. HORSFORD. H.R. 3485: Mr. WILLIAMS. Mr. KING of New York, Mrs. BROOKS of Indi- H.R. 1699: Mr. TIERNEY, Mr. LEWIS, Mr. H.R. 3489: Mrs. NOEM. ana, Mr. HUNTER, Ms. HANABUSA, Mr. GUTIE´ RREZ, and Mr. DOGGETT. H.R. 3508: Mr. LATTA. VARGAS, Mr. KILDEE, Ms. VELA´ ZQUEZ, Mr. H.R. 1717: Mr. WALBERG. H.R. 3530: Mr. CULBERSON, Ms. JACKSON MILLER of Florida, Mr. WESTMORELAND, Mr. H.R. 1728: Mr. ELLISON. LEE, Ms. HERRERA BEUTLER, Mr. PALAZZO, TAKANO, Mr. ENGEL, Mr. HECK of Wash- H.R. 1732: Ms. KUSTER. Ms. KUSTER, Mr. MCINTYRE, and Mr. KLINE. ington, Ms. ROYBAL-ALLARD, Mr. BARLETTA, H.R. 1750: Mr. HOLDING, Mr. LATTA, Mr. H.R. 3543: Mr. HIGGINS. Ms. LINDA T. SA´ NCHEZ of California, Mr. HULTGREN, and Mr. LAMBORN. H.R. 3610: Ms. KUSTER and Mr. VARGAS. BUTTERFIELD, Mr. PAYNE, Mr. KILMER, Mr. H.R. 1761: Mr. BYRNE, Mr. YARMUTH, and H.R. 3635: Mr. JOHNSON of Ohio. DINGELL, Mr. TERRY, Ms. WASSERMAN Mr. MICHAUD. H.R. 3658: Mr. ROSS. SCHULTZ, Mr. SCHNEIDER, Mr. BECERRA, Mr. H.R. 1795: Ms. MATSUI. H.R. 3690: Mr. POCAN and Mr. BEN RAY RUIZ, Mr. HONDA, Mr. HOLT, Ms. BASS, Ms. ´ H.R. 1830: Mr. HONDA and Mr. SMITH of LUJAN of New Mexico. KAPTUR, Mr. RUSH, Mr. LARSON of Con- H.R. 3710: Mr. MCGOVERN. Washington. necticut, Mr. DAVID SCOTT of Georgia, Mr. H.R. 3712: Ms. LINDA T. SA´ NCHEZ of Cali- H.R. 1843: Ms. CLARKE of New York. WOLF, Ms. DELBENE, Ms. BROWNLEY of Cali- fornia. H.R. 1852: Mr. BOUSTANY and Mr. RUIZ. fornia, and Mrs. BUSTOS. H.R. 3717: Mr. MCDERMOTT and Mr. DOYLE. H.R. 1915: Mr. POCAN and Ms. EDDIE BER- H.R. 4169: Mr. MORAN, Ms. MOORE, Mr. CON- H.R. 3722: Mrs. BLACK. NICE JOHNSON of Texas. YERS, Mr. RUSH, Mr. LEWIS, Mr. MCGOVERN, H.R. 3726: Mr. CARSON of Indiana. H.R. 1918: Mrs. BEATTY, Ms. JACKSON LEE, and Ms. ROYBAL-ALLARD. H.R. 3728: Mr. NOLAN, Mr. THOMPSON of Mr. BARBER, Mr. MARCHANT, Mrs. BACHMANN, H.R. 4172: Mr. GENE GREEN of Texas and Pennsylvania, Mr. MARINO, Mr. FORTEN- Mr. COSTA, and Mr. CRAWFORD. Mr. REED. BERRY, Mr. THORNBERRY, Ms. GRANGER, Mr. H.R. 1921: Mr. SWALWELL of California and H.R. 4183: Ms. TSONGAS. SAM JOHNSON of Texas, Mr. CULBERSON, Mr. Mr. LOWENTHAL. H.R. 4217: Mr. CONNOLLY and Mr. SMITH of H.R. 1998: Mr. PALLONE. WEBER of Texas, Mr. FARENTHOLD, Mr. COOK, Texas. H.R. 2012: Ms. CLARK of Massachusetts. Mr. MCCLINTOCK, Mr. PEARCE, Ms. HERRERA H.R. 4225: Ms. KUSTER, Mr. PALAZZO, Ms. H.R. 2118: Ms. SHEA-PORTER. BEUTLER, Mr. LUCAS, Mr. MARCHANT, Mr. KELLY of Illinois, Mr. LATHAM, and Mr. H.R. 2146: Mr. PASCRELL, Mr. MCINTYRE, NEUGEBAUER, Mr. BURGESS, Mr. ROE of Ten- JOYCE. Ms. ESTY, Mr. CA´ RDENAS, Mr. WALZ, Mr. nessee, Mr. RICE of South Carolina, Mr. COL- H.R. 4227: Mr. PRICE of North Carolina. BISHOP of New York, Mr. MATHESON, and Mr. LINS of New York, and Mr. BENTIVOLIO. H.R. 4234: Mrs. BLACK. POCAN. H.R. 3740: Mr. HORSFORD, Mr. NOLAN, Mr. H.R. 4250: Mr. CRENSHAW, Mr. LANKFORD, H.R. 2156: Ms. DUCKWORTH. ELLISON, Mr. PERLMUTTER, and Mr. TIERNEY. Mr. DENT, Mr. ROONEY, Mr. BARROW of Geor- H.R. 2178: Ms. DELAURO, Mr. MORAN, Ms. H.R. 3747: Ms. DUCKWORTH and Mr. gia, Mr. KINGSTON, and Mrs. NOEM. SLAUGHTER, Mr. PASTOR of Arizona, Mr. FITZPATRICK. H.R. 4285: Mr. HONDA. WALZ, and Ms. FUDGE. H.R. 3774: Mr. HUFFMAN. H.R. 4299: Mr. LATTA. H.R. 2179: Mr. DEFAZIO, Mr. GERLACH, Ms. H.R. 3833: Mr. CAPUANO. H.R. 4307: Mr. BENTIVOLIO. LOFGREN, and Mr. SCHIFF. H.R. 3852: Mr. BLUMENAUER. H.R. 4308: Mr. BENTIVOLIO. H.R. 2183: Mr. MCGOVERN. H.R. 3877: Mr. DEUTCH and Ms. DUCKWORTH. H.R. 4315: Mr. GOSAR, Mr. CRAMER, Mr. H.R. 2203: Mrs. LUMMIS, Mr. OLSON, Mr. H.R. 3905: Ms. KUSTER. COTTON, and Mr. MCCLINTOCK. SMITH of New Jersey, Mr. ROGERS of Ken- H.R. 3929: Mr. FOSTER. H.R. 4317: Mr. MCCLINTOCK. tucky, Mr. MCALLISTER, and Mr. ROE of Ten- H.R. 3963: Mrs. LOWEY, Ms. DELBENE, and H.R. 4318: Mr. MCCLINTOCK. nessee. Mr. LEWIS. H.R. 4320: Mr. STIVERS. H.R. 2249: Mr. JOLLY. H.R. 3991: Mrs. WALORSKI and Mr. PETER- H.R. 4321: Mr. STIVERS. H.R. 2328: Mr. FRELINGHUYSEN and Mr. SAM SON. H.R. 4333: Ms. LINDA T. SA´ NCHEZ of Cali- JOHNSON of Texas. H.R. 4006: Mr. AUSTIN SCOTT of Georgia. fornia. H.R. 2333: Ms. SINEMA. H.R. 4028: Mr. COLLINS of Georgia. H.R. 4342: Mr. JOLLY and Mr. MEADOWS. H.R. 2338: Mr. GRIFFIN of Arkansas. H.R. 4031: Mr. LATTA, Mrs. CAPITO, Mr. H.R. 4351: Mr. RIBBLE and Mr. LOBIONDO. H.R. 2452: Mr. DEFAZIO, Ms. DELAURO, Mrs. ROGERS of Alabama, Mr. ROGERS of Michi- H.R. 4365: Mr. MICHAUD and Mr. BOUSTANY. CAPPS, and Mr. HONDA. gan, Mr. LANCE, Mr. FRANKS of Arizona, Mr. H.R. 4366: Mrs. BROOKS of Indiana, Mr. H.R. 2502: Mr. PASCRELL. RODNEY DAVIS of Illinois, Mr. SMITH of Ne- BYRNE, Mr. GUTHRIE, Mr. HECK of Nevada, H.R. 2536: Mr. CHABOT, Ms. KUSTER, and Mr. braska, Mr. CRAWFORD, and Mr. DAVID SCOTT Mr. MESSER, Mr. PETRI, Mr. THOMPSON of MILLER of Florida. of Georgia. Pennsylvania, Mr. WALBERG, and Mr. WILSON H.R. 2548: Ms. WASSERMAN SCHULTZ, Mr. H.R. 4058: Mr. LATTA, Ms. KUSTER, and Mr. of South Carolina. ROGERS of Michigan, Mr. MICHAUD, Mr. COOK, TIBERI. H.R. 4370: Mr. RUNYAN. Ms. LOFGREN, Mr. MURPHY of Florida, Ms. H.R. 4059: Ms. CHU. H.R. 4378: Mr. THOMPSON of Pennsylvania. TITUS, and Mr. BRALEY of Iowa. H.R. 4060: Mr. ADERHOLT. H.R. 4383: Mr. LUETKEMEYER. H.R. 2553: Mr. HUFFMAN. H.R. 4069: Mr. LATTA. H.R. 4385: Mr. ROE of Tennessee and Mr. H.R. 2676: Mr. OWENS. H.R. 4080: Mr. RANGEL, Mr. JOHNSON of DEFAZIO. H.R. 2697: Mr. TAKANO. Georgia, Mr. CONYERS, Ms. BROWN of Florida, H.R. 4386: Mr. MCHENRY. H.R. 2744: Ms. KUSTER. Mr. RUPPERSBERGER, Mr. STOCKMAN, and Mr. H.R. 4387: Mr. MULVANEY and Mr. BACHUS. H.R. 2847: Mr. WHITFIELD and Mr. ENGEL. BILIRAKIS. H.R. 4395: Mr. DAVID SCOTT of Georgia and H.R. 2852: Ms. SCHAKOWSKY. H.R. 4084: Ms. LOFGREN and Mr. ELLISON. Mr. RUSH. H.R. 2888: Mr. DENT. H.R. 4122: Mr. ELLISON. H.R. 4425: Mr. VEASEY and Mr. HULTGREN. H.R. 2932: Mr. VALADAO, Mrs. BEATTY, Mr. H.R. 4157: Mr. LATHAM. H.R. 4427: Mr. THOMPSON of Pennsylvania. ROSS, Mr. MEADOWS, Mr. GINGREY of Georgia, H.R. 4166: Mr. CUELLAR, Mr. COOPER, Mr. H.R. 4430: Mr. MASSIE, Mr. JONES, Mr. Mr. CHABOT, Mr. SAM JOHNSON of Texas, Mrs. BISHOP of Georgia, Ms. FRANKEL of Florida, MEADOWS, Mr. GRIFFIN of Arkansas, Mr. ELLMERS, Mr. SMITH of Washington, Ms. Ms. SLAUGHTER, Mr. LEVIN, Mr. DANNY K. HANNA, Mr. LAMBORN, Mr. WALDEN, Mr. YAR- BASS, Mr. BISHOP of Georgia, Ms. PELOSI, Mr. DAVIS of Illinois, Mr. RANGEL, Ms. HAHN, Mr. MUTH, Mr. COFFMAN, Mr. GIBBS, Mr. THOMPSON of Mississippi, and Mr. HOYER. PASCRELL, Mr. MCDERMOTT, Mr. LEWIS, Mr. CRAWFORD, Mr. TIPTON, and Mr. PETERSON. H.R. 2957: Mr. PETERSON, Mr. STIVERS, and GERLACH, Mr. BARBER, Ms. DEGETTE, Mr. H.R. 4438: Mr. HONDA, Mr. GRIFFIN of Ar- Mr. RAHALL. TONKO, Mr. VEASEY, Mr. GARCIA, Mr. HIG- kansas, and Mr. KIND. H.R. 2989: Mr. JOHNSON of Georgia. GINS, Mr. OWENS, Mr. VELA, Mr. MAFFEI, Mr. H.R. 4446: Mr. MARINO. H.R. 3086: Mr. WHITFIELD, Ms. FUDGE, Ms. WAXMAN, Mr. SCHRADER, Mr. BROUN of Geor- H.R. 4450: Mr. ROONEY, Mr. HUFFMAN, Mr. TSONGAS, Mr. TERRY, Ms. BROWN of Florida, gia, Mr. JONES, Mr. GUTIE´ RREZ, Mr. JOHNSON GENE GREEN of Texas, Mr. HORSFORD, Mr. Mrs. DAVIS of California, Mr. HORSFORD, and of Georgia, Ms. PINGREE of Maine, Mr. SES- YOUNG of Alaska, and Mr. LANGEVIN. Mr. SHIMKUS. SIONS, Mr. CALVERT, Mr. CUMMINGS, Mr. H.R. 4453: Mr. REED. H.R. 3113: Mr. TAKANO. NUNES, Mr. GOWDY, Mr. CONYERS, Mr. H.R. 4454: Mr. REED. H.R. 3116: Mr. RIBBLE. CA´ RDENAS, Mr. RAHALL, Ms. SCHAKOWSKY, H.R. 4457: Mr. CRAMER and Mr. SMITH of H.R. 3135: Mr. PETERS of California. Mr. O’ROURKE, Mr. COSTA, Ms. SPEIER, Mr. Missouri. H.R. 3306: Mrs. BLACKBURN, Mr. ROGERS of PETERS of Michigan, Mr. DEUTCH, Mr. MUR- H.R. 4462: Ms. KAPTUR and Ms. KELLY of Il- Michigan, and Mr. GUTHRIE. PHY of Florida, Ms. ESHOO, Ms. CHU, Mr. linois. H.R. 3322: Mr. HONDA. TIBERI, Mr. GRIFFIN of Arkansas, Mr. LATTA, H.R. 4465: Mr. ROGERS of Alabama and Mr. H.R. 3344: Ms. KUSTER and Mr. LATTA. Ms. FUDGE, Mrs. MCCARTHY of New York, Mr. PALAZZO.

VerDate Mar 15 2010 04:52 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\A29AP7.006 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE H3294 CONGRESSIONAL RECORD — HOUSE April 29, 2014 H.R. 4489: Mrs. HARTZLER. DELETIONS OF SPONSORS FROM the All-Volunteer Force Educational Assist- H.R. 4490: Mr. DEUTCH, Mr. SIRES, Mr. PUBLIC BILLS AND RESOLUTIONS ance Program under chapter 30 of title 38, MCCAUL, and Mr. POE of Texas. United States Code, or the Post 9/11 Edu- Under clause 7 of rule XII, sponsors cational Assistance Program under chapter H.J. Res. 20: Mr. POCAN. were deleted from public bills and reso- 33 of such title may be used for career edu- H.J. Res. 41: Mr. SANFORD. lutions, as follows: cation programs at proprietary institutions H.J. Res. 110: Mr. PITTENGER, Mr. MEAD- H.R. 2429: Mr. PRICE of North Carolina. unless the successful completion of the cur- OWS, and Mr. AUSTIN SCOTT of Georgia. f riculum fully qualifies a student— H. Con. Res. 95: Mr. RODNEY DAVIS of Illi- (1) to take an examination required for nois, and Mr. PRICE of North Carolina. AMENDMENTS entry into an occupation or profession, in- H. Res. 112: Mr. PETRI. Under clause 8 of rule XVIII, pro- cluding satisfying all State-mandated pro- grammatic and specialized accreditation re- H. Res. 147: Mr. NEAL. posed amendments were submitted as follows: quirements; and H. Res. 227: Mr. PERLMUTTER. (2) to be certified or licensed or to meet H.R. 4486 H. Res. 281: Mr. COOK. other academically-related pre-conditions of OFFERED BY: MR. TAKANO H. Res. 411: Mr. MILLER of Florida. employment in the State in which the insti- AMENDMENT NO. 2: At the end of the bill tution is located. H. Res. 418: Mr. CARSON of Indiana. (before the short title) insert the following: H.R. 4486 H. Res. 440: Mr. TIBERI, Mr. SCHNEIDER, Mr. SEC. ll. None of the funds appropriated GOODLATTE, Mr. ENGEL, Ms. NORTON, Mr. or otherwise made available in this Act for OFFERED BY: MR. TURNER PETERS of Michigan, Mr. RUPPERSBERGER, the All-Volunteer Force Educational Assist- AMENDMENT NO. 4: Page 4, line 19, insert Ms. TSONGAS, and Mr. WALZ. ance Program under chapter 30 of title 38, after the dollar amount the following: ‘‘(re- H. Res. 456: Mr. SCHNEIDER, Mr. DEFAZIO, United States Code, or the Post 9/11 Edu- duced by $20,000,000)(increased by Mr. AUSTIN SCOTT of Georgia, and Mr. cational Assistance Program under chapter $20,000,000)’’. MORAN. 33 of such title may be used for recruiting or Page 5, line 3, insert after the dollar marketing activities. H. Res. 480: Ms. CLARKE of New York. amount the following: ‘‘(increased by H.R. 4486 H. Res. 518: Mr. PETERSON. $20,000,000)’’. OFFERED BY: MR. TAKANO H. Res. 519: Mr. ENYART. H.R. 4486 AMENDMENT NO. 3: At the end of the bill H. Res. 520: Mr. CONNOLLY, Mr. DEUTCH, and (before the short title) insert the following: OFFERED BY: MR. MORAN Ms. ROS-LEHTINEN. SEC. ll. None of the funds appropriated AMENDMENT NO. 5: Page 60, beginning on H. Res. 540: Mr. TAKANO. or otherwise made available in this Act for line 10, strike section 411.

VerDate Mar 15 2010 04:03 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\A29AP7.010 H29APPT1 dlhill on DSK7TPTVN1PROD with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 113 CONGRESS, SECOND SESSION

Vol. 160 WASHINGTON, TUESDAY, APRIL 29, 2014 No. 62 Senate The Senate met at 10 a.m. and was lican leader, the Senate will be in a pe- the Federal minimum wage is good for called to order by the President pro riod of morning business until 11 America. A recent study from the Eco- tempore (Mr. LEAHY.) o’clock this morning, with the major- nomic Policy Institute indicates that ity controlling the first half and the increasing the minimum wage and PRAYER Republicans controlling the final half. tying it to inflation would raise wages The Chaplain, Dr. Barry C. Black, of- At 11 a.m. there will be six cloture for 28 million American workers. That fered the following prayer: votes on six U.S. district court nomina- is about 10 percent of the American Let us pray. tions. Following the votes, the Senate O God, in whose life we find life, open people. Contrary to what Republicans will recess until 2:15 to allow for our would have us believe, these 28 million the hearts of our lawmakers to the weekly caucus meetings. whispers of Your Spirit. Make them Americans aren’t just high school kids MEASURE PLACED ON THE CALENDAR—S. 2262 looking to make a few bucks after productive, accomplishing Your pur- I am told that S. 2262 is due for its poses on Earth, even as Your provi- school. That same analysis reported second reading. that the median age of minimum wage dence guides them. Lord, redeem their The PRESIDENT pro tempore. The workers is 35 years old, proving that failures, reward their diligence, and clerk will read the bill by title for the these employees are grown men and validate their faith. Crown their labors second time. today with Heaven’s approbation, The legislative clerk read as follows: women, most of them with families. If strengthening them to rise above all A bill (S. 2262) to promote energy savings we needed any more reason to pass this that is common to do the uncommon. in residential buildings and industry, and for important legislation, the most recent We pray in Your holy Name. Amen. other purposes. polling data reveals that about 75 per- f Mr. REID. I object to any further cent of Americans back an increase in PLEDGE OF ALLEGIANCE proceedings with respect to this bill. the minimum wage. The President pro tempore led the The PRESIDENT pro tempore. Objec- So the evidence supporting an in- Pledge of Allegiance as follows: tion is heard. The bill will be placed on crease in the minimum wage is ample, I pledge allegiance to the Flag of the the calendar. and it is there for all of us to see. How- United States of America and to the Repub- Mr. REID. Mr. President, this week ever, the real issue transcends political lic for which it stands, one nation under God, the Senate will begin consideration of polls and studies. The heart of the min- an increase in the Federal minimum indivisible, with liberty and justice for all. imum wage debate is not found in sta- wage. f tistics but, rather, in a question we Over the next few days Members of RECOGNITION OF THE MAJORITY this body will come to the floor and should ask ourselves: What kind of a LEADER make their case for or against increas- country do we aspire to be? The PRESIDENT pro tempore. The ing the minimum wage. Most of the This Nation is home to the greatest majority leader is recognized. statements we will hear today will be economy on Earth. Even as we con- f in favor of it because the Republicans tinue to recover from the great reces- MINIMUM WAGE FAIRNESS ACT— are not anxious to come here and speak sion, there is no question that we are MOTION TO PROCEED against raising the minimum wage. the richest country on the planet. Can They will be very silent most of the anyone in this Chamber doubt that our Mr. REID. I now move to proceed to time, and they will not talk much economy has the capability of pro- Calendar No. 354. about an increase in the minimum The PRESIDENT pro tempore. The viding livable wages to American wage, which is so vitally important to workers? The fact that in America clerk will report the motion. our country. The legislative clerk read as follows: there are full-time working mothers The American people will be inun- and fathers who must juggle two to Motion to proceed to Calendar No. 354, S. dated with figures and facts regarding 2223, a bill to provide for an increase in the three jobs just to provide food and shel- Federal minimum wage and to amend the In- the economic impact of an increase to ter for their children is unconscion- $10.10. Why was that number chosen? It ternal Revenue Code of 1986 to extend in- able. creased expensing limitations and the treat- was chosen because at that number— ment of certain real property as section 179 $10.10 for 40 hours—a person is no Before any sulking billionaire comes property. longer in poverty. forward as upset and pens an op-ed in SCHEDULE As supporters of this legislation, Sen- some newspaper calling me a collec- Mr. REID. Mr. President, following ate Democrats have ample evidence to tivist, as they have done, let me be my remarks and those of the Repub- back our position that an increase in clear: This is a question of fairness. Do

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

S2427

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VerDate Mar 15 2010 02:01 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.000 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2428 CONGRESSIONAL RECORD — SENATE April 29, 2014 we believe it is fair that fellow Ameri- RECOGNITION OF THE MINORITY LEADER emissions anyway. Approving the cans who work full time be paid less The PRESIDING OFFICER (Mr. project wouldn’t have an adverse im- than a livable wage? I hope not. Or do BOOKER). The Republican leader is rec- pact on carbon emissions. we value all American workers and re- ognized. So one would think Washington ward them with, at the very least, a CONDOLENCES TO TORNADO VICTIMS Democrats would join the large major- baseline wage that enables them to Mr. MCCONNELL. Mr. President, I ity of Americans who say Keystone is a provide for their families? wish to take a moment to offer condo- good deal for our country. One would There was a recent story in Nevada lences to those affected by this week’s think they would jump at the chance about a young man named Dalven who storms. Tornadoes struck a terrible to advance sound policy that has al- works at McDonald’s. He works hard, blow in several towns, and we are ready been thoroughly vetted. But, but his wages are so low he is forced to thinking today of all of those who were then, we would be missing the point be- get another job. Working two jobs, killed and injured and their friends and cause Democrats’ opposition to Key- what is this young man going to do? Is families as well. stone isn’t really about policy at all. he going to go to college? Of course JOBS They basically surrendered the policy not. Is he going to go to trade school? Mr. President, the American people argument a long time ago. That is not Of course not. He is too busy working. want Congress to focus on one thing really what this is about for them. Re- What is going to happen to him to bet- above all else: Jobs. Jobs. One would member: This is the same party that ter his life? think the Democrats who control the effectively conceded its agenda for the Just a few months ago an incredibly Senate would want to help us advance rest of this year was drafted by cam- successful businessman visited Capitol bipartisan ideas to boost job creation. paign staffers. The whole agenda for Hill. He said he put himself through One would think they would actually the rest of the year was drafted by college attending Harvard, and he did work with us to address the concerns campaign staffers. They said that. that being paid $2 an hour, which was and anxieties of our constituents. But, So for them this is more about poli- the minimum wage at the time. He now instead, Senate Democrats are pushing tics and symbolism, and the far left has is an elderly, very successful business- legislation this week that would actu- apparently decided that killing Key- man. He worked full-time over the ally cost—not create but actually stone is the symbolic scalp they want. course of the year and was able to pay cost—up to a million American jobs. In fact, they are demanding it. Wash- Harvard’s tuition. The tuition at that This is completely tone deaf. Their ington Democrats seem perfectly will- time was $2,400 a year—which was a bill would cost up to 17,000 jobs in Ken- ing to go along. Of course, the big loser in all of this lot—at one of America’s premier tucky alone. Apparently, this is what is the American middle class—the schools. Jim even claims he had money Senate Democrats have made their top moms and dads and sisters and broth- left over after paying his college fees. priority. It is not much of a surprise, ers whose primary concern is paying Jim’s daughter is now preparing to en- though. As I have said many times, the bills and putting food on the table. roll at Harvard. If she were to be em- Washington Democrats often seem to These are the people who have had it ployed at today’s minimum wage, she hurt the very people they claim to be worse in the Obama economy—the very would need to work full time for 4 fighting for. When it comes to so many people Washington Democrats should years to afford even one year of tuition of their proposals, Washington Demo- be doing literally everything to help. and room and board at Harvard. The crats appear to prioritize the desires of What I am saying to my colleagues young man at McDonald’s I just talked the far left over the needs of the middle today is it is not too late. They can about, Dalven, could never dream of class. Let’s be honest. The interests of still work with Republicans to create putting himself through Harvard or the far left and the interests of the more opportunity and to help us re- UNLV or any other place because he is middle class seem to be in fierce oppo- build the middle class, but to do so working two jobs and cannot do it. sition these days. they need to abandon the left and start Simply put, it is not fair that work- Take the Keystone Pipeline, for ex- focusing on the middle class for a ing families are being stripped of the ample. The Obama administration re- change. If they are ready to get serious American dream. That is what Dalven cently announced yet another punt on about job creation, then there are some has, as does everybody else, and as did this critical jobs project—one that easy ways to demonstrate that to the the Presiding Officer and as did I—the would lead to the creation of thou- American people. For starters, they dream to better oneself, to maybe even sands—literally thousands—of good can stop pushing legislation that would be better than what their family was jobs. Why? Because of pressure from cut rather than create jobs, and they able to be. the far left. One union leader called the can stop blocking projects such as Key- So, again, put simply, is it fair that administration’s decision ‘‘a cold, hard stone—a project that almost everyone working men and women are being slap in the face for hard-working Amer- knows will create jobs. Americans stripped of the American dream be- icans.’’ Another labor leader, whose want jobs, not symbolism. So start cause we refuse to pay them a livable union endorsed the President twice, working with us to give the American wage? They are working hard. That is put it this way: ‘‘No one seriously be- people the kind of pro-jobs policies why this legislation before us is so crit- lieves that the administration’s nearly- they want and deserve. ical. dark-of-night announcement . . . was RESERVATION OF LEADER TIME An increase in the minimum wage anything but politically motivated. It The PRESIDING OFFICER. Under obviously won’t make a millionaire of represented,’’ he said, ‘‘another low the previous order, the leadership time anyone, but it will ensure that each blow to the working men and women of is reserved. full time working American receives a our country for whom the Keystone XL wage they can live on and that will Pipeline is a lifeline to good jobs and f give them a fighting chance to get to energy security. . . . ’’ MORNING BUSINESS ahead in the economy. Every hard- Here is a project the government has The PRESIDING OFFICER. Under working American should have the op- been studying for 5 or 6 years now. For the previous order, there will now be a portunity to put a roof over their head 5 or 6 years they have been studying period of morning business until 11 and that of their family, and every full- this project. a.m., with Senators permitted to speak time employee should have a fair shot Americans have learned that building therein for up to 10 minutes each, with at the American dream. Keystone would produce significant the time equally divided between the So I invite my Republican colleagues economic benefit for our country, that two leaders or their designees, with the to consider what is fair for their con- it would lower energy prices, and that majority controlling the first half and stituents and to work with us to in- it would lead to the creation of thou- the Republicans controlling the final crease the Federal minimum wage, as sands of jobs at a time when we need half. 75 percent of the American people them more than ever. President Mr. MCCONNELL. I suggest the ab- think we should do. They should join in Obama’s own administration has con- sence of a quorum. giving every American a fair shot to cluded that approving Keystone would The PRESIDING OFFICER. The provide for their families. not significantly impact net carbon clerk will call the roll.

VerDate Mar 15 2010 01:24 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.002 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 29, 2014 CONGRESSIONAL RECORD — SENATE S2429 The legislative clerk proceeded to when we spoke with them. After all the for two decades, even while we fought call the roll. pain and hardship they have suffered, two long land wars. That is because the Mr. LEAHY. Mr. President, I ask they were thanking us for helping to political price of using them—particu- unanimous consent that the order for get them wheelchairs. larly in Afghanistan where more inno- the quorum call be rescinded. Their lives have been changed ter- cent civilians have been killed or in- The PRESIDING OFFICER. Without ribly forever, yet they are lucky be- jured from landmines than perhaps objection, it is so ordered. cause they survived. They lost their anywhere else—would have been pro- LANDMINE SCOURGE legs, their arms, but thankfully they hibitive. Mr. LEAHY. Mr. President, I have are not among the tens of thousands It matters because, like any other spoken several times in the past few who died from landmines during that issue, even when the United States is weeks—and I have spoken many times war and in the decades since the war not part of the problem, we have to be in the past 20 years—about the scourge ended. part of the solution. We ought to set an of landmines. In Vietnam, we have used the Leahy example on this. We ought to be strong They are inherently indiscriminate War Victims Fund to provide medical enough to do what 161 other countries weapons. They are triggered by the vic- care and rehabilitation to thousands of have done and join the treaty. tim, and usually the victim is an inno- mine victims. I have spoken to President Obama cent civilian who is either killed or As a Democrat, I want to compliment about this. I know he shares my con- horribly maimed. a Republican President, George H.W. cern about the toll of innocent lives The United States has not exported, Bush, who worked with me and with from landmines. As a Senator, he co- produced, or used antipersonnel mines the inspired founder of the Vietnam sponsored my legislation. So did Sec- for more than 20 years. But notwith- Veterans of America Foundation, retary Hagel. standing that—even though 161 nations Bobby Muller, to start using the Leahy This is an unfinished job. It began have joined the international treaty War Victims Fund in Vietnam. with President Clinton. It is time to banning them—one nation stands out We have spent many millions of dol- put the United States on a path to join for not having joined the treaty. That lars to help get rid of the mines. As I the treaty. Only the Commander in is the United States, and it is a shame said earlier, 40 years after the war, Chief can do that. The world cries out on this country. there are still vast areas of Vietnam to him to show that kind of moral lead- As the world’s only superpower with littered with unexploded mines and ership. by far the most powerful military, one bombs. would have thought the United States Yet Vietnam is only one of dozens of f would set an example of moral leader- countries whose people have been ter- rorized by landmines—some from our ship. Instead, we are among those who EGYPT are preventing the universality of the country, some from others. treaty. When you talk to the Department of Mr. LEAHY. Mr. President, events in This is doubly disappointing, consid- Defense about this, they say their Egypt continue to concern people of ering that it was President Clinton mines are ‘‘smart’’ because they are de- good will in this country and across who, 20 years ago, called for the elimi- signed to deactivate after a finite pe- the globe, who have shared the Egyp- nation of antipersonnel mines. Two riod of time. Of course, that is better tian people’s yearning for greater free- years later, in 1996—back in the last than mines that remain active for dom under the rule of law. century—he said: ‘‘Today I am launch- years. But if a child steps on one before I am the chairman of the Appropria- ing an international effort to ban anti- the time they are deactivated, that tions Subcommittee that funds the personnel landmines.’’ But his adminis- child does not know whether this is a State Department and foreign oper- tration did not sign the treaty. smart mine or a dumb mine because as ations. Then we had the Bush administra- long as they are active, they are no But even if I were not chairman of tion. They did nothing on the issue. better at distinguishing between a that subcommittee, I would have been Now we have the Obama administra- child and a soldier. watching the situation in Egypt with tion. Nothing has changed. The Obama I remember the young woman I met great interest and growing dismay, administration is following the Bush in a hospital after the Bosnia war. She where hundreds of people are sentenced administration’s policy of doing noth- was sent away by her parents to be safe to death after a sham trial lasting ing. So we are still waiting. during that conflict. But when the war barely an hour. It is appalling to see Last week I was in Vietnam, along ended she was running down the road this flouting of human rights and abuse with Senators SHELBY and CRAPO and to greet her parents and had both legs of the justice system, which are funda- Representatives COOPER from Ten- blown off. The war was over, but it mental to any democracy. Nobody—no- nessee and WELCH from Vermont. We never ended for her. body—can justify this. It does not show had conversations with President Sang, I have never argued that mines have a commitment to democracy. It shows with the Minister of Defense, and other no military utility. Every weapon does. a dictatorship run amok. It is an egre- Vietnamese officials. But we also met So does poison gas, so do IEDs. But we gious violation of human rights. with nongovernmental organizations— would not use them, and we consider it So I am not prepared to sign off on many of them Americans—that work immoral for other people to use them. the delivery of additional aid for the to locate and clear landmines and They are the antithesis of a precision Egyptian military. I am not prepared other unexploded ordnance. weapon. They do not belong in the ar- to do that until we see convincing evi- It is costly, dangerous work. They senal of civilized countries, least of all dence the government is committed to have been doing it for decades. At the in the United States. The United the rule of law. current rate, when you consider that States ought to have courage enough We cannot stand here and say: We are millions of landmines and bombs were to sign the landmine treaty. troubled by hundreds of people being dropped in Vietnam during the war, it You have to wonder, if Pennsylvania sentenced to death after a few minutes is estimated that it will take another or Oklahoma or Utah or Georgia or in a mass trial, but since we have been 100 years before it is safe to walk in Vermont or New Jersey or any of our 50 friends for so long we will go ahead and that country without fear of triggering States were littered with landmines, send you hundreds of millions of dol- a deadly explosion. killing and maiming innocent Ameri- lars in aid. No. I have met countless people in Viet- cans, would we tolerate it? Of course I do not think the taxpayers of this nam who have been crippled and dis- not. We would not make excuses about country would condone that, and nei- figured by landmines. Many of them needing to use these weapons. The out- ther do I. are children the age of my grand- cry would be deafening and the United I suggest the absence of a quorum. children. Here is a photograph of two States would join the treaty, as we The PRESIDING OFFICER. The Vietnamese men I met last week. You should have 15 years ago. clerk will call the roll. can see what landmines do. My wife Some might ask why this matters. The legislative clerk proceeded to Marcelle and I were deeply touched The United States has not used mines call the roll.

VerDate Mar 15 2010 02:01 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.004 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2430 CONGRESSIONAL RECORD — SENATE April 29, 2014 Mr. MORAN. I ask unanimous con- to be an active member in trying to are explained to them, Americans don’t sent that the order for the quorum call make life better for other people, those want it. Why is that? Because Ameri- be rescinded. who are his neighbors and those who cans want jobs. A minimum wage hike The PRESIDING OFFICER. Without surround him in Kansas City and Kan- during such a weak economic recovery objection, it is so ordered. sas, our State. He has those character- wouldn’t result in job gains; it would f istics of a Kansan. result in job losses. It is simple: When I have often known people who have you make something more expensive, CRABTREE NOMINATION been very successful in their profes- people can afford less of it. When you Mr. MORAN. Mr. President, I wish to sional lives, who have succeeded, for drive up the cost of hiring workers, em- speak for a few moments on the Senate example, in law school, gone on to a ployers can’t afford to hire as many of floor. We are working our way through large prestigious firm, and in many in- them, especially when you consider a number of confirmations relating to stances it seems as if they forgot where that many of those who employ min- Federal district judges across the coun- they came from. Dan continues to live imum wage workers are small business try. One of them is the potential Fed- in his hometown and continues to work owners. eral district judge for my State of Kan- to make certain that good things hap- Democrats are proposing a 40-percent sas. I rise to speak in support of one of pen in that community. He does that hike in an economy in which unem- those individuals who will be consid- with a great sense of humility. While ployment is already high and job ered by the Senate this week, Daniel he has the attributes that could cause growth is already weak—in other Crabtree. He was nominated by the him to be superior in his attitude to- words, a massive minimum wage hike President to be a U.S. district court ward others, Dan is humble, caring, under the worst possible conditions. It should surprise no one that the judge for the District of Kansas. and compassionate. His pride in where Congressional Budget Office has esti- I want to attest to my colleagues my he comes from is evidenced by a devo- mated this hike could cost up to 1 mil- view that he is a gentleman who should tion to many community activities— lion jobs. Who would be hurt by most be confirmed by the Senate. He was re- the Community Foundation of Wyan- by these lost jobs? Women, for one. The ported out of the Judiciary Committee dotte County and the Greater Kansas Congressional Budget Office estimates without opposition and is rated unani- City Community Foundation. He sits that 57 percent of the roughly half a mously ‘‘well qualified’’ by the Amer- on the board of directors for the Kan- million jobs that would be lost by the ican Bar Association, which, in part, sas City Sports Commission, and he is end of 2016 thanks to this bill would be confirms my view that he would make responsible in part for bringing 14 jobs that are held by women. Young an outstanding Federal judge. NCAA championships to Kansas City I actually have known this individual people would also be hit particularly over the past few years. hard. Our economy’s overall unemploy- for more than 30 years, dating back to All of this encompasses who Dan is. ment rate is not good, but the unem- our days at the University of Kansas He is a husband, a father, a lawyer, and School of Law, where he was 1 year ployment rate for 16- to 24-year-olds is a community leader. He is exemplary even worse—more than twice the na- ahead of me in law school. I have fol- in fulfilling each of those roles. Mostly, lowed his personal and professional de- tional average. The unemployment I want to say that his character, integ- rate for African Americans between 16 velopment since that time. We have re- rity, and professional achievements are mained acquainted, we have been and 24 is still worse than that—a stag- worthy of being a member of the Fed- gering 23.6 percent, almost four times friends, and for a short period of time eral bench. In fact, I can think of few we practiced law at the same firm in the national average. others whom I have met in my time as Duquesne University economist downtown Kansas City. He is worthy of a Senator but also my time as a prac- Antony Davies estimates that the our support today, but he is also some- ticing attorney in Kansas City who Democrats’ proposed minimum wage one who has my respect and admira- would fulfill the solemn duties of this increase would hike unemployment for tion. position better than Dan Crabtree. those under 25 years old without a high After graduating from the University I thank the President for nominating school diploma by 7 to 10 percent. If of Kansas School of Law, Dan Crabtree Dan Crabtree, and I ask my colleagues you are somebody who really needs a became an associate and ultimately be- to join me in swiftly confirming him as job—people under 25 years old without came a partner at the downtown Kan- a judge for the U.S. District Court for a diploma—the unemployment rate, sas City law firm then called Stinson, the District of Kansas. which is already staggeringly high, Mag & Fizzell. He became a partner in I yield the floor. could go up by 7 to 10 percent accord- 1988. The firm merged into a firm The PRESIDING OFFICER. The Sen- ing to a Duquesne University econo- called Stinson Morrison Hecker in 2002. ator from South Dakota. mist. He is a litigator with extensive expe- f Finally, the Democrats’ proposed rience in the Federal and State courts, THE MINIMUM WAGE minimum wage hike would harm the and he received recognition by the pub- lowest income and lowest skilled work- lication ‘‘Best Lawyers’’ in Kansas Mr. THUNE. I come to the floor to ers—in other words, the very people it City as the Antitrust Lawyer of the discuss the proposed minimum wage is supposed to help. When businesses Year in 2013. In 2014 he was the Kansas hike and the jobs it will cost Ameri- are faced with the reality of higher em- City Banking and Finance Litigation cans. ployment costs from a minimum wage Lawyer of the Year. Again, this is out- With more than 10 million Americans hike, who are they going to let go? Low side confirmation of his qualifications unemployed, the last thing this body skilled workers, the same workers who and capabilities. should be doing is considering legisla- are most likely to be making the min- Dan is a lifelong resident of our tion that would jeopardize jobs. Yet imum wage. State. He grew up in Kansas City, KS, this week we are back in session with In a March 2014 survey of businesses the suburbs of Kansas City, MO, on the another one of the Democrats’ elec- currently employing minimum wage Kansas side of the line. He and his wife tion-year gimmicks: a 40-percent min- workers, 38 percent reported they Maureen and their teenager daughter imum wage hike that the Congres- would have to let some employees go to continue to live in Kansas City, KS, sional Budget Office estimates would cover the cost of the minimum wage today. result in a loss of up to 1 million jobs hike, while 54 percent reported they I have often spoken on the Senate in this country. would reduce their hiring. floor about the special way of life we Minimum wage hikes are a favorite In South Dakota small business own- have in our State, and Dan Crabtree, in Democratic proposal when economic ers told me the same thing at a recent his hometown of Kansas City, KS, ex- times are tough and election-year pros- roundtable I held in my State. Multiple emplifies what I so often admire, re- pects are dim. Hiking wages sounds Main Street business owners told me spect, and speak of on the Senate floor good, after all, and Democrats figure it they would stop hiring younger, less about his humility, his devotion to is a sure-fire way to appeal to Ameri- experienced workers and/or reduce the others, his relationship with his com- cans. But the truth is that when the hours of their current employees. Oth- munity, and how important it is to him consequences of a minimum wage hike ers spoke of the devastating impact the

VerDate Mar 15 2010 01:24 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.006 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 29, 2014 CONGRESSIONAL RECORD — SENATE S2431 cost increases would have on their ing proposals that would spur job cre- Harry Reid, Patrick J. Leahy, Jon businesses. One gentleman who em- ation, increase opportunity, and help Tester, Barbara Boxer, Charles E. ploys 30 workers at a Dairy Queen in middle-class families, proposals such as Schumer, Benjamin L. Cardin, Richard J. Durbin, Christopher A. Coons, Jack South Dakota told me that a $3 in- Senator HOEVEN’s bill to force approval Reed, John D. Rockefeller IV, Carl crease in the minimum wage would of the Keystone Pipeline and the 42,000 Levin, Bill Nelson, Sheldon White- cost his business an additional $100,000 jobs the President’s own State Depart- house, Christopher Murphy, Patty per year. That is a huge amount for a ment says it would support. Murray, Tom Udall, Angus S. King, Jr. small business in a rural area of South There is Senator COLLINS’ proposal to Mr. LEAHY. Mr. President, today, we Dakota. To deal with these costs, this amend the ObamaCare 30-hour work- will vote to end filibusters on the owner, like so many other small busi- week provision that is causing employ- nominations of Sheryl Lipman to the ness owners around the country, is ers to cut hours. U.S. District Court for the Western going to be forced to hike prices on the We have the proposal from Senators District of Tennessee, Stanley Bastian products he offers, and that will affect HATCH, TOOMEY, and COATS to repeal to the U.S. District Court for the East- individuals and families in South Da- ObamaCare’s tax on lifesaving medical ern District of Washington, Manish kota and across the country. devices such as pacemakers and insulin Shah to a judicial emergency vacancy Middle-class families have already pumps—a tax that has already nega- on the U.S. District Court for the seen their incomes fall by nearly $3,500 tively affected tens of thousands of Northern District of Illinois, Daniel on this President’s watch. The Con- jobs in this industry and stands ready Crabtree to the U.S. District Court for gressional Budget Office makes clear to damage many more. the District of Kansas, Judge Cynthia that a minimum wage hike will mean Then there is Senator PORTMAN’s bill Bashant to the U.S. District Court for their purchasing power will be even to require executive branch agencies to the Southern District of California, further reduced and eroded. conduct a cost-benefit analysis of new and Judge Jon Levy to the U.S. Dis- The evidence is clear: Minimum wage regulations so that fewer burdensome, trict Court for the District of Maine. hikes cost jobs. When informed that job-killing regulations emerge from These are just 6 of the 31 judicial nomi- they cost jobs, the strong majority of the administration. nees currently pending on the Senate Americans reject these hikes, but un- There are bills from Senator LEE, Floor. fortunately Democrats have a habit of Senator MCCONNELL, and Senator Every single one of these nominees ignoring both the evidence and the AYOTTE to give working parents more was voted out of the Judiciary Com- American people. flexibility in the workplace so that mittee with bipartisan support and Take ObamaCare. Democrats jammed they can make it to more soccer games every single one of these nominees has the bill through Congress on a party- and more dance recitals while main- the support of their home State Sen- line vote over the objections of the taining steady jobs. ators. Nevertheless, we are once again American people and despite plenty of Senator RUBIO has a bill to amend being forced to follow the costly ritual evidence to suggest that ObamaCare the National Labor Relations Act to of filing and voting on cloture for non- wouldn’t work. But, committed to allow employers to give raises to de- controversial nominees and wasting their liberal fantasy of successful gov- serving employees. valuable floor time repeating this exer- ernment-run health care, they ignored Then there is my own to help long- cise. Meanwhile, it is our Federal Judi- all the evidence to the contrary and term unemployed workers by providing ciary and the American people who suf- forced the bill through. The American them with a one-time low-interest loan fer from these delays. people are suffering as a result—can- of up to $10,000 to start a new job or to I recently heard remarks from the celed health care plans, lost doctors relocate to a State or metropolitan Minority Leader claiming that ‘‘many and hospitals, higher prices, fewer area with lower unemployment. of these nominees would have been con- choices, and reduced access to medica- The PRESIDING OFFICER (Mr. firmed last December had we not’’ in- tions. The list goes on and on. SCHATZ). The time of the Senator has stituted the rules change. This state- Last week the fifth annual U.S. Bank expired. ment is simply belied by the facts. Sen- Small Business Survey reported that Mr. THUNE. Those are the issues on ate Republicans have obstructed and businesses now rank health care as which we should be focused. I hope we slowed the nominations process their No. 1 concern. More than 60 per- will start—and start creating jobs and throughout this President’s entire ten- cent of them, quoting from the survey, opportunities for the American people. ure—in both his first and second terms. ‘‘now say the long-term impact of the At the end of each calendar year, Sen- f Affordable Care Act will be negative on ate Republicans deliberately refuse to their business.’’ CONCLUSION OF MORNING vote on several judicial nominees who Another article over the weekend re- BUSINESS could and should be confirmed in order ported that ‘‘health insurers are pre- The PRESIDING OFFICER. Morning to consume additional time the fol- paring to raise rates next year for business is closed. lowing year confirming these nomi- plans issued under the Affordable Care nees. This has happened at the conclu- f Act.’’ sion of every single year of the Obama Still another article from The Hill EXECUTIVE SESSION presidency. At the end of 2009, they left 10 nomi- newspaper on Saturday stated that The PRESIDING OFFICER. Under nations on the Executive Calendar Democrats in competitive elections the previous order, the Senate will pro- without a vote. Two of those nomina- generally regard ObamaCare as a four- ceed to executive session. letter word, with many of their cam- tions were returned to the President, paign Web sites omitting any reference f and it subsequently took 9 months for to the law. CLOTURE MOTION the Senate to take action on the other 8. This resulted in the lowest 1-year Democrats know ObamaCare has The PRESIDING OFFICER. Under confirmation total in at least 35 years. failed, but instead of trying to replace the previous order, pursuant to rule In 2010 and 2011, Senate Republicans the law, they are just trying to distract XXII, the Chair lays before the Senate left 19 nominations on the Senate Ex- with more bad policies that make it the pending cloture motion, which the ecutive Calendar at the end of each even harder to create jobs in this coun- clerk will state. year. It then took nearly half the fol- try. The legislative clerk read as follows: American families are hurting. They lowing year for the Senate to confirm CLOTURE MOTION need jobs—steady, good-paying jobs. these nominees. In 2012, Senate Repub- Yet Democrats are ignoring this pri- We, the undersigned Senators, in accord- licans left 11 judicial nominees without ance with the provisions of rule XXII of the action and another four had hearings ority in favor of liberal pet projects Standing Rules of the Senate, hereby move that pander to their political base. to bring to a close debate on the nomination but Republicans refused to expedite There is a clear contrast developing of Sheryl H. Lipman, of Tennessee, to be their consideration. In 2013, Senate Re- in the Senate: Democrats are offering United States District Judge for the Western publicans left 9 nominations on the Ex- distractions and Republicans are offer- District of Tennessee. ecutive Calendar. Another 15 judicial

VerDate Mar 15 2010 01:24 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.007 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2432 CONGRESSIONAL RECORD — SENATE April 29, 2014 nominees could have been reported to lican Senators, Senator CORKER and District of Kansas. The Judiciary Com- the full Senate and confirmed by the Senator ALEXANDER. The Judiciary mittee reported him unanimously by end of last year, but Senate Repub- Committee reported her unanimously voice vote to the full Senate on Janu- licans blocked the Judiciary Commit- by voice vote to the full Senate on Jan- ary 16, 2014. tee’s ability to meet to report these uary 16, 2014. Judge Cynthia Bashant has served as nominees to the full Senate. So, the Stanley Bastian has worked in pri- a California State judge in San Diego idea that the rules change has some- vate practice for over 15 years and cur- Superior Court since 2000, and for 3 how triggered Republican obstruction rently serves as a managing partner at years as the court’s presiding judge, is simply not true. This has been a per- the law firm Jeffers, Danielson, Sonn & 2010–2013. During her 13 years on the sistent and coordinated effort since the Aylward, P.S. From 1985 to 1988, he bench, she has presided over approxi- very beginning of the Obama presi- served as an Assistant City Attorney in mately 100 jury trials and over 1,000 dency, and the rules change was an at- the Seattle City Attorney’s Office, bench trials. Prior to her judicial serv- tempt to overcome some of these tac- from 1984 to 1985 he served as a law ice, she served as an assistant U.S. at- tics of delay and obstruction. clerk to Judge Ward Williams of the torney in the Southern District of Cali- I have also seen reports lately that Washington State Court of Appeals Di- fornia, 1989–2000, and worked in private President Obama is now outpacing vision I. Mr. Bastian previously served practice at Baker and McKenzie (1988– President George W. Bush in terms of as the president of the Washington 1989) and at McDonald Halsted and judicial nominees confirmed at the State Bar Association. He has the sup- Laybourne, 1986–1988. In private prac- same point in their presidencies. It is port of his home State Senators, Sen- tice, she provided pro bono legal serv- true that at this point in their respec- ator MURRAY and Senator CANTWELL. ices to the San Diego Volunteer Law- tive presidencies, President Bush had The ABA Standing Committee on the yers Program and the American Civil 232 nominees confirmed while this Federal Judiciary unanimously rated Liberties Union. While serving as an President has had 235 nominees con- him ‘‘well qualified’’ to serve on the assistant U.S. attorney, she received firmed. This is certainly welcome U.S. District Court for the Eastern Dis- six Special Commendations for Out- news. trict of Washington, its highest rating. standing Performance. Judge Bashant I would note, however, that this sta- The Judiciary Committee reported him has the support of her home State Sen- tistic paints a very incomplete picture unanimously by voice vote to the full ators, Senator FEINSTEIN and Senator of what needs to be done. Although Senate on January 16, 2014. BOXER. The Judiciary Committee re- there have been slightly more nomi- Manish Shah has served in the ported her unanimously by voice vote nees confirmed, the vacancies are United States Attorney’s Office for the to the full Senate on January 16, 2014. much higher at this point in this presi- Northern District of Illinois since 2001. Justice Jon Levy has served as an as- dent’s tenure than in President Bush’s He has served as the chief of the Crimi- sociate justice on the Maine Supreme tenure. In April 2006, there were only 54 nal Division since 2012, and previously Judicial Court since 2002. He previously vacancies in the Federal judiciary. In served as the chief of Criminal Appeals, served as a state judge in York, ME, as stark contrast, as of April 2014, there deputy chief of Financial Crimes & chief judge, 2001–2002, deputy chief are currently 85 vacancies in the Fed- Special Prosecutions, and deputy chief judge, 2000–2001, and as a district court eral judiciary—31 vacancies more than of General Crimes. He also served as a judge for Maine’s Tenth Judicial Dis- existed at the same point in President law clerk to Judge James Zagel of the trict (1995–2000). Prior to his judicial Bush’s tenure. U.S. District Court for the Northern service, he worked in private practice The comparison is even more trou- District of Illinois from 1999 to 2001. for more than a decade. He previously bling when you consider the 31 judicial Mr. Shah was awarded the Federal Bu- served as a special monitor in the U.S. nominees currently pending on the Ex- reau of Investigation Director’s Award District Court for the Southern Dis- ecutive Calendar. We could lower the for Outstanding Criminal Investigation trict of Texas, 1981–1982. After grad- number of judicial vacancies today to in 2008 and the Executive Office for uating from law school, he served as a 54 if Senate Republicans would consent U.S. Attorneys Director’s Award for law clerk to Judge John Copenhaver, to voting on all of the pending nomi- Superior Performance by a Litigative Jr., of the U.S. District Court for the nees. We have not had fewer than 60 va- Team in 2007. He earned his B.A. with Southern District of West Virginia, cancies since February 2009, at the be- honors and distinction from Stanford 1979–1981. He is a member of the Amer- ginning of President Obama’s first University in 1994. He earned his J.D. ican Bar Association’s Standing Com- term. And for most of President with honors from the University of mittee on Legal Aid and Indigent De- Obama’s tenure in office, judicial va- Chicago Law School in 1998. He has the fendants. As a leader in the Maine Jus- cancies have continued to hover around bipartisan support of his home State tice Action Group, he has promoted pro 80 and 90 because of Senate Republican Senators, Senator DURBIN and Senator bono involvement throughout Maine’s obstruction. Nevertheless, Senate Re- KIRK. The Judiciary Committee re- legal community. Justice Levy has the publicans continue to object to votes ported him unanimously by voice vote bipartisan support of his home State on these nominations. to the full Senate on January 16, 2014. Senators, Senator KING and Senator These 6 nominees for whom we are If confirmed, he would be the first COLLINS. The Judiciary Committee re- voting to invoke cloture on today were South Asian judge to serve on a Fed- ported his nomination favorably with nominated last August and September. eral court in Illinois. bipartisan support to the full Senate It is about time that we held a vote on Daniel Crabtree has worked as a on January 16, 2014. their nominations. All 6 nominees are partner at Stinson, Morrison, Hecker, I thank the majority leader for filing well qualified and we should end these LLP since 2002. He previously worked cloture petitions to end the filibusters filibusters and confirm them as soon as in private practice for 21 years at of these much needed judges. I hope my possible. Stinson, Mag & Fizzel. He has also fellow Senators will join me today to Sheryl Lipman has served as Univer- served as the general counsel for the end these filibusters so that these sity Counsel to the University of Mem- Kansas City Royals Baseball Club and nominees can get working on behalf of phis since 2002, where she has also Walsworth Publishing Company since the American people. served as interim chief of staff to the 2008. In private practice, he has pro- The PRESIDING OFFICER. By unan- president of the university and senior vided pro bono legal services through imous consent, the mandatory quorum attorney. Prior to her work for the the Volunteer Attorney Project of the call has been waived. University of Memphis, she worked for Legal Aid Office of the Western Dis- The question is, Is it the sense of the nearly a decade in private practice at trict of Missouri. Mr. Crabtree has the Senate that debate on the nomination various law firms. Following her grad- support of his Republican home State of Sheryl H. Lipman, of Tennessee, to uation from law school, she served as a Senators, Senator MORAN and Senator be United States District Judge for the law clerk to Judge Julia Gibbons of the ROBERTS. The ABA Standing Com- Western District of Tennessee, shall be U.S. District Court for the Western mittee on the Federal Judiciary unani- brought to a close? District of Tennessee. Ms. Lipman has mously rated him ‘‘well qualified’’ to The yeas and nays are mandatory the support of her home State Repub- serve on the U.S. District Court for the under the rule.

VerDate Mar 15 2010 01:24 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.073 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 29, 2014 CONGRESSIONAL RECORD — SENATE S2433 The clerk will call the roll. licans and Democrats alike, and while Mr. CORNYN. The following Senators The legislative clerk called the roll. we don’t always agree on every nomi- are necessarily absent: the Senator Mr. DURBIN. I announce that the nee, that process has served our State from Arkansas (Mr. BOOZMAN) and the Senator from Arkansas (Mr. PRYOR) is well for a long time. As the Senate Senator from Florida (Mr. RUBIO). necessarily absent. votes today on the nomination of Mr. The PRESIDING OFFICER. Are there Mr. CORNYN. The following Senators Bastian, I would like to inform my col- any other Senators in the Chamber de- are necessarily absent: the Senator leagues that during the bipartisan siring to vote? from Arkansas (Mr. BOOZMAN) and the process to select him, his support was The yeas and nays resulted—yeas 55, Senator from Florida (Mr. RUBIO). unanimous. That means every Repub- nays 41, as follows: The PRESIDING OFFICER. Are there lican and every Democrat who helps se- [Rollcall Vote No. 112 Ex.] any other Senators in the Chamber de- lect judicial nominees in our State sup- YEAS—55 siring to vote? ports Mr. Bastian on the Federal Baldwin Harkin Nelson The yeas and nays resulted—yeas 58, bench. In today’s political atmosphere, Begich Heinrich Reed nays 39, as follows: that is the strongest endorsement I can Bennet Heitkamp Reid Blumenthal Hirono [Rollcall Vote No. 111 Ex.] think of. Rockefeller He has nearly 30 years of litigation Booker Johnson (SD) Sanders YEAS—58 Boxer Kaine Schatz experience. He is a fellow in the Amer- Brown King Alexander Hagan Murray Schumer Cantwell Klobuchar Baldwin Harkin Nelson ican College of Trial Lawyers. He is the Shaheen Cardin Landrieu Begich Heinrich Reed chairman of the Equal Justice Coali- Stabenow Carper Leahy Bennet Heitkamp Tester Reid tion, and throughout his career he has Casey Blumenthal Hirono Manchin Rockefeller Collins Udall (CO) Booker Johnson (SD) served the Washington bar, first as a Markey Sanders Coons Udall (NM) Boxer Kaine member of the board of governors and McCaskill Schatz Donnelly Walsh Brown King Menendez Schumer eventually as president. He has prac- Durbin Warner Cantwell Klobuchar Merkley Shaheen ticed in both State and Federal courts, Feinstein Warren Cardin Landrieu Mikulski Stabenow Franken Whitehouse Carper Leahy tried hundreds of cases, including civil Murkowski Gillibrand Wyden Casey Levin Tester and criminal cases and jury and bench Murphy Hagan Collins Manchin Udall (CO) Murray Udall (NM) trials. Coons Markey Our system of government is at its NAYS—41 Corker McCaskill Walsh Donnelly Menendez Warner best when good people step up to the Alexander Fischer McConnell Durbin Merkley Warren plate and are willing to serve. Ayotte Flake Moran Feinstein Mikulski Whitehouse Throughout his legal career Stan Barrasso Graham Paul Franken Murkowski Wyden Blunt Grassley Portman Gillibrand Murphy Bastian has done just that. So I am Burr Hatch Risch here to express my support and urge Chambliss Heller Roberts NAYS—39 our colleagues to do the same. Coats Hoeven Scott Coburn Inhofe Ayotte Flake McConnell Sessions Thank you. I yield the floor. Cochran Isakson Barrasso Graham Moran Shelby Mr. REID. Mr. President, I yield back Corker Johanns Blunt Grassley Paul Thune Cornyn Johnson (WI) Burr Hatch Portman all time. Toomey Crapo Kirk Chambliss Heller Risch The PRESIDING OFFICER. Without Cruz Lee Vitter Coats Hoeven Roberts objection, all time is yielded back. Enzi McCain Wicker Coburn Inhofe Scott The PRESIDING OFFICER. Under Cochran Isakson Sessions NOT VOTING—4 Cornyn Johanns Shelby the previous order, pursuant to rule Crapo Johnson (WI) Thune XXII, the Chair lays before the Senate Boozman Pryor Cruz Kirk Toomey the pending cloture motion, which the Levin Rubio Enzi Lee Vitter clerk will state. The PRESIDING OFFICER. On the Fischer McCain Wicker The legislative clerk read as follows: motion to invoke cloture, the yeas are NOT VOTING—3 CLOTURE MOTION 55, the nays are 41. The motion is Boozman Pryor Rubio We, the undersigned Senators, in accord- agreed to. ance with the provisions of rule XXII of the The PRESIDING OFFICER. On this f vote the yeas are 58 and the nays are Standing Rules of the Senate, hereby move to bring to a close debate on the nomination CLOTURE MOTION 39. The motion to invoke cloture is of Stanley Allen Bastian, of Washington, to agreed to. be United States District Judge for the East- The PRESIDING OFFICER. Under The majority leader is recognized. ern District of Washington. the previous order, there will now be 2 Mr. REID. We have five more votes. Harry Reid, Patrick J. Leahy, Jon minutes of debate prior to a vote on At the end of 10 minutes, with the 5- Tester, Barbara Boxer, Charles E. the motion to invoke cloture on the minute kicker on each of these votes, Schumer, Benjamin L. Cardin, Richard Shah nomination. we should close the vote no matter who J. Durbin, Robert P. Casey, Chris- The Senator from Vermont. is not here. We have a lot to do today. topher A. Coons, John D. Rockefeller Mr. LEAHY. Mr. President, I ask IV, Carl Levin, Maria Cantwell, Bill unanimous consent that all time be We have two caucuses that should start Nelson, Sheldon Whitehouse, Chris- at 12:30, and so we will have to rush topher Murphy, Patty Murray, Tom yielded back on the remaining pending through these as quickly as we can. Udall, Angus S. King, Jr. nominations. f The PRESIDING OFFICER. By unan- The PRESIDING OFFICER. Is there objection? CLOTURE MOTION imous consent, the mandatory quorum call has been waived. Without objection, it is so ordered. The PRESIDING OFFICER. Under The question is, Is it the sense of the The clerk will report the motion to the previous order, there will be 2 min- Senate that debate on the nomination invoke cloture. utes of debate prior to the vote on the of Stanley Allen Bastian, of Wash- The bill clerk read as follows: motion to invoke cloture on the ington, to be United States District CLOTURE MOTION Bastian nomination. Judge for the Eastern District of Wash- We, the undersigned Senators, in accord- The Senator from Washington. ington, shall be brought to a close? ance with the provisions of rule XXII of the Mrs. MURRAY. Mr. President, I The yeas and nays are mandatory Standing Rules of the Senate, hereby move would like to speak about the excellent under the rules. to bring to a close debate on the nomination nominee we are considering to be U.S. The clerk will call the roll. of Manish S. Shah, of Illinois, to be United district judge for the Eastern District The assistant legislative clerk called States District Judge for the Northern Dis- of Washington, Stan Bastian. trict of Illinois. the roll. Harry Reid, Patrick J. Leahy, Jon In my home State of Washington we Mr. DURBIN. I announce that the Tester, Barbara Boxer, Charles E. have a bipartisan judicial selection Senator from Michigan (Mr. LEVIN) and Schumer, Benjamin L. Cardin, Richard process that allows us to recommend the Senator from Arkansas (Mr. J. Durbin, Robert P. Casey, Jr., Chris- nominees who are supported by Repub- PRYOR) are necessarily absent. topher A. Coons, John D. Rockefeller

VerDate Mar 15 2010 02:16 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.010 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2434 CONGRESSIONAL RECORD — SENATE April 29, 2014 IV, Carl Levin, Bill Nelson, Sheldon of Daniel D. Crabtree, of Kansas, to be under rule XXII, the Chair directs the Whitehouse, Christopher Murphy, United States District Judge for the District clerk to read the motion. Patty Murray, Tom Udall, Angus S. of Kansas. The assistant bill clerk read as fol- King, Jr. Harry Reid, Patrick J. Leahy, Jon lows: Tester, Barbara Boxer, Charles E. The PRESIDING OFFICER. By unan- CLOTURE MOTION imous consent, the mandatory quorum Schumer, Benjamin L. Cardin, Richard J. Durbin, Christopher A. Coons, Jack We, the undersigned Senators, in accord- call has been waived. Reed, John D. Rockefeller IV, Carl ance with the provisions of rule XXII of the The question is, Is it the sense of the Levin, Bill Nelson, Sheldon White- Standing Rules of the Senate, hereby move Senate that debate on the nomination house, Christopher Murphy, Patty to bring to a close debate on the nomination of Cynthia Ann Bashant, of California, to be of Manish S. Shah, of Illinois, to be Murray, Tom Udall, Angus S. King, Jr. United States District Judge for the South- United States District Judge for the The PRESIDING OFFICER. By unan- ern District of California. Northern District of Illinois, shall be imous consent, the mandatory quorum Harry Reid, Patrick J. Leahy, Benjamin brought to a close? call has been waived. L. Cardin, Mark Pryor, Mark Begich, The yeas and nays are mandatory The question is, Is it the sense of the Robert Menendez, Tom Harkin, Amy under the rule. Senate that debate on the nomination Klobuchar, Christopher Murphy, Patty The clerk will call the roll. of Daniel D. Crabtree, of Kansas, to be Murray, Jon Tester, Richard J. Durbin, Barbara Boxer, Angus S. King, Jr., The bill clerk called the roll. United States District Judge for the Mr. DURBIN. I announce that the Claire McCaskill, Richard Blumenthal, District of Kansas, shall be brought to Sheldon Whitehouse, Jack Reed. Senator from Arkansas (Mr. PRYOR) is a close? necessarily absent. The PRESIDING OFFICER. By unan- The yeas and nays are mandatory imous consent, the mandatory quorum Mr. CORNYN. The following Senators under the rule. call has been waived. are necessarily absent: the Senator The clerk will call the roll. The question is, Is it the sense of the from Arkansas (Mr. BOOZMAN) and the The assistant legislative clerk called Senate that debate on the nomination Senator from Florida (Mr. RUBIO). the roll. of Cynthia Ann Bashant, of California, The PRESIDING OFFICER (Ms. Mr. DURBIN. I announce that the to be United States District Judge for HEITKAMP). Are there any other Sen- Senator from Ohio (Mr. BROWN) and the the Southern District of California, ators in the Chamber desiring to vote? Senator from Arkansas (Mr. PRYOR) shall be brought to a close? The yeas and nays resulted—yeas 57, are necessarily absent. The yeas and nays are mandatory nays 40, as follows: Mr. CORNYN. The following Senators under the rule. [Rollcall Vote No. 113 Ex.] are necessarily absent: the Senator The clerk will call the roll. YEAS—57 from Arkansas (Mr. BOOZMAN) and the The assistant bill clerk called the Baldwin Harkin Murphy Senator from Florida (Mr. RUBIO). roll. Begich Heinrich Murray The PRESIDING OFFICER. Are there Mr. DURBIN. I announce that the Bennet Heitkamp Nelson any other Senators in the Chamber de- Senator from Arkansas (Mr. PRYOR) is Blumenthal Hirono Reed siring to vote? necessarily absent. Booker Johnson (SD) Reid Mr. CORNYN. The following Senators Boxer Kaine Rockefeller The yeas and nays resulted—yeas 57, Brown King Sanders nays 39, as follows: are necessarily absent: the Senator Cantwell Kirk Schatz from Florida (Mr. RUBIO) and the Sen- [Rollcall Vote No. 114 Ex.] Cardin Klobuchar Schumer ator from Arkansas (Mr. BOOZMAN). Carper Landrieu Shaheen YEAS—57 The PRESIDING OFFICER. Are there Casey Leahy Stabenow Baldwin Heinrich Murray Collins Levin Tester any other Senators in the Chamber de- Begich Heitkamp Nelson Coons Manchin Udall (CO) siring to vote? Bennet Hirono Reed Donnelly Markey Udall (NM) Blumenthal Johnson (SD) Reid The yeas and nays resulted—yeas 56, Durbin McCaskill Walsh Booker Kaine Roberts nays 41, as follows: Feinstein Menendez Warner Boxer King Rockefeller Franken Merkley Warren [Rollcall Vote No. 115 Ex.] Cantwell Klobuchar Sanders Gillibrand Mikulski Whitehouse YEAS—56 Cardin Landrieu Schatz Hagan Murkowski Wyden Carper Leahy Schumer Baldwin Harkin Murray NAYS—40 Casey Levin Shaheen Begich Heinrich Nelson Collins Manchin Stabenow Bennet Heitkamp Reed Alexander Fischer Moran Coons Markey Tester Blumenthal Hirono Reid Ayotte Flake Paul Donnelly McCaskill Udall (CO) Booker Johnson (SD) Barrasso Graham Rockefeller Portman Durbin Menendez Udall (NM) Boxer Kaine Blunt Grassley Sanders Risch Feinstein Merkley Walsh Brown King Burr Hatch Schatz Roberts Franken Mikulski Warner Cantwell Klobuchar Chambliss Heller Schumer Scott Gillibrand Moran Warren Cardin Landrieu Coats Hoeven Shaheen Sessions Hagan Murkowski Whitehouse Carper Leahy Coburn Inhofe Stabenow Shelby Harkin Murphy Wyden Casey Levin Cochran Isakson Tester Thune Collins Manchin Corker Johanns Udall (CO) Toomey NAYS—39 Coons Markey Cornyn Johnson (WI) Udall (NM) Vitter Alexander Enzi Lee Donnelly McCaskill Crapo Lee Walsh Ayotte Fischer Durbin Menendez Cruz McCain Wicker McCain Barrasso Flake Feinstein Merkley Warner Enzi McConnell McConnell Blunt Graham Paul Franken Mikulski Warren NOT VOTING—3 Burr Grassley Portman Gillibrand Murkowski Whitehouse Chambliss Hatch Risch Hagan Murphy Wyden Boozman Pryor Rubio Coats Heller Scott NAYS—41 The PRESIDING OFFICER. On this Coburn Hoeven Sessions Cochran Inhofe Shelby Alexander Fischer McConnell vote the yeas are 57, the nays are 40. Corker Isakson Thune Ayotte Flake Moran The motion is agreed to. Cornyn Johanns Toomey Barrasso Graham Paul Crapo Johnson (WI) Vitter Blunt Grassley Portman f Cruz Kirk Wicker Burr Hatch Risch Chambliss Heller CLOTURE MOTION Roberts NOT VOTING—4 Coats Hoeven Scott The PRESIDING OFFICER. Pursuant Boozman Pryor Coburn Inhofe Sessions Cochran Isakson Brown Rubio Shelby to rule XXII, the Chair lays before the Corker Johanns Thune Senate the pending cloture motion, The PRESIDING OFFICER. On this Cornyn Johnson (WI) Toomey which the clerk will state. vote the yeas are 57, the nays are 39. Crapo Kirk Cruz Lee Vitter The bill clerk read as follows: The motion is agreed to. Enzi McCain Wicker CLOTURE MOTION f NOT VOTING—3 We, the undersigned Senators, in accord- CLOTURE MOTION Boozman Pryor Rubio ance with the provisions of rule XXII of the Standing Rules of the Senate, hereby move The PRESIDING OFFICER. The clo- The PRESIDING OFFICER. On this to bring to a close debate on the nomination ture motion having been presented vote the yeas are 56 and the nays are

VerDate Mar 15 2010 02:16 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.012 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 29, 2014 CONGRESSIONAL RECORD — SENATE S2435 41. The motion is agreed to. The major- Johanns Portman Thune The Senator from Iowa. ity leader. Johnson (WI) Risch Toomey Mr. HARKIN. Madam President, we Lee Roberts Vitter Mr. REID. This will be the last vote McCain Scott Wicker are now debating legislation that will this morning. McConnell Sessions be up for a vote tomorrow. It will be a Moran Shelby cloture vote on bringing a minimum f NOT VOTING—3 wage increase bill to the floor. CLOTURE MOTION Boozman Pryor Rubio Let’s be clear about this. It is a clo- ture vote. This means it is going to The PRESIDING OFFICER. Pursuant The PRESIDING OFFICER. On this take 60 votes, and that will happen to- to rule XXII, the Chair lays before the vote the yeas are 63, the nays are 34. morrow. I assume most of the day we Senate the pending cloture motion, The motion to invoke cloture is agreed will be discussing that. I hope so. I which the clerk will state: to. know others have come to the floor The bill clerk read as follows: f previously to discuss this. CLOTURE MOTION LEGISLATIVE SESSION As the chairman of the committee We, the undersigned Senators, in accord- and as the chief sponsor of this bill, I ance with the provisions of rule XXII of the The PRESIDING OFFICER. Under intend to be back on the floor later Standing Rules of the Senate, hereby move the previous order, the Senate will re- today to respond to some of the allega- to bring to a close debate on the nomination sume legislative session. tions made by Senators on the other of Jon David Levy, of Maine, to be United The Senator from Mississippi. side of the aisle regarding this bill and States District Judge for the District of Mr. WICKER. Madam President, I minimum wage as a concept, but I wish Maine. wish to speak as in morning business to take a few minutes to sort of set the Harry Reid, Patrick J. Leahy, Patty for 1 minute. Murray, Richard J. Durbin, Kirsten E. stage for this legislation and what it is The PRESIDING OFFICER. Without going to mean for our economy and for Gillibrand, Brian Schatz, Heidi objection, it is so ordered. Heitkamp, Martin Heinrich, Tammy working Americans. Baldwin, Debbie Stabenow, Mazie K. f What I would say at the outset is Hirono, Barbara Boxer, Dianne Fein- MISSISSIPPI STORMS that the minimum wage bill is about a stein, Angus S. King, Jr., Tim Kaine, lot of things: It is going to give an eco- Sheldon Whitehouse, Amy Klobuchar. Mr. WICKER. Madam President, I nomic boost. It will increase the GDP The PRESIDING OFFICER. By unan- simply want to take a moment to say of our country. It will do a lot of good imous consent, the mandatory quorum a few words about the devastating economically for our society, but basi- call has been waived. storms that swept through my home cally it is about economic fairness. It The question is, Is it the sense of the State of Mississippi yesterday. is about what kind of society we want Senate that debate on the nomination My prayers are with the families of America to be. of Jon David Levy, of Maine, to be those who lost their lives, those who Keep in mind, the Fair Labor Stand- United States District Court Judge for were injured, and the communities ards Act which set the minimum wage the District of Maine, shall be brought across the State that are now hard at was passed at the end of the Depres- to a close? work to pick up the pieces. sion, 1939, when we were still in the De- The yeas and nays are mandatory We are grateful for local officials, pression, and it was immediately to under the rules. weather forecasters, and first respond- give a raise in wages to hard-working The clerk will call the roll. ers who saved lives by getting the word Americans. That is what it did. The bill clerk called the roll. out that people should seek shelter Since that time, actually on both Mr. DURBIN. I announce that the from the storm. This is government at sides of the aisle, we have raised the its best, when State, local, and Federal Senator from Arkansas (Mr. PRYOR) is minimum wage a number of times. necessarily absent. forces, alongside the news media and This is just another step in making Mr. CORNYN. The following Senators private businesses, work together to sure that those at the bottom of the are necessarily absent: the Senator keep people out of harm’s way. There is economic ladder in America also get a no doubt this cooperation and commu- from Arkansas (Mr. BOOZMAN) and the hand up, to get help to make sure they nication saved hundreds of lives across Senator from Florida (Mr. RUBIO). too have a fair shot at the American The PRESIDING OFFICER. Are there the South yesterday. Both will be in- dream. any other Senators in the Chamber de- strumental in preparing for additional So that is what this minimum wage siring to vote? storms in the forecast today. bill is truly about. It is about core American values; the value that no one The yeas and nays resulted—yeas 63, Mississippians are known for being who works full time all year long nays 34, as follows: resilient in the wake of tragedy. We have overcome unprecedented chal- should live in poverty. That is what [Rollcall Vote No. 116 Ex.] lenges in the past, and we will do so this is about. YEAS—63 again. Nature’s wrath may be fierce The fact is the value of the minimum Ayotte Harkin Murkowski but the spirit of fellowship and perse- wage has eroded so much over the last Baldwin Heinrich Murphy few years that the minimum wage Begich Heitkamp Murray verance of my fellow Mississippians— Bennet Heller Nelson as well as all Americans—will move us right now is way below poverty. In Blumenthal Hirono Paul forward. other words, someone can work full Booker Hoeven Reed I thank the Chair. time every day, all year long, and they Boxer Isakson Reid are still in poverty. But they are work- Brown Johnson (SD) Rockefeller f Cantwell Kaine Sanders ing every day. That is not fair. The Cardin King Schatz RECESS American value system is one that if Carper Kirk Schumer The PRESIDING OFFICER. Under someone puts in their work and works Casey Klobuchar Shaheen Collins Landrieu Stabenow the previous order, the Senate stands hard, they ought not to be living in Coons Leahy Tester in recess until 2:15 p.m. poverty. Donnelly Levin Udall (CO) Thereupon, the Senate, at 12:58 p.m., Right now, tens of millions of Ameri- Durbin Manchin Udall (NM) recessed until 2:15 p.m. and reassem- cans are struggling just to keep a roof Feinstein Markey Walsh Flake McCaskill Warner bled when called to order by the Pre- over their heads, to pay the heating Franken Menendez Warren siding Officer (Ms. BALDWIN). bill, to find some money for an extra Gillibrand Merkley Whitehouse f pair of shoes for a growing child, even Hagan Mikulski Wyden getting money together to take the bus NAYS—34 MINIMUM WAGE FAIRNESS ACT— to work. Think about this: A minimum MOTION TO PROCEED—Continued Alexander Coburn Enzi wage worker’s paycheck has stayed the Barrasso Cochran Fischer The PRESIDING OFFICER. Under same since 2009. This chart illustrates Blunt Corker Graham the previous order, the time until 3:30 Burr Cornyn Grassley what has happened. Chambliss Crapo Hatch p.m. will be under the control of the If we go back to 2009, the minimum Coats Cruz Inhofe majority. wage has increased zero percent. But

VerDate Mar 15 2010 02:16 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.015 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2436 CONGRESSIONAL RECORD — SENATE April 29, 2014 look what has gone up: Electricity has If we increase the minimum wage for without a strong minimum wage and gone up 4.2 percent; rent, 7.3 percent; people in the community, they are not without a good, strong Wage and Hour auto repairs, 7.6 percent; food at home, running off to Paris, France, to spend Division at the Department of Labor to 8.8 percent. This is since 2009. Childcare the money. They are going to spend make sure people adhere to it—if we has gone up 11.7 percent. Mass transit, that money on Main Street, and that don’t have that, then there is always which is how people who make min- helps our small businesses. This is why someone a little worse off than you imum wage get back and forth to work, so many small businesses get it. They who will bid lower than you for that has gone up 17.8 percent since 2009. Yet understand that if we raise the min- job. their paycheck has not gone up. imum wage, that helps them. That So someone says: We will pay $7 an What does this chart tell us? This helps the local economy on Main hour. There is always somebody that tells us that people making minimum Street. just needs the job a little more, they wage are falling further and further be- The Economic Policy Institute esti- are desperate, and they say: I will take hind because these are things that low- mates that our minimum wage bill will it for $6 an hour. Then there are some income Americans have to spend put $35 billion in the hands of millions a little worse off than that who say: We money on: lights, rent, fixing up their of workers, and that money will be will take it for $5 an hour, and we get old car, food, childcare, and mass tran- spent on Main Street. It will pump an a downward spiral. sit. Look how much they have gone up. additional $22 billion into our GDP, That is why I say our American value Yet the minimum wage has stayed the supporting 85,000 new jobs as the raise is to have a strong minimum wage, same. That is why this is a value issue. is phased in over 3 years. whereby people who work hard—and When people who work hard and play There is another issue I think we some of these jobs are hard work. Peo- by the rules have to rely upon food need to address, and that is what hap- ple are on their feet 8 hours a day or stamps and food banks to feed their pens with low-wage workers and how they are doing some manual labor or children and the minimum wage has they do sustain themselves. They are they are doing the kind of jobs a lot of them trapped in poverty, it is unac- in poverty from the minimum wage. So people don’t do. Yet they live in pov- ceptable. It is un-American. It is not what do they rely on? They rely on erty. It is not right. Raising the min- what our Nation is about. food stamps, Medicaid or the Children’s imum wage is common sense that ad- So Americans deserve a raise. That is Health Insurance Program. They rely heres to our American values and gives why this bill raises it from $7.25 to upon the earned-income tax credit and everyone a fair shot at the American $10.10 an hour in three annual steps. It the Temporary Assistance for Needy dream. will link the minimum wage to the Families Program. That costs tax- I hope my colleagues will do the cost of living in the future. In other payers in America $243 billion a year. right thing and vote for cloture, allow words, we index it for the future so we Again, I am not saying that by in- us to get on the bill. We can have some don’t have this prospect that as other creasing the minimum wage we are amendments offered, and we can vote things increase in price, the minimum going to knock that down to zero. I to give working Americans a raise wage stays the same. It is time to can’t say that, but what I can say is after all these years. index it in the future. Our bill also provides for a raise for that a study was done just on food I yield the floor. The PRESIDING OFFICER. The Sen- tipped workers—the people who serve stamps, and if we raise the minimum ator from New Mexico. your food, push the wheelchairs at the wage, in the first year we will save $4.6 Mr. UDALL of New Mexico. Madam airports, and park cars. Every time I billion in taxpayers’ money because President, I rise to join my colleagues tell somebody this, they tell me I can’t people will now have enough money to to urge support for increasing the Fed- be right; I must be mistaken. I tell go out and buy their own food. They eral minimum wage. them the tipped wage today is $2.13 an will not rely on food stamps. Today’s minimum wage of $7.25 falls hour, and it has been that way since A lot of these other things will be cut short and working families are falling 1991. Not a 1-cent increase since 1991. back too, such as TANF and Medicaid behind. It hasn’t kept up with the ris- People find that hard to believe. It is or CHIP. I can’t say how much, but ing cost of everyday life. In fact, it is hard to believe, but it is very true. people understand that this is what we So our bill would increase tipped are paying as taxpayers to support a $2 less than it was in 1968, when ad- wages from $2.13 an hour up to 70 per- minimum wage below the poverty line. justed for inflation. A full-time worker cent of the minimum wage over a 6- Again, people understand how impor- earning the minimum wage in 2014 year period of time, the first increase tant this minimum wage is. That is makes less than someone did in 1968, in tipped wages in 23 years. why it is so broadly supported by such almost half a century ago. An increase in the minimum wage a cross-section of American people. Now, $7.25 may be just a number to benefits everyone. Twenty-eight mil- Here is a poll that has been done. A some but not for so many families in lion workers will get a raise—15 mil- USA Today and Pew Research Center my State struggling to get by. It lion are women, so over 50 percent of poll this year indicated that 73 percent means working two or three jobs just the increase—4 million African-Amer- of all voters support raising the min- to put food on the table or fill the gas ican workers; 7 million Hispanic work- imum wage to $10.10 an hour—90 per- tank or buy clothes for their children ers; and 7 million parents will get a cent Democrats, 71 percent Independ- and still not be able to climb out of raise. And we forget about this. How ents, and even 53 percent of Repub- poverty. about our kids? Fourteen million kids licans believe we ought to raise it to at Our Nation was founded on a basic will benefit from a minimum wage in- least $10.10 an hour. premise that no matter who you are, if crease. That means their families will So the American people get it. There you work hard, you can get ahead. You get an increase in the minimum wage. is overwhelming support for raising the can make a decent living. We haven’t This benefits the kids. So think about minimum wage. But I am just mys- always kept that promise. We have the the children in America. They are tified by how vehemently my Repub- opportunity to do so this week for mil- going to get a raise too. lican colleagues oppose this modest in- lions of hard-working men and women, Again, raising the minimum wage crease. I just don’t understand it. But young and old, who are paid the min- helps our families and it helps our what I hear is the same old outdated, imum wage. economy. This is why we had a press disproved arguments against giving Working Americans are not moving conference this morning with a group working Americans a raise. forward. They are falling behind. Year called Business for a Fair Minimum There are some on the other side who after year, paycheck by paycheck, they Wage. One thousand businesses across believe we should do away with the work just as hard, but they earn less the country representing every State minimum wage. There should be no and less. This is a disturbing trend, not in our Nation have signed on saying: minimum wage at all. Try that one on just for minimum wage workers but all Yes, we need to increase the minimum for size. Talk about a race to the bot- across the board. Worker productivity wage to at least $10.10 an hour. They tom. Four dollars an hour maybe? is rising pretty dramatically—69 per- understand and Main Street businesses Three dollars an hour? Two dollars an cent in the last 25 years—but real hour- understand this. hour? You see, I have always said that ly wages are not keeping pace, up 26.5

VerDate Mar 15 2010 01:24 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.019 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 29, 2014 CONGRESSIONAL RECORD — SENATE S2437 percent in the last 25 years. For the top Our country has debated raising the hour—the minimum wage—and who are 1 percent it couldn’t be better. Their minimum wage several times in the struggling to get by. I urge my col- share of earned income is the highest it past. Opponents always paint a very leagues to join me in voting to give has been since 1929. But the average gloomy picture, but we have been able these veterans a raise. worker has to run faster and faster just to get bipartisan agreement to do it. Making sure workers in New Hamp- to stay in place. Afterwards, families and the economy shire get a fair wage for an honest This is not the promise we made. have been better off, and the pessi- day’s work is something that I have fo- This is not the way to a better America mistic predictions haven’t come true. cused on since I was Governor. In 1997 for each generation, but this is the re- We need to build an economy that I signed a bill into law that boosted ality for too many workers in New works for everyone. Most Americans minimum wages for tipped workers in Mexico and across the Nation. They are believe it is time to increase the min- New Hampshire. Nearly 75 percent of living it every day. They get up, they imum wage because it is the right those tipped workers are women. As take care of their kids, and they go to thing to do, and it is the smart thing to was the case then, today we must act work. They may run faster, they may do. It is time to keep our Nation’s to raise the minimum wage to ensure work harder, but they cannot get promise to reward hard work. It is time that hard-working Americans get a fair ahead. for all families to have a fair chance at shot at success. I urge my colleagues to A full-time minimum wage worker the American dream. join me on both sides of the aisle in makes only $15,000 a year, well below I urge my colleagues to support in- supporting the fair minimum wage act. the $23,550 poverty line for a family of creasing the minimum wage. It is long Thank you, Madam President. four with two children. New Mexico has overdue for millions of working fami- The PRESIDING OFFICER. The Sen- too many families in poverty, working lies who continue to struggle, who con- ator from California. hard, doing their best but falling fur- tinue to wait, and who have waited Mrs. BOXER. Madam President, it is ther and further behind. This bill long enough. my honor to rise today to support this would give them a chance to build a I yield the floor, Madam President. very important bill, the Minimum better future for themselves and for The PRESIDING OFFICER. The Sen- Wage Fairness Act of 2014. I am very their children. ator from New Hampshire. proud of my colleagues who have just I have received many letters from my Mrs. SHAHEEN. Thank you, Madam spoken, and particularly, I want to say, constituents because they know how President. of Senator SHAHEEN who, as I under- important raising the minimum wage I came to the floor to join Senator stand it, is the only woman here in the is. Here is a letter from Kathryn from HARKIN, Senator UDALL, and Senator Senate who is both a former Governor Fruitland, NM. She says: ‘‘Morally, BOXER in supporting the increase in the and a Senator; is that correct? Mrs. SHAHEEN. It is. raising the minimum wage is the right minimum wage that would give 28 mil- Mrs. BOXER. When Senator SHAHEEN lion American workers a very long thing to do, because people working was a Governor she stood up for the overdue raise. full time deserve to live decently.’’ people, and as a Senator she certainly Barbara from Clovis, NM, told me: I know that the years since the eco- fights for her people. nomic collapse in 2008 have really been ‘‘There are so many people who work Part of this fight involves making hard for families in New Hampshire for minimum wage and have a des- sure that when you work hard and you perately hard time paying the bills.’’ and across the country. Although we work full time you don’t have to live in Liz from Albuquerque says: ‘‘I hope have seen CEO salaries rise, pay for poverty. It just isn’t fair. Remember you will do all in your power to assure working families has stagnated. While most of the people on the minimum that every working American will be the cost of food, transportation, and wage are adults. They are not children. assured of making a living wage, not childcare all continue to climb and They are not teenagers. They are just a ‘minimum’ wage.’’ families struggle to make ends meet, adults. So many of them are trying to Increasing the minimum wage helps the minimum wage for American work- raise their children in jobs at the min- families and helps the economy. It is ers has been stuck at $7.25 an hour imum wage level, and you don’t have one of the best things we can do to since 2009. At that rate a single mother to be a mathematician to know that kick-start New Mexico’s economy. It working full time in New Hampshire the current minimum wage leaves you means workers in New Mexico would does not earn enough to keep her fam- in poverty. So you have a full-time job, have over $200 million more to spend. It ily out of poverty. So let me just be you work your heart out, and you wind means boosting our State’s GDP by clear: Adults working full time cannot up in poverty. $127 million, helping local businesses support their families on the minimum I went back into my little memory and generating 500 new jobs. It means wage, and that needs to change. books, and I found my son’s first pay- moving forward, and it means that we The fair minimum wage act would in- check when he was working his way honor an important idea that folks re- crease the minimum wage to $10.10 through school. He went to a super- ceive a fair day’s pay for a hard day’s over 2 years. That would provide a market to work as a checkout clerk. work. That is the deal, and it is a big raise to nearly 20 percent of New He came into a store called Lucky deal. Let’s consider the alternative: Hampshire’s workforce and lift 10,000 Stores. They were a union store, so he When every year costs rise and the people in New Hampshire out of pov- joined the union. Do you know what minimum wage stays the same, that is erty. Nationwide, nearly one-third of that young man made in those years? like a pay cut for families that can all minimum wage workers are women In 1986, 28 years ago—it is right here— least afford it. over the age of 25. In New Hampshire 70 it was $7.41 an hour. Imagine. So he The bill before us increases the min- percent of minimum wage workers are was so proud he could work hard. When imum wage in three steps. Six months women. This effort is about these he came home, he was able to help pay after the bill is signed, it raises the women and the 34,000 children in the for his tuition and his books. minimum wage by less than $1. A year Granite State whose parents would We are talking about a minimum later it bumps up the minimum wage have a little more in their paychecks wage that is $10.10 an hour. Here is this by 95 cents, and two years after the each week if we increased the min- young man working as an entry level first increase, it would finally reach imum pay to $10.10. checkout clerk at a supermarket in $10.10, which is about where it would be I know that many critics claim that 1986 making over $7 an hour. This min- if it had kept up with inflation over the only teenagers hold those minimum imum wage has got to be raised. past 40 years. But this bill does more wage jobs but, sadly, that is just not We have the chart. If you put infla- than just give hard workers today the true. Teens make up only 12 percent of tion on the minimum wage as it was in chance to earn a decent wage. It also those who would get a raise if we 1968—just inflation—the minimum includes an important provision to boosted pay to $10.10 an hour. Min- wage would be $10.69 an hour. We are allow the minimum wage to continue imum wage workers are also veterans. not even going that far. We are saying to keep up with every-day costs so that The fair minimum wage act is about $10.10 an hour. So all we are suggesting future generations who are working giving a raise to the 4,500 New Hamp- is, make sure inflation is covered. That their way up can have a fair shot. shire veterans who now earn $7.25 an is all we are saying.

VerDate Mar 15 2010 01:24 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.021 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2438 CONGRESSIONAL RECORD — SENATE April 29, 2014 Increasing the minimum wage will work when they go to bed. But it takes 3 jobs and people said: What are you doing? give people a chance, a fair shot. Re- to make ends meet because of $7.25 an hour. You are raising wages? You could get member, most of the people on min- I am 43 and have over 20 years’ experience away with paying them—whatever it imum wage are adults. If you stop and make $7.25 an hour. was. someone on the street and ask who That is wrong. These parents work so He said: I am raising them because I they think is on the minimum wage, a hard and their kids are growing up want them to buy my car—the cars we lot of folks guess it is teenagers. No. with so little, and their parents look in make. By the way, most of those happen to be their children’s eyes and they suffer be- What we are going to hear on this women. cause they want to do more for their floor from our colleagues is that we are I am deeply disappointed and dis- children. going too fast, we are raising this too tressed that the Republicans are oppos- Economists project that this bill— much. I have already shown my col- ing this measure. Why do Republicans which I hope most or almost every leagues that we are raising it less than want to deny hard-working Americans Democrat will support—will raise the inflation, so that is baloney on its face. a raise? The country supports it over- wages of 28 million people in America. No. 2, they say: Oh, it is going to whelmingly. I don’t understand it be- All we need is a handful of Republicans hurt small business. cause in 2007, the last time we raised to join with us and we will get it done. I have already stated that 82 percent the minimum wage, it was bipartisan. By the way, if it were a majority rule, of small businesses already pay all of A huge majority of Senators then we would get it done. They are filibus- their employees more than the Federal agreed that a full day’s work deserved tering it. Let’s be clear. They not only minimum wage, and more than half of a fair paycheck. The minimum wage in oppose it; they are forcing us to get 60 them support raising it to $10.10 be- 2007 was during George W. Bush’s Presi- votes. cause they know people will spend dency. Let me say that again. For the Twenty percent of the children in money on their products and in their minimum wage in 2007, which was the America are counting on this, 14 mil- stores. last time we raised it, the increase lion children who would be lifted out of Then the next thing they are going passed 94 to 3, and George W. Bush poverty if we pass the Harkin bill. to say is it is a job-loser. They are signed it into law. What has changed in Then we have tipped workers. If I going to cite one study, which I call an the Republicans’ hearts? What has asked anyone on the street how much outlier, from CBO. It said the min- changed in the Republicans’ minds? tipped workers make, they would say imum wage would reduce employment Are they turning against the people? minimum wage. Most people don’t by three-tenths of 1 percent over the If you ask them they will say that it know what the Federal tipped min- next 2 years. When I heard that, I is just not fair to small businesses. imum wage is. I know the Presiding Of- thought, what is this about? I looked Well, more than 80 percent of small ficer has worked on this. It is $2.13 an at some other studies. A study by three businesses pay their people more than hour. Can my colleagues imagine? prominent labor economists from the the minimum wage. So come on. A ma- Again, $2.13 an hour is the tipped min- University of Massachusetts, the Uni- jority of small businesses support what imum wage. versity of North Carolina, and the Uni- we are trying to do. So don’t come on Many tipped workers live in poverty versity of California-Berkeley found the floor and say you are opposing it and instability. They don’t know if that minimum wage increases abso- because it is too much too soon. they will make enough to cover the lutely do not cause job losses. The Eco- Wrong. It is even lower than the infla- bills. nomic Policy Institute found that the tion rate, and secondly, regarding that We will hear that if we pay the full Harkin bill would increase employment small business doesn’t want it, in fact, minimum wage, it will be too hard on by 84,000 jobs and add $22 billion to our they do. the restaurant owners. In my State the economy over 21⁄2 years. Let me repeat Now before that was 1989. We raised tipped workers get the full minimum that. The Harkin bill would increase the minimum wage then, and it was 89 wage, and that wage is $8 an hour, employment by 84,000 jobs and add $22 to 8, and at that time it was George H. going up to $10, in California. So the billion to our economy. W. Bush. So wait a minute. What is tipped workers get the minimum wage But let’s look at history. We have to going on here? I don’t get this. It is not amount every hour. Guess what. Our really ask ourselves—these guys and about who is in the White House; it is restaurants are going gangbusters. And gals who are saying don’t raise the about the working people of this coun- guess what else. When a person does minimum wage because it will lose try. Where is the bipartisan spirit? It is well and has their minimum wage plus jobs—what if they said that going back gone, and America is paying a heavy their tips, they get to go out once in a through time and they prevailed? We price with the minimum wage stuck at while to a restaurant. They can go would never have raised the minimum $7.25 an hour and with inflation eating down to the corner store and get some- wage. I worked for the minimum wage away every day at it. thing for their children. a long time ago. At that time it was a Let me read you just two or three Sandra Samoa is a bartender in Chi- dollar an hour, and I earned 50 cents an stories about workers. Alicia McCrary, cago. She says if the bar is slow, she hour because I was a teenager. It was a single mom who testified in March might take home just $40 after an 8- great then. I earned 50 cents an hour. I before the Senate HELP Committee, hour shift. She lives with her mom and am looking at the young people here, struggles to support her sons with a her young son. This woman sleeps on and they are thinking, you must be minimum wage job in fast food. She the floor so her son can sleep in a bed. really old. They would be right. has trouble getting them haircuts, If we don’t represent people such as My point is that the minimum wage shoes, clothing, and other items that these, who the heck do we represent— was a buck an hour and it was raised kids need. She says: ‘‘My boys ask: the Koch brothers? They are worth bil- many times. Since 1989 the minimum Why isn’t there enough money? You lions. This woman comes home Sun- wage has been raised three times. It work, and you work really hard, days with $40 in her pocket, she sleeps was raised many times before that. Mom.’’ on the floor, and she says, ‘‘My whole There have been 18 increases since 1956. She said: ‘‘I don’t have a good answer plan is to have a room for him one So we can put that in our minds—18 in- other than I don’t get paid enough.’’ day.’’ creases in the minimum wage since She is right. She doesn’t get paid a So, listen, if we are who we are sup- 1956. Suppose the other side had taken fair minimum wage. posed to be—the representatives of the that attitude: Don’t raise it. Well, it NBC News ran a story of a man who people and working families—then we would still be, I guess, a buck an hour, works three jobs. Two of them are want to make sure we raise the min- 50 cents if you are a kid. Today ‘‘50 overnight—he works three jobs—two of imum wage. It helps everybody, includ- Cent’’ is a singing group, right? them are overnight jobs for minimum ing those in business. That is why most We have raised the minimum wage wage. He said: small businesses support this. over and over again. What has hap- I have four young children. They need a We know the great story of Henry pened? The economy has added mil- dad around. That is why I work a day job Ford, who raised the day rate of his lions of jobs. Since 1956 it has added 80 when they are in school and then go back to workers way back in the olden days, million. Since 1956, we have raised the

VerDate Mar 15 2010 02:20 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.023 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 29, 2014 CONGRESSIONAL RECORD — SENATE S2439 minimum wage 18 times and we have Since that time big banks on Wall payers $4.6 billion from reduced nutri- created 80 million new jobs. So if any- Street drove our economy into a ditch. tion assistance payments in 1 year body says this is a job-killer, I just say, We faced a financial sector meltdown alone. read the history books. and were confronted with the worst re- I believe we need to build a fairer Americans support raising the min- cession since the Great Depression. economy and grow the middle class imum wage. I hope my colleagues are Hard-working Americans lost jobs. from the bottom up. And I believe our listening. The American people know They lost their homes. They lost their economy is strongest when we expand $7.25 an hour is not enough. A Wall retirement savings. Hard-working fam- opportunity for everyone, when every- Street Journal/NBC poll found that 63 ilies paid a steep price for the reckless one gets a fair shot. percent of Americans support raising actions of others when all they ever I am proud to join my colleagues the minimum wage to $10.10 an hour. asked for was that their hard work be here today and tomorrow to deliver a Let me say that again. Sixty-three per- rewarded. call for action. It is simple. The time is cent of Americans support raising the Today people are working as hard as now to give hard-working Americans a minimum wage to $10.10 an hour. ever. Many are working full time. raise. We can do that if both parties All we need is a handful of Repub- Many are working two jobs just to work together to reward hard work so licans. If they are listening to me, I make ends meet; they deserve to get that an honest day’s work pays more. hope they heard some of my argu- ahead. Yet far too many are barely get- I yield the floor. ments. No. 1, it is good for business to ting by or living in poverty. The PRESIDING OFFICER. The Sen- raise the minimum wage because peo- Middle-class incomes have flat-lined ator from Minnesota. ple have more to spend. No. 2, history and income inequality in the United Ms. KLOBUCHAR. Mr. President, I has shown that we have raised the min- States is at a record high. And, today, rise today to speak about the impor- imum wage over and over again and we a full-time minimum-wage worker tance of raising the minimum wage. People truly deserve a fair shot at have created 80 million jobs. No. 3, earns only $15,080 per year. the American dream, and it is time to most of the people earning minimum The sad reality is the minimum wage come together to raise the minimum wage are adults, and most of those are is not high enough to keep full-time wage. women, and people are trying to raise workers out of poverty. That is simply wrong, and it is our job to work to- Our State just raised the minimum their families on the minimum wage. wage. We actually had one of the low- The last point is that we have always gether to change it because in America est minimum wages in the country— had strong bipartisan support. When no one who works hard full time should $6.15 per hour—and we are now at $9.50 George W. signed it into law, there was have to live in poverty. per hour. So that was a major jump up. strong support from the Republicans. I am here today to urge my col- It was something that was needed, and When his dad was in office, there was leagues to help lift nearly 2 million it had a lot of support in the State of strong support. I can’t believe the Re- people—2 million of their fellow Ameri- Minnesota, a State that has a very publican Party has turned its back on cans—out of poverty. I am here today to urge my col- strong economy, with an unemploy- working people, but if they have, we leagues to support the Minimum Wage ment rate of only 4.8 percent. But even will find out tomorrow. The American Fairness Act and give 28 million hard- when they have jobs people still have people know what this is about. The American dream is within reach, working Americans the raise they have found it very hard to afford basic but we have to have fairness out there. earned. things or to send their kids to college. Some opponents of this bill have dis- We should follow Minnesota’s exam- People need a fair shot. We shouldn’t missed this effort as nothing more than ple. We should raise the Federal min- tell someone who is a dad that he has raising the wages of teenagers who are imum wage to $10.10 per hour. to work three jobs. That is wrong. We simply working in the summer months. I am a cosponsor of the Minimum need to lift up these workers and not Well, that simply is no longer true. In Wage Fairness Act. I want to thank let them fall behind. Senator HARKIN for his leadership on When workers do better, families do fact, it never was true. Eighty-eight percent of minimum- this issue and his dedication to the better. When parents buy their kids wage workers are adults age 20 or working families of America. enough to eat and shoes to wear, when older, and the average age of a min- I also want to thank Senator they can go get a haircut at the local imum-wage worker in America is 35 MERKLEY and all of my colleagues who barber, when they can put gas in their years old. More than half of minimum- have worked tirelessly to raise the car and fix up their house just a little, wage workers are women. These are minimum wage. everybody does better. The community Americans who are working hard to get As the Senate chair of the Joint Eco- does better. Businesses do better. Fam- ahead, and they deserve to have us nomic Committee, I held a hearing on ilies can walk tall when we reward working together to help give them a income inequality earlier this year hard work. When our workers earn a fair shot. with former Secretary of Labor Robert fair wage, our economy is stronger and Raising the minimum wage is not Reich. His data showed—and this is a our country is better. So let’s give just the right thing to do to reward number I will never forget—that the American working families a fair shot. hard work; it can certainly boost our top 400 people in this country—the top We are not asking for the Moon and the economy because studies show that 400 people—have the same amount of Sun and the stars. All we want is just minimum-wage workers spend the wealth as the bottom 50 percent of a little light at the end of the tunnel. extra dollars they earn on basics such Americans. This means that half of Thank you. I note the absence of a quorum. as food and clothing at businesses right Americans—of everyone in this coun- The PRESIDING OFFICER. The in their home communities. try—have the same amount of wealth clerk will call the roll. For someone earning $7.25 an hour as the top 400 people. The assistant bill clerk proceeded to and working full time, raising the min- So how do we address this? We know call the roll. imum wage to $10.10 puts an extra there are a lot of things we need to do: Ms. BALDWIN. Mr. President, I ask $5,700 into their pockets. That $5,700 training people who do not have the unanimous consent that the order for provides groceries for a year or utili- jobs and do not have the skills right the quorum call be rescinded. ties for a year, money to spend on gas now, increasing exports, immigration The PRESIDING OFFICER (Mr. and clothing for a year, or 6 months of reform—there are all kinds of things MANCHIN). Without objection, it is so housing—fueling our local economies we can do. But we know one major ordered. at a time when our recovery continues thing we can do to help an individual Ms. BALDWIN. Mr. President, nearly to limp along. family have a fair shot is to increase 7 years ago both parties worked to- Raising the minimum wage would lift the minimum wage. gether to pass bipartisan legislation 2 million hard-working people out of Like many of my colleagues who that raised the minimum wage. Nine- poverty. Passing this legislation would have spoken today, I worked my fair teen of my Republican colleagues, with mean that more hard-working Ameri- share of minimum-wage jobs. I started whom I serve in the Senate today, cans will be able to provide for their as a carhop at the A&W Root Beer voted for that bipartisan legislation, families without the help of govern- stand in Wayzata, MN. I then grad- and Republican President George W. ment programs such as SNAP, other- uated to being a waitress, for about 3 Bush signed it into law on May 25, 2007. wise known as food stamps, saving tax- years, at Bakers Square pie shop,

VerDate Mar 15 2010 02:20 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.024 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2440 CONGRESSIONAL RECORD — SENATE April 29, 2014 where I once spilled 12 iced teas on 1 I released a Joint Economic Com- join me today. We need to be focused customer. That is when I decided to go mittee report on Earnings, Income and on doing better so we all do better. to law school. But I worked those jobs, Retirement Security for Women. One With this in mind, I urge my col- and it gave me a sense of what it was striking thing we saw in this report is leagues to join me in fighting for work- like for some of the people I worked that a woman’s lower lifetime earnings ing families, and especially the work- with—that this was their job, this was means lower retirement security. So ing women of this country, to give their job cutting pies, this was their this is more than about today’s wages. them a fair shot and pass a long over- job washing dishes. This was how they This is about an entire lifespan. due minimum-wage increase. supported themselves. It gave me a Women live longer. If they are making Thank you. sense of how important it is to look less, if their minimum wage does not I yield the floor. out for those people who are doing the allow them to save for retirement, it is The PRESIDING OFFICER. The Sen- work we depend on every single day. even tougher for them in their golden ator from Washington. Think of how this affects women. years. Mrs. MURRAY. Mr. President, I Two-thirds of today’s families rely on There is also a strong economic case thank the Senator from Minnesota for the mother’s income in some way. for raising the minimum wage today. her really important statement. I come Mothers are the primary breadwinners Low-wage workers would see their here today to join her and talk about in more than one-third of families. Yet earnings increase by $31 billion if we this one small idea that stands for a we also know that women make up raise the minimum wage. And we know huge difference in the lives of all of our nearly two-thirds of all the workers what they are going to do with this. constituents and, as she pointed out, who earn the minimum wage or less. They are going to try to save a little of for women in particular; that is, of An example of this is a waitress it, but they are going to spend it. They course, the idea that if you are putting named Tiffany from Houston, TX, who are going to spend it in Washington in 40 or 50 or 60 hours of work per week, recently came to Washington. We did State. They are going to spend it in you are able to put food on the table an event together and answered ques- West Virginia. They are going to spend and pay your bills and you will not be tions. Her story is the story of so many it on clothes for their kids, on food for stuck below the poverty line. American women across this country. their families, and filling up their gas This idea could change the lives of She is a single mom. She loves her tanks. They are going to help keep the millions of Americans if Congress sim- daughter so much. She is working as a economy going. ply acted and raised the minimum waitress, and many times, with the I once saw a documentary that Rob- wage. But we have to act now because way the laws work down in Texas, she ert Reich did where he talked to a right now one in four women in our does not make many tips in one night. major CEO with tons of money. He workforce is making the minimum So what does she do? She fills in by took him into his room, and he said: wage. That is 15 million American working on holidays. She has worked OK. I only have three pairs of jeans. women who are making the equivalent many Christmas Eves. She has missed How can you really have more than of about two gallons of gas per hour. every single Halloween with her daugh- three pairs of jeans? Maybe you could Are we prepared to tell them that ter because it was a good night to be have four, but you really don’t need should be enough to support them- working at the bar at the restaurant. more than that. selves and their kids? In fact, as we She has missed all kinds of other holi- His point was this: If we want to have have heard several times now here in days, and she went through them, as an economy that works, we cannot this Chamber, nearly two-thirds of we stood there. have all of the profits and money those who earn the minimum wage or You think to yourself: Sometimes, sucked up by the people who run less are women. This is coming at a especially when you first start off, that things. We want them to be rewarded time when more and more women are happens. I have had it happen. But it for their work, but they can only buy depended upon as the sole income earn- should not keep happening after you so many jeans. ers in American families. have worked years and years at the If you have that money go fairly Right now, in cities and towns across same place. But it is just one example across the spectrum, then everyone America, there are millions of those of what our minimum-wage workers gets to buy their pair of jeans. What we women who are getting up at the crack have to do to try to make ends meet. are doing is literally cutting down our of dawn for work every day who are They have to work another job. They markets by not making sure—in a con- stuck living in poverty, who cannot have to work a holiday. They have to sumer-driven economy, where 70 per- save for a car, much less a house. They work another shift. That goes on every cent of our economy is consumer driv- cannot pay for school to get new skills single day in America. en, we are putting ourselves in a situa- and a new job, and they cannot even af- A woman working full time in a min- tion where people are not able to buy ford to provide their children with imum-wage job only makes about things. warm winter clothes or basic medical $15,000 per year, which is not enough We also know that raising the min- care. for her to work her way out of poverty. imum wage is good for business. We Unfortunately, this also comes at a It is not enough for her to send herself know that raising the minimum wage time now when we are seeing CEO sala- or her kids to college. A full-time job to $10.10 per hour could help approxi- ries skyrocketing across the country, should not mean full-time poverty. mately 28 million workers, with almost all while America’s minimum wage Today, more than 15 million women half of the benefits going to households stays flat. In 2013, the average S&P in America are counting on us to help with incomes below $35,000 per year. CEO earned $11.7 million. That is 21 them get a fairer wage. Many of them, We know that more than 15 million percent more than they earned in as I noted, are working in demanding women would receive a raise. We know 2009—21 percent—and 630 percent more retail and hospitality jobs—as wait- that $31 billion would be added to our in real value than in 1983—630 percent resses, store clerks, hotel maids— economy. We know that seven Nobel more. where they are on their feet and they laureates in economics, along with Unbelievably, this means that the av- are running all day. They may not be over 600 economists, support raising erage CEO today earns more before able to come here today and sit in the the minimum wage to restore the value lunchtime on his first day of work than gallery and say: Hey, I need a raise. So that has been lost to inflation over the a minimum-wage worker earns all we have to be their voices. We have to years. The minimum wage is now a year. That is not how it is supposed to talk for them today. third of the value of what it was in work in America, the country where Despite their hard work, they have 1968. you are told if you work hard and you an almost impossible time making It was the beloved late Paul play by the rules, you can get ahead. ends met. They struggle to afford the Wellstone of my State who famously So when we talk about the minimum basics—a decent place to live or food said: ‘‘We all do better when we all do wage, let’s be clear: Raising the min- for their family, never mind being able better.’’ If he were here today, that is imum wage is about bringing back our to save for a rainy day or for college or what he would be saying. I know it is middle class. I am proud that in my for their own retirement. still true, and so do my colleagues who State we are taking the lead. In my

VerDate Mar 15 2010 02:18 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.025 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 29, 2014 CONGRESSIONAL RECORD — SENATE S2441 home State of Washington, our work- there is climate change, that the Earth cause Florida sits on a porous sub- force enjoys the highest minimum is warming up. strate of limestone. It is like Swiss wage in the country. I wish to point I think as we look at the science, we cheese. This is why people say: Well, out to our friends on the other side of will clearly understand the greenhouse why do you not do what the Dutch did? the aisle, Washington State’s economy effect is occurring. The more we put The Dutch built dikes. They are under has not been negatively impacted by gases into the atmosphere by human sea level; New Orleans, the same thing, our high minimum wage. In fact, our action such as carbon dioxide, the more dikes and canals. Under sea level. You economy has benefited from a high the Sun’s rays come in and reflect upon cannot do that in Florida, because with minimum wage. Job growth has contin- the Earth’s surface and would natu- the porous limestone supporting the ued at a rate above the national aver- rally radiate out into space. The fact earth, the land, what happens is the age. Payrolls in our restaurants and in is, as the Earth’s surface reflects the rise in tides causes more pressure, and our bars have expanded because more Sun’s rays back out into space, which it causes the saltwater to start to in- people have more money in their pock- is what Mother Nature intended, keep- vade this honeycomb of limestone that ets to spend out at dinner at night or ing the delicate balance of the tem- supports the land of Florida and there on the weekend. Poverty in Wash- perature of the Earth, what happens you get saltwater intrusion. ington State has trailed the national when we put greenhouse gases such as With the rising tides and rising sea level for at least 7 years. CO2 into the atmosphere, a shield or levels, that water also starts coming It is not just in Washington State blanket, the effect of a greenhouse oc- into the drainage systems that keep that we are seeing those successes. In curs. Florida dry. That is happening now in fact, this week the Center for Eco- As they reflect back out, they are Miami Beach at high tide. We had it nomic and Policy Research reported trapped—the Sun’s rays, the heat from last time in October in the seasonal that of the 13 States that increased them—and it continues to warm up the high tides. We are going to have it their minimum wage in early 2014, 11 of Earth. Thus, we have the greenhouse again in the high tides coming this Oc- them have seen a gain in employment effect. tober. So naturally this is going to since then, and half of the 10 fastest One of the consequences of the green- cause a considerable extra expense growing States by employment were house effect is that the icecaps in since you cannot build a dike for the among this group of minimum-wage Greenland to the north and Antarctica local government, the State govern- raisers. to the south are melting. This causes ment, and the Federal Government to This is just one of many reasons why the sea level to rise. keep people dry. I am happy to say the I strongly support increasing the na- Another effect of the greenhouse ef- local governments of South Florida tional minimum wage to $10.10. It is fect is that as the Earth’s temperature have all banded together and you are not going to make anyone rich, but for rises, most of the surface of the planet seeing them speak with one voice as the 400,000 Washington residents who is covered with seawater. Therefore, they have, for example, not competing would be directly impacted, it would the water absorbs that heat. That for a grant from the Federal Govern- mean an average annual raise of ap- causes additional effects such as the in- ment but instead they have banded to- proximately $375. That is no small tensity, the frequency, the ferocity of gether and supported the grant applica- amount for the over 48,000 in my State storms that fuel the storm surge and tion for the city of Miami which is the who would be lifted out of poverty with power from the surface water they con- first ground zero, in order for Miami to an increase in the minimum wage. sume. try to attack its problem. But we have to do more. In fact, Having said all of that, then, what There is an economic consequence to today two-thirds of our families rely on are we seeing as a consequence? As I this as well, as we had someone from income from both parents. Thanks to said in my opening, if you live along the Miami-Dade convention bureau our outdated Tax Code, a woman who the southeastern coast of the United come and point out. I can sum it up as is thinking about reentering the work- States, you know that seas are rising. I did during the hearing: No beach, no force as the second earner may face The commerce committee, under the bucks. Florida is blessed since we have higher tax rates than her husband. blessing of our chairman, Senator more coastline than any other State That is unfair and it has got to change. ROCKEFELLER, just held a hearing in save for Alaska, and we certainly have So last month I introduced the 21st ground zero. Ground zero is Miami more beach than any other State. Flor- Century Worker Tax Cut Act, which Beach, FL. ida is blessed with these beautiful would help solve that problem by giv- One of the people to testify was a beaches that people from all over the ing struggling two-earner families with NASA scientist, a Ph.D., who happens world want to come and enjoy. children a tax deduction on the second to be a three-time shuttle astronaut. No beach, no bucks. It is going to earner’s income. He testified in front of the com- have a huge economic consequence, not My hope is that tomorrow here in the mittee—not predictions, not forecasts, only in the cost of government to try Senate we can come together on behalf he testified what are the actual meas- to hold back the water but also in lost of the millions of Americans who, like urements of the rise of the sea level business. my own mother when I was growing up, over the course of the last half cen- I will conclude my remarks by saying are the sole breadwinner and caregiver tury. That rise is anywhere from 5 to 8 not the measurements, 5 to 8 inches. in their family. I hope our colleagues inches along the southeastern coast. That has already been done. That has have gotten a sense of how $7.25 an The effects of that are being felt in happened, 5 to 8 inches of sea level rise hour translates to a grocery trip for a southern Florida. For instance, it is the last 50 years. family of four or to shopping for school now a normal occurrence at high tide Now the forecast. The forecast in the supplies or even how it impacts making that we are finding parts of Miami scientific community—and we had one the daily commute. Beach are, in fact, flooded. The actual of the scientists from one of the State That is why all of us are here today, beach itself and the dunes are higher universities testify, along with the this afternoon, to give that mom or than some of the land as it progresses NASA scientist, is that it is going to be that dad a fair shot at succeeding in away from the ocean and the barrier is- upwards of a foot within the next 20 to America. land of Miami Beach becomes lower. 30 years. By the end of this century, we I yield the floor. There is a major north-south thor- are talking 2 to 3 feet. The PRESIDING OFFICER. The Sen- oughfare called Alton Road on Miami Let me tell you what that means for ator from Florida. Beach. At high tide, it is frequent that the State of Florida. The State of Flor- CLIMATE CHANGE Alton Road floods. What we are expect- ida this year will surpass New York in Mr. NELSON. Mr. President, if you ing in seasonal high tides coming this population as the third largest State, live along the southeastern coast of the October, just as they were last October, moving on toward 20 million people, United States, you know the sea level is we will see maybe up to a foot of and 75 percent of that population is on is rising. We have a lot of people who water in Alton Road. the coast of Florida. The east coast, would question the reason for this rise Why does this occur if it is not flood- the west coast, which is the gulf coast, of the sea level. Some people deny ing over the dunes by the beach? Be- is 75 percent of our population. If we

VerDate Mar 15 2010 02:18 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.027 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2442 CONGRESSIONAL RECORD — SENATE April 29, 2014 don’t turn this back 2 to 3 feet by the It concludes with these last few project—not only has the President not end of this century, that 75 percent of words: made a decision, with Congress on our population will, in fact, be under- South Florida owes Senator Nelson its record supporting the project, but, in water. thanks for shining a bright light on this fact, a little over 1 week ago on Good We are trying to get insurance com- issue. Everyone from local residents to elect- Friday, on the afternoon of Good Fri- panies interested. We had a major rein- ed officials should follow his lead, turning day, when he figured nobody was pay- surer testify that although insurance awareness of this major environmental issue ing any attention, the President came policies are set—property and casualty into action. It is critical to saving our re- out and basically put out a statement gion. policy premiums—in 1- to 3-year incre- If we don’t, we’ll soon have water—not and said that not only has he not made ments, over the course of time that is sand—in our shoes. a decision but he is not going to make certainly going to change. a decision, that on the basis of litiga- I yield the floor. I conclude my remarks by compli- tion he is going to postpone the deci- The PRESIDING OFFICER. Under menting the next Senator who is going sion indefinitely. the previous order, the time until 4:45 to speak. SHELDON WHITEHOUSE of So we are in year 6, having met all of Rhode Island has been our conscience. p.m. today will be under the control of the requirements on numerous occa- the Republicans. He and Senator BARBARA BOXER have sions on a project that will provide en- been ringing the bell on this issue for The Senator from North Dakota. ergy and jobs, that will help with na- months and for years in trying to get KEYSTONE XL PIPELINE tional security by reducing our depend- people to pay attention to what is hap- Mr. HOEVEN. I rise to discuss the ence on oil from the Middle East, a pening. Keystone XL Pipeline project. I will be project that his own Department of I want Senator WHITEHOUSE to share joined by a number of my colleagues, State, after environmental impact what he has done over his Easter vaca- whom I will thank at the beginning for statement after environmental impact tion in trying to bring attention to joining me. They will come today with statement, has come back and said will this subject. the same message that I have; that is, create no significant environmental At the end of the day, we have to do the Keystone XL Pipeline project, the impact, will create 42,000 jobs, and will something about it, and that means we project that has now been under review help us get energy and not only move are going to have to be very sensitive by this administration for more than 5 energy from States such as North Da- about all the stuff that not only we, years—we are now in year 6. We are on kota and Montana in our country to the United States of America, are put- the floor of the Senate asking for, the refineries safely but also bring in ting into the air and creating that quite simply, a vote to approve the oil from Canada to our country so we shield, that greenhouse effect, but we Keystone XL Pipeline project. I have don’t have to import it from the Middle are going to have to get other coun- put legislation in on a number of occa- East. tries that are polluting even more than sions. In 2012 we approved a time limit The President says: Well, we are in we are to do the same. for the President to make a decision. I year 6, but I am going to postpone this Senator WHITEHOUSE, I thank you for believe that bill got on the order of 73 decision indefinitely. what you have done as you share your votes—strong bipartisan support. We Here we are. We have a bill I intro- story with us. You have done a coura- attached it to the payroll tax holiday, duced some time ago. We have 27 co- geous act of patriotism in bringing at- and it said that the President had to sponsors on the bill, both parties. What tention to this dramatic issue. make a decision on the Keystone XL the bill does, it approves the Keystone The PRESIDING OFFICER. The Sen- Pipeline within 90 days. He did. He XL Pipeline project congressionally. ator from Rhode Island. turned it down, and he turned it down Instead of continuing to wait after 6 Mr. WHITEHOUSE. I understand the on the basis of the routing in Ne- years and now the President’s an- time is controlled now by the Repub- braska. nouncement that he is going to delay licans. When Senator HOEVEN arrives, I So not only did the State of Ne- the decision indefinitely, passing this will yield the floor to him. But in the braska go through an incredible bill would approve the project congres- meantime, I thank Senator NELSON for amount of work, but the State Depart- sionally. his leadership in this area. ment and others went back to work, The way that works is that under the Let the record reflect that although did a whole new environmental impact foreign commerce clause in the Con- Rhode Island may call itself the Ocean statement after Nebraska had rerouted stitution, Congress has the authority State, Florida has its fair share of the pipeline, which was approved by to approve this project. They have that authority under Congress’s ability to coastline as well. The effects on Flor- both its legislature and its Governor, oversee foreign commerce, commerce ida’s coast are really very significant. and came forward with a new route and with other nations. We know that be- Because time is short and because I a new environmental impact state- cause we took time to research it. We see Senator HOEVEN has arrived and be- ment. That was right at the beginning had the Congressional Research Serv- cause Senator NELSON is a modest indi- of 2012. ice do the research for us, and they say vidual who would not want to brag on So we set a timeline for the Presi- this is a constitutional authority of himself, let me say one thing and then dent to make a decision. He made the the Congress. I will come back later and discuss my decision and he turned down the Easter southern climate tour at great- We have provided that bill. The bill project, but we addressed the concerns has been filed. As I said, we have 27 er length. he raised. They were fully addressed. The Miami Herald is a very signifi- sponsors, and now it is time to vote. Then later we also offered a resolu- We have been holding off on having a cant newspaper in Florida, and it at- tion of support putting the Senate on tended and reacted to the Commerce vote because the President said: You record in support of the project. That know, we are going to go through the Committee hearing Senator NELSON led was attached to the budget resolution in his home State. I want to read from process—or he is going to go through at the beginning of 2013. We came back the process and he is going to honor two short sections that opened by say- the next year, and on that occasion the ing: the process. Senate, with 62 votes, said: Hey, we The environmental—actually, the For South Floridians, the topics of climate support the project. Here is a resolu- change and rising sea levels are no longer to fourth and supposedly final environ- be dismissed as tree-hugger mumbo-jumbo. tion in support of the project stating mental impact statement came out at Pause next time you hear that parts of that it is, in fact, in the national inter- the end of January. There was a 90-day Miami Beach or the intersection of A1A and est and ought to be approved. comment period after that, which was Las Olas Boulevard have flooded because of Since then the President has done to expire the first part of May. The ex- . . . high tides? nothing. Well, that is not quite right. pectation was that now that the proc- Let the light go off atop your head: It’s Not only has he not made a decision ess at that point—once the process was science, stupid. On Tuesday, Florida Democratic U.S. Sen- now—and we are in the sixth year after exhausted, the President would, in ator Bill Nelson brought illumination to four environmental impact statements, fact, render the long-awaited decision. Miami Beach—Ground Zero for our unique all of which said there is no significant But, as I say, on Good Friday, a little coastal battle with Mother Nature. environmental impact created by the over 1 week ago, he came out and said:

VerDate Mar 15 2010 02:45 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.039 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 29, 2014 CONGRESSIONAL RECORD — SENATE S2443 No, no decision. Furthermore, he is not your statement. There is no question While the larger energy discussion going to make a decision, and that that this is in the national interest— regarding situations unfolding around delay is indefinite. So clearly the ad- absolutely none. the world are focused mostly on LNG, ministration opposes the project and I rise today to join my fellow Repub- Russia’s influence goes well beyond they are going to defeat it with delay. lican colleagues and then to extend the natural gas. We should understand They are going to defeat it with end- arm of cooperation to our friends that. Just look at our own data pro- less delays. There is no amount of proc- across the aisle. duced by the Energy Information Ad- ess that will ever be adequate for the I want to express my deep disappoint- ministration, which shows that Russia administration. They will continue to ment in this administration’s repeated is second only to Saudi Arabia in ex- delay this decision, thinking that at delay of the final approval of the Key- ports of oil. some point it will go away, and so they stone Pipeline. I hope that what the So this is our opportunity from a na- defeat the project through one delay Senator has indicated will come true, tional security standpoint to send an after another. That is why it is time to that if in fact it is the wish of the ma- important message that the time of vote. jority leader to at least bring up an en- despotic governments wishing to wield In a recent poll that was released last ergy bill—and I hope he would not power by controlling the flow of energy week, 70 percent of the American peo- limit it, I hope he would allow amend- is coming to an end. Let’s allow this ple want this project approved—70 per- ments to it—then with the support we project to be the first step in hopefully cent. That was a Rasmussen poll. have within the Congress we could get many more toward showing we are se- The President is trying to defeat the going on something that is truly a jobs rious as a government about achieving project through delays in order to ap- act as well as providing for the na- North American energy security. pease special interest groups while the tional security. Again, this project has been re- American people very much want this The irony should not be lost on any- viewed, as has been noted by my distin- project approved. It is Congress’s re- one that while those on the other side guished friend, for over 5 years, with sponsibility to take a stand. It is long continue messaging and messaging and five environmental impact statements past time to vote. talking about supposed government so- concluding it is safe. This project At this point, I am making some re- lutions to our high national unemploy- makes sense economically, environ- visions to the legislation to update it ment rate—including emergency unem- mentally, and from a national security for the final environmental impact ployment insurance, income inequal- perspective. What does not make sense statement. We are working to get ity, minimum wage—we have a project is yet another treading-water non-deci- every single Republican Member of this right before us waiting for approval sion, another delay beyond the fall body on board, which I believe we will that would create tens of thousands of elections. With regard to our national do, and as many Democratic Members jobs and all without using one dime of energy policy, it is long overdue for the as possible. We are pushing as hard as taxpayer money. If you want an actual United States to lead by leading. we can to get a vote. It is time for the solution to unemployment, here it is: Mr. President, approve the pipeline. Senate to stand, exercise its responsi- Provide eager Americans with full- To the majority leader: Let us have bility, and vote. time jobs making well over the na- an amendment—if, in fact, we do go on Now the Senate majority leader is tional minimum wage. That is a jobs to consider energy legislation this looking at moving to energy legisla- package. work period—that will be in the best tion, energy efficiency legislation. Regarding the pipeline’s environ- interest of every State in the Union, That is good. Let’s go there. Let’s have mental soundness, the Senator has every American, for our national secu- the debate. Let’s offer amendments. been absolutely correct. Just last June rity, and our overall energy policy. Let’s have votes. Let’s do the work of the President indicated he would not I thank my colleague again for his the people that this body is elected to grant final approval of the Keystone leadership. I really appreciate it. do. XL Pipeline if it would exacerbate car- The PRESIDING OFFICER. The Sen- As part of that, we are going to re- bon emissions. The good news is this, ator from North Dakota. quire a vote on the Keystone XL Pipe- Mr. President: The State Department Mr. HOEVEN. I wish to thank the line, a vote to approve it congression- has already indicated that the con- distinguished Senator from Kansas for ally, and everybody can decide where struction of the pipeline will have no his words today and for his support of they stand. But this is a project which measurable impact—none—on increas- this important project. is long overdue. It is time to vote, and ing global carbon emissions. So from I would also like to turn to the dis- it is time to vote on congressional ap- an economic standpoint, it is a no- tinguished Senator from Iowa, some- proval. That is our message today, and brainer, and from the scientific conclu- body who truly believes we should have that is going to continue to be our sions reached by this administration’s an ‘‘all of the above’’ energy approach message as we work on energy legisla- own State Department regarding the but one that means actually doing— tion. environmental soundness of the not only producing from our tradi- I am very pleased to have other Mem- project, it is a no-brainer. tional sources of fossil fuels but also bers who have agreed to come join this At the end of the day, the Canadian our renewable sources. He is someone discussion. I turn to the good Senator oil sands are going to be developed. who also understands that if we are from Kansas, the senior Senator from That is a fact. The real question is, truly going to have an ‘‘all of the Kansas, somebody who has been in this Will that oil be shipped overseas? Will above’’ energy plan in this country and body for a long time, who has seen it be transported to the United States do it, not just talk about it, we need these issues, and who understands the by rail or will it travel by pipeline? In the infrastructure to make it happen. responsibility we have to vote on be- fact, transporting oil via pipeline is the So I turn to the good Senator from half of these issues, to take a stand for most environmentally sound way to do Iowa and ask him: Isn’t this the vital the American people. it. infrastructure this country needs in I yield to the senior Senator from Lastly—and this plays into the larger order to truly have an ‘‘all of the Kansas, a State through which this discussion we are having about the es- above’’ energy plan that works? pipeline passes, and ask him does he calating issues with regard to the Mid- The PRESIDING OFFICER. The Sen- perceive that this project is in the na- dle East, Ukraine, and Russia reverting ator from Iowa. tional interest. again to a growling bear—why not send Mr. GRASSLEY. It is a jobs bill, it is The PRESIDING OFFICER. The Sen- a strong message to the rest of the an energy bill, it is a national security ator from Kansas. world—most especially to Russia—that issue, and it sends the message around Mr. ROBERTS. Thank you, Mr. we are serious about energy security? the world that we are not going to be President. At last, at last, energy security; that dependent upon the rest of the world I would be more than happy to re- we will work with our friends in Can- for our energy. It is all those things spond to my good friend and colleague. ada to start challenging nationally run and probably a lot more, and I thank Thank you for your leadership, thank oil cartels as to who can supply our the Senator from North Dakota for you for your bill, and thank you for friends with needed energy. putting this afternoon together and

VerDate Mar 15 2010 02:18 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.040 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2444 CONGRESSIONAL RECORD — SENATE April 29, 2014 also, over a long period of time, being available for Americans. That number than Venezuela or unstable parts of the a spokesman for the Keystone XL Pipe- is the unemployed. The labor force par- Middle East, where they will take our line not only here in the Senate, but I ticipation rate remains near a 35-year money and probably use it to train peo- have seen the Senator on Sunday news low, at 63.2 percent. If the labor force ple who want to kill Americans. I rep- shows speaking to the entire Nation participation rate were the same as resent Iowans who actually know that about the value of the Keystone XL when President Obama took office, the this oil will be developed regardless of Pipeline. unemployment rate would be 10.3 per- this pipeline, and they know it is just I think today we are saying enough is cent instead of 6.7 percent. With these a question of whether it will come to enough. We are saying it is time to end deplorable unemployment numbers, the United States or end up in China. the unjustified and—now we know—the one would think the President would I represent Iowans who understand political delay of the construction of be very anxious to get as many people the economic and national security im- the Keystone XL Pipeline. I am glad so employed as he could. pact of this pipeline. They want to see many of my colleagues are coming to The President and the Senate major- the government get out of the way of the floor today to call for the approval ity here, which happens to be 55 Demo- this shovel-ready, private-sector infra- of this project. crats, should be doing everything they structure project. The TransCanada Corporation ap- can to grow the economy and create How many times were we promised in plied for a Presidential permit from jobs. This would be something that the stimulus bill that we were going to the U.S. Department of State to con- could be bipartisan. In fact, we have al- create X number of jobs that were struct and operate the Keystone XL ready had bipartisan votes on this sub- shovel ready? Most of that $800 billion Pipeline way back in September of ject. Yet the Senate Democratic lead- went to public employment, not to 2008. Yet here we are still talking ership continues to block Senate ac- shovel-ready jobs. The President even about it. For nearly 6 years this admin- tion to approve the permit. Instead, admitted that. istration has been sitting on the appli- they are proposing ideas that would ac- This pipeline is shovel ready. It is cation. Time and time again the State tually cost jobs rather than create jobs time to end the political delay and ap- Department, which has the responsi- at a time of 6.7 percent unemployment. prove this pipeline. bility to review, reviewed the environ- For example, later this week we in the I yield. mental impacts of the pipeline, and Senate will vote on a proposal to in- The PRESIDING OFFICER. The Sen- once again, time and time again, they crease the minimum wage. The non- ator from North Dakota. found that the pipeline will have no partisan Congressional Budget Office Mr. HOEVEN. Mr. President, I thank significant impact on the environment. concluded that this proposal will cost the Senator from Iowa, who has made In 2011 Secretary Clinton said a deci- 500,000 jobs and perhaps as many as 1 the case so well, and I look to his expe- sion would come before the end of 2011. million jobs. That is not the Repub- rience on energy issues and ag issues In March 2013, when President Obama lican Party making that statement; and his understanding of what it takes was invited to come and talk to Senate that is the professional people of the to truly have an all-of-the-above en- Republicans in our caucus—and he was Congressional Budget Office. ergy policy. As he said so well, it is not told he could talk about anything he It should be noted that while a high- only needed infrastructure but it is wanted to talk about—one of the topics er minimum wage will benefit those jobs. that came up was that a decision would low-wage workers who remain em- Here we are, talking about getting be made on this pipeline before the end ployed, it will also push the least the economy going and getting people of 2013. He said that 13 months ago, yet skilled, most disadvantaged, and most back to work. This doesn’t cost one still no decision. vulnerable workers out of employment. penny of Federal spending, and it puts As has been stated by my colleagues, We should be doing everything to in- people to work and creates hundreds of on Good Friday afternoon of this year, crease employment, not having more millions of dollars in revenue to help the State Department announced an people laid off. reduce our deficit and our debt. indefinite delay in the comment period We have the health care reform bill— So we are talking about putting peo- on the pipeline project. So it appears another great example. The Congres- ple back to work, we are talking about unlikely that President Obama will sional Budget Office estimated earlier energy for this country, we are talking make a decision at any time in the this year that the health care reform about revenues to reduce the debt, and near future, if ever. bill will result in 21⁄2 million fewer the administration refuses to make a This indefinite delay is mind-bog- workers in our workforce by 2025. decision. It is almost beyond belief. gling considering all the advantages of President Obama has also proposed I turn next to the Senator from Ala- this pipeline. Granting the permit for another $1.8 trillion in new taxes in his bama, the ranking member on the the pipeline will create thousands of latest budget proposal. Higher taxes Budget Committee. He speaks elo- jobs directly and indirectly. It will pro- stifle economic growth and cost jobs. quently and often on the need to bal- vide more than 800,000 barrels of Cana- The policies being advocated by the ance our budget, on the need to reduce dian oil daily from a friendly economic majority party and by the President the deficit and the debt and to get our partner. limit opportunities for working fami- spending under control. Rejection of the pipeline permit will lies, reduce economic growth, and pre- So here we have a project that, with- not affect Canada’s decision to develop vent the economy from achieving its out spending one penny, will generate these oil resources because they are full potential. hundreds of millions of dollars in reve- smarter than we are. They have made a Obviously, getting back to the Key- nues to help reduce the deficit and debt national decision that they are going stone Pipeline, the decision to grant while we put people to work. to harvest their energy resources, the permit for that pipeline is no Those statistics are provided by this whereas we are playing around as to longer being considered based on policy administration’s State Department. whether we ought to do that. As we but based on politics. That is too bad Those aren’t our statistics. Those sta- play around, we tend to be more de- for America’s energy consumers and tistics come out of the environmental pendent upon foreign sources. So the thousands of job seekers who would impact statement put together by the Keystone Pipeline is clearly in the na- benefit. State Department of this administra- tional interest of the United States. I don’t happen to come from the oil tion. Yet President Obama is unwilling and patches of Texas, Oklahoma, or North So I turn to the Senator from Ala- unable—or maybe I should say ‘‘or un- Dakota. There are no oil or gas pro- bama, somebody who has led on the able’’—to make a decision. ducers in my State. But I do support an need to get this economy going, to cre- Just think of the economy today and energy policy that is truly ‘‘all of the ate good, quality jobs and to reduce the what this could do to improve the above.’’ I represent farmers and con- deficit and debt. I ask the good the economy, particularly with regard to sumers who want access to affordable, Senator from Alabama: Won’t this the unemployment factor in our econ- reliable energy. I represent Iowans who project help do all of those things? omy, currently at 6.7 percent. That would rather get their energy from a The PRESIDING OFFICER. The Sen- means 10 million jobs that are not friend and ally such as Canada rather ator from Alabama.

VerDate Mar 15 2010 02:18 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.043 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 29, 2014 CONGRESSIONAL RECORD — SENATE S2445 Mr. SESSIONS. I thank Senator Second, let me ask the Senator this. am astounded that it has not been ap- HOEVEN. The Senator is close to Canada. He proved to date. The Senator is exactly right; it will knows the situation. If this pipeline is The Washington Post editorial board do all of those things. It is a step in the not approved, will it weaken and harm wrote last week that the President’s right direction in every area. our relationship with our good neigh- decision to delay the Keystone Pipeline I appreciate my leader on the Judici- bor, Canada, or will it make it better? was ‘‘absurd.’’ This is an independent, ary Committee and ranking member, The PRESIDING OFFICER. The Sen- liberal-leaning newspaper that cares Senator GRASSLEY. I would ask a rath- ator from North Dakota. about the environment. So it seems the er simple question of Senator GRASS- Mr. HOEVEN. Mr. President, Prime President is clearly acquiescing in LEY which ought not to be forgotten in Minister Harper of Canada has said on favor of special interests. this process. If a pipeline is built and a number of occasions how important Senator THUNE is familiar with Mr. an additional source of gasoline is this project is to Canada. The Ambas- Tom Steyer, who a recent Associated brought into the Midwest or other sador of Canada to the United States is Press article characterized as ‘‘a areas, if it is not cheaper than the gas Gary Doer, somebody who was for- former hedge fund manager and envi- that is already being supplied, isn’t it merly the Premier of Manitoba and ronmentalist, who says he will spend true that nobody will buy it? somebody I worked with when I was $100 million—$50 million of his own So won’t this mean an opportunity Governor of North Dakota. We worked money and $50 million from other do- for people in the whole country to be together for about a decade on all nors’’—to defeat Republicans to pro- able to have another source of fuel kinds of issues. As the Senator said, mote environmental issues. He asked which would be less costly and help Canada is our closest friend and ally, for some things if he is going to put up bring down costs? and they are a huge energy producer. $100 million. I am not happy about it. I believe the Mr. GRASSLEY. Mr. President, I am And we are producing more energy. glad to yield. So here is a project which is incred- interests of the people of this country I think that is very basic economics: ibly important to Canada. It is an op- have been subordinated to either an ex- Increase supply and reduce price. portunity for us to get more energy, treme environmentalist agenda or to The other matter is it makes us more plain money. There is no other rational both energy that we are producing and energy independent. We spend hundreds basis for the position we find ourselves energy from Canada, rather than from of millions of dollars every day to im- in. It is really tragic. port oil. There is no sense doing that the Middle East—something the Amer- We need jobs in this country. We when we can get it right here in North ican people very much want. If we have the fewest percentage of people America. don’t approve it, what are we saying to working in America today in the work- Mr. SESSIONS. I thank the Senator. our closest friend and ally, when they ing age group since 1975. Median in- I thank Senator HOEVEN for his have said very clearly and repeatedly, come has dropped over $2,000 to $2,600. steadfast, consistent, principled leader- this project is very, very important to We are not doing well. These are high- ship on this important issue. He has them? paying jobs. It keeps growth and cre- been there consistently. I don’t think To add irony to that indignity, they ativity here in the United States and there is any Senator in this body who will still produce the oil, but they will in North America through our partner, understands the details of this issue be forced to send it to China. So we Canada. more than he does. It is just a positive will import oil from the Middle East I am grateful to see others who are so thing for America. It just is, and I and force our closest friend and ally to interested in this issue. I feel really thank the Senator for his efforts. export their oil to China, creating strongly we should move forward with We have been reviewing this for 5 more greenhouse gas emissions, not this. It is the right thing to do. It is years. Legally, as I see this situation, less? That is what happens if we don’t not politics. It is the right thing. it is this: There is no Federal law at approve the project. A lot of Democratic members favor this time dealing with this issue. Presi- If the President refuses to do it, then this pipeline. Union groups, who tend dents have issued Executive orders we have the responsibility to step up to be Democrats, favor this pipeline. It that created a mechanism to allow the and do it. Yes, the Senator is 100 per- is not a Republican-Democratic issue. State Department to review a request cent right that it is not only a project This is an extremist issue against a for a pipeline like Keystone XL. But that our people very much want ap- commonsense issue. Sixty-two Sen- clearly there is no doubt that Congress proved but it is also something the peo- ators voted for a budget amendment has every right to legislate on this ple of Canada and the Government of last year during the Senate budget de- issue. Just because we haven’t yet, Canada very much want approved. So bate that was supportive of the Key- that doesn’t mean we never will or the Senator is right. stone pipeline. never should, and I strongly believe I would yield the floor back to the My good staffer Jeff Wood found a that with the failed leadership of Presi- good Senator from Alabama and en- Charles Dickens quote about the fic- dent Obama on this question, we are courage him to bring in our esteemed tional ‘‘Circumlocution Office,’’ of going to have to pass legislation. It is colleagues from South Dakota and which Dickens wrote: just that critical. South Carolina as well into this impor- Whatever was required to be done, the Cir- The Secretary of State has essen- tant discussion. cumlocution Office was beforehand with all tially asserted that under these Execu- Mr. SESSIONS. The Senator is so the public departments in the art of per- tive orders the State Department must correct. In my time here in the Senate, ceiving—how not to do it. . . . [W]ith this is one of the most inexplicable ac- projects for the general welfare . . . , which evaluate the environmental issue. They in slow lapse of time and agony had passed have dealt with that, and they have tions by a President I have ever seen. safely through other public departments . . . satisfied that environmental process. He has persisted in this after months got referred at last to the Circumlocution There is the question left of the na- and years have gone by and when the Office, and never reappeared in the light of tional interest. facts continue to come forward that day. Boards sat upon them, secretaries So if we don’t have a serious environ- justify this pipeline—for jobs in Amer- minuted upon them, commissioners gabbled mental issue—which I don’t think we ica, for lower energy costs in America, about them, clerks registered, entered, do, and pretty clearly we don’t—then for importing oil from our ally Canada, checked, and ticked them off, and they melt- where the people buy a great deal from ed away. In short, all the business of the the question is: What is in the national country went through the Circumlocution interest? us. Any wealth that goes to Canada, we Office, except the business that never came Senator HOEVEN represents a state on can be sure a lot of that will come back out of it . . . the border with Canada, and we have to the United States because they pur- (Chapter 10 of Charles Dickens’ ‘‘Little good relations with Canada. chase a great deal from us. But does Dorrit,’’ 1855). First, I don’t think there is any na- Venezuela or Saudi Arabia or other In my opinion, this bill would create tion in the world with which we need countries that we buy oil from buy a thousands of good jobs if it is passed to maintain and enhance our relation- lot from us? No. and this pipeline is built. It would ship more than with our good partner, So this is a partnership and relation- strengthen, not weaken, our relation- Canada. ship which benefits both parties. I just ship with Canada. It would bring a new

VerDate Mar 15 2010 02:18 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.044 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2446 CONGRESSIONAL RECORD — SENATE April 29, 2014 flow of oil into the United States and economy. When you think about the dent of the United States. I hope the the Midwest which will provide com- States that are impacted—the State of Senate Democrats and Republicans petition and which would reduce costs. North Dakota directly and my State of would come together to pass legisla- It would be a competitive source of en- South Dakota would be traversed by tion that supports this pipeline’s being ergy for America. the pipeline—we have a lot of local and built, whether the President agrees to Canada is a good trading partner. State governments that would benefit it or not. They buy a lot from us. The oil will be from this. Mr. HOEVEN. Mr. President, I would sold somewhere else if it is not sold in They say in the first year of oper- like to thank the distinguished Sen- the United States. ations it would generate $55.6 million ator from South Dakota and turn to By the way, pipelines are everywhere of tax revenue, $17.9 million in my our colleague from the State of Okla- in this country. In my State of Ala- State of South Dakota. When you talk homa, certainly a State that under- bama, pipelines crisscross the State. about what that can do in terms of in- stands energy production and under- We don’t have any problems with this. frastructure, what it can do in terms of stands how vital this pipeline infra- The idea that we can’t build another providing revenue to build schools, structure is. So with the indulgence of pipeline in this country is about as lu- public services, those sorts of things, it the Senator from Texas, I would ask to dicrous as one can imagine. takes the pressure off the local prop- return to the Senator from Oklahoma. So I thank Senator HOEVEN for the erty tax owners, area ranchers, home- The PRESIDING OFFICER. The Sen- great leadership he has provided. I ap- owners, and businesses. That is another ator from Oklahoma. preciate the opportunity to join with impact. Mr. INHOFE. I appreciate the Sen- him. It is the right thing for the people I would also say to my colleagues on ator from Texas yielding at this time. of this country, and we need to get this the floor that it would strengthen our Every time I hear people talking done. energy security. Some 830,000 barrels a about the jobs at stake here I think I yield the floor. day would come through that pipeline. about my State of Oklahoma, which The PRESIDING OFFICER. The Sen- That is half of what we import from probably has more jobs at stake than ator from North Dakota. the Middle East and about the total of any other state because Cushing, OK, is Mr. HOEVEN. I would like to thank what we import on a daily basis from the crossroads of the pipeline now the distinguished Senator from Ala- Venezuela. So if you look at how much throughout America. bama not only for his outstanding ar- we can ship from that pipeline and how Looking at this chart, just over 2 gument but for his passion as some- much that lessens the dependence we years ago President Obama came to body who truly cares about getting have on areas of the world that are Cushing to give a speech on national this economy going. much less favorable to the United TV with all the pipeline in the back- I would turn to the distinguished States than is our neighbor of Canada, ground. You can see these tubes over Senator from South Dakota and also to that is a very real consideration in this there. He talked about how this is a the distinguished Senator from Texas, debate. major breakthrough and that we are and I would like to ask that they both Finally, I would say to my colleague, going to ‘‘ . . . cut through the red engage in this discussion, starting with the Senator from North Dakota—and I tape, break through bureaucratic hur- the good Senator from South Dakota. thank him for his leadership on this dles and make this project a priority, In South Dakota they understand issue—that the time to act is now. This to go ahead and get it done.’’ how to create a good business climate. has been studied and scrutinized and Yet he has done nothing but obstruct They have no income tax. They have a reviewed more than any project in his- this since that time. The southern leg strong economy because they under- tory—81⁄2 years, 2,048 days as of Tues- of the pipeline may be finished, but stand what it takes to create a good day, today, April 29. Five environ- that was part of the project that the environment so that businesses will in- mental reviews all concluded the pipe- President didn’t have any say in. The vest and grow and create jobs. I would line would not have a significant im- President could do something when like to ask the Senator how this re- pact on the environment. Just when you cross international lines, but he lates to the discussion of the Keystone you thought the process couldn’t be could not do it from that point south. XL Pipeline. dragged out any longer, this adminis- The portion between Canada and Cush- To the distinguished senior Senator tration once again decided to block ing is completely stalled because the from Texas—clearly Texas knows en- construction of this project and delay President has delayed making a deci- ergy production—I would ask for his the national interest determination sion, as has been said, for 5 years now. thoughts in terms of how important process. To me the Keystone XL Pipeline is this infrastructure is for energy devel- Sean McGarvey, President of North the tip of the iceberg when it comes to opment and production in our State. America’s Building Trades Union, the way President Obama thinks about First, I would like to turn to the Sen- called this latest move: the oil and natural gas industry. Today ator from South Dakota. . . . a cold, hard slap in the face for hard we heard great speeches from many of The PRESIDING OFFICER. The Sen- working Americans who are literally waiting my colleagues, and they are high- ator from South Dakota. for President Obama’s approval and the tens lighting the great impact of the Key- Mr. THUNE. Let me just say to my of thousands of jobs it will generate. stone Pipeline’s construction and what colleague from North Dakota that we That comes from a labor union leader it would mean to the economy. We would like to have more North Dakota in this country. The unions want this, know that it would directly create energy in South Dakota, of course, and businesses in this country want it, and 42,000 jobs and 10,000 more would be have the direct benefit of that, but we the American people want it by over- supported by the overall manufac- focus in our State on jobs, and that is whelming margins. The only people turing materials and processes that are what this is all about—jobs, jobs, jobs. who don’t want it are some of the required to complete the project, but The President’s own State Depart- President’s political supporters who, as the real impact on the President’s fail- ment says that this project would sup- the Senator from Alabama has pointed ure to act on Keystone can be seen in port 42,000 jobs—16,100 direct jobs in- out, are extending hundreds, hundreds this chart. cluding construction, and another of millions of dollars, tens of millions This chart shows the potential 26,000 jobs that would be from indirect of dollars, $400 million, as the Senator around this country. These are federal spending. That is not us. That is not from Alabama pointed out. That is lands. If we were able to develop these the Senator from North Dakota, the what is holding this up. federal lands, what all would be in- Senator from Texas, the Senator from It is an offense to the American peo- volved here? You know, it is incredible Oklahoma or the Senator from Mis- ple to have a project like this that can that we have a President who talks souri on this side saying it would cre- do so much in terms of job creation and about being friendly to oil and gas and ate jobs. That is the President’s own lessening our dependence upon foreign denies the war against fossil fuels. State Department saying it would cre- sources of energy and helping millions While we have had an increase in pro- ate jobs and $2 billion in earnings—a of Americans who are looking for work duction on State and private land of $3.4 billion contribution to the U.S. and simply being held up by the Presi- some 40 percent, on the Federal land

VerDate Mar 15 2010 02:45 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.045 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 29, 2014 CONGRESSIONAL RECORD — SENATE S2447 we have had a decrease in production of from North Dakota. He has been a Over 700,000 now has to move by rail 16 percent. I don’t know how that is champion of this important program car because we don’t have adequate even possible, but the midstream infra- that enjoys the support of huge bipar- pipelines. So this is not just about structure and the pipelines in par- tisan majorities all across the country bringing oil from Canada to the United ticular are one of the most important because they understand the impor- States. It is also about moving oil from things we need to fully develop in these tance of energy security. They under- States such as Montana and North Da- resources. We need to be able to move stand the importance of getting this kota to refineries in the most efficient oil and gas from areas where it has energy from a friendly country such as and safest way possible. For example, been developed to areas where it is re- Canada. They understand the jobs that the Keystone XL Pipeline on the day it fined, processed, and consumed. The go along with it. They understand the opens will take 500 trucks a day off need for infrastructure expansion is as- need for hard-working American fami- some of our roads in the western part tounding. lies to have affordable energy, whether of our State. So it is clearly a safety ICF International is a consulting it is gasoline, heating fuel or the like. issue. The State Department says if firm, and I think their credibility has So this makes sense on so many dif- this pipeline isn’t built, to move that been established. They released a re- ferent levels, but I have to say that amount of oil you would have to move port last week that says U.S. compa- really the biggest obstacle is the Fed- 1,400 railcars a day. That is 14 unit nies will need to invest $641 billion over eral Government itself. trains of 100 railcars a day. Clearly, we the next 20 years in infrastructure to Not approving this pipeline makes don’t have that rail capacity. Clearly keep up with the growing oil and gas exactly zero sense. I know some people we don’t have that rail capacity, so we production. That is just what they are put off a little bit—I would say to need this vital infrastructure. We can’t know about that right now. If you add the Senator from North Dakota—by develop the energy in this country and to that what would happen if they were the idea of a new pipeline as if this is work with Canada to truly become en- able to open all of this and end the war some novel creation. But just as an ex- ergy independent without vital infra- on fossil fuels, look at the potential we ercise in my own personal edification, I structure, which this project rep- would have in this country. happened to Google—or maybe it was resents. The increase in oil and gas produc- Bing or some other search engine—‘‘oil Mr. CORNYN. I know there are other tion we have seen in recent years has and gas pipelines’’ on the Internet, and Senators who wish to speak, and I will occurred solely on State and private I was astonished at the huge complex conclude on this point. It is with some lands. There are many things President interplay of oil and gas pipelines all sense of appreciation that I note the Obama could do to make the numbers across the United States of America. two lowest unemployment rate cities far higher. In fact, we could have total Most Americans aren’t even aware and regions in the country are, I be- energy independence in a matter of they exist because they safely operate, lieve, Bismarck, ND, and Midland- months, not a matter of years, if the and they move this oil and gas around Odessa, the Permian Basin in Texas. President were to lift his ban on fed- the country in a way that benefits our Not coincidentally, those are the sites eral lands. economy and creates jobs and helps us of some of the shale gas and the oil and So the President has continued his put people back to work which is the gas production we are seeing that is war on fossil fuels. The President’s ef- most important thing we can do. thanks to modern drilling techniques forts have been intently focused on So we know for the last 5 years, since and innovative practices that produce hurting the production of oil and gas the great recession, we have had an this American renaissance in energy, resources—be it through stall tactics economy characterized by stubbornly for which we should be enormously or efforts to establish complex and con- slow economic growth and persistently grateful. fusing regulations on the hydraulic high unemployment. We have the This is the way to get our economy fracturing process. Every way we turn smallest percentage of people actually back on track. This is the way to ex- we see President Obama trying to put participating in the workforce since tract ourselves from dangerous parts of the oil and gas industry out of busi- World War II. We have seen a decline in the world and unreliable sources of en- ness. median household incomes, so average ergy. And this is the way to get Ameri- The Keystone XL Pipeline is the bell- hard-working families have seen their cans back to work. wether of energy policy today. It is a income go down, and we have seen this I thank the Senator for his leader- simple decision. I know many of my nagging sense of uncertainty about the ship, and I am happy to participate in colleagues have talked about it and future, not just because of the economy this colloquy. Thank you. have had the information, as the leader but because of the obstacles the Fed- The PRESIDING OFFICER. The Sen- of our group has here today, on what eral Government puts in its way. ator from North Dakota. we could be doing in this country. Yet I would ask the Senator from North Mr. HOEVEN. Mr. President, I wish there is some kind of assumption that Dakota—I know that North Dakota has to thank the esteemed Senator from if we don’t complete the pipeline, they had some experience here—by not Texas. will stop the process up in Alberta, building this pipeline, what are the I wish to turn to the distinguished Canada. They are going to continue, other ways that this oil is being trans- Senator from Missouri for his thoughts but it is going to be China and other ported, and what is the risk and benefit on the importance of this project and countries that are going to benefit associated with that? People may the need for our country to become en- from it. So I applaud the Senator for think this is sort of an either/or—you ergy independent. the great work he is doing. We have to either have the oil flow or not. But the The PRESIDING OFFICER. The Sen- let the American people know of the truth is there are other alternatives, ator from Missouri. potential we have right here in this but they are not necessarily in the pub- Mr. BLUNT. Mr. President, I thank country and develop that potential. I lic interest or as safe as this pipeline my friend for leading this colloquy. I thank the Senator from Texas for might be. think the Senator from South Caro- yielding. The PRESIDING OFFICER. The Sen- lina, Mr. SCOTT, is going to speak for a Mr. HOEVEN. Mr. President, I would ator from North Dakota. few minutes before I do, and then I will like to thank the Senator from Okla- Mr. HOEVEN. To respond to the Sen- be glad to enter into this discussion. It homa for his work on this important ator from Texas, of course, by not hav- is an important topic. Nobody has been issue, and I turn to the Senator from ing a median pipeline infrastructure we a greater leader on this than my friend Texas, a State that produces more oil are forced to move oil by other means from North Dakota, and I thank him and gas than any other State in the and that means primarily railcars, and for organizing this colloquy, as many Union, and ask for his thoughts and it is overburdening our rail system. As of us wish to come to the floor today to support. you have seen, we have had accidents, speak on this critical issue. The PRESIDING OFFICER. The Sen- and it is just the overburdening of the Mr. HOEVEN. Mr. President, I turn ator from Texas. current capacity of our rail system. to the Senator from South Carolina Mr. CORNYN. Mr. President, I appre- For example, in North Dakota we and I welcome his comments on this ciate the leadership from the Senator produce a million barrels of oil a day. important topic.

VerDate Mar 15 2010 02:18 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.047 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2448 CONGRESSIONAL RECORD — SENATE April 29, 2014 The PRESIDING OFFICER. The Sen- Here we see an amazing collaboration and unless we know it is available and ator from South Carolina. between labor unions, Democratic Sen- unless we know we could get it, in this Mr. SCOTT. I thank the Senator ators, Republican Senators, and con- case, from a friendly source. Somehow, from North Dakota for his strong lead- servative groups, all coming together, they are not for that. They are for ‘‘all ership on that which is obvious to most asking—even begging—the President to of the above’’ until we really look at of us, which is the need to move for- do the right thing. I don’t know ex- what is there and what we know works ward on the Keystone Pipeline. actly what it will take to get the Presi- and what makes our current energy I was a businessman before I arrived dent to do what he said during a lunch needs met in the best way. here in Congress and I will tell my col- meeting with all of the Republican The pipeline is an example of a solu- leagues that our goal in business was Senators when he said, Do you know tion that would decrease our country’s to do the right thing. As a Senator, I what we should do? By the end of 2013, dependence on nations we can’t rely on wish to do the right thing for all of the we should find ourselves with a deci- quite as heavily. It increases our trad- American people. Thanks to the strong sion coming out of his office, his ad- ing relationship with our very best leadership of Senator HOEVEN, we have ministration. Yet this is 2014. It re- trading partner. That oil is going to be an opportunity to do just that. Yet this minds me a little bit of ObamaCare; sold to somebody and a pipeline will be administration continues to ignore they continue to move the deadlines. built. The question is, Is the pipeline policies that would help hard-working, We need action for the American peo- built to connect to the most logical hard-hit American families. ple and we need action for the Amer- customer and the best trading partner I think back several years ago when ican people right now. and come south or does the pipeline go I was growing up in a single-parent Let me close, Mr. President by think- to the west and the oil goes to Asia? household, and I think about the very ing through where we are today on This is not about whether the oil difficult choices my mom had to make such a simple decision. I believe 62 Sen- comes out of the ground. It is not between food and gas and energy con- ators in this body during the budget about whether a pipeline gets built. It sumption. What a horrible position to resolution debate supported moving is about whether we do that which put any American family in. Yet every forward on the Keystone Pipeline; is makes the most sense. single day we delay a decision on the that correct? On April 18, the State Department, pipeline, we say to struggling families: Mr. HOEVEN. That is correct. by the direction of the President, once Not now, not here, but maybe later. Mr. SCOTT. I believe we have had a again, said we are going to wait a little That is not the right message to send number of votes over the last 2 years while longer. How many deadlines do on the broader topic of this energy where many Senators have said, have we have to blow by? I think it is inter- economy. voted, and have written letters asking esting that in the last couple of The fact is, if we factor in incomes for action on this pipeline. I think that months when people have left the ad- under $30,000, 25 percent of that income is correct. Yet if we can’t solve a bipar- ministration—when the Secretary of goes toward energy consumption. What tisan issue on the pipeline today, how the Interior leaves and is asked about a difficult position to find a single par- the pipeline, he says, Oh, of course we ent in, struggling to make ends meet. do we start solving the broader issues should build the pipeline. When the Yet we have an opportunity not only to regarding energy, including offshore Secretary of Energy leaves and is address that issue in the broader topic energy production? How do we get our- asked about the pipeline, he says, Oh, of the energy conversation but to spe- selves into a position, I say to the Sen- of course we should build the pipeline. cifically address the issue faced by mil- ator from Alaska, where we could have Everybody knows that the logical, lions and millions of Americans, and a conversation about offshore produc- commonsense thing to do is to build that is the issue of unemployment. tion? My State could see 7,500 new jobs The pipeline is not an issue of poli- and $2.2 billion annually added to our this pipeline and let us benefit from tics, it is an issue of the American peo- economy, and $87.5 million of new rev- this energy. It has become an example ple. The fact is that over 42,000 jobs enue generated for my State. But we of a commonsense decision versus regu- would be created and we would pump can’t solve the simple, bipartisan-sup- lators out of control—regulators who billions of dollars into the Nation’s ported effort of the Keystone Pipeline. don’t want us to use the resources we economy. Yet the administration sim- I thank Senator HOEVEN for his have or the resources that are right next to us. ply says—after 51⁄2 years, after several strong leadership and I hope we will studies—we should wait a little longer, find it possible to move this legislation The national security implications of as if we have not waited long enough, forward quickly, and let’s get it done. Canadian oil are pretty great and pret- with those 42,000 American families Thank you, Mr. President. ty obvious for everybody to figure out. who could be positively impacted by The PRESIDING OFFICER. The Sen- The economic security implications of going back to work. How long should ator from North Dakota. doing business with somebody who does we wait to see this administration do Mr. HOEVEN. I wish to thank the business with us—every time we send the right thing? Senator from South Carolina for put- the Canadians a dollar, for decades, I support this proposal. I support the ting this issue in very human terms, they have sent us back at least 90 legislation. I support congressional ac- including what it means for people in cents. Every time we involve ourselves tion to move this administration into a this country who want a job. I thank in that trade and strengthen their position where 61 percent of the Amer- him for his passion on this important economy, they turn right back around ican people already find themselves. issue. and strengthen our economy. Why They are already saying, Let’s move I turn now to the Senator from Mis- wouldn’t we want to do that? forward on the pipeline. They are ready souri for his input on this important Just the cost alone of building the to see action on constructing the pipe- issue. pipeline, talk about a shovel-ready line because they understand that if we The PRESIDING OFFICER. The Sen- project: 20,000 jobs, not a single tax- can’t solve this simple issue, where ator from Missouri. payer dollar involved. In fact, the com- there is already bipartisan support, Mr. BLUNT. I thank the Senator pany immediately starts paying taxes how do we address the deeper chal- from South Carolina for pointing out to State and local government as that lenges in the energy economy? that bad Economic Policies have the pipeline is extended through commu- I don’t often find myself in the posi- most impact on the most vulnerable nities and almost all of our States. An- tion to quote from members or even among us, including the number he other 830,000 barrels of oil a day. presidents of labor unions. I have to gave of the percentage of income of Roughly 6 percent of all of our daily gulp when I make my next statement, families who have less than $30,000 of imports come from this one new because it is so rare, so foreign to me. income a year, how much of that al- source. But, as others have pointed But I will say that Terry O’Sullivan, ready goes to energy. out, that pipeline then becomes avail- general president of the Laborers’ The administration says they are for able for other objectives as well. A bi- International Union of North America, an all-of-the-above energy policy. That partisan determination on this floor got it right when he said, ‘‘This is once appears to be an all-of-the-above en- has shown that we should obviously again politics at its worst.’’ ergy policy unless we know it works build this pipeline.

VerDate Mar 15 2010 02:18 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.048 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 29, 2014 CONGRESSIONAL RECORD — SENATE S2449 We constantly talk about private sec- pipelines. This is all energy infrastruc- technology, including carbon sequestration tor job creation. Believe me, it is not ture that crosses the border with Can- and storage, so as to lower the overall envi- just building and producing more ada—whether it is into Montana, Wash- ronmental footprint of our energy sectors. The Government of Canada and the Province American energy that are the jobs cre- ington, North Dakota, Michigan, Min- of Alberta have also set greenhouse gas re- ated, it is the jobs created when we nesota, New York, Vermont, Idaho, duction targets and implementation pro- have a utility bill we can rely on and a Maine. grams to help them achieve them. delivery system we can count on. Peo- You have to wonder—you have to Approval of this permit will also send a ple will make things in the United wonder—are not these all in the na- positive economic signal, in a difficult eco- States again. The right kind of Amer- tional interest? What is so unique, nomic period, about the future reliability ican energy policy becomes imme- what is so compelling about this Key- and availability of a portion of United State’s energy imports, and in the imme- diately the right kind of American stone XL Pipeline that it is not only diate term, will provide construction jobs. manufacturing policy. taking the 5 years of study that has al- It provides additional supplies of crude oil The pipeline has almost become the ready been done but is now on indefi- to make up for the continued decline in im- tip of the iceberg that everybody has nite hold for yet further study? ports from several other major U.S. sup- their eye on, but it is an example of the So it causes one to kind of go back in pliers. problem that we refuse to do things time. Let’s look at some of the pipe- Construction and Operation of the Alberta Clipper Project Meets Environmental Pro- that will make our economy stronger, lines that have been already deter- tection Policies—The DOS concludes that make our families stronger, and create mined as being in the national interest. the proposed Alberta Clipper Project, if de- jobs in America that have better take- Back in August of 2009, the Depart- signed, constructed, and operated in accord- home pay than the jobs that people ment of State signed off on Enbridge ance with the Project Description in Section have seen in the last 5 years. The take- Energy’s Alberta Clipper Pipeline. 2.0 of the FEIS, as amended by additional ap- home pay for American families has When you look at what they did in proaches and mitigation measures agreed to gone down and down and down in every signing off on that, it is exactly what by Enbridge as a result of the DOS environ- one of those years when we look at the we are talking about here with the mental analyses and as further amended by specific permit conditions contained in the surveys. Keystone XL. It said—and this is com- permit and those to be assigned by the state This is a fight worth having. Again, ing from the national interest deter- and federal agencies with jurisdiction over nobody has been more dedicated to mination on the Alberta Clipper. I ask aspects of the project along the pipeline cor- that effort than the Senator from unanimous consent to have that appli- ridor, would result in limited adverse envi- North Dakota who understands what a cation printed in the RECORD. ronmental impacts. difference energy can make in the There being no objection, the mate- Concerns have been raised about higher- State. He saw that happen as Governor. rial was ordered to be printed in the than-average levels of greenhouse gas (GHG) emissions associated with oil sands crude. We have seen that happen in the State ECORD R , as follows: The Department has considered these con- he lives in. The right kind of American 7.0 DECISION AND BASIS FOR DECISION cerns, and considers that they are best ad- energy policy can provide so many of The Deputy Secretary of State has deter- dressed in the context of the overall set of those exact same benefits for the mined that a Presidential Permit will be domestic policies that Canada and the United States of America. This is one issued to Enbridge Energy, Limited Partner- United States will take to address their re- of the easy examples to talk about, out ship to construct, connect, operate, and spective greenhouse gas emissions. The of a volume of examples of the admin- maintain facilities at the border for the United States will continue to reduce reli- istration clearly headed on a path that transport of crude oil between the United ance on oil through conservation and energy makes no sense when we really look at States and Canada across the international efficiency measures, such as recently in- boundary, as described in the Application for creased Corporate Average Fuel Economy the national security impact, the eco- a Presidential Permit dated May 15, 2007 and (CAFE) standards, as well as through the nomic impact, or, most importantly, as further amended by the subsequent filings pursuit of comprehensive climate legislation the impact on American families. of Enbridge with the DOS and by informa- and an ambitious global agreement on cli- I again thank the Senator for leading tion incorporated into the Final EIS issued mate change that includes substantial emis- this fight. June 5, 2009. The Deputy Secretary also finds sion reductions for both the United States The PRESIDING OFFICER. The Sen- that: and Canada. The Department, on behalf of ator from North Dakota. Construction and Operation of the Alberta the Administration, will urge ambitious ac- Mr. HOEVEN. I thank the Senator Clipper Project Serves the National Inter- tion by Canada, and will cooperate with the from Missouri and turn to our ranking est—The addition of crude oil pipeline capac- Canadian government through the U.S.-Can- ity between the Western Canada Sedi- ada Clean Energy Dialogue and other proc- member on the Energy Committee, the mentary Basin (WCSB) and the United esses to promote the deployment of tech- Senator from Alaska, who deals with States serves the strategic interests of the nologies that reduce our respective GHG energy issues every day. United States for the following reasons: emissions. The PRESIDING OFFICER. The Sen- It increases the diversity of available sup- The Scope of the Permit Issued to ator from Alaska. plies among the United States’ worldwide Enbridge shall extend only up to and includ- Ms. MURKOWSKI. I wish to thank crude oil sources in a time of considerable ing the first mainline shut-off valve or my colleague from North Dakota. I political tension in other major oil pro- pumping station in the United States. Exec- have had an opportunity to go to North ducing countries and regions. Increased out- utive Order 11423, initially delegating the put from the WCSB can be utilized by a President’s authority to the DOS, specifi- Dakota and see firsthand how, in Sen- growing number of refineries in the United cally notes that ‘‘the proper conduct of the ator HOEVEN’s State, they are embrac- States that have access and means of trans- foreign relations of the United States re- ing this energy renaissance we are see- port for these increased supplies. quires that Executive permission be obtained ing in this country—a renaissance that It shortens the transportation pathway for for the construction and maintenance at the is truly allowing us to move forward a sizeable portion of United States crude oil borders of the United States of facilities con- with jobs and economic opportunity imports. Crude oil supplies in Western Can- necting the United States with a foreign not only for the good of this country ada represent the largest and closest foreign country.’’ Similarly, Section I of Executive but really for the good of so many oth- supply source to domestic refineries that do Order 13337, further delegating the Presi- not require, in contrast to other suppliers, dent’s authority, states that DOS has au- ers. many days or weeks of marine transpor- thority for issuance of Presidential permits When we are talking about our neigh- tation. for the ‘‘construction, connection, operation, bors to the north in Canada—or if one It increases crude oil supplies from a major and maintenance at the borders of the is from Alaska our neighbors to the non-Organization of Petroleum Exporting United States of facilities . . . to or from a east—there is a recognition that the Countries producer which is a stable and re- foreign country.’’ Hence, in reviewing an ap- United States and Canada are really liable ally and trading partner of the United plication for a Presidential permit, the DOS, joined at the well, if you will. That is States, with which we have free trade agree- takes into account the impact the proposed a term I have used quite frequently. ments which augment the security of this cross-border facility (i.e., pipeline, bridge, But when it comes to energy issues, energy supply. road, etc.) will have upon U.S. relations with Moreover, the United States and Canada, the country in question, whether Canada or there are 17 operating oil pipelines be- through bilateral diplomacy and a Clean En- Mexico, and also on the impact it will have tween the United States and Canada. ergy Dialogue process that is now underway, on U.S. foreign relations generally. While There are another 30 electric trans- are working across our respective energy the DOS also takes into account the various mission lines. There are 29 natural gas sectors to cooperate on best practices and environmental and other domestic issues

VerDate Mar 15 2010 04:19 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.049 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2450 CONGRESSIONAL RECORD — SENATE April 29, 2014 mentioned above, DOS does not have, and vided were increasing the diversity of fact, the first leg of the Keystone XL has never had, authority over facilities, in- available supplies. It shortens the pipeline took 21 months to obtain ap- cluding pipeline, bridges, roads, etc., located transportation pathway for a sizable proval. Most times that would be a entirely within the United States that do not cross the international border with ei- portion of our crude imports. It in- cause for optimism. Not this time. We ther Canada or Mexico. For these reasons, creases crude oil supplies from major are 5 years down the road and we are the Department does not believe that the non-OPEC countries. It allows our still awaiting the start of construction. scope of the permit it issues in this case country to cooperate on best practices Instead of spending this week on mis- should extend any further than necessary to in technology. And then, finally, ap- guided legislation that will actually protect that foreign relations interest. The proval of the permit would send a posi- discourage new hiring and harm the job permits the DOS issues under Executive Or- tive economic signal, in a difficult eco- prospects of long-term unemployed in- ders 11423 and 13337 routinely include provi- nomic period, about the future reli- dividuals, we should be doing every- sions permitting DOS to take possession of the facilities at the border for national secu- ability and availabilty of a portion of thing we can to encourage the creation rity reasons or to direct the permittee to re- U.S. energy imports. of new jobs and the growth of new busi- move the facilities in the immediate vicinity These are not from the Keystone XL ness opportunities. According to the of the international border if so directed by Pipeline. This is coming from the Al- State Department, the Keystone XL the DOS. Since that is the case, the DOS has berta Clipper Pipeline, approved back has the potential to create 42,000 jobs concluded that a limitation of the scope of in 2009, for exactly the same reasons with good wages that will help to get the permit in this case to those pipeline fa- that President Obama should sign off the economy going again, strengthen cilities within the United States up to and on the Keystone XL Pipeline and sign our energy supplies, and put those including the first mainline shut-off valve or pumping station would adequately protect off now. It is in the country’s best in- 42,000 individuals further along the the DOS’ foreign relations interest in imple- terests. It is clearly in the best inter- road of living the American dream and menting Executive Orders 11423 and 13337. ests of our friend and ally and neighbor supporting their families. What is not 8.0 NATIONAL INTEREST DETERMINATION to the north, Canada. to like about that? Plus, it will accom- Pursuant to the authority vested in me I think we recognize there is so much plish all that without raising taxes or under Executive Order 13337 of April 30, 2004, opportunity for us. But we need to get increasing our crushing national debt. as amended, Department of State Delegation out of the way of the stops and the hur- In fact, this would increase revenues— of Authority No. 118–2 of January 23, 2006, dles that have been placed by this ad- jobs increase revenues, sales increase and Department of State Delegation No. 245– ministration—limiting our jobs, lim- revenues. More people driving to work 1 of February 13, 2009, and subject to satisfac- iting our economic opportunities, and also creates more money for highways. tion of the requirements of sections 1(g) and truly working to restrict our energy Getting this massive private sector 1(i) of Executive Order 13337, I hereby deter- mine that issuance of a permit to Enbridge independence. job creator moving into high gear is a Energy, Limited Partnership, a limited part- With that, I yield the floor, as I know win-win for all Americans. Unfortu- nership organized under the laws of the several other colleagues wish to speak nately, it hasn’t happened yet and the State of Delaware, which is a wholly owned in the time remaining. White House has decided to step in subsidiary of Enbridge Energy Partners, L.P. Mr. ENZI. Mr. President, I rise today again and once again delay the project (‘‘Enbridge Partners’’) which is a Delaware to again express my great disappoint- for political reasons. Instead of sup- master limited partnership headquartered at ment about a matter of importance to porting a job creator, the administra- 1100 Louisiana, Suite 3300, Houston, Texas our Nation—the administration’s deci- tion is putting up a job barrier. We de- 77002, to construct, connect, operate and sion to put off a decision to start build- maintain facilities at the border of the serve better. We deserve an administra- United States and Canada for the transport ing the Keystone Pipeline so they can tion that is willing to work overtime of crude oil between the United States and do a little more study and review— to lead us out of this dismal time of Canada across the international boundary at again. It is getting to be like watching long-term unemployment—a slump Cavalier County, North Dakota, would serve a rerun of the same show—over and that shows no signs of ending soon. the national interest. over and over again. That isn’t the only reason why we The Presidential Permit issued to Enbridge How many times have we been need to take action on this imme- shall include authorization to construct, through this? I have lost count. Time diately. Haven’t we all spoken time connect, operate, and maintain at the border after time momentum seems to build of the United States facilities for the trans- and time again about the need to do port of crude oil between the United States to finally approve this project so we something to reduce our dependence on and Canada across the international bound- can reap the benefits that will come sources of energy from unstable coun- ary as described in the Presidential Permit from the pipeline—namely, the jobs tries? This pipeline will help us to do application received from Enbridge by DOS that will be available to people who that. on May 15, 2007, as amended, and in accord- need them and the boost to our Na- The administration’s own Depart- ance with the mitigation measures described tion’s energy supplies that will help to ment of Energy stated in a June 2011 in the Environmental Mitigation Plan (and bring some certainty to our energy pol- memo that Keystone XL would lower other similar mitigation plans) contained in icy. gas prices in all the markets in the the FEIS, as amended. No construction or other actions shall be taken by Enbridge Well, we can forget about those bene- United States. Flipping the XL switch prior to Enbridge’s acquisition of all other fits in the near term. The administra- from ‘‘standby’’ to ‘‘on’’ should have necessary federal, state, and local permits tion has once again spoken with cer- been done years ago. It is a no-brainer and approvals from agencies of competent tainty that they aren’t certain about that calls for action—not more jurisdiction. Enbridge shall provide written what they want to do—they just know thought, reflection, meditation, con- notice to the Department at such time as the they don’t want to do it now. If one is sideration, review, and planning—and construction authorized by this permit is supportive of the pipeline one can still who knows what else. begun, and again at such time as construc- hope it may happen someday. If one is The record is clear. We have been tion is completed, interrupted or discon- tinued. opposed to it, one can be assured that told time and time again that a deci- This determination shall become final fif- ‘‘someday’’ won’t happen anytime sion on the pipeline was ‘‘in the pipe- teen days after the Secretaries of Defense, soon. line’’ and would be coming our way Interior, Commerce, Energy, Homeland Se- I think there is more of a political shortly. In March of last year the curity and Transportation, the Attorney reason than a practical reason for this President told us that the final deci- General, and the Administrator of the Envi- delay. After all, there have already sion as to whether or not he would ap- ronmental Protection Agency have been no- been 5 years of studies that have re- prove the pipeline would reach us by tified of this determination, unless the mat- affirmed the benefits of building the ter must be referred to the President for con- year’s end. We never heard from him. sideration and final decision pursuant to sec- pipeline now. Before that, Secretary of State Hil- tion 1(i) of said Executive Order. That isn’t all. The State Department lary Clinton made a promise that we Date: 03 August 2009. reviewed the proposal and found that it would have a decision on the status of JAMES B. STEINBERG, was the safest way to transport the oil. the pipeline by the end of 2011. We Deputy Secretary of State. Most pipelines require a presidential never heard from her, either. Ms. MURKOWSKI. Some of the permit that is issued after an 18-to 24- That is unacceptable for so many dif- things the Alberta Clipper line pro- month review process. We did that. In ferent reasons. We need the jobs. We

VerDate Mar 15 2010 03:18 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.040 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 29, 2014 CONGRESSIONAL RECORD — SENATE S2451 need the energy. We need the certainty not doubt their sincerity—would not that would do to what is happening that comes from knowing whether this allow us to buy oil from anybody or ex- right now in that part of the world. We project will be completed or not. plore for oil here at home. The people need it for our soft power and for our The resources this pipeline is in- objecting to this pipeline do not have diplomatic power. tended to carry will be developed an all-of-the-above approach when it Lastly, it is environmentally the whether the administration approves it comes to American energy. If you left thing to do. That oil is going to be re- or not. Doesn’t it make sense by hav- it up to them, we would be doing wind- fined somewhere in the world, and it is ing the United States of America re- mills, solar, no nuclear power. going to be delivered in some way. The ceive the benefit of all that energy in- So the President of the United States safest and most environmentally sound stead of our competitors? has turned this issue over to the most way to deliver it is in a pipeline, No. 1. We have an alternative before us. The extreme people in the country when it The best country in the world to refine senior Senator from North Dakota has comes to politics. They are trumping it is the United States of America, No. a new bill that I am cosponsoring that the unions. They are trumping the 2. And, No. 3, and most importantly, it would recognize the final supplemental former Presiding Officer. They are is environmentally sound because you environmental impact statement and locking down developing an energy keep trucks off the road, trains off the give approval to the Keystone XL Pipe- source that we need as a nation. I real- track. The oil goes underground. It line. It will put the Senate on record ly regret that the President has let does not generate any carbon and go and recognize the need for the pipeline them take over this issue at a time into the global warming or any other and all the benefits it will provide. It when we need more oil from friendly part of our environmental threat. has strong bipartisan support and people and less oil from people who It is the right thing to do, and it is should move forward with all delib- hate our guts. professional malpractice for us not to erate speed. Dirty oil to me is buying oil from be doing it for our people, for our coun- There is an old saying that reminds people who will take the proceeds and try, for our diplomacy, and for peace us that he who hesitates is lost. We share it with terrorists. This oil con- around the world. have been hesitating for years and have tent from Canada is slightly greater in I thank the distinguished Senator for nothing to show for it but lost time. carbon content than Mideast sweet the time. We have a chance to change things and crude, the same level as oil we find off The PRESIDING OFFICER (Mr. put ourselves on the right side of this the coast of California, and has less MANCHIN). The Senator from North Da- equation. It is time to do it—now! Let’s sulfur. So the environmental argument kota. leave yesterday behind and move for- does not bear scrutiny. Mr. HOEVEN. Mr. President, I thank ward to tomorrow by taking action in- At the end of the day, we are not the good Senator from Georgia, who is stead of putting it off again for another going to get this oil from our friends in putting forward common sense. round of thoughtful gazing and reflec- Canada because of the upcoming elec- I would like to turn, in closing, to tion while our problems grow more se- tions. President Obama is afraid of the Senator from Wyoming, who is a rious and our options start to diminish. turning off environmental support so senior member of the energy com- The PRESIDING OFFICER. The Sen- he has turned off the pipeline—very mittee and truly understands energy ator from North Dakota. bad for America. issues. The PRESIDING OFFICER. The Sen- Mr. HOEVEN. Mr. President, I have I yield. ator from Wyoming. conferred with the good Senator from Mr. HOEVEN. Mr. President, I thank Mr. BARRASSO. Mr. President, it Illinois and beg his indulgence. He has the Senator from South Carolina and seems the President’s decision is ab- offered 3 minutes for each of our re- turn to the esteemed Senator from surd, to delay the Keystone XL Pipe- maining speakers. I thank him for that Georgia. line. That is not just me saying that. and ask for the Chair’s indulgence. The PRESIDING OFFICER. The Sen- That is the Washington Post, Thursday The PRESIDING OFFICER. Without ator from Georgia. morning, April 24: ‘‘Keystone XL’s ab- objection, it is so ordered. Mr. ISAKSON. Mr. President, I thank surd delay. President Obama should ap- Mr. HOEVEN. I thank the Chair. the Senator from North Dakota, and I Mr. President, I again thank the Sen- acknowledge and thank the distin- prove the pipeline project now.’’ They ator from Illinois and turn to the Sen- guished majority whip for allowing us say: ator from South Carolina for his extra time to talk about a subject he If foot-dragging were a competitive sport, President Obama and his administration thoughts on this important issue. would probably prefer us not to talk would be world champions for their perform- The PRESIDING OFFICER (Mr. DUR- about, but I appreciate it very much. ance in delaying the approval of the Key- BIN). The Senator from South Carolina. So I will be very brief and succinct. stone XL pipeline. Mr. GRAHAM. Mr. President, I thank For this administration and our They go on to say: you. country not to build the Keystone The administration’s latest decision is not I have been to the Canadian oil sands Pipeline or delay it is at best profes- responsible; it is embarrassing. The United that I would recommend every person sional malpractice. There are three States continues to insult its Canadian allies in this body go visit. The Canadians reasons for that. by holding up what should have been a rou- are being very environmentally respon- We are a country that 40 years ago tine permitting decision amid a funhouse- sible when it comes to extracting the was held hostage by OPEC. We had our mirror environmental debate that got way oil sands product. This is an equivalent parents waiting in line to fill up their out of hand. to a Saudi Arabian oil find from our cars. Businesses closed because there They conclude by saying: Canadian friends. was no oil supply, and prices went The president should end this national psy- Here is the choice and here is the de- through the roof. chodrama now, bow to reason— bate: They are going to sell the oil to With the Keystone Pipeline and its Think about that: ‘‘bow to reason’’— China or they are going to sell it to us. capacity added to the Marcellus and approve the pipeline and go do something How many people in America really the Haynesville shale, America will more productive for the climate. have a hard time figuring out what we truly be independent in its energy and That is not just the Washington Post. should do? It is not as though the oil is never be held hostage again by some- We see also the Wall Street Journal, on not going to be sold and extracted from one like OPEC. That is No. 1. Wednesday: ‘‘Keystone Uncensored.’’ the ground. It is going to be sold to us No. 2, it is important for our diplo- They talk about a labor leader calling or the Chinese. If we buy oil from Can- macy around the world. Soft power is the administration ‘‘gutless,’’ ‘‘dirty,’’ ada, it is like buying oil from your always preferable to hard power. And and more. cousin. We trade with the Canadians. one of the best soft powers you can pos- So why would a union leader—who They are very reliable partners. It is sibly have is having energy. Think endorsed President Obama in 2008 as a less oil to buy from Russia and Ven- about it for a second. candidate, endorsed him again in 2012— ezuela, and you can go down the list. If Russia were not a factor in why would he say this? He actually What is at stake here is that the peo- Ukraine because America could sup- went on to say: ‘‘It’s not the oil that’s ple who object to this pipeline—I do plant their natural gas, think what dirty, it’s the politics.’’

VerDate Mar 15 2010 03:18 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.050 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2452 CONGRESSIONAL RECORD — SENATE April 29, 2014 To get an answer to that, you have to are my friends—and colleagues have We had a debate several weeks ago on look at an article that Politico ran last come to the floor to talk about the the floor of the Senate. It was about Thursday called ‘‘The left’s secret Keystone XL Pipeline. global warming and climate change. It club.’’ It said: It turns out that what America needs went on through the night. Many of my Some of the country’s biggest Democratic more than anything else—more than Democratic colleagues stayed up all donors—including Tom Steyer . . .—are hud- an increase in the minimum wage, night to talk about it. BRIAN SCHATZ of dling behind closed doors next week in Chi- more than paycheck fairness so that Hawaii, SHELDON WHITEHOUSE of Rhode cago to plan how to pull their party—and the men and women are paid fairly in the Island spoke at great length with their country—to the left. workplace—more than anything else, colleagues about the issue. The meeting will be held in the ball- we need one more pipeline coming in I came up early in the debate and room of the Ritz-Carlton. Politico de- from Canada. simply made one point. I believe the scribes the group as ‘‘a secretive club If you listen to the other side, you Republican Party of the United States of wealthy liberals.’’ would think the jobs that will be cre- is the only major political party in the So who is Tom Steyer? Well, he is a ated by the Keystone XL Pipeline will world—in the world—that denies cli- hedge fund billionaire who has said he finally turn this economy around. mate change and global warming. I is hoping to spend at least $100 million How many jobs are we talking about? have asked my colleagues on the other to defeat candidates who support the Madam President, 2,000—2,000 construc- side of the aisle to give me an example. Keystone XL Pipeline and who oppose tion jobs? That is at the high end of es- Tell me where I am wrong. Somebody his extreme environmental agenda. timates I have heard. How many jobs said there may be a party in Australia. I want to be absolutely clear. There at the refineries in Texas to process That is where they have to reach to is nothing wrong with legal participa- this oil and ship it overseas? It is not find any other political party in the tion in elections. If a hedge fund bil- for sale in the United States. I am not world that agrees with their position lionaire like Mr. Steyer wants to spend sure. But it really is amazing to me on global warming and climate change. his money talking about his views, he that they continue to focus on Key- So it is no wonder when we discuss en- is free to do it. I disagree with his stone XL as if it is the only issue when ergy and the future they do not want views, but I would never come to the it comes to the American economy. to talk about what is happening to our Here is what I find particularly curi- floor of the Senate and denounce him environment, the extreme weather sit- ous. For the record—and I am glad my as un-American. But that is exactly uation we are even seeing this week, friend, the Senator from North Dakota, what the majority leader, Senator the devastation from storms in a mag- is still in the Chamber—the Keystone REID, has done, repeatedly coming to XL Pipeline is not the first Keystone nitude we have never registered since the floor to criticize and demonize peo- Pipeline. The first Keystone Pipeline, we kept records. ple who do not share his views. I have What the President is trying to do is from Alberta, came into the United not heard Senator REID demonizing to take into consideration not just en- States and ended up in Wood River, IL, Tom Steyer or any other wealthy lib- ergy but also our environment, so ulti- at the Conoco refinery. It is shipping eral donors. mately we leave a world to our chil- Canadian tar sands down to be refined According to Politico, the majority dren and grandchildren which is safer at the Conoco refinery. And then, after leader was actually scheduled to attend and cleaner than the one we have it is refined, in a pipeline it is distrib- a fundraising dinner at Mr. Steyer’s uted all across the United States. today. My friend the Senator from Wy- home a few months ago. If no Keystone XL Pipeline is ever oming, Mr. BARRASSO, came to the So the coincidence, to me, of the ad- built—and I do not know whether it floor and talked about what he called a ministration’s announcement right be- will or will not be—there will still be a highly secretive, high-level meeting in fore this big liberal political event re- steady flow of Canadian tar sands into Chicago, and then he proceeded to say mains suspicious. The silence of the America for refining. at what hotel it was being held. It is majority leader about one person’s Just this week, Senator KIRK and I not much of a secret if he knows where spending when he has been so out- met with the North American presi- it is being held. spoken about the spending of other dent of BP. They have a huge refinery It is true there are meetings of peo- people is certainly suspicious as well. in Whiting, IN, at the south end of ple who oppose the Keystone Pipeline Maybe that is what the union head Lake Michigan. They are refining Ca- and support candidates who oppose it, meant when he said: ‘‘It’s not the oil nadian tar sands into oil that can be as there are meetings of those who sup- that’s dirty, it’s the politics.’’ What- sold in different products. port the pipeline and support the can- ever the reason, the important thing is I asked the head of the North Amer- didates who join in their position. That that President Obama continues to ican operations for BP what is going to happens to be the nature of the polit- turn his back on thousands of middle- happen to that refinery when it comes ical scene. He even suggested that the class families in desperate need of jobs. to Canadian tar sands? He said: We are person opposed to the pipeline was That is what needs to change. The going to triple—triple—our capacity to going to put $100 million into this cam- administration and this body, con- deal with Canadian tar sands. He did paign. trolled by Senator REID and the Demo- not say contingent on the Keystone I, for one, would like to see an end to crats, can no longer put politics ahead XL. Because, you see, there is a vast big money in our political campaigns. I of policy substance. It is time for the network of pipelines moving Canadian would certainly like to see trans- administration to do the right thing tar sands to the United States already, parency and where it is coming from and to approve the Keystone XL Pipe- and they are already going through a and how it is being spent, but the re- line no matter what the Democrats’ se- refinery—many of them—even the BP ality is, the Citizens United decision cretive billionaires say. refinery in northern Indiana. from the Supreme Court across the Thank you, Mr. President. So this notion that we are somehow street changed the rules and people can The PRESIDING OFFICER. The Sen- turning off the Canadian tar sands play with big money now, a lot of their ator from North Dakota. coming into the United States—if own. Mr. HOEVEN. Mr. President, I will someone is suggesting that, I would What he did not mention were the close. ask them to bring proof to the floor. Koch brothers. I would like to mention It is time for the Senate to vote on We are not. them for a moment because they are this important issue. What the President is doing is trying relevant to this discussion about Cana- With that, I will turn to the Senator to make a decision on what is best for dian tar sands and the Keystone XL from Illinois and again thank him for this country and our economy. He is Pipeline. The Koch brothers are very the additional time. trying to weigh it in a thoughtful man- wealthy, billionaires. They come to I yield the floor. ner. There is an element that needs to play when it comes to the American The PRESIDING OFFICER (Ms. be part of this record. The President is political scene. In the last cycle, we HIRONO). The Senator from Illinois. trying to take into consideration the were able to identify over $248 million Mr. DURBIN. Madam President, I environment. I think he should. I think these two brothers spent on political have listened, as my friends—and they it is his responsibility. causes and campaigns around the

VerDate Mar 15 2010 03:18 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.054 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 29, 2014 CONGRESSIONAL RECORD — SENATE S2453 United States, and we are told they are world, we have to accept some respon- his skills to run a health clinic in Af- going to spend considerably more than sibility in our generation, in our time, ghanistan and to help address the glar- that this time around. to clean up the mess of this environ- ing needs of health care with the Af- Do the Koch brothers have an agenda ment. It may call for some sacrifice as ghan people. John was working in when it comes to this issue? Let me individuals, as families, as businesses, other ways to help build a better to- give an illustration. It was about 3 but I do not think it is too much to morrow for the people of Afghanistan. months ago that I went into the south- ask. He used to teach at Kabul University, east corner of the city of Chicago, an God gave us this great world and where he was remembered as a great old steel mill neighborhood, which hap- asked us to keep an eye on it for the teacher and a great friend. pens to be in the neighborhood where next generation. Are we going to do it He used his expertise in computer Barrack Obama, fresh out of college, or will we ignore it and say: If there is science, not to enrich himself but to was a community organizer. They are money to be made, we can start bring- teach others. Perhaps it is not sur- modest homes, frame homes, primarily ing in any source you wish. That to me prising that John was so focused on Hispanic and African-American popu- is irresponsible. helping those in need when we consider lations. TRIBUTE TO DR. JERRY UMANOS, JOHN GABEL, the example of his parents Gary and They called me down to this section, AND GARY GABEL Betty Gabel, who also dedicated their the southeastern section of the city of Madam President, Robert Kennedy lives to others. Tragically, Gary Gabel, Chicago, to show me something. What once said, ‘‘The purpose of life is to who was visiting his son and his family they wanted to show me were piles of contribute in some way to make things in Afghanistan, was lost as well in the black soot. It is called petcoke. better.’’ Around the world and here at senseless shooting. Gary Gabel helped his community in Petcoke is what is left after you take home, dedicated American citizens are and around Arlington Heights, IL. He the Canadian tar sands, ship them living by this principle, trying to im- was an active member of his church. He through the pipeline to a refinery, prove the lives of those in greatest had a commitment to helping those making diesel fuel, aviation fuel and need. Sadly, on April 24, we lost three most innocent and vulnerable members gasoline. What is left over, this black Americans from my home State of Illi- of society, our children. He worked gunk substance called petcoke. nois who were killed at the Cure Inter- with church youth groups. He provided It turns out that the BP refinery was national Hospital which focuses on ma- a strong model to his community and selling the petcoke to a company ternity and pediatric care in Afghani- his family of a man committed to help- owned by the Koch brothers. The Koch stan: Dr. Jerry Umanos, John Gabel, ing others. I am sure my colleagues brothers were shipping this petcoke and his father Gary Gabel. join me in expressing our heartfelt con- into the neighborhoods of Chicago. The Both John Gabel and Dr. Jerry dolences to the families and loved ones mothers with their kids were calling Umanos were working to help the Af- of those lost and injured in this tragic me to their homes and schools to show ghan people receive health care. In a attack, as well as the countless people me what happened when the wind blew. country still coping with the legacy of whom they helped, all of whom join us When the wind blew, this nasty black decades of terrible conflict that dev- in mourning their loss. They represent stuff flew through the air. It was all astated the medical infrastructure of the best of who we are as a people and over windowsills and buildings, nasty Afghanistan, they were helping by vol- make this world a better place. as can be. unteering to address the real needs of MINIMUM WAGE The city of Chicago is doing some- the Afghan people and improving the Tomorrow, we are going to have an thing about it. They are kind of chang- lives of those whom they assisted. important vote. It is a vote that is ing the equation in terms of petcoke This is Dr. Jerry Umanos. His picture going to be watched carefully by over 1 and what you have to do to store it. is an indication of this young, dedi- million workers in the State of Illinois But if the other side is coming to the cated, idealistic man who lost his life. and millions across our Nation. The floor and saying our people are pure of He was dedicating to helping kids. question is whether the United States heart, they just want to see the Key- After he finished his residency at the of America and its government will in- stone XL Pipeline, the fact is, the larg- Children’s Hospital of Michigan, he crease the minimum wage for workers est benefactors to the Republican could have made some money with his all across the country. Party in the United States today, the training, but instead he decided to help It is an important vote. It would Koch brothers, have a financial and those who needed a helping hand. raise the Federal minimum wage from commercial interest in these Canadian He worked for years at an amazing $7.25 to $10.10 in three steps of 95 cents tar sands, at least in the disposal of place that I have visited, the Lawndale each. If we pass it this year, the final this petcoke. The way they were doing Christian Health Center in the city of increase would occur in the year 2016. it in the city of Chicago was the height Chicago. It is one of those neighbor- This is a 39-percent increase in the of corporate irresponsibility—just pile hood health centers which makes you minimum wage, roughly the same it and let the wind blow it across the feel good about the world, where great percentagewise as the last minimum neighborhood. It is going to be crimi- professionals, such as Dr. Umanos, give wage bill we enacted over the same pe- nal when it is all over after the city of of their time, make very little money, riod of time. It provides for automatic Chicago changes its laws to prohibit and help the poorest of the poor. future increases in the minimum wage this kind of conduct. He was an important part of that based on the cost of living so we do not But those are the things that are at community. They loved him, not only have those lurches from one level to $2 stake in this conversation. I hope at his patients but his colleagues as well. or $3 above it. the end of the day the President makes He worked to help so many in Chicago It raises the minimum wage for the right, thoughtful decision, not just who otherwise did not have a chance tipped workers for the first time in in terms of energy but in terms of our for quality health care. He followed more than 20 years. People find it hard environment, does the best thing for this calling to Afghanistan where the to believe that under Federal stand- America. I hope we also understand needs of people were even greater. He ards, tipped workers receive $2.13 an that if we do nothing with the Key- was dedicated to making a difference hour as their base wage. They are ex- stone XL Pipeline, we are still going to there by helping the Afghan people, by pected to make up the difference with face the challenges with Canadian tar teaching, by making certain that the their tips. We raise it to 70 percent of sands, coming down through the next generation of Afghans had a bet- the minimum wage, phased in over 6 United States, being refined and sold in ter life. The breadth and depth of his years. We extend some business expens- our country and around the world. It is work is a testimony to his love for and ing rules to help businesses invest in a challenge we have to face honestly. commitment not only to the people of their equipment and what they need to I may disagree with some of my col- Afghanistan but to the needy. What a grow the business. We do this in a fash- leagues on the other side. I believe that loss that his life was taken from us. ion to incentivize small businesses to if we want to leave a world for future John Gabel was a man who cared for grow. generations—our kids, our grand- others and made a real difference in This increase in the minimum wage children—that is a cleaner and safer the lives of those he touched. He used brings us down to a very fundamental

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The funda- they will get a decent increase in the are a family with two kids, for exam- mental question is this: If someone is minimum wage through the law. ple, you have to make almost $15 an willing to get up and go to work and I hope my colleagues on the other hour to get beyond the poverty level. work hard every single day, should side will take into consideration that We are talking about $10.10 phased in, they receive a compensation that lets so many of these workers are women and many of those people will still them get by so they do not have to sur- and so many of them are even over the qualify for a helping hand from the vive from paycheck to paycheck or age of 35 and still rely on minimum government because they are still in should they be put in a position where wage jobs. These are not lazy people. very low-income categories. the only way they can survive is with These are hard-working people, people Mr. BEGICH. Thank you for giving government assistance—food stamps, who are working hard every single day me a moment to ask those questions. SNAP program, child care subsidies— for a paycheck that they know is not I rise to address an important issue— things that we provide as a government going to cover their expenses every sin- just as we were asking some questions to people in low-income categories? gle week. back and forth—that would help 49,000 Keep in mind, we are talking about It is time we give them a chance and Alaskans, raising the minimum wage. workers. You see them in Chicago give them a break. It used to be—and I The bill before us would increase the early in the morning. They are the can remember it very well—a bipar- minimum wage to $10.10 an hour. blurry-eyed travelers on those buses tisan issue to raise the minimum wage. The minimum wage, as mentioned by heading off to the workplace. They are President Ronald Reagan, when he my colleagues a little earlier, has lost the ones we see on the trains, quietly was President, raised the minimum its purchasing power by one-third over moving from their homes to where wage. He understood it. If you value my lifetime. The increase will lift mil- they work and repeating the reverse work and you value working people, lions of Americans out of poverty, re- journey every single day as they head you should give them a wage which re- duce their reliance on the safety net, back home at night. spects the integrity and decency of and literally pump billions more into Can you imagine the frustration of work. That is what this is about. That the economy. going through that day after weary day is what this minimum wage is about I know I look at this a little dif- and never, ever catching up, living pay- tomorrow. ferently. I come from the business Without the help of Republicans, it check to paycheck, falling further and world. I come from the small business will fail. If it isn’t done on a bipartisan further behind? That is what is hap- world. My first business was at the age basis, it will not go forward. of 14. I have been in it ever since in pening to too many of them. It is I might add one other item. A min- some form or another. You can prob- amazing to me when we hear the crit- imum wage is injecting into the econ- ably name the business—retail, real es- ics of minimum wages step forward. In omy literally millions of dollars of pur- tate. I have been a publisher. I have our State of Illinois there are two chasing power. People who are living owned different companies, and I have prominent politicians, both of them paycheck to paycheck spend those even owned a small, very small, per- happen to be multimillionaires. Their checks as fast as they can for food, centage of a restaurant. I felt like I views on minimum wage are amazing clothing or shoes, paying the utility was a 100-percent owner at one point to me. One of them, who made $53 mil- bills, paying for a cell phone, putting because it is a tough business. I was in lion last year, said he adamantly op- gas in a car. That money goes right there moving the slop buckets and poses raising the minimum wage. He back into the economy. made $53 million last year. He ada- I ask my colleagues on the other side doing a remodel to the kitchen on a mantly opposes raising the minimum of the aisle, tomorrow break with some Saturday night. I am there like every- wage. of the extreme people in your party, one else working double time and try- Another one of them who is worth join us in a bipartisan fashion and raise ing to make sure we get the job done. My wife is a small retailer. Her busi- millions of dollars himself has said: I the minimum wage. It is only fair. will agree to raise the minimum wage I yield the floor. ness is selling smoked salmon on a but only for people over the age of 26. The PRESIDING OFFICER. The Sen- counter or a cart—no bigger than two He just eliminated half of the people ator from Alaska. of these desks—and building her busi- earning the minimum wage in America Mr. BEGICH. Before the Senator ness now to 5 retail stores, 30-some em- today who happen to be under the age leaves I would like to ask him a quick ployees. I might note none of our em- of 26. question if I could. I know he talked ployees are paid minimum wage. They Let’s think about the people whom toward the end of his comments—and I are paid above minimum wage. he wants to keep on a subminimum am going to speak on minimum wage I know some people are concerned wage. It would include all college stu- also—but he mentioned President minimum wage will cut into their busi- dents under the age of 26 trying to Reagan. I think the last time minimum ness. There is no question in my mind work their way through school. He wage passed was under President Bush, what it does; that is, when we increase would want to give them a submin- again a bipartisan approach; is that the minimum wage, it is actually good imum wage. It would include single correct? I wasn’t here during those for business because we help consumers moms raising their kids—the moms times, but I know the Senator has have more resources to put into the being under the age of 26, they would served in Congress a long time. economy that then churn back into the get a subminimum wage—and it would Mr. DURBIN. I respond through the business world. also include veterans coming back, Chair to the Senator from Alaska. Along with this bill another provi- struggling to find a job. If they haven’t There was a time when there wasn’t sion a lot of people don’t realize is the reached the age of 26, he would give that much controversy associated with minimum wage is one piece, a pretty them a subminimum wage. this. We knew that we waited too long. significant piece but also a provision I have one basic question: What are People had fallen behind in their earn- that I requested be put in this bill, these politicians thinking? Have they ing potential. We had to pick the right what they call a 179. It is a business tax ever left where they live and where number. We came up with it and moved deduction, something that is important they work and met up with some peo- forward on a bipartisan basis. But now for businesses that are growing, ex- ple who are struggling paycheck to things are so partisan and so poisonous panding, building new business, small paycheck to get by? in the Senate that even something as businesses mostly. Tomorrow we have a chance on the basic as raising the minimum wage for This is the No. 1 priority of the busi- floor of the Senate to raise the min- hard-working families turns out to be a ness community that I talk to, not the imum wage, but we cannot do it with political lift. politically driven business commu- Democratic votes alone. If there will Mr. BEGICH. The $10.10 wage is just nities but the ones that actually do not be five, six or seven Republicans getting to the poverty level. That is business and actually work with small who cross the aisle and join us in this what I understand and why I cospon- businesses, the ones that look at their debate, it will fail—and that will be a sored this legislation. local communities and try to figure sad day—because for a lot of these Mr. DURBIN. It basically does for out what is important in legislation. workers this is their only hope that some, but what I found though is if you One is to make sure they can write off

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That is another piece of this bill. working hard every day. great, economy grows, and the next So it not only has an important part Another group it impacts in my issue is businesses are reinvesting be- for the hard-working folks who are State of 49,000 Alaskans is 1,700 vet- cause they have more customers, which making minimum wage to raise that erans—veterans in our country, vet- means more customers more profit. amount, but it also helps the hard- erans in my State who will get a boost. More profit means more investment. working small businesses ensure that What does that mean? When you cal- This is not only a fair shot for the peo- they can continue to put money back culate by family members, it is about ple working, it gives an opportunity for in their business, grow their business, 3,000 families of veterans will benefit small businesses and businesses across expand their business, and then receive from raising the minimum wage. As I this country. some benefit from that. said earlier, it is 49,000 Alaskans, and To put it in perspective for my col- As we know, we look at the whole this is one subset. More than half of leagues who have never been in small issue in Alaska a little differently. Our the Alaskans are women. About 5,000 business or have not run a business, the minimum wage is 50 cents higher than Alaskans will be boosted right out of reason you hire people is because you the Federal level, $7.75. There is a rea- poverty with this change, and it means have demand. Demand is created by ex- son: Because it is very expensive, simi- they will be on less government pro- penditures, expenditures by consumers. lar to the Presiding Officer’s State. It grams such as food stamps. The reason you lay off people is be- is not cheap in our two States, Hawaii I would think we are all here to try cause demand has gone down because and Alaska. The cost of living is much to make government run more effi- there are not expenditures by con- greater. In order for folks to have a de- ciently, improve the economy, and cre- sumers. Raising the minimum wage cent living, we pay a little bit more, ate jobs. That is what we do every day, gives more opportunity, more invest- and we play it off of the Federal legis- we attempt to do every day, and we do ment, more people making money, and lation, but still it is a problem in keep- every day. If we can get people above more return. ing the wage competitive to the cost of poverty, that means fewer government Let me give some national statistics. living. programs, which means fewer govern- Again, this is about making sure we When we look at Alaska and we look ment tax dollars, which means they are give every American, especially those at the cost of living in Alaska—An- living on their own and they have their making a minimum wage today—a chorage specifically is 30 percent high- own capacity to make it in this world. raise in their minimum wage, to give er than the average cost of living in One would think this is a unique op- them a fair shot to be part of the this country and Fairbanks is 40 per- portunity for Democrats and Repub- American dream. cent higher. Again, having this higher licans to be joined together. Why The bill will help 30 million Ameri- ratio for us is very important. wouldn’t we want fewer people on food cans earning an additional $51 billion It doesn’t mean all the time that a stamps because they are making a liv- to put back into the economy over the dollar still goes far. When we look at ing now and able to take care of them- next 3 years by this raise—huge. The the whole country, in terms of buying selves? That is what we all work to- family who today can’t afford the new power, what you can buy for the dollar ward, to have the American dream to car can now maybe look at a new car you earn, Alaska has 3 of the cities in buy that home or live that quality of or maybe they are choosing between the bottom 11. When you look at the life, have that great education, all the groceries and paying their heating bill. whole list, there are 11 at the bottom. pieces to the equation. Now because you are raising the min- Alaska has three of them: Juneau, Ko- Again, I cannot believe we are having imum wage they have an opportunity diak, and Fairbanks, because their dol- a struggle trying to get just a few to pay these bills and enjoy life a little lar can’t go far enough. That is why votes. We don’t want them all. We get bit more. raising the minimum wage will help there are some who are opposed to any- The higher minimum wage will also them be able to purchase more and thing about the Federal Government, help 12 million people in our country to enjoy a better quality of life. but why not support this effort to raise get out of poverty. It could lift 4.6 mil- I will say Alaskans, similar to Ha- people up as President Reagan thought lion out of poverty immediately. waiians, know challenges, and we have about and President Bush thought This is about empowering families, tough jobs because we are kind of iso- about. giving them a fair shot, a chance again lated lots of times and sometimes for- It is this moment, giving these peo- to achieve the American dream, help- gotten that we actually exist in the ple a fair shot, a fair shot to have their ing parents to make ends meet and to Union. And we have to make that point American dream come true; $10.10 raise children in a healthy home and more than once. But it doesn’t matter doesn’t seem like a big stretch, but it an opportunity for them. More than a if we are doing the drilling in the Arc- seems today it is by some politicians. one-fifth of all children in our country tic, which is a great challenge, or fish- In fact, when we look at this—and I have a parent on minimum wage; 56 ing for crab in the Bering Sea, which is know the complaint on the other side percent on a national level are women an unbelievable test of someone’s ca- is this will hurt business. Again, as I making the minimum wage. pacity and ability, but we know how to said earlier, this is good. You are talk- Right now, thousands of Alaskans overcome challenges. We just don’t ing to someone who is a small business- work full time—maybe extra work on want more challenges. person, who pays above minimum the side—but still struggle to put food A minimum wage increase will help wage. I understand the value of making on the table. It is wrong. That is why reduce some of those challenges. The sure my employees, my wife’s employ- raising the minimum wage will be minimum wage is truly, at the rate it ees, have a good, decent wage, because helpful to those families. It saves the is today, an obstacle to try to get peo- when they leave the workplace, when government money by helping people ple moved forward because we don’t they get their paycheck, they will get off food stamps. Also, higher wages have it at the rate it should be. The spend it in the economy. That will help would cut, as I said, food stamps, they $10.10, in a lot of minds, is an easy step grow the economy. estimate by $4.6 billion a year. We have over a 2- to 3-year period, and it is hon- I know some will talk about the CBO been very good at moving the deficit estly one we can fix. We can fix it to- report and all of these government re- down—a $1.4 trillion deficit annually, morrow. We just need a bipartisan ap- ports, but let me put it this way. The down a little over $500 billion and con- proach as it happened under the last two times the minimum wage has tinuing to go down. I think we all want Reagan administration, it happened been raised, the economy didn’t col- to see that deficit go to zero. under the Bush administration. Again, lapse, people weren’t fired—actually, The way we do that is with programs to remind folks who may not be famil- the economy grew. So I don’t under- such as this that engage the private iar with those two Presidents, they stand that comment and debate. sector and their responsibility, at the were Republicans. We did it, and I I know they will whip out these re- same time lowering costs for the gov- wasn’t here, but Democrats and Repub- ports, and I am appreciative of those ernment. Also, an interesting statistic

VerDate Mar 15 2010 03:18 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.058 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2456 CONGRESSIONAL RECORD — SENATE April 29, 2014 is that it also increases the wages, ob- at who is sponsoring; look at the con- to have the life they did then. In fact, viously, by the minimum wage going tent of the bill. If we like the bill, we it would be impossible because today up. So it increases and strengthens So- sign on. We participate. Too much time the minimum wage has failed to keep cial Security because now they are is spent here worrying about who is pace with inflation. The minimum paying into Social Security. Social Se- sponsoring what, who is on the list, wage today is $7.25—nowhere near what curity contributions from an extra $51 who made the comment. Who cares? If it would need to be to keep pace with billion in wages would go right to the it is a good piece of legislation, then we the rise in the cost of living. trust fund. Since benefits are tied to should do it. That is why we are here today—to lifetime earnings, workers will earn In my State we will have raising the raise the minimum wage to $10.10, larger checks when they retire. Right minimum wage on the November ballot which is still below the $10.71 it would now an average minimum wage worker because Alaskans signed an initiative— have been for Robert Quimby, making with 40 years of paying into the system 35,000 or 40,000 people—saying this is minimum wage in a grocery store, if it receives only 900 bucks, give or take a the right thing to do for Alaska. I had kept pace with inflation. In fact, it few bucks, at the age of 65. That is well think it is the right thing to do not is well below what is necessary to en- below the poverty line. only for Alaska but for this country. It able families to continue a normal life. So why wouldn’t we want to raise the is important that we do this because it That is why they are living in pov- minimum wage, move people out of is our obligation to make sure for Alas- erty—working men and women living poverty, get more people off of food kans and for all Americans that we in poverty—despite being paid the min- stamps, save the government some don’t create obstacles in their ability imum wage. That is a travesty and a money, and, by the way, help strength- to reach the American dream, that we mockery. It is a moral outrage. It is en Social Security and give families make sure they have a fair shot at any- bad for our economy, it is bad for our and individuals a fair shot to meet and thing they want to do. families, it is bad for the fabric of our reach the American dream? Why I hope tomorrow we will have a dif- society, and it is bad for America. wouldn’t we want to do that? Again, ferent outcome than the pundits are I am proud to support an increase in under the Reagan administration and predicting. They think it will fail to- the minimum wage. I am proud Con- the Bush administration, they seemed morrow. I hope not. But if we fail to- necticut has decided it will raise the to think it was a good idea. morrow and don’t get enough votes minimum wage to $10.10 an hour—still I agree with the Senator from Illinois from the other side, it is not that we below that $10.71 that is needed to get who was on the floor a little while ago. lose the battle today but that the by today. If we weren’t in this toxic political en- American people lose. Alaskans lose. We know the impact on families. We vironment where everything has to be The 49,000 Alaskans I mentioned will know the impact on children. We see politicized until the last man is stand- lose. The 1,700 veterans in my State them in our schools—millions of chil- ing, we would probably do this. We will lose. Let’s try to do something to dren, 14 million children—in families would be down here together talking make them winners and give them a who are paid less than a minimum about how it would help our folks in shot. wage. We know the impact on our vet- our different States and in our commu- Madam President, I yield the floor. erans. Half a million or more are paid nities and in the country overall. In- The PRESIDING OFFICER. The Sen- less than the new minimum wage our stead, everyone wants to just kind of ator from Connecticut. bill would establish. That is itself an even the scorecard. This is not about a Mr. BLUMENTHAL. Madam Presi- outrage. Men and women who have scorecard; this is about giving a fair dent, I think many of my colleagues served and sacrificed for our country shot to Americans, to Alaskans, so feel very at home with this image, come back to civilian life to be paid they have a chance to make a living which is a reminder of a household less than what they need to stay out of and meet and reach the American name—Ramona and her father. It is a poverty. They are working and work- dream. great story written by Beverly Cleary. ing hard but still making less than a This is a simple thing for us to do, In fact, it is a prize-winning story, part minimum wage. These are veterans and we could do it tomorrow. I don’t of a series, and my favorite of the se- who have served our country, who have know what the House will do, but ries, Ramona the Pest, was written in put their lives on the line, have put maybe if we act in a bipartisan way 1968. themselves at risk, coming back to a here, the House will see that. Maybe In 1968 and in this story Ramona’s society that rewards them—rewards they will wake up and see this is a good dad is struggling, along with his wife them—with less than what they need thing to do because if we want to build Dorothy—his name is Robert—to get to survive. the economy, if we want to make a dif- by and keep the family together on a I have talked to a lot of ference, as I said—and I am talking as minimum wage job, which in 1968 paid businesspeople. Some of them are ap- a small businessperson—if we grow the $1.60 an hour. Today the minimum prehensive, no question about it, but a amount of money consumers spend by wage, if it had kept pace with inflation, lot of them say: Our workers are more making sure they make a good living, would be $10.71 an hour. productive because we pay well above the net result will be that every busi- We know, many of us—and probably the minimum wage. nessperson benefits because they have many of my colleagues who have read Many who will be impacted by this more consumers, more people buying this story—that Robert and Dorothy law if it is passed say it is the right products. In turn, everything from Quimby are engaged in a quiet struggle thing to do, and they support it. I am manufacturing, to shipping to the re- to make ends meet. Even as Ramona is talking about, for example, Max tailer, to the large business, the small engaged in all kinds of antics and play, Kothari. For 25 years he, along with his business—all benefit. he is working as a grocery bagger at a wife Parul, has owned and operated Again, it is amazing to me that we local store. Ramona’s mother is work- Star Hardware in Hartford—one of the debate this issue. Actually, I was not ing too—an early example of a two- oldest hardware stores in the State of planning to come to the floor until last family household and two-income fam- Connecticut. He supports this measure week because I thought this should be ily. They are able to keep their family to raise the minimum wage to $10.10. easy. Why are we not doing this? Re- afloat on that minimum wage in 1968— So does Doug Wade, who operates one publican Presidents saw it as a good $1.60 an hour in 1968. of the oldest dairy companies in the idea. Now that it has been a long time For millions of Americans who read State, started by Doug’s great-grand- coming, it is time. Ramona’s story today, the idea of a father in 1893—Wade’s Dairy in Bridge- I know some don’t like the current minimum wage enabling a family to port. He supports raising the minimum President. I have my issues with him, I stay afloat, keep a roof over their wage. can tell you that. The list is long. But heads, and food on the table is a story- A thousand businesspeople have we should not get caught up in the per- book fiction. It is very difficult today signed a statement and petition—we sonalities. I tell my staff all the time— to believe that Robert Quimby, as a mentioned it this morning—that sup- when I get a piece of legislation a bagger in a grocery store, could enable ports raising the minimum wage. They Member is proposing, I say: Don’t look his daughters, Ramona and her sister, say it is a fairness issue. It is simply a

VerDate Mar 15 2010 03:18 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.059 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 29, 2014 CONGRESSIONAL RECORD — SENATE S2457 way to give folks a fair shot at the but if it does, we bring it back, and we spend. They will spend it on Main American dream, a fair shot at a qual- continue to bring it back as long as Street. And that is what is lacking ity of life that is good for their fami- necessary to ensure a fair shot for all right now—consumer demand—con- lies and children, good for our society, Americans who work hard and play by sumers with enough money to spend on and, by the way, also good for our the rules. Main Street. All the economists will economy. Madam President, I yield the floor. basically tell you it is the lack of ag- We know that $35 billion would be The PRESIDING OFFICER. The Sen- gregate demand that is keeping our added to consumer demand because ator from Georgia. economy from moving ahead. Tomor- folks who make minimum wage, if it is Mr. ISAKSON. Madam President, I row at noon we will have a vote on raised to $10.10, are not going to put ask unanimous consent to be recog- that. the difference under their mattresses. nized for up to 2 minutes as if in morn- Tens of millions of American families They are going to spend it. They are ing business. are struggling, trying to make ends going to buy more food, clothing, and The PRESIDING OFFICER. Without meet to give their kids a little bit bet- gas for their cars. They are going to objection, it is so ordered. ter life. And, quite frankly, a lot of buy things that drive the economy. TRIBUTE TO BILL CATHCART them on low wages are on public assist- They are going to purchase stuff that Mr. ISAKSON. Madam President, ance which is costing American tax- creates demand and more jobs and this Friday, May 2, a gentleman from payers nearly $250 billion every year— business for Max Kothari at his hard- Georgia will retire after 29 years of in food stamps, earned income tax ware store and for Dough Wade at his service. credits, Temporary Assistance to dairy. William—Bill—Cathcart, with WTOC Needy Families, and Medicaid. Add all This kind of reasoning is not ad- for 29 years as general manager and 2 those up and it is about $243 billion a vanced economic theory; it is basic years with the firm, will be saying year. common sense. Americans understand goodbye to his leadership with WTOC, Taxpayers are subsidizing a lot of it. That is why Americans support rais- one of the leading media stations of the these companies that are paying very ing the minimum wage as a matter of coast of Georgia and one of the leading low wages. Many of the companies that fairness and enlightened self-interest media stations around our State—a pay such low wages are large, multibil- economically. It is the right thing to station I have dealt with often, and a lion dollar companies raking in big do. station I have found to be professional, profits and showering their CEOs with The arguments made against it are fair, and thorough. wealth. The average CEO pay of a without basis rationally and economi- In fact, even as I speak on the floor Standard & Poors 500 company was 21 cally. The ones who suffer from the of the Senate today, my State of Geor- percent more last year than in 2009. In minimum wage as it exists right now gia has already had a bad shooting in- other words, from 2009 until the end of are not teenagers. I know there is a cident this morning, terrible tornadoes last year, CEO pay at these 500 compa- myth that they are part-time workers this afternoon, and bad weather com- nies went up an average of 21 percent. or teenagers. That is just not true. ing in this evening. It makes me appre- However, since 2009, the minimum Nearly ninety percent of minimum ciate the broadcast network and the wage has not increased 1 penny. The wage workers are adults. They are dis- people who come together to let our CEO pay averages now about $11.7 mil- proportionately women and people of citizens know about things happening, lion a year, while a minimum-wage color and workers with disabilities, and giving them early warnings about bad worker today makes $15,000 a year. they will be helped disproportionately weather and reporting the news fairly That is working full time, all year, no by raising the minimum wage. But and straight. time off. they are not teenagers or part-time Bill Cathcart is a great Georgian and It was pointed out to me that a CEO workers. They are deserving, for the a great American. He has done a tre- earns that $15,000 by about 11:30 a.m. on hard work they do, of fair pay and a mendous job for our State and for the first day of work of the year. Imag- fair shot. That is all the minimum WTOC. I wish him the best upon his re- ine that. By 11:30 a.m. on January 2— wage would really do, is give them a tirement. I hope he will always call on assuming they don’t work on January fair shot at economic opportunity. me if I can ever be of help, and I thank 1—they make $15,000. The minimum- And those veterans, they deserve him for all he has done for me. wage earner has to work the rest of the more than a fair shot. They deserve a I yield back my time. year to make that $15,000. And many of hand up, not a handout. There is noth- The PRESIDING OFFICER. The Sen- these companies are paying the min- ing about the minimum wage that is an ator from Iowa. imum wage. entitlement. It is simply fair pay and a Mr. HARKIN. Madam President, to- It is the families who are getting fair shot. We have trapped half a mil- morrow about noon we will be voting hurt. This is wrong. This is not what lion of those veterans in poverty—3,800 on something in the Senate that I dare- America is about. We want people who veterans in Connecticut alone who will say a lot of Americans will be paying get up and go to work every day to be benefit from the $10.10 minimum wage. close attention to. The reason they are able to rely on that work to support But we should guarantee that in this going to be paying close attention is themselves. Working families want great land—the greatest in the history because that vote will affect them and that, too. They want a paycheck which of the world—people such as Ramona’s their families in the future in a very supports them, gives them a fair shot dad, Robert Quimby, and Dorothy big way. That vote will be on whether at being a member of the middle class, Quimby and her sister are being paid at we will actually bring debate to a close and a fair shot of achieving the Amer- least what they were getting back in and vote on increasing the minimum ican dream. 1968 in today’s dollars. That is the way wage in America. So now we can do something about to keep families together. That is the If we were to bring that to a vote, we it. We know that raising the minimum way to keep faith with the dream all could pass it, the President would sign wage will help tens of millions of work- Americans have that they will have a something like that into law, and in 6 ers. When we raise it to $10.10, as our fair shot. months the minimum wage would go bill does, the bottom fifth of the work- No one who works full time should up by 95 cents an hour; then next year force—nearly 30 million workers—will live in poverty. No one who works it would go up by another 95 cents; and get a raise. should be so poor that they can’t put the year after another 95 cents from By the time this fully phases in at food on the table or provide clothes for where it is now at $7.25 an hour. $10.10 in 3 years, nearly 7 million peo- their children, or give them the erasers What we are going to vote on tomor- ple will be lifted out of poverty. If we that Robert Quimby gave his daughters row will have a drastic effect on mil- want an antipoverty program, we have as a gift. lions of American families—and it is it tomorrow when we vote on raising To enable 14 million children in going to have a big effect on our econ- the minimum wage. Seven million peo- America to have a better life, let’s pass omy, because it will boost our economy ple will be lifted out of poverty, and it this measure. And let’s make sure that and get the wheels going again, be- won’t cost the American taxpayers one if it fails this week—and it shouldn’t, cause people will have more money to single dime, and taxpayers basically

VerDate Mar 15 2010 03:18 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.061 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2458 CONGRESSIONAL RECORD — SENATE April 29, 2014 will save money because we won’t be As I said, the historical evidence is you use the CBO estimate of close to 1 putting as much money out for public there has not been any job loss gen- million workers lifted out of poverty or assistance such as food stamps. erally—not among teenagers, not the results of more sophisticated eco- I thought it was kind of interesting among restaurant workers. In fact, this nomic research showing that up to 7 that the Ryan budget the House passed year there has been more job growth in million workers will be lifted out of cuts more than 3.8 million people off of the 13 States that raised their State poverty by the time the bill is fully im- food stamps. In raising the minimum minimum wages at the start of this wage, our bill would save billions of plemented, the evidence unequivocally year than in the States that didn’t shows that raising the minimum wage dollars—about $4.6 billion a year—not raise their minimum wage. Let me re- is an effective poverty-reduction tool. by cutting people off of food stamps, peat that. There has been more job but by getting their income up so that growth in States that raised their min- But I will be the first to admit—and over 3 million people don’t have to rely imum wage beginning in January of gladly, proudly—that this bill doesn’t on food stamps. So under the Ryan this year than in the States that didn’t just help people in poverty. It also budget, people are kicked off of food raise their minimum wage. A lot of helps low-income families who are stamps and they still get minimum businesses are now understanding this. above the poverty line, and that is a wage. Under ours, you get a raise in the They understand that, as economists good thing. That is a good thing. A lot minimum wage and you don’t have to will tell you, it is the lack of aggregate of low-income working families will rely on food stamps, and you save demand: not enough customers. People get a raise. Here is basically the break- about the same amount of money. don’t have enough money. Again, I am mystified by how vehe- down: 52 percent of those who will get My Republican friends want to give a raise have family incomes under mently my Republican colleagues op- more money to the top, more tax cuts $40,000; 31 percent, $60,000; and 17 per- pose raising the minimum wage. Cer- for the wealthy. They get more cent, $40 to $60,000. So, again, it is for tainly they must know the polling money—millions more—a year. They data, that the vast majority of Ameri- don’t necessarily spend that on Main the people. Families making $40,000 a cans support raising the minimum Street. They may go to Paris, they year will actually get a boost. How wage to $10.10 an hour. But it seems my may buy a new jet, a new big yacht. could that be? One person may be mak- friends on the Republican side are sort They do things like that, but it doesn’t ing $20,000 and the other person may be of locked into some philosophy or ide- really put money right on Main Street. making $15,000 or $18,000. They get a ology that says there shouldn’t be a What small businesses and most boost in the minimum wage, and they minimum wage. In fact, some of my economists know is that when you benefit. Is that wrong? I don’t think colleagues on the Republican side actu- raise the minimum wage, those people that is wrong at all. These are still ally believe there should be no min- who get that raise aren’t going off to imum wage. None. Nothing. Well, we struggling families, struggling to make Paris. They aren’t buying a private jet. sure they get enough for their kids, got over that 70 years or more ago, in They are spending it on Main Street in 1938, when we first passed a minimum- make sure they put a little away for a their local stores and local businesses, rainy day, help their kids get a good wage law in America. and that gives a great economic boost Again, we hear from the other side education. to our whole economy. that by raising the minimum wage So when we focus on the best re- Evidently, our friends the Repub- there will be this massive loss of jobs. search, the latest research that has licans are saying: Look, we should only That is simply not true. It is a myth. been done, it unequivocally shows that have something that benefits those But it is brought up every time. I have been in Congress now 40 years. raising the minimum wage does not who are in extreme poverty. Then they We have raised the minimum wage sev- cause a job loss. Again, 600 economists, turn around in the Ryan budget and eral times during that period of time including 7 Nobel prize winners, have cut food stamps. What are they saying? both under Democratic and Republican endorsed a minimum wage hike of You know what they are really saying: Presidents. Every time it has come up, $10.10 an hour. Six hundred economists, Tough luck. You are on your own. If we hear that same old song: It is going including 7 Nobel prize winners, signed you are a minimum wage worker, to cost jobs. Guess what. Every time a letter supporting $10.10. tough luck, and we don’t want to raise We urge you to act now and enact a three- we raise the minimum wage, there has your minimum wage. been no big loss of jobs. So there are no step raise of 95 cents a year for three years— which would mean a minimum wage of $10.10 Well, 69 percent of the workers who historic facts my Republican col- by 2016—and then index it to protect against would get a raise under this bill have leagues can point to to show that rais- inflation . . . these proposals will also use- incomes that are under $60,000. So, yes, ing the minimum wage costs jobs. fully raise the tipped minimum wage to 70 They do refer to the Congressional percent of the regular minimum. not everybody who is going to get a Budget Office study. Actually, that is The evidence now shows that increases in benefit from this is in poverty, but it wrong. It was not a Congressional the minimum wage have had little or no neg- will raise nearly 7 million people out of Budget Office study. They didn’t do a ative effect on the employment of minimum- poverty and will also help some of our study themselves. What they did is wage workers. Even during times of weak- ness in the labor market research suggests lower and middle-income families in looked at the literature out there that a minimum-wage increase could have a America. I say that is a good thing, going back many years on potential job small stimulative effect on the economy, as and I am proud that it does. losses. Some of the old studies showed low-wage workers spend their additional Consider an example. Jane and Joe— there would be a job loss; under a new earnings raising demand and job growth and study they said there wouldn’t be. providing some help on the job front. those are not their real names—are What CBO did is they averaged them So, again, forget about the job loss. from Buchanan County in Iowa. They all and said: Here is the average. They That is not going to take place. What have two young boys. She is a waitress didn’t say specifically 500,000 jobs will take place is we will lift 7 million and earns a few dollars an hour plus would be lost. They said somewhere be- people out of poverty and 14 million tips. He works at a gas station for $7.25 tween zero and 1 million jobs will be children in America will be in families an hour. They rely on food stamps and lost, so we will pick the midpoint at who will get a raise. That will be good Medicaid. They have applied for assist- 500,000. But, again, there is no histor- for our kids. ance through the Low Income Home ical evidence for this in terms of look- We also hear from Republicans that Energy Assistance Program. They ing back. some of the people who are going to work opposite shifts, so they don’t We can go back and look at what benefit from a raise in the minimum have to pay for childcare—and it is dif- happened to our economy every time wage aren’t the poorest of the poor. It ficult to find adequate care for their we raised the minimum wage, and is not just people below the poverty younger son’s medical needs—but this there has not been a massive job loss. line, but a lot of other people will means they hardly ever see each other. There has been shifting of jobs. People make more money, so therefore it must A minimum wage increase would allow have been raised out of poverty. Work- not be a good policy. ing families do better. But there has First of all, I want to dispel the myth them to be together more as a family. been no massive job loss. So this is an- that raising the minimum wage does David is a pizza cook in Iowa. He is other myth. not affect poverty. It does. Whether getting married soon and has a child on

VerDate Mar 15 2010 04:35 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.062 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 29, 2014 CONGRESSIONAL RECORD — SENATE S2459 the way. He earns $9 an hour at his tors—the Walmarts and McDonalds and come tax credit is after you file your pizza job. So what did he do? He took other big businesses—pay rock-bottom taxes—then you get a refund. That is on another job framing houses. He is wages that force their workers into once a year. Families don’t live like working about 65 hours a week, no public assistance. Well, this places re- that, especially low-income families. overtime. He has two jobs, so he is sponsible small businesses at a com- They have a budget month after month working 65 hours a week. That is still petitive disadvantage. It forces them to for heating, for electricity, for fuel, for not enough. If he worked an entire year subsidize their competitors’ low wages car repairs, for clothes for the kids. at 65 hours a week, he would only earn through their tax dollars. That is not They cannot count on what is going to $30,400 a year. He is working 65 hours a fair. It is bad for workers, small busi- happen next year. Their income tax week. That is technically above the ness, and our economy. Small business credit is good, but it only happens once poverty line, but no one would say he owners understand this, and that is a year. That is not very good for budg- is making plenty of money and he why the majority of them support this eting purposes for any family. After couldn’t use a raise. He is starting a bill. Again, opinion polls—small busi- all, the gas company will turn your gas family. nesses support the minimum wage 57 off in the winter even if you are going When we raise the minimum wage, percent to 43 percent because they un- to get an earned-income tax credit next David will get a raise at both of his derstand that a raise in the minimum April or May. They don’t take that jobs. At one job he is making $9 an wage means their customers are going into account. They take into account hour, and at the other job he is making to have more money to spend on Main the fact that you cannot pay your bill $9 an hour. He gets a raise at both. He Street. then. So the best way to help low-in- told the Quad City Times that a min- That is why today I received a letter come families—minimum wage-earning imum wage raise would mean quite a from Business for a Fair Minimum families plus low-income families—the bit to improve his life and help his Wage, and 1,000 businesses, large and best way to help them throughout the growing family. So, yes, he is making small, across the country support rais- year is to increase the minimum wage. 30,400 bucks a year working 65 hours a ing the minimum wage to $10.10 an Again, all the arguments we hear week—two jobs. hour—1,000 all across America. I ask from the other side of the aisle don’t You say: No, he shouldn’t get this unanimous consent to have this letter hold water. Today, while what I heard minimum wage increase. printed in the RECORD following my re- from the other side of the aisle is more That is what I hear from my Repub- marks. talk about the Keystone Pipeline—as if lican colleagues. But these are the So this letter and the polls show that that is going to solve all our prob- types of families who are struggling. most small businesses get it. They lems—all we have to do is build the They need a boost, and we want to give know that increases in the minimum Keystone Pipeline, and that solves all them a boost. We want to help them wage will increase consumer demand. of our problems. It does? The res- earn more money—not get more in food They also know they will have loyal, taurant worker in Maine, the hospital stamps or government programs but productive workers who will stay orderly in South Carolina, the parking earn more money to provide for their longer and save businesses from having lot attendant in Mississippi—they are families and build a better life and to constantly hire and train new peo- all going to benefit from the Keystone have a fair shot at the American ple. Experienced workers who have Pipeline? I don’t think so. Somehow dream. been on the job longer are more effi- that is going to take the place of rais- My Republican friends are not only cient and deliver great customer serv- ing the minimum wage. opposing a raise, they are proposing ice that keeps customers coming back. So they are trying a little diversion drastic cuts to programs that low-wage Finally, some of my Republican col- on this Keystone Pipeline. We will pro- workers must rely on to survive. As I leagues have suggested that we vide some jobs, yes, for a couple of said earlier, the Ryan budget cuts more shouldn’t raise the minimum wage be- years, and when that is over, then what than 3.8 million people off of food cause they are better served by the are you left with? And those kinds of stamps, leaving them without any life- earned-income tax credit. I support the jobs are not the kinds of jobs low-in- line to put food on the table. By con- earned-income tax credit, and, unlike come workers would get, which would trast, raising the minimum wage would many of my colleagues on the other be pretty high-skilled, high-paying jobs reduce the food stamp rolls by almost side, I actually want to see it expanded for the Keystone Pipeline. So it doesn’t the same amount—as many as 3.6 mil- so it better serves young and childless really hold water that the Keystone lion people—because it would allow workers. Right now, if you are under Pipeline is going to be the end-all and them to earn enough money to buy the age of 25 and you are making the be-all for the economy. It just won’t. food for themselves. Both proposals minimum wage of $7.25 an hour, you Raising the minimum wage is the save the taxpayer money, but under are making too much money to qualify most commonsense, practical thing we our proposal people get to eat. They for the earned-income tax credit. If you can do right now to help low-income get to put food on the table. are over age 25 and you make the min- families, give a boost to our economy, I have a hard time giving a lot of cre- imum wage, $7.25 an hour, and you and save the taxpayers money. So I dence to people who say the increase of have one child, you get $3,250 in hope all my colleagues will do the right the minimum wage doesn’t really help earned-income tax credit, plus your thing. people who are in poverty. It is untrue. childcare tax credit. That gets you up So I hope all of my colleagues will do The professed concern about the poor- to 19,300 bucks a year. What a deal. But the right thing tomorrow, allow us to est of the poor stands in stark contrast if you are childless, you get no earned- proceed to debate, and vote on increas- with a Republican agenda that would income tax credit. ing the minimum wage. Millions of increase poverty and sacrifice a pro- The veterans who were mentioned American families will be watching gram that helps low-wage working earlier—let’s say a vet went into the this vote tomorrow. If they are work- families survive. military when he or she was age 18. ing hard during the day, they won’t be Now I want to dispel another myth— They got out after 3 years, 21 or 22, and tuning in to C–SPAN, but they will that it would hurt small business. We they went out and got a job, a min- read about it, and they will know what hear about this all the time, but every imum wage job. They do not get the this Senate did about their paychecks small business I have talked to says earned-income tax credit. and what we did about their desire to their biggest problem is not payroll I am for expanding it. Let’s expand have a better life for their families, for costs; it is lack of demand, lack of cus- the earned-income tax credit to cover their kids, and for their future. tomers. They don’t have customers childless workers under the age of 25. I will also say this. If my Republican with money to spend. So raising the My Republican colleagues won’t sup- colleagues will join with us—at least minimum wage would help their bot- port that. They won’t support that. five or six of them because we need 60 tom line. The earned-income tax credit does votes to get over the filibuster—if we A lot of small businesses I talk to provide some good support, but think get five or six, then we can move to the also tell me they are frustrated, infuri- about this: It only does it once a year. bill. I hope we will get 5 or 6 or 8 or 10 ated by the fact that their competi- The only time you get the earned-in- Republicans who will join us. If not, we

VerDate Mar 15 2010 03:18 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.064 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2460 CONGRESSIONAL RECORD — SENATE April 29, 2014 will be back. This issue is not going Over the past few weeks, the Senate among us—the people who are strug- away. I can guarantee we will be back. majority leader has relished in making gling. The working class Hispanics, Af- We will be back again and again and personal attacks on two private citi- rican Americans, and single moms are again. zens, David and Charles Koch, on this the ones paying the price for the great The American people need a raise. Senate floor. He has used the Senate stagnation in which we find ourselves. CEOs are getting their raises: a 21-per- floor for the purpose of attempting to According to Gallup, the percentage cent increase since 2009—a 21-percent assassinate their character. They have of Americans who describe themselves increase, an average CEO is paid; zero committed no crimes, although the as middle or upper class fell 8 points increase for minimum wage workers. It majority leader appears to treat it as a between 2008 and 2012. President is now time to play a little catchup crime that they don’t support him po- Obama’s terrible economy doesn’t dis- ball and provide fairness for low-in- litically. Many political observers can criminate. It hurts Americans from come workers in America. So that is see this for exactly what it is: a des- every demographic. On the President’s the vote tomorrow—a values vote, perate political strategy designed to watch, women have lower incomes American values, family values, sound distract from the economic misery that today. The median income for women economic values. That is what the vote is being visited on the American people has dropped by $733 since President is about tomorrow. I hope and I trust by a failed economic agenda. The Sen- Obama took office, and, indeed, pov- that some of my colleagues on the Re- ate majority leader is using the Senate erty among women has gone up mark- publican side will join with us so we floor to run a political campaign edly under President Obama. The pov- can move ahead to give working Amer- against entrepreneurs and philan- erty rate for women has increased from icans a raise and a fair shot at the thropists who have dared to stand and 14.4 percent when the President took American dream. speak out against the failed Obama office to 16.3 percent. In real terms, There being no objection, the mate- economic agenda. The reason he is that means 3.7 million more American rial was ordered to be printed in the doing so should not surprise anyone. women are in poverty today than when RECORD, as follows: On substance, the record of this admin- the President took office. BUSINESS FOR A FAIR MINIMUM WAGE istration cannot be defended. They The President is not responding to FEDERAL SIGN ON STATEMENT can’t talk about how great ObamaCare any of this. Instead, we see the Presi- As business owners and executives, we sup- is working because millions of Ameri- dent, we see the Senate majority leader port raising the federal minimum wage to shifting to the topic of a mandated strengthen our economy. The minimum wage cans have lost their health insurance of $7.25 an hour amounts to just $15,080 a plans and lost the doctors they like, Federal minimum wage in an effort to year for health aides, childcare workers, despite the President’s repeated prom- change the subject. But the undeniable cashiers, security guards and other min- ises to the contrary. Health insurance reality, the undeniable truth is that if imum wage workers. With less buying power plans have skyrocketed in States all the President succeeded in raising the than it had in the 1960s, today’s minimum across this country, especially for minimum wage, it would cost jobs for wage impoverishes working families and young people in the individual market the most vulnerable. The people who weakens the consumer demand at the heart who are seeing their rates sometimes have been hurt by this Obama economy of our economy. Raising the minimum wage makes good double or triple. And they certainly would be hurt worse by the minimum business sense. Workers are also customers. can’t talk about the state of the econ- wage proposal before this body. Minimum wage increases boost sales at local omy. In 2013, the President, in his State of businesses as workers buy needed goods and Today, we have the lowest labor force the Union address, proposed raising the services they could not afford before. And participation since 1978. The official minimum wage to $9. A year later, the nothing drives job creation more than con- unemployment rate is 6.7 percent, but request has magically changed to sumer demand. Businesses also see cost sav- that doesn’t capture the millions who $10.10. There is no economic justifica- ings from lower employee turnover and ben- are underemployed. When we include tion. The only reason is politics. I sup- efit from increased productivity, product pose if the approval ratings of Demo- quality and customer satisfaction. Increas- them, the number rises to 12.7 percent. ing the minimum wage will also reduce the The rates of poverty in the United cratic Members of this body continue strain on our social safety net caused by in- States are right now at historic highs— to fall, in another month we will see a adequate wages. 15 percent. As CNN recently noted, this proposal for $15 an hour and then A recent national poll shows that 67 per- is ‘‘the first time the poverty rate has maybe $20 or $25 an hour. cent of small business owners support in- remained at or above 15 percent 3 years But I think the American people are creasing the federal minimum wage and ad- running since 1965.’’ tired of empty political show votes. justing it yearly to keep pace with the cost Among full-time workers, there are The nonpartisan Congressional Budg- of living. The most rigorous studies of the et Office says that raising the min- impact of actual minimum wage increases more than 3.8 million fewer employed show they do not cause job loss—whether today than there were before the reces- imum wage could cause the loss of during periods of economic growth or during sion. The number of people not in the 500,000 to 1 million jobs. I want the recessions. The minimum wage would be labor force today is at its highest level American people to realize, and every over $10 if it had kept up with the rising cost since 1978. Over 91 million people are Member of this Senate, that votes for of living since the 1960s instead of falling be- not in the American workforce. Rough- the minimum wage is voting to tell up hind. ly three of five working-age Americans to 1 million Americans: Your jobs don’t We support gradually raising the federal have jobs today. This is a travesty. It matter to me because I am voting to minimum wage over three years to at least take away your job. $10.10 an hour, and then adjusting it annu- is a denial of the American dream to ally for inflation to keep up with the cost of millions of people across this country. By the way, this view is not only the living. A fair minimum wage makes good Long-term unemployment persists. view of the nonpartisan Congressional sense for our businesses, our workforce, our Nearly 36 percent of the unemployed Budget Office. On March 12, 2014, over communities and our nation. are long-term unemployed. When 500 economists, including three Nobel Mr. HARKIN. Madam President, I President Obama took office, the aver- Laureates, sent a letter to Congress yield the floor. age number of weeks that an individual that said the minimum wage is a poor- The PRESIDING OFFICER. The Sen- was unemployed was 19.8. Today, the ly targeted anti-poverty measure. I ator from Texas. average duration is 35.6 weeks. will give one example from my home Mr. CRUZ. Madam President, I rise It is also a good thing the President State. GO-Burgers, which is a Texas today to address the idea of raising the has begun to talk about income in- company with six Burger King res- Federal minimum wage from $7.25 an equality. It is a good thing because in- taurants, analyzed the effect of the hour to $10.10 an hour. But first I wish come inequality has increased dramati- minimum wage increase on their em- to spend a few moments talking about cally under President Obama. Today, ployees and their businesses. The last the state of the Senate and why the the top 1 percent in our economy earn minimum wage increase we have seen latest push for a higher Federal min- a higher share of our income than any was from $5.85 an hour in 2007 to $7.25 imum wage isn’t an issue that appears year since 1928, and those who are an hour in July of 2009, and 2010 was to be driven by solving the underlying being hurt the most in the Obama the first complete calendar year that economic problems our Nation faces. economy are the most vulnerable GO-Burgers had to analyze the impact

VerDate Mar 15 2010 03:18 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.066 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 29, 2014 CONGRESSIONAL RECORD — SENATE S2461 on their workers. GO-Burgers discov- economic ladder that led him to pull to are coming to Texas because Texas is ered that raising the minimum wage by the second and the third and the where the jobs are and Texas is where 23.93 percent caused these Burger King fourth. This bill, if it were to pass, the salaries are. restaurants to reduce the available would hammer those on the bottom of Oil and gas industry jobs in Texas hours worked by 24.98 percent, for a net the economic ladder and would take paid, on average, 150 percent more than sum loss in hours and wages for the away jobs from the most vulnerable other private sector jobs in Texas— typical employee. among us. $128,000 a year compared to $51,000 a Let me repeat that. The experience So what should we do instead? We year—in 2012. in these Burger King restaurants was can talk about the problems we have in In the 23 counties atop the Eagle the employees were worse off after the this country, but we need to talk Ford shale in South Texas, average minimum wage was raised because proactively about better solutions. wages for all citizens have grown by their hours got cut in direct response Fortunately, we are on the cusp of a 14.6 percent annually since 2005. to the increase. These six restaurants great American energy renaissance. The top five counties in the Eagle eliminated over 40 jobs and reduced the I have introduced legislation to re- Ford shale region have experienced an average number of hours worked per move the barriers to developing the average 63-percent annual rate of wage employee. In total, these six Burger abundant energy resources we have in growth. King restaurants reduced the man- this country—barriers that, if removed, How many millions of Americans hours allocated by over 60,000 hours in would allow the creation of millions of would love to see 63 percent annual 2010. Sadly, the people that bear the high-paying jobs. wage growth? brunt of that are not the rich and pow- The discussion before this Chamber is In Texas, the average pay for an erful. They are not those who walk the whether to raise the minimum wage to entry-level truckdriver ranges from corridors of power in Washington, DC, $10.10 an hour. But even if it passed, $36,000 to $45,000, but it rises to $50,000 and have gotten fat and happy under that is not the Obama minimum wage. to $70,000 in the oilfield. These are kids the Obama administration. The people Rather, the real Obama minimum wage straight out of high school making who would bear the brunt if this bill is $0.00 an hour. We have right now the $70,000 a year. were passed would be, to a substantial lowest labor participation rate since As reported in an AP story from degree, young African American teen- 1978. March 28, 2014: ‘‘James LeBas, econo- agers and young Hispanic teenagers. To the millions of Americans who mist for the Texas Oil and Gas Associa- Right now, young minorities, if we have lost their job because of $1.7 tril- tion, said the industry directly em- look at unemployment rates by race— lion in new taxes, because of crushing ployed 416,000 employees in 2013 and just looking at the official unemploy- regulations, this is the Obama min- they averaged $120,000 a year in ment rates, Anglos have an unemploy- imum wage: $0.00—not the political wages.’’ ment rate of 5.8 percent; Hispanics, 7.9 window dressing of $10.10; the reality, As a separate nation, Texas right percent; African Americans, 12.4 per- the hard, brutal reality. now would rank as the ninth largest cent—nearly double that in the white Last week, I was in Nebraska at a oil-producing country in the world. community. It is even more heart- rally. A woman named Barb came up to Not only can energy development breaking among teenagers. White teens me. She hugged my neck. She said: bring good-paying jobs, it can also help currently have an unemployment rate TED, I am a single mom. I have six lit- our children and schools. Cotulla, TX, of 18.3 percent, but African American tle kids at home. My husband left me, was once one of the poorest districts in teenagers have an unemployment rate and he is not paying child support. I Texas, but now—because of the Eagle of 36.1 percent—36.1 percent. Every am working five jobs, trying to keep Ford shale energy development—it is Senator who votes yes is voting with my kids fed, trying to keep them with one of the richest. The taxes that are an absolute certainty that hundreds of clothes on their backs. Barb had tears coming from the energy development thousands of workers, including a great in her eyes. mean money for fixing schools, for hir- many African American teenagers and One of the most brutal consequences ing teachers, for paying them more, a great many Hispanic teenagers, will of ObamaCare is it has forced millions and for purchasing technology in the be laid off as a consequence of their of Americans like Barb into part-time classrooms. vote. I would challenge any of the Sen- work because the threshold for One thing that is striking is what has ators in this Chamber to look in the ObamaCare is 30 hours a week. happened across the country. If you eyes of those African American teen- So instead of having one or two jobs, look, this is a map I have in the Cham- agers, those Hispanic teenagers who Barb and millions of other single moms ber of changes in median household in- are looking for a better opportunity. are going from one job to another, to come by county from 2007 to 2012. If my colleagues detect a note of pas- another, to another, and they are not Madam President, 2007 to 2012 is a long sion in my voice as I discuss this, it is spending the time with their kids. This time. because in my family this is not an ab- is the brutal reality of the Obama min- On this map, green indicates that the stract, hypothetical situation. Fifty- imum wage. median household income has gone up; seven years ago, when my father fled But, Madam President, I am happy to yellow indicates no statistically sig- Cuba and came to Texas at the age of tell you, there is a better alternative. nificant change; and red indicates it 18, penniless, not speaking English, his The better alternative, I would note— has gone down. first job was working in the restaurant far better than zero, far better than the Overlaid on this map is an overlay of industry as a dishwasher making 50 promise of $10.10 an hour—is $46.98. the geological shale formations in this cents an hour. The restaurant industry Madam President, $46.98—that is the country. What is striking about look- had been such a terrific avenue for average hourly wage in the oil and gas ing at median incomes in the United climbing the economic ladder, for industry in the State of North Dakota. States is where median incomes have achieving the American dream. My dad Every one of us should want to see gone up. This is almost exactly a geo- washed dishes at 50 cents an hour to millions more jobs at $46.98 an hour, logical shale map of the United States. pay his way through college to go on and we should want millions rescued You can see median incomes have and start a small business to work to- from the Obama minimum wage of $0.00 gone up up here in the Bakken shale in ward the American dream. If the ma- an hour. That is the choice before this and around North Dakota. You can see jority leader had his way, if the min- body—of expanding this American en- the Permian Basin shale, the Eagle imum wage were jacked up, if back in ergy renaissance, creating opportunity. Ford shale, the Barnett shale. You can 1957 the restaurant where my father Let me tell you, in the State of see the Marcellus shale. Green, green, worked were forced to pay every work- Texas—Texas is an incredible exam- green, green—median income going er $2 an hour, the odds are very high ple—there is a reason why 1,400 people up—for everyone in the county median that restaurant would have fired my a day are moving to Texas, moving income going up where energy produc- dad and bought a dishwasher instead. from high-tax, high-regulation States, tion is occurring. It was that entry-level job that gave represented by many of our friends on Now, strikingly, the Marcellus shale him the grip on the first rung of the the Democratic side of the aisle. They extends north to New York, and yet for

VerDate Mar 15 2010 03:18 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.067 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2462 CONGRESSIONAL RECORD — SENATE April 29, 2014 the entire State of New York, you can mental tax reform or regulatory re- under rule XXII, the Chair directs the see there is not a county in the State form, of removing the barriers that clerk to read the motion. of New York where median income has have caused the lowest labor force par- The legislative clerk read as follows: gone up. Why? Well, one of the main ticipation since 1978. CLOTURE MOTION reasons is the Democratic politicians Instead, we are debating a bill to in- We, the undersigned Senators, in accord- in New York have prohibited devel- crease unemployment. This minimum- ance with the provisions of rule XXII of the oping those natural resources because wage bill—the nonpartisan CBO has Standing Rules of the Senate, hereby move told us more people would be paid $0.00 to bring to a close debate on the nomination they ban fracking. of Theodore David Chuang, of Maryland, to So in Pennsylvania, Pennsylvanians an hour under the bill before this be United States District Judge for the Dis- apparently would like jobs, would like Chamber. No wonder Congress’s ap- trict of Maryland. higher median incomes. They are see- proval rating is 8, 10, 12 percent, when Harry Reid, Patrick J. Leahy, Elizabeth ing the benefits. But in New York, New you take the greatest challenge facing Warren, Robert Menendez, Barbara Mi- Yorkers are not because Democratic Americans right now—the need for eco- kulski, Jack Reed, Richard politicians in New York have prohib- nomic growth and jobs—and the U.S. Blumenthal, Carl Levin, Christopher ited developing those resources. Senate in Democratic control will not Murphy, Kirsten E. Gillibrand, Sheldon Whitehouse, Patty Murray, Thomas R. I would note that one of the most even talk about providing real relief Carper, John D. Rockefeller IV, Jeff promising areas is the Monterey shale there. No wonder people are disgusted Merkley, Richard J. Durbin, Benjamin in California—abundant resources—and with the U.S. Congress. L. Cardin. you would note, in the entire State of You want to know what this debate Mr. REID. Madam President, I ask California there is not one green coun- is about? Compare $0.00 an hour to unanimous consent that the manda- ty. That is because California, like- $46.98 an hour. I want to see millions of tory quorum call under rule XXII be wise—even though they have those re- Americans making $40, $50, $60 an hour, waived. sources, the Democratic politicians providing for their kids, having a bet- The PRESIDING OFFICER. Without there have concluded Californians do ter future. objection, it is so ordered. not want jobs, they do not want higher As I travel this country, over and f incomes, and they are going to prohibit over again, men and women come up to developing their natural resources me. They look me in the eyes and say: LEGISLATIVE SESSION rather than providing for the very real Ted, I am scared. I am scared that we Mr. REID. I now move to proceed to suffering that is being caused. are bankrupting this country. I am legislative session. I would note, there is one striking ex- scared that my kids and grandkids are The PRESIDING OFFICER. The ception from this pattern being largely not going to have the future, the op- question is on agreeing to the motion. a geological shale formation of this portunity, the freedom we have been The motion was agreed to. country, and that is the bright green blessed to have. f on the map that is located right here This U.S. Senate has an opportunity EXECUTIVE SESSION where we are standing—the District of to address that. We should pass the Columbia and the surrounding areas. American Energy Renaissance Act. We Let me tell you, it is a good time to should stop making it harder for work- NOMINATION OF GEORGE JARROD be in and around government. The lob- ing Americans, but, instead, we should HAZEL TO BE UNITED STATES byists, the consultants, those who come together for jobs and economic DISTRICT JUDGE FOR THE DIS- make money on the growing and grow- growth. TRICT OF MARYLAND ing and growing Federal Government Thank you, Madam President. Mr. REID. I now proceed to executive spending and debt, are getting fatter I suggest the absence of a quorum. session to consider Calendar No. 592. and happier every day. You look at the The PRESIDING OFFICER. The The PRESIDING OFFICER. The rest of the country, and you see stagna- clerk will call the roll. question is on agreeing to the motion. tion, you see median income falling. The legislative clerk proceeded to The motion was agreed to. Rather than engaging in political call the roll. The PRESIDING OFFICER. The games—driven by polling done by the Mr. REID. Madam President, I ask clerk will report the nomination. Democratic Senatorial Committee on unanimous consent that the order for The legislative clerk read the nomi- this minimum wage bill that, if passed, the quorum call be rescinded. nation of George Jarrod Hazel, of would only hurt low-income African- The PRESIDING OFFICER. Without Maryland, to be United States District American and Hispanic teenagers—in- objection, it is so ordered. Judge for the District of Maryland. CLOTURE MOTION stead, we ought to come together with f bipartisan unanimity to say: We will Mr. REID. I send a cloture motion to stand with the American people to EXECUTIVE SESSION the desk. bring millions of jobs. We will stand The PRESIDING OFFICER. The clo- with the American people to raise me- ture motion having been presented NOMINATION OF THEODORE DAVID under rule XXII, the Chair directs the dian income. We will stand with the CHUANG TO BE UNITED STATES American people to make it easier for clerk to read the motion. DISTRICT JUDGE FOR THE DIS- The legislative clerk read as follows: people who are struggling to achieve TRICT OF MARYLAND the American dream. CLOTURE MOTION Therefore, I have proposed an amend- Mr. REID. Madam President, I now We, the undersigned Senators, in accord- ance with the provisions of rule XXII of the ment to replace the text of S. 2223, the move to proceed to executive session to consider Calendar No. 591. Standing Rules of the Senate, hereby move minimum wage act, with the text of to bring to a close debate on the nomination the American Energy Renaissance Act The PRESIDING OFFICER. The of George Jarrod Hazel, of Maryland, to be that I have introduced, S. 2170. question is on agreeing to the motion United States District Judge for the District We should all come together and vote to proceed. of Maryland. on removing the government barriers, The motion was agreed to. Harry Reid, Patrick J. Leahy, Elizabeth opening new Federal lands and re- The PRESIDING OFFICER. The Warren, Robert Menendez, Barbara Mi- sources, developing high-paying, prom- clerk will report the nomination. kulski, Jack Reed, Richard Blumenthal, Carl Levin, Christopher ising jobs that expand opportunity. The legislative clerk read the nomi- nation of Theodore David Chuang, of Murphy, Kirsten E. Gillibrand, Sheldon In conclusion, let me say this debate Whitehouse, Patty Murray, Thomas R. comes down to two numbers. It is not a Maryland, to be United States District Carper, John D. Rockefeller IV, Jeff complicated debate. This debate comes Judge for the District of Maryland. Merkley, Richard J. Durbin, Benjamin down to two numbers. On my left, the CLOTURE MOTION L. Cardin. real Obama minimum wage: $0.00 an Mr. REID. Madam President, I send a Mr. REID. Madam President, I ask hour. I am sorry to say, in this Demo- cloture motion to the desk. unanimous consent that the manda- cratic Senate, this Chamber is largely The PRESIDING OFFICER. The clo- tory quorum call under rule XXII be empty. There is no discussion of funda- ture motion having been presented waived.

VerDate Mar 15 2010 03:18 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.069 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 29, 2014 CONGRESSIONAL RECORD — SENATE S2463 The PRESIDING OFFICER. Without TRIBUTE TO DEBORAH A.P. tens of thousands of spectators can objection, it is so ordered. HERSMAN safety enjoy these races. f Mr. REID. Madam President, I rise Debbie is acknowledged as a vision- today to commend the departing Chair- ary, passionate, and bipartisan safety LEGISLATIVE SESSION man of the U.S. National Transpor- leader who advocates for safety across Mr. REID. I now move to proceed to tation Safety Board, Deborah A.P. all modes of transportation. At the legislative session. Hersman, as she prepares to launch a NTSB, she has been on scene for more The PRESIDING OFFICER. The new career as president and CEO of the than 20 major transportation incidents; question is on agreeing to the motion. century-old National Safety Council. chaired scores of NTSB hearings, fo- The motion was agreed to. A 12-year veteran staffer of Capitol rums, and events; and regularly testi- fies before Congress. She was first ap- f Hill, Debbie is no stranger to many Senators on both sides of the aisle. pointed as an NTSB board member by EXECUTIVE SESSION After graduating with a degree in polit- President George W. Bush in 2004. In ical science from Virginia Tech and re- 2009, President Obama reappointed her ceiving a master’s in conflict resolu- to a second 5-year term and appointed NOMINATION OF NANCY L. MORITZ tion from George Mason University, her to a 2-year term as Chairman, mak- TO BE UNITED STATES CIRCUIT she worked as a staffer for my former ing her, at age 39, the youngest person JUDGE FOR THE TENTH CIRCUIT colleague, Congressman Bob Wise, ever to fill that position. President Mr. REID. I now move to proceed to where she rose from intern to staff di- Obama reappointed her as Chairman in executive session to consider Calendar rector and then to senior legislative 2011, and in August 2013, he nominated No. 575. aide. He used to say, ‘‘She has a back- her for a third term as Chairman and The PRESIDING OFFICER. The bone. Don’t ever think that you are for a third term as a Board member, all question is on agreeing to the motion. ever going to push her over.’’ I can see with unanimous Senate confirmation. The motion was agreed to. why. Among her many initiatives, Debbie The PRESIDING OFFICER. The Debbie came to the Senate in 1999 to has focused attention and actions on clerk will report the nomination. work for the Committee on Commerce, distracted driving, child passenger The legislative clerk read the nomi- Science, and Transportation under the safety, and helping accident victims nation of Nancy L. Moritz, of Kansas, leadership of Senator Jay Rockefeller. and their families. Her leadership has to be United States Circuit Judge for Her efforts during that time contrib- created a more transparent and ac- the Tenth Circuit. uted to the passage of some of the countable organization by significantly benchmark legislation underpinning increasing the quantity and quality of CLOTURE MOTION the transportation safety framework NTSB information available on the Mr. REID. Madam President, there is she vigorously upheld as NTSB Chair- agency’s Web site, holding more public a cloture motion at the desk. man, such as the Motor Carrier Safety meetings to highlight safety issues, The PRESIDING OFFICER. The clo- Improvement Act of 1999, Pipeline and embracing social media to commu- ture motion having been presented Safety Improvement Act of 2002, Trans- nicate with the broadest possible audi- under rule XXII, the Chair directs the portation Equity Act of the 21st Cen- ence of the traveling public. clerk to read the motion. tury, and Amtrak Reform and Ac- Debbie always emphasizes the The legislative clerk read as follows: countability Act. NTSB’s role as ‘‘the conscience and the CLOTURE MOTION Debbie’s outstanding leadership at compass of the transportation indus- We, the undersigned Senators, in accord- the NTSB has helped make traveling try.’’ The Nation has benefitted from ance with the provisions of rule XXII of the safer for all Americans. She was the nearly a decade of her stewardship in Standing Rules of the Senate, hereby move NTSB member on scene for the terrible the agency’s leadership. While we are to bring to a close debate on the nomination Metro train collision in 2009 in this of Nancy L. Moritz, of Kansas, to be United saying goodbye to this passionate States Circuit Judge for the Tenth Circuit. city where nine people lost their lives standard bearer of public safety in the Harry Reid, Patrick J. Leahy, Dianne and dozens were injured. I was glad to Federal realm, I am very pleased that Feinstein, John D. Rockefeller IV, see that she and the agency took we are not losing her energy on these Debbie Stabenow, Barbara Mikulski, charge of the investigation, and I ad- issues altogether. Her move to lead the Carl Levin, Benjamin L. Cardin, Tom mire her commitment to ensuring such National Safety Council will open up Harkin, Amy Klobuchar, Barbara a horrific incident will not occur again. new doors to her, that organization, Boxer, Patty Murray, Jack Reed, Rob- Debbie oversaw the timely comple- and to safety initiatives benefitting ert Menendez, Sheldon Whitehouse, tion of several high-profile accident in- Christopher A. Coons, Richard J. Dur- the entire county. It is yet another bin. vestigations during her tenure as step forward in an illustrious career of Chairman, including the deadly 2011 Mr. REID. Madam President, I ask heartfelt public service dedicated to crash at the Reno National Champion- protecting the well-being of all Ameri- unanimous consent that the manda- ship Air Races. During the third lap of tory quorum call under rule XXII be cans. a six-lap race, 11 people lost their lives f waived. and many suffered injuries when a The PRESIDING OFFICER. Without show plane plummeted into the spec- WRIGLEY FIELD’S 100TH BIRTHDAY objection, it is so ordered. tator stands. As many of you know, Mr. DURBIN. Madam President, I f these are enormously popular events. I wish to recognize the 100th birthday of LEGISLATIVE SESSION have attended them many times. Our an American icon: Wrigley Field. As late colleague Senator Ted Stevens was the second oldest Major League ball Mr. REID. I now move to proceed to a big fan. My own grandchildren at- park and oldest in the National legislative session. tended those races the very week of the League, Wrigley Field has hosted mil- The PRESIDING OFFICER. The crash. lions of fans and easily earned its nick- question is on agreeing to the motion. I commend Debbie and her team for name, The Friendly Confines. The motion was agreed to. the work they did in the aftermath of On April 23rd, 1914, it opened its f the tragedy, and to issue timely and ef- doors not to the Chicago Cubs, and it fective recommendations to help save wasn’t even called Wrigley Field. It MORNING BUSINESS lives and prevent injuries in the future. was called Weeghman Park, and the Mr. REID. Madam President, I ask Her efficient work prior to the first an- Chicago Chifeds of the short-lived Fed- unanimous consent that the Senate niversary of the crash enabled the an- eral League played there. The Chicago proceed to a period of morning busi- nual air show tradition—so important Cubs moved into their home in 1916. ness, with Senators allowed to speak to northern Nevada for nearly 50 From the ivy-covered outfield walls, therein for up to 10 minutes each. years—to continue even more safely to its hand-turned score board, to the The PRESIDING OFFICER. Without than before. The recommendations pro- bleachers and the marquee, you always objection, it is so ordered. vided by the NTSB will ensure that know you are at Wrigley Field. It was

VerDate Mar 15 2010 03:18 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.071 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2464 CONGRESSIONAL RECORD — SENATE April 29, 2014 the last baseball stadium to have lights our field, Wrigley Field, is as much a more to combat gun violence in the installed in 1988. It was the first sta- part of the future as it is our past. United States. dium to have an organ playing music, Madam President, it is with great f and that music remains to this day, pride that I ask my colleagues to join WORLD WAR II VETERANS VISIT the first to build permanent concession me in celebrating the 100th anniversary stands, the first to have live broadcast of one of America’s greatest land- Mr. BEGICH. Madam President, this of games. While there is some dispute marks, Wrigley Field. Holy cow, what a month, 46 veterans from the Last Fron- whether Wrigley was the first place to ride it has been for such a wonderful tier and Golden Heart Chapters of the allow fans to keep the balls hit into the place at 1060 W. Addison in Chicago, IL. Honor Flight Network are traveling stands, it certainly is where the cus- f from Alaska to Washington, DC, to tom began of throwing back the oppo- visit their memorials. I know you will REMEMBERING THE COLUMBINE nent’s homerun balls. join me in welcoming these heroes to Wrigley hasn’t always been home to TRAGEDY our Nation’s capital and recognizing the Cubs exclusively. The Decatur Mr. UDALL of Colorado. Madam their service to our Nation. Staleys moved to play football there in President, fifteen years ago, Colorado I would like to record the individual 1921. You know them today as the Chi- communities were shaken by a horrific names of those who traveled from Alas- cago Bears, and from 1921 to 1970, act of violence at Columbine High ka to be here today. World War II Vet- Wrigley was their home too. And the School where 12 students and a teacher erans of the Alaska Territorial Guard: reason they are called the Bears is be- tragically lost their lives and many Mr. Wesley Aiken, Mr. Gust Bartman, cause the Cubs were already playing others were injured. In the wake of this Mr. Sigurd L. Edwards, Mr. Daniel E. there. Wrigley has hosted soccer violence, Coloradans came together to Henry, Sr., Mr. Daniel K. Karmun, Mr. matches, concerts, and even a National be there for their friends and neighbors David U. Leavitt, Sr., Mr. Henry H. Hockey League game. The first All- and stood united as one community. Neligan, and Mr. Vincent Tocktoo, Sr. American Girls Professional Baseball The strength of this community is World War II Veterans: Mr. William R. League’s first All Star Game during embodied no more clearly than by Col- Alter, Army; Mr. Bruce E. Arndt, the 1943 midseason was played at umbine High School principal Frank Army; Ms. Nancy Baker, Army Air Wrigley Field. They brought in tem- DeAngelis. Principal DeAngelis is re- Corp; Mr. Robert H. Breakfield, Navy; porary lights for that game. tiring at the end of the school year, Mr. William E. Bush, Marines; Mr. Nor- The Wrigley experience means people capping 34 years of dedication to edu- man H.V. Elliott, Army; Mr. David K. come to have fun at the game and be cation, community service, resilience, Fison, Navy; Mr. Frank E. Flavin, involved in the game. It was as true in and leadership. Army; Mr. Kirtley E. Franse, Air Force 1920 as it is today. Generations of kids Principal DeAngelis has spent the & Army; Mr. Malven R. Gaither, Navy; have come to Wrigley to watch their past 18 years leading the school, ful- Mr. Eldon L. Gallear, Merchant Ma- first ballgame in the same seat their filling the promise he made after the rines; Mr. George G. Gilbertson, Navy; parents and grandparents watched attack that he would remain as prin- Mr. Warren G. Hackney, Merchant Ma- theirs. For Cubs fans, the ball park is a cipal until all the students in Col- rines; Mr. Arthur Hammer, Air Force, community as much as a place where umbine feeder schools at the time had Mr. Robert P. Harrison, Army; Mr. baseball is played. Wrigley Field is sur- graduated. Donald M. Hoover, Navy; Mr. Robert L. rounded by small businesses that de- It is this enduring spirit and the Johnston, Navy; Mr. Willard J. pend on the community. Fans go every strength of so many in the community Jorgensen, Army; Mr. Robert W. day by foot, by bicycle, by train, or by that have allowed us to heal and re- Kittleson, Navy & Air Force; Mr. Gor- car into the neighborhood known as flect. On this somber anniversary, let’s don E. Kler, Navy; Mr. Thomas Lewis, Wrigleyville to see the Chicago Cubs remember the victims, honor the resil- Navy; Mr. Gerald J. Lind, Air Force & play at their treasure of a stadium. ience of the survivors, and collaborate Army; Ms. Bette-Rae Mattoon, Navy And they have seen legends. On June to find ways to reduce these types of WAVE; Mr. Roby S. Mchone, Army; 26, 1920, a 17-year-old high school play- senseless tragedies. Mr. Leon N. Merkes, Army; Mr. George er hit a game-winning grand slam com- Mr. BENNET. Madam President, R. Painter, Merchant Marines; Ms. pletely out of the park when his New April 20 marked the 15th anniversary of Charlotte K. Schwid, Army; Mr. Joseph York School of Commerce team played the tragic shooting at Columbine High E. Stanger, Air Force; Ms. Francis A. Chicago’s Lane Tech High School. That School. I come to the floor to honor Swaim, Army; Mr. George C. Swift, was Lou Gehrig. Babe Ruth’s called the memories of the 12 young, innocent Coast Guard; Mr. James H. Weaver, shot? It was at Wrigley Field in 1932 in students, and beloved teacher we lost, Army; and Mr. Edward C. Willis, Mer- the World Series. It is still debated. My and to recognize the bravery that so chant Marines. Korean War Veterans: boyhood hero, St. Louis Cardinal Stan many educators and first responders Mr. William Blocolsky, Navy; Ms. Musial, recorded his 3000th hit in showed on that horrific day. Lorane J. Mobley, Navy; and Mr. Rich- Wrigley. In fact, it has been said that On the day of the anniversary, Colo- ard C. Sullivan, Marines. Vietnam War the visiting clubhouse has had more radans gathered at Clement Park in Veterans: Mr. Roger W. Brooks, Army; Hall of Famers in one room than any Littleton to remember the victims and Mr. Alan L. Coble, Army; and Mr. other facility that exists in sports. recommit to preventing these acts of Clifford E. Mobley, Army. It is not just those visiting Wrigley senseless violence from ever happening These veterans from Alaska join over that made the memories but those we again. Coni Sanders, the daughter of 118,000 other veterans from across the claim as our own. Harry Caray was an Coach Dave Sanders who was killed land who, since 2005, have traveled to announcer for decades, but it was at that day, spoke at the gathering. If I our Nation’s capital to visit and reflect Wrigley Field where he became a leg- could just share a few of her words, I at memorials built here in their honor. end with his dark-framed glasses, jovi- think they ring very true. This Honor Flight was made possible ality, and his singing ‘‘Take Me Out To She said, by generous public donations and con- The Ball Game’’ with the crowd. It is a Fifteen years ago, Columbine was a mas- tributions from those who wish to tradition still carried today. Ernie sacre. Columbine was a tragedy. Columbine honor these heroes. Banks’ boundless energy and joy for was synonymous with death. Today, we rec- We owe so much to our active duty the game, ‘‘Let’s play two!’’ Ron Santo, ognize that Columbine is a community and military and veterans who put them- Billy Williams, Fergie Jenkins, Ryne that even the most violent of hate could not selves in harm’s way for our country Sandberg, Hack Wilson, Andre Dawson, shake us. and protect our freedoms. Without Kerry Wood, and so many others are Coni’s words express the pain we their courage, commitment and sac- beloved for their time playing for the have all been left with in the wake of rifice, we would not enjoy the liberties Cubs in The Friendly Confines. too many similar tragedies in Colorado we cherish today. ‘‘There is always next year,’’ a and across the country. But her words On behalf of a grateful Nation, I ex- phrase too often uttered by Cubs fans, also remind us of the enduring strength tend my sincerest gratitude. I also ex- could just as easily be a promise that of our communities and the need to do tend my thanks to the staff, volunteers

VerDate Mar 15 2010 03:57 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.038 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 29, 2014 CONGRESSIONAL RECORD — SENATE S2465 and supporters of the Honor Flight pro- than 1,800 athletes representing 70 likes of Hemingway, poet Ezra Pound, gram who make these trips possible. countries competed in 7 Olympic-type skier Picabo Street, former U.S. Sen- Again, thank you to all Alaska vet- winter sports—making this the largest ator William Borah, and agri-business- erans and volunteers for their dedica- sporting event ever held in the history man J.R. Simplot. tion, commitment, and service. of Alaska. This year, Special Olympics It was important to Bud to pass f Alaska will open its first Athlete along the message to care about the ADDITIONAL STATEMENTS Training Center and Campus in An- land, and he has succeeded admirably. chorage on May 8. This facility will As he told writer Steven Stuebner in give the athletes a dedicated facility to an article for the Rangeland Commis- TRIBUTE TO RENEE HENDERSON practice and prepare for future games sion about the ranching profession: ∑ Mr. BEGICH. Madam President, in which they will represent Alaska. Once you get started in it, you’re hooked. today I wish to thank Renee Henderson I would like to recognize Special Every morning, you get up and do something for her 43 years of outstanding service Olympics Alaska and all the work they different. You turn out on the range and ride do to improve the lives of people with a horse every day. Even now, I go out and to the Kenai Peninsula Borough School make sure the water is OK, check the fences District, Kenai community, and Kenai intellectual disabilities. I wish the ab- solute best to the athletes, families and make sure the gates are closed. It’s just Central High School on the occasion of a constant going out there and doing it. I her retirement. and supporters as they transition into ∑ was never a cowboy, but I’ve ridden a million Since her first day working for the their new training center. miles. Kenai Peninsula Borough School Dis- f That description of the ranch life in trict on August 30, 1971, Ms. Henderson REMEMBERING BUD PURDY Central Idaho sounds a long way from has taught over 13,000 students. Ms. ∑ Mr. CRAPO. Madam President, I wish Capitol Hill, but the hard work ethic Henderson provided students with to honor a true Idaho original, a man and the dedication to principle is what many life-changing experiences, in- who set the bar high for ranching and made Bud Purdy an Idaho, and Amer- cluding traveling to destinations conservation in my State and estab- ican, hero. His life of service is some- across the world to perform. thing we can all aspire to, or as Idaho Ms. Henderson has contributed to the lished a world-class trout fishery. Every so often, a generation produces Governor Butch Otter said, ‘‘someone Kenai Peninsula community through remarkable characters—individuals whose life was a lesson in cowboy eth- her hard work and dedication. She has who set their sights high and leave the ics, common sense, stewardship and the touched thousands of lives by being a bar higher for us. Bud Purdy of Picabo, value of hard work and perseverance’’.∑ world-class musical professional. It is ID, was one of those people. While he only appropriate through her contribu- f could not claim Idaho by birth, he tions to the community that the REMEMBERING RICKY DEL more than proved to be an Idahoan school’s auditorium was named the FIORENTINO through his experiences, work ethic, Renee C. Henderson Auditorium. She and inclinations. He began working on ∑ Mrs. BOXER. Madam President, has shared her appreciation for the gift a family sheep ranch in Blaine County today I ask my colleagues to join me in of music, through her concerts, tours, at Picabo, near Sun Valley, during paying tribute to Sheriff’s Deputy private lessons and choir program, to summers in 1928. Not long after, a Ricky Del Fiorentino, an exceptional help countless young people nurture young Bud Purdy climbed nearby law enforcement officer, a devoted and their musical gifts and enrich the Hyndman Peak at over 12,000 feet. He loyal friend, and most of all a dedi- world around them. graduated from college by the time he cated family man, who was tragically Along with Senator LISA MURKOWSKI, killed in the line of duty on March 19, I would like to extend my deepest ap- was 20, and despite an offer to go into 2014. preciation to Renee for her many years banking, he chose to manage that fam- Ricky Del Fiorentino was born and of educational excellence. We wish the ily ranch. He was a hunting partner for raised in Napa, CA, where he excelled absolute best to her as she begins this writer Ernest Hemingway. There in both football and wrestling at Napa next stage in her life.∑ wasn’t much Bud Purdy could not do. He was still flying his own airplane at High School. His high school football f the age of 94. He was—and is—consid- coach called him the best lineman he SPECIAL OLYMPICS ALASKA ered an Idaho legend. had ever trained. Ricky also placed sec- ∑ Mr. BEGICH. Madam President, I Bud made his mark in Picabo, Sun ond in the heavyweight division of the wish to recognize Special Olympics Valley, and Idaho. Near his ranch there State wrestling championship in 1982 Alaska for their outstanding job in im- is a creek that is world-renown—Silver and later earned a scholarship to wres- proving the lives of those with intellec- Creek. It was along that creek that tle at the University of Oklahoma. In tual disabilities. Bud joined a young Hemingway, actor 1998, he was inducted into the Napa Special Olympics was founded by the Gary Cooper, and many others to fish High Athletic Hall of Fame. late Eunice Mary Kennedy Shriver in and hunt birds. When Hemingway After graduating from the Napa Val- 1962. Mrs. Shriver saw how unfairly moved to Idaho in 1959, he had already ley Police Academy, Ricky joined the people with intellectual disabilities been hunting with Bud for many years. Mendocino County Sheriff’s Office. His were treated and founded Camp Shriv- The Purdy ranch consisted of 6,000 distinguished 26-year law enforcement er, which eventually evolved to Special acres along Silver Creek. The waters of career in Mendocino County included Olympics in 1968. Special Olympics that creek are so crystal clear that you 10 years with the Fort Bragg Police be- Alaska also traces its beginnings back can see the trout. I have been one of fore he returned to the sheriff’s depart- to 1968, when they held their first State those lucky enough to fish there. Bud ment in 2000. Residents of the games in 1969 in Fairbanks. Since then, and his family were visionaries. They Mendocino coast remember Deputy Del the Special Olympics Alaska programs donated a 3,500 acre easement to the Fiorentino as a calm, towering pres- have grown to include over 500 athletes Nature Conservancy that meant the ence and a guardian of the community. and 1,000 volunteers around the State. land could never be subdivided, and the At a candlelight vigil in his honor, Through sports, the athletes are able world-class fishery remains there many community members described to see what they are capable of achiev- today, just like it was when Bud ar- him as gentle, helpful, trusting, loving, ing and quickly gain confidence. I have rived 86 years ago. and caring, relating personal inter- seen firsthand how Special Olympics Bud felt all ranchers should have a actions that had stayed with them for Alaska uses the power of sports to help strong conservation ethic, and he was years. athletes learn about friendly competi- one of the first to employ rest-rotation Deputy Del Fiorentino was a re- tion and sportsmanship, as well as pro- grazing to protect the land and water. spected and experienced leader, pas- vide them with an opportunity to make Bud got that message out as a founder sionate about his work and never hesi- friendships that will last a lifetime. of the Idaho Rangeland Resource Com- tant to help someone in need. In 1992, In 2001, Anchorage hosted the Special mission. He was recently inducted into he dove into the Noyo River to rescue Olympics World Winter Games. More the Idaho Hall of Fame, joining the a young man who had jumped off the

VerDate Mar 15 2010 03:57 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.072 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2466 CONGRESSIONAL RECORD — SENATE April 29, 2014 Noyo Bridge. In 1998, he again showed president; Dustin Hansen, treasurer; TRIBUTE TO BOB SILBERNAGEL his courage by rescuing four people Marshall Kaminsky, recording sec- ∑ Mr. UDALL of Colorado. Madam who had been swept into the water at retary; Mike Compton, business man- President, I wish to pay tribute to Bob Pudding Creek by a sneaker wave. ager; Bill Haase, assistant business Silbernagel, who retired in March after These heroic acts were second nature manager; Stan Miles, director of mem- a 40-year career working for Colorado to Deputy Del Fiorentino, who received bership development; the members of newspapers, including the last 18 years many official commendations from the the executive board, exam board, and as the editorial page editor and voice of community he served. office staff for guiding IBEW Local 153 the Grand Junction Daily Sentinel. Deputy Del Fiorentino’s friends say to this remarkable milestone, as it The Colorado Press Association wisely he had a ready smile, was quick to continues to support the goals first en- named Mr. Silbernagel the 2013 ‘‘News- visioned by its founders. laugh, was an avid outdoorsman and a paper Person of the Year,’’ and the Col- Most importantly, I congratulate all devoted husband, father, and brother. orado Associated Press Editors and Re- IBEW Local 153 members and their When he was not on duty he spent as porters Association awarded him the much time as he could with his friends families for their loyalty, ongoing sup- port, and hard work they give the first place award for editorial writing and family. in 2012. Over his years in journalism, Ricky Del Fiorentino devoted his life Michiana community. Mr. Silbernagel received dozens of to his family, his community, and his On behalf of the citizens of Indiana, I other awards for editorial writing, col- country. His dedicated and courageous sincerely congratulate each and every umn writing, news reporting, and on- service will not be forgotten. On behalf member of the International Brother- line content from the Colorado Press of the people of California, whom he hood of Electrical Workers Local 153 on Association, the Colorado Associated served so bravely, I extend my grati- their 100th Anniversary, and I wish Press Editors and Reporters, Cox News- tude and deepest sympathies to his them continued success and growth papers, and the National Associated family, friends, and colleagues.∑ over the next 100 years.∑ Press Editors. f f Born in Madison, WI, Mr. Silbernagel INTERNATIONAL BROTHERHOOD REMEMBERING MATTHEW received his journalism degree from OF ELECTRICAL WORKERS KLEMCHALK the University of Wisconsin-Madison in ∑ ∑ Mr. DONNELLY. Madam President, I Mr. MENENDEZ. Madam President, I 1973, after which he worked as a polit- wish to congratulate the hard-working wish to honor the memory of an exem- ical reporter, environmental writer, members of the International Brother- plary citizen of New Jersey who we lost business writer, city editor, and bureau hood of Electrical Workers—IBEW— too soon: Matthew E. Klemchalk of reporter. He authored three books, Local 153 as they celebrate 100 years of Allendale. Matthew passed away on most recently ‘‘Troubled Trails: The working together to improve living April 10, 2014 at the age of 35. He was an Meeker Affair and the Expulsion of standards by building safe commu- outstanding member of his community, Utes from Colorado’’ in 2011; ‘‘Dinosaur nities throughout Michiana. beloved by his family and friends, and Stalkers, Tracking Dinosaur Discov- IBEW Local 153 was started by just 18 a professional engineer whose work eries of Western Colorado and Eastern members in 1914 in South Bend, IN. Its will be appreciated by generations of Utah’’ in 1996, and ‘‘Parks & Trails, A charter members were Fred New Jersey residents as they drive over Guide and History for the Colorado Champaigne, Louis Brehmer, Omer C. the roads and ride the rails that he de- Riverfront Project in Mesa County’’ in Naftzger, Roy Watt, Calvin Beatty, signed and saw to completion. 2004. Matthew was a 1996 graduate of William Weber, C. Sinnoth, Rob El- Upon his retirement from the Daily Northern Highlands High School, and a liott, R.J. Suabedissen, W.A. Henry, Sentinel, Jay Seaton, publisher of the lifelong train enthusiast. He brought Walter A. Stickley, Lester E. Beatty, newspaper, aptly described Mr. his passion for trains to his work as E.A. Nimtz, R.M. Dice, Leo A. Mathis, Silbernagel as ‘‘not a purveyor of chief estimator of track at the Rail- Frank Hamer, Oliver Doehmer and B.J. sound bites or catchy gotchas’’ but as road Construction Company, where he ‘‘a careful journalist whose logic and Doehmer. These men represent the de- worked for the past 14 years. Matthew termination and leadership that have dispassionate presentation of undis- worked on major infrastructure puted facts [made] his editorials not shaped our commitment to fair labor projects that New Jersey’s citizens see standards and strong communities just compelling but illuminating.’’ I and use every day, including the could not agree more. Coloradans are across the country. On April 21, 1914, Secaucus Road separation project, the the International Brotherhood of Elec- well served by such honorable journal- U.S. Route 46 interchange improve- ists as Bob Silbernagel.∑ trical Workers granted them their ments in Wayne, Route 46 over charter. Overpeck Creek in Bergen County, and f Today, IBEW Local 153 covers St. Jo- the Lackawanna Avenue improvement LUDLOW MASSACRE 100TH seph, Elkhart, Marshall and Kosciusko and bridge replacement in West counties in north central Indiana and ANNIVERSARY Paterson. ∑ Berrien and Cass counties in Michigan. He taught concurrently as a pro- Mr. UDALL of Colorado. Madam It counts over 900 men and women as fessor at Stevens Institute of Tech- President, I wish to commemorate the its members. Over the years, it has nology in Hoboken, where he earned 100th anniversary of the Ludlow Mas- worked vigilantly to promote the in- his bachelors and masters degrees. The sacre. On April 20, 1914, 20 southern terests and values of working men and institute has organized the Matt Coloradan men, women and children women by advocating for the best edu- Klemchalk Scholarship in his name to tragically lost their lives in one of the cation and training to achieve the honor his memory and help other pro- most dramatic confrontations for highest quality standards, safer work- spective engineers follow in Matt’s workers’ rights in the United States. ing conditions, fair compensation, indi- footsteps to meaningful community en- As we reflect on this tragedy, let us re- vidual security and strong intellectual, gagement and service. member these brave Coloradans whose moral, and social conditions. While He is survived by his parents Mat- courageousness prompted lasting these efforts have been critical to the thew and Jane and his sister, Jennifer, changes in national labor relations. success of its members, every Amer- and will be missed by many others The families of Ludlow 100 years ago ican has benefitted from the work of whom he touched during his short life. aren’t that different from Coloradans organized labor and locals like IBEW The great State of New Jersey is bet- today. They, too, came to Colorado in Local 153, to promote standard working ter today for his dedication to detail search of opportunity and a better life. hours, a living wage, worker safety, as and passion for engineering, and my But unlike today’s Coloradans, these well as strong families and stronger condolences go to his family and loved miners worked prolonged days in un- communities. ones. I would encourage more of Amer- safe working conditions, had few pro- Congratulations to the officers of ica’s youth to follow his example of liv- tections or avenues for airing griev- IBEW Local 153 including Michael ing your dreams to the benefit of your ances, and spent much of their income Leda, president; Shawn Huffine, vice community and your country.∑ to pay mine operators for inflated rent

VerDate Mar 15 2010 03:57 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.036 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 29, 2014 CONGRESSIONAL RECORD — SENATE S2467 and supplies. Ludlow miners, rep- sibility of designating the Prison Ship Mar- H.R. 3110. An act to allow for the harvest of resenting a cross-section of early 20th tyrs’ Monument in Fort Greene Park, in the gull eggs by the Huna Tlingit people within century America, stood together as one New York City borough of Brooklyn, as a Glacier Bay National Park in the State of to fight for fair wages, safer working unit of the National Park System. Alaska. H.R. 3110. An act to allow for the harvest of f conditions, the right to live and shop gull eggs by the Huna Tlingit people within where they wanted, an 8-hour workday, Glacier Bay National Park in the State of EXECUTIVE AND OTHER and dignity in the workplace. In doing Alaska. COMMUNICATIONS so, some of these men, women, and H.R. 4032. An act to exempt from Lacey The following communications were children paid dearly with their lives. Act Amendments of 1981 certain water trans- fers by the North Texas Municipal Water laid before the Senate, together with After major coal companies rejected accompanying papers, reports, and doc- the demands of the miners and evicted District and the Greater Texoma Utility Au- thority, and for other purposes. uments, and were referred as indicated: Ludlow residents from their company H.R. 4120. An act to amend the National EC–5364. A communication from the Prin- homes for striking, a tent community Law Enforcement Museum Act to extend the cipal Deputy Assistant Attorney General, Of- arose outside of Ludlow. This camp is termination date. fice of Legislative Affairs, Department of where months of escalation would H.R. 4192. An act to amend the Act entitled Justice, transmitting, pursuant to law, a re- reach its dramatic and tragic conclu- ‘‘An Act to regulate the height of buildings port entitled ‘‘Uniformed Services Employ- sion. On April 20, 1914, a gun battle in the District of Columbia’’ to clarify the ment and Reemployment Rights Act of 1994 erupted between miners and National rules of the District of Columbia regarding (USERRA) Quarterly Report to Congress; human occupancy of penthouses above the Guardsmen acting alongside the Colo- Fourth Quarter of Fiscal Year 2013’’; to the top story of the building upon which the Committee on Veterans’ Affairs. rado Fuel and Iron Company security penthouse is placed. EC–5365. A communication from the Prin- personnel. Over 20 individuals lost H.R. 4194. An act to provide for the elimi- cipal Deputy Assistant Attorney General, Of- their lives in this fight, including 11 nation or modification of Federal reporting fice of Legislative Affairs, Department of children and 2 women trapped beneath requirements. Justice, transmitting, pursuant to law, a re- a burning tent in a pit meant to serve The message also announced that the port entitled ‘‘Uniformed Services Employ- as refuge. The public outrage over the House has passed the following bill, ment and Reemployment Rights Act of 1994 Ludlow Massacre, as it came to be without amendment: (USERRA) Quarterly Report to Congress; First Quarter of Fiscal Year 2014’’; to the known, was intense and deep. S. 994. A bill to expand the Federal Fund- Committee on Veterans’ Affairs. A century after this historic event, ing Accountability and Transparency Act of EC–5366. A communication from the Sec- we remember those who lost their lives 2006 to increase accountability and trans- retary of Health and Human Services, trans- and honor the courage of the Colo- parency in Federal spending, and for other mitting, pursuant to law, the report of viola- radans who stood up for their rights. purposes. tions of the Antideficiency Act; to the Com- Because of their bravery, mining towns f mittee on Appropriations. began to enact reforms that banned EC–5367. A communication from the Direc- MEASURES REFERRED tor of the Regulatory Review Group, Com- child labor, improved worker safety, The following bills were read the first modity Credit Corporation, Department of and protected unionized workers from and the second times by unanimous Agriculture, transmitting, pursuant to law, discrimination. Legislation in 1933 en- consent, and referred as indicated: the report of a rule entitled ‘‘Supplemental abled unionization throughout Colo- Agricultural Disaster Assistance Programs, H.R. 298. An act to direct the Secretary of Payment Limitations, and Payment Eligi- rado’s coalfields, protecting mine the Interior to conduct a special resource bility’’ (RIN0560–AI21) received during ad- workers who continue contributing to study to evaluate the significance of the Mill journment of the Senate in the Office of the our State’s economy. The Ludlow Mas- Springs Battlefield located in Pulaski and President of the Senate on April 17, 2014; to sacre was also a watershed moment Wayne Counties, Kentucky, and the feasi- the Committee on Agriculture, Nutrition, bility of its inclusion in the National Park that ushered in a national shift in and Forestry. labor relations, including the passage System, and for other purposes; to the Com- EC–5368. A communication from the Direc- of the National Labor Relations Act, mittee on Energy and Natural Resources. tor of the Regulatory Review Group, Com- which protects workers’ most basic H.R. 930. An act to authorize the Secretary modity Credit Corporation, Department of of the Interior to conduct a special resource rights. Agriculture, transmitting, pursuant to law, study of the archeological site and sur- the report of a rule entitled ‘‘Tobacco Tran- During the 100th anniversary of the rounding land of the New Philadelphia town Ludlow Massacre, we recognize our ap- sition Program Assessments; Final Appeals site in the State of Illinois, and for other and Revisions Procedures’’ (RIN0560–AH30) preciation for the progress of American purposes; to the Committee on Energy and received during adjournment of the Senate labor relations in exchange for the ulti- Natural Resources. in the Office of the President of the Senate H.R. 1501. An act to direct the Secretary of mate sacrifices of these Coloradans and on April 17, 2014; to the Committee on Agri- the Interior to study the suitability and fea- many other American workers. culture, Nutrition, and Forestry. sibility of designating the Prison Ship Mar- Thank you for joining me in remem- EC–5369. A communication from the Direc- tyrs’ Monument in Fort Greene Park, in the tor of the Issuances Staff, Food Safety and brance and reflection of this important New York City borough of Brooklyn, as a day.∑ Inspection Service, Department of Agri- unit of the National Park System; to the culture, transmitting, pursuant to law, the f Committee on Energy and Natural Re- report of a rule entitled ‘‘Prior Label Ap- sources. proval System: Generic Label Approval’’ MESSAGE FROM THE HOUSE H.R. 4032. An act to exempt from Lacey (RIN0583–AC59) received during adjournment Act Amendments of 1981 certain water trans- At 2:16 p.m., a message from the of the Senate in the Office of the President fers by the North Texas Municipal Water House of Representatives, delivered by of the Senate on April 21, 2014; to the Com- District and the Greater Texoma Utility Au- mittee on Agriculture, Nutrition, and For- Mr. Novotny, one of its reading clerks, thority, and for other purposes; to the Com- estry. announced that the House has passed mittee on Environment and Public Works. the following bills, in which it requests EC–5370. A communication from the Chief H.R. 4194. An act to provide for the elimi- of the Planning and Regulatory Affairs Of- the concurrence of the Senate: nation or modification of Federal reporting fice, Food and Nutrition Service, Depart- H.R. 298. An act to direct the Secretary of requirements; to the Committee on Home- ment of Agriculture, transmitting, pursuant the Interior to conduct a special resource land Security and Governmental Affairs. to law, the report of a rule entitled ‘‘Profes- study to evaluate the significance of the Mill f sional Standards for State and Local School Springs Battlefield located in Pulaski and MEASURES PLACED ON THE Nutrition Programs Personnel as Required Wayne Counties, Kentucky, and the feasi- by the Healthy, Hunger-Free Kids Act of bility of its inclusion in the National Park CALENDAR 2010’’ (RIN0584–AE19) received during ad- System, and for other purposes. The following bill was read the sec- journment of the Senate in the Office of the H.R. 930. An act to authorize the Secretary ond time, and placed on the calendar: President of the Senate on April 23, 2014; to of the Interior to conduct a special resource S. 2262. A bill to promote energy savings in the Committee on Agriculture, Nutrition, study of the archeological site and sur- residential buildings and industry, and for and Forestry. rounding land of the New Philadelphia town other purposes. EC–5371. A communication from the Asso- site in the State of Illinois, and for other ciate Administrator of the Fruit and Vege- purposes. The following bill was read the first table Programs, Agricultural Marketing H.R. 1501. An act to direct the Secretary of and second times by unanimous con- Service, Department of Agriculture, trans- the Interior to study the suitability and fea- sent, and placed on the calendar: mitting, pursuant to law, the report of a rule

VerDate Mar 15 2010 03:57 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G29AP6.074 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2468 CONGRESSIONAL RECORD — SENATE April 29, 2014 entitled ‘‘Regulations Issued Under the Ex- ((RIN0750–AI18) (DFARS Case 2014–D006)) re- ant to law, the Uniform Resource Locator port Apple Act; Exempting Bulk Shipments ceived during adjournment of the Senate in (URL) for the Department of Defense 2014 to Canada From Minimum Requirements and the Office of the President of the Senate on Major Automated Information System Inspection’’ (Docket No. AMS–FV–14–0022) April 16, 2014; to the Committee on Armed (MAIS) Annual Reports (MARs) and an index received in the Office of the President of the Services. of the 41 MARs; to the Committee on Armed Senate on April 11, 2014; to the Committee on EC–5381. A communication from the Acting Services. Agriculture, Nutrition, and Forestry. Senior Procurement Executive, Office of Ac- EC–5391. A communication from the Acting EC–5372. A communication from the Asso- quisition Policy, General Services Adminis- Under Secretary of Defense (Personnel and ciate Director, National Institute of Food tration, transmitting, pursuant to law, the Readiness), transmitting a report on the ap- and Agriculture, Department of Agriculture, report of a rule entitled ‘‘Federal Acquisi- proved retirement of Vice Admiral Michael transmitting, pursuant to law, the report of tion Regulation; Technical Amendments’’ A. LeFever, United States Navy, and his ad- a rule entitled ‘‘Hispanic-Serving Agricul- (FAC 2005–73) received in the Office of the vancement to the grade of vice admiral on tural Colleges and Universities’’ (RIN0524– President of the Senate on April 28, 2014; to the retired list; to the Committee on Armed AA39) received during adjournment of the the Committee on Homeland Security and Services. Senate in the Office of the President of the Governmental Affairs. EC–5392. A communication from the Acting Senate on April 23, 2014; to the Committee on EC–5382. A communication from the Acting Under Secretary of Defense (Personnel and Agriculture, Nutrition, and Forestry. Senior Procurement Executive, Office of Ac- Readiness), transmitting the report of six (6) EC–5373. A communication from the Con- quisition Policy, General Services Adminis- officers authorized to wear the insignia of gressional Review Coordinator, Animal and tration, transmitting, pursuant to law, the the grade of major general in accordance Plant Health Inspection Service, Department report of a rule entitled ‘‘Federal Acquisi- with title 10, United States Code, section 777; of Agriculture, transmitting, pursuant to tion Regulation; Small Entity Compliance to the Committee on Armed Services. law, the report of a rule entitled ‘‘Pine Shoot Guide’’ (FAC 2005–73) received in the Office of EC–5393. A communication from the Assist- Beetle; Addition of Quarantined Areas and the President of the Senate on April 28, 2014; ant Secretary of Defense (Special Operations Regulated Articles’’ (Docket No. APHIS– to the Committee on Homeland Security and and Low Intensity Conflict) Performing the 2010–0031) received during adjournment of the Governmental Affairs. Duties of the Under Secretary of Defense Senate in the Office of the President of the EC–5383. A communication from the Acting (Policy), transmitting, pursuant to law, a re- Senate on April 17, 2014; to the Committee on Senior Procurement Executive, Office of Ac- port entitled ‘‘Combating Terrorism Activi- Agriculture, Nutrition, and Forestry. quisition Policy, General Services Adminis- ties Fiscal Year 2015 Budget Estimates’’; to EC–5374. A communication from the Con- tration, transmitting, pursuant to law, the the Committee on Armed Services. gressional Review Coordinator, Animal and report of a rule entitled ‘‘Federal Acquisi- EC–5394. A communication from the Chair- Plant Health Inspection Service, Department tion Regulation; Federal Acquisition Cir- man and President of the Export-Import of Agriculture, transmitting, pursuant to cular 2005–73; Introduction’’ (FAC 2005–73) re- Bank, transmitting a legislative proposal law, the report of a rule entitled ‘‘Asian ceived in the Office of the President of the relative to providing a five-year reauthoriza- Longhorned Beetle; Quarantined Areas in Senate on April 28, 2014; to the Committee on tion of the Export-Import Bank of the Ohio’’ (Docket No. APHIS–2013–0004) received Homeland Security and Governmental Af- United States; to the Committee on Bank- during adjournment of the Senate in the Of- fairs. ing, Housing, and Urban Affairs. fice of the President of the Senate on April EC–5384. A communication from the Acting EC–5395. A communication from the Acting 17, 2014; to the Committee on Agriculture, Senior Procurement Executive, Office of Ac- Chief Counsel, Federal Emergency Manage- Nutrition, and Forestry. quisition Policy, General Services Adminis- ment Agency, Department of Homeland Se- EC–5375. A communication from the Sec- tration, transmitting, pursuant to law, the curity, transmitting, pursuant to law, the re- retary of the Army, transmitting, pursuant report of a rule entitled ‘‘Federal Acquisi- port of a rule entitled ‘‘Suspension of Com- to law, a report relative to the Program Ac- tion Regulation; FAR Case 2011–018, Positive munity Eligibility’’ (Docket No. FEMA–2013– quisition Unit Cost (PAUC) and Average Pro- Law Codification of Title 41’’ (RIN9000–AM30) 0002) received during adjournment of the curement Unit Cost (APUC) for the received in the Office of the President of the Senate in the Office of the President of the Handheld, Manpack and Small Form Fit pro- Senate on April 28, 2014; to the Committee on Senate on April 16, 2014; to the Committee on gram; to the Committee on Armed Services. Homeland Security and Governmental Af- Banking, Housing, and Urban Affairs. EC–5376. A communication from the Acting fairs. EC–5396. A communication from the Direc- Under Secretary of Defense (Personnel and EC–5385. A communication from the Assist- tor of Legislative Affairs, Federal Deposit Readiness), transmitting a report on the ap- ant Secretary of Defense (Global Strategic Insurance Corporation, transmitting, pursu- proved retirement of Lieutenant General Affairs), transmitting, pursuant to law, a re- ant to law, the report of a rule entitled John F. Mulholland, Jr., United States port relative to the utilization of a contribu- ‘‘Regulatory Capital Rules: Regulatory Cap- Army, and his advancement to the grade of tion to the Cooperative Threat Reduction ital, Implementation of Basel III, Capital lieutenant general on the retired list; to the (CTR) Program; to the Committee on Armed Adequacy, Transition Provisions, Prompt Committee on Armed Services. Services. Corrective Action, Standardized Approach EC–5377. A communication from the Under EC–5386. A communication from the Sec- for Risk-Weighted Assets, Market Discipline Secretary of Defense (Acquisition, Tech- retary of the Air Force, transmitting, pursu- and Disclosure Requirements, Advanced Ap- nology and Logistics), transmitting, pursu- ant to law, a report relative to the Program proaches Risk-Based Capital Rule, and Mar- ant to law, the Department of Defense corro- Acquisition Unit Cost (PAUC) and Average ket Risk Capital Rule’’ (RIN3064–AD95) re- sion report for fiscal year 2015; to the Com- Procurement Unit Cost (APUC) for the Air- ceived in the Office of the President of the mittee on Armed Services. borne Warning and Control System (AWACS) Senate on April 28, 2014; to the Committee on EC–5378. A communication from the Direc- Block 40/45 Upgrade program; to the Com- Banking, Housing, and Urban Affairs. tor of Defense Procurement and Acquisition mittee on Armed Services. EC–5397. A communication from the Assist- Policy, Department of Defense, transmit- EC–5387. A communication from the Sec- ant Secretary for Export Administration, ting, pursuant to law, the report of a rule en- retary of the Navy, transmitting, pursuant Bureau of Industry and Security, Depart- titled ‘‘Defense Federal Acquisition Regula- to law, a report relative to the Program Ac- ment of Commerce, transmitting, pursuant tion Supplement: Contracting Officer’s Rep- quisition Unit Cost (PAUC) and Average Pro- to law, the report of a rule entitled ‘‘Addi- resentative’’ ((RIN0750–AI21) (DFARS Case curement Unit Cost (APUC) for the Vertical tion of Person to the Entity List’’ (RIN0694– 2013–D023)) received during adjournment of Takeoff and Landing Tactical Unmanned AG14) received during adjournment of the the Senate in the Office of the President of Aerial Vehicle (VTUAV) program; to the Senate in the Office of the President of the the Senate on April 17, 2014; to the Com- Committee on Armed Services. Senate on April 22, 2014; to the Committee on mittee on Armed Services. EC–5388. A communication from the Under Banking, Housing, and Urban Affairs. EC–5379. A communication from the Direc- Secretary of Defense (Acquisition, Tech- EC–5398. A communication from the Dep- tor of Defense Procurement and Acquisition nology and Logistics), transmitting, pursu- uty Secretary of the Treasury, transmitting, Policy, Department of Defense, transmit- ant to law, a report relative to the oper- pursuant to law, a six-month periodic report ting, pursuant to law, the report of a rule en- ations of the National Defense Stockpile on the national emergency with respect to titled ‘‘Defense Federal Acquisition Regula- (NDS) for fiscal year 2013; to the Committee the stabilization of Iraq that was declared in tion Supplement: Clauses with Alternates- on Armed Services. Executive Order 13303 of May 22, 2003; to the Contract Financing’’ ((RIN0750–AI) (DFARS EC–5389. A communication from the Under Committee on Banking, Housing, and Urban Case 2013–D014)) received during adjournment Secretary of Defense (Acquisition, Tech- Affairs. of the Senate in the Office of the President nology and Logistics), transmitting, pursu- EC–5399. A communication from the Execu- of the Senate on April 16, 2014; to the Com- ant to law, the National Defense Stockpile tive Vice President and Chief Financial Offi- mittee on Armed Services. (NDS) Annual Materials Plan for fiscal year cer, Federal Home Loan Bank of Chicago, EC–5380. A communication from the Direc- 2015 and the succeeding 4 years, fiscal years transmitting, pursuant to law, the Bank’s tor of Defense Procurement and Acquisition 2016–2019; to the Committee on Armed Serv- 2013 management reports; to the Committee Policy, Department of Defense, transmit- ices. on Banking, Housing, and Urban Affairs. ting, pursuant to law, the report of a rule en- EC–5390. A communication from the Under EC–5400. A communication from the Dep- titled ‘‘Defense Federal Acquisition Regula- Secretary of Defense (Acquisition, Tech- uty Secretary of the Treasury, transmitting, tion Supplement: Photovoltaic Devices’’ nology, and Logistics), transmitting, pursu- pursuant to law, a six-month periodic report

VerDate Mar 15 2010 03:57 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.009 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 29, 2014 CONGRESSIONAL RECORD — SENATE S2469 on the national emergency with respect to Commission, transmitting, pursuant to law, 2389-N) received during adjournment of the Yemen that was originally declared in Exec- the report of a rule entitled ‘‘Frequency Re- Senate in the Office of the President of the utive Order 13611 on May 16, 2012; to the Com- sponse and Frequency Bias Setting Reli- Senate on April 22, 2014; to the Committee on mittee on Banking, Housing, and Urban Af- ability Standard’’ (Docket No. RM13–11–000) Finance. fairs. received during adjournment of the Senate EC–5419. A communication from the Assist- EC–5401. A communication from the Sec- in the Office of the President of the Senate ant Secretary, Legislative Affairs, Depart- retary of the Treasury, transmitting, pursu- on April 15, 2014; to the Committee on En- ment of State, transmitting, pursuant to ant to law, a six-month periodic report on ergy and Natural Resources. law, a report relative to entering into a the national emergency declared in Execu- EC–5411. A communication from the Des- Memorandum of Understanding Between the tive Order 12978 of October 21, 1995, with re- ignated Federal Official, Department of Government of the United States of America spect to significant narcotics traffickers cen- Homeland Security, transmitting, pursuant and the Government of the Republic of Bul- tered in Colombia; to the Committee on to law, a report relative to the United States garia Concerning the Imposition of Import Banking, Housing, and Urban Affairs. World War One Centennial Commission; to Restrictions on Categories of Archaeological EC–5402. A communication from the Sec- the Committee on Energy and Natural Re- and Ecclesiastical Ethnological Material of retary of the Treasury, transmitting, pursu- sources. the Republic of Bulgaria; to the Committee ant to law, a six-month periodic report on EC–5412. A communication from the Ad- on Finance. the national emergency with respect to ministrator, U.S. Energy Information Ad- EC–5420. A communication from the Sec- Burma that was declared in Executive Order ministration, Department of Energy, trans- retary of Health and Human Services, trans- 13047 of May 20, 1997; to the Committee on mitting, pursuant to law, a report entitled mitting, pursuant to law, a report entitled Banking, Housing, and Urban Affairs. ‘‘The Availability and Price of Petroleum ‘‘Report to Congress on Preventive Services EC–5403. A communication from the Gen- and Petroleum Products Produced in Coun- and Obesity-related Services Available to eral Counsel of the National Credit Union tries Other Than Iran’’; to the Committee on Medicaid Enrollees’’; to the Committee on Administration, transmitting, pursuant to Energy and Natural Resources. Finance. law, the report of a rule entitled ‘‘Technical EC–5413. A communication from the Assist- EC–5421. A communication from the In- Amendments’’ (RIN3133–AE33) received dur- ant Secretary, Office of Electricity Delivery spector General of the Department of Health ing adjournment of the Senate in the Office and Energy Reliability, Department of En- and Human Services, transmitting, pursuant of the President of the Senate on April 24, ergy, transmitting, pursuant to law, a report to law, a report entitled ‘‘Medicaid Integrity 2014; to the Committee on Banking, Housing, entitled ‘‘2013 Economic Dispatch and Tech- Program Report for Fiscal Year 2013’’; to the and Urban Affairs. nological Change’’; to the Committee on En- EC–5404. A communication from the Acting Committee on Finance. ergy and Natural Resources. EC–5422. A communication from the Acting Director of Congressional Affairs, Nuclear EC–5414. A communication from the Senior Regulatory Commission, transmitting, pur- Commissioner of the Social Security Admin- Counsel for Regulatory Affairs, Department istration, transmitting, pursuant to law, a suant to law, the report of a rule entitled of the Treasury, transmitting, pursuant to ‘‘List of Approved Spent Fuel Storage Casks: report relative to contracting with the Na- law, the report of a rule entitled ‘‘Depart- tional Academy of Sciences for a committee Transnuclear, Inc. Standardized NUHOMS ment of the Treasury Acquisition Regula- Cask System’’ (RIN3150–AJ28) received dur- of medical experts to assist with disability tions; Contract Clause on Minority and issues; to the Committee on Finance. ing adjournment of the Senate in the Office Women Inclusion in Contractor Workforce’’ of the President of the Senate on April 22, (RIN1505–AC40) received during adjournment f 2014; to the Committee on Environment and of the Senate in the Office of the President EXECUTIVE REPORTS OF Public Works. of the Senate on April 22, 2014; to the Com- EC–5405. A communication from the Assist- COMMITTEE mittee on Finance. ant Secretary of the Army (Civil Works), EC–5415. A communication from the Chief The following executive reports of transmitting, pursuant to law, a report rel- of the Publications and Regulations Branch, nominations were submitted: ative to the City of Springfield, Greene Internal Revenue Service, Department of the County, Missouri, flood risk management By Mr. JOHNSON, of South Dakota, for Treasury, transmitting, pursuant to law, the project; to the Committee on Environment the Committee on Banking, Housing, and report of a rule entitled ‘‘Treatment of and Public Works. Urban Affairs. EC–5406. A communication from the Assist- United States Persons that Own Stock of *J. Mark McWatters, of Texas, to be a ant Secretary of the Army (Civil Works), Passive Foreign Investment Companies Member of the National Credit Union Admin- transmitting, pursuant to law, the report of Through Certain Organizations and Accounts istration Board for a term expiring August 2, the Secretary of the Army’s recommenda- that Are Tax Exempt’’ (Notice 2014–28) re- 2019. tion to increase the authorized cost of the ceived during adjournment of the Senate in *Stanley Fischer, of New York, to be Vice Cape Girardeau, Missouri, Reconstruction the Office of the President of the Senate on Chairman of the Board of Governors of the project; to the Committee on Environment April 16, 2014; to the Committee on Finance. Federal Reserve System for a term of four and Public Works. EC–5416. A communication from the Chief years. EC–5407. A communication from the Prin- of the Publications and Regulations Branch, *Stanley Fischer, of New York, to be a cipal Deputy Assistant Secretary of Land Internal Revenue Service, Department of the Member of the Board of Governors of the and Minerals Management, Bureau of Ocean Treasury, transmitting, pursuant to law, the Federal Reserve System for the unexpired Energy Management, Department of the In- report of a rule entitled ‘‘Determination of term of fourteen years from February 1, 2006. terior, transmitting, pursuant to law, the re- Housing Cost Amounts Eligible for Exclusion *Lael Brainard, of the District of Colum- port of a rule entitled ‘‘Timing Require- or Deduction for 2014’’ (Notice 2014–29) re- bia, to be a Member of the Board of Gov- ments for the Submission of a Site Assess- ceived during adjournment of the Senate in ernors of the Federal Reserve System for a ment Plan (SAP) or General Activities Plan the Office of the President of the Senate on term of fourteen years from February 1, 2012. (GAP) for a Renewable Energy Project on April 16, 2014; to the Committee on Finance. *Gustavo Vela´ zquez Aguilar, of the Dis- the Outer Continental Shelf (OCS)’’ EC–5417. A communication from the Dep- trict of Columbia, to be an Assistant Sec- (RIN1010–AD77) received during adjournment uty Director, Centers for Medicare and Med- retary of Housing and Urban Development. of the Senate in the Office of the President icaid Services, Department of Health and *Jerome H. Powell, of Maryland, to be a of the Senate on April 16, 2014; to the Com- Human Services, transmitting, pursuant to Member of the Board of Governors of the mittee on Energy and Natural Resources. law, the report of a rule entitled ‘‘Medicare Federal Reserve System for a term of four- EC–5408. A communication from the Assist- Program; Extension of the Payment Adjust- teen years from February 1, 2014. ant General Counsel for Legislation, Regula- ment for Low-Volume Hospitals and the *Nani A. Coloretti, of California, to be Dep- tion and Energy Efficiency, Department of Medicare-Dependent Hospital (MDH) Pro- uty Secretary of Department of Housing and Energy, transmitting, pursuant to law, the gram Under the Hospital Inpatient Prospec- Urban Development. report of a rule entitled ‘‘Energy Conserva- tive Payment Systems (IPPS) for Acute Care *Nomination was reported with rec- Hospitals for Fiscal Year 2014’’ (RIN0938– tion Program: Test Procedures for Refrig- ommendation that it be confirmed sub- erators, Refrigerator-Freezers, and Freezers’’ AR12) received during adjournment of the (RIN1904–AC76) received during adjournment Senate in the Office of the President of the ject to the nominee’s commitment to of the Senate in the Office of the President Senate on April 22, 2014; to the Committee on respond to requests to appear and tes- of the Senate on April 22, 2014; to the Com- Finance. tify before any duly constituted com- mittee on Energy and Natural Resources. EC–5418. A communication from the Dep- mittee of the Senate. uty Director, Centers for Medicare and Med- EC–5409. A communication from the f Human Resources Specialist, Office of the icaid Services, Department of Health and Executive Director, Office of Navajo and Human Services, transmitting, pursuant to INTRODUCTION OF BILLS AND Hopi Indian Relocation, transmitting, pursu- law, the report of a rule entitled ‘‘Medicaid JOINT RESOLUTIONS Program; Preliminary Disproportionate ant to law, the Office’s annual report on the The following bills and joint resolu- category rating system; to the Committee on Share Hospital Allotments (DSH) for Fiscal Indian Affairs. Year (FY) 2014 and the Preliminary Institu- tions were introduced, read the first EC–5410. A communication from the Acting tions for Mental Diseases Disproportionate and second times by unanimous con- General Counsel, Federal Energy Regulatory Share Hospital Limits for FY 2014’’ (CMS– sent, and referred as indicated:

VerDate Mar 15 2010 03:57 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.011 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2470 CONGRESSIONAL RECORD — SENATE April 29, 2014 By Mr. PAUL (for himself, Mr. COBURN, attention to the health disparities faced by the Omnibus Crime Control and Safe Mr. INHOFE, Mr. MORAN, Mr. MCCON- minority populations of the United States, Streets Act of 1968 to extend the au- NELL, Mr. WICKER, Mr. COATS, Mr. such as American Indians, Alaska Natives, thorization of the Bulletproof Vest GRAHAM, Mr. BURR, Mr. ROBERTS, Mr. Asian Americans, African Americans, His- Partnership Grant Program through CORNYN, Mr. SHELBY, Mr. HATCH, Mr. panic Americans, and Native Hawaiians or TOOMEY, and Mr. LEE): other Pacific Islanders; considered and fiscal year 2018. S. 2265. A bill to prohibit certain assistance agreed to. S. 1069 to the Palestinian Authority; to the Com- By Mr. MENENDEZ (for himself, Mr. At the request of Mrs. GILLIBRAND, mittee on Foreign Relations. REID, Mr. CRAPO, Mr. BENNET, Mr. the name of the Senator from Con- By Mr. CARPER (for himself and Ms. DURBIN, Mrs. MURRAY, Mr. UDALL of necticut (Mr. BLUMENTHAL) was added COLLINS): Colorado, Mr. REED, Ms. LANDRIEU, as a cosponsor of S. 1069, a bill to pro- S. 2266. A bill to amend chapter 81 of title Mr. HEINRICH, and Mr. BOOKER): 5, United States Code, to establish a pre- S. Res. 429. A resolution designating April hibit discrimination in adoption or fos- sumption that a disability or death of a Fed- 30, 2014, as ‘‘Dia de los Ninos: Celebrating ter care placements based on the sex- eral employee in fire protection activities Young Americans’’; considered and agreed ual orientation, gender identity, or caused by certain diseases is the result of the to. marital status of any prospective adop- performance of the duties of the employee; f tive or foster parent, or the sexual ori- to the Committee on Homeland Security and entation or gender identity of the child ADDITIONAL COSPONSORS Governmental Affairs. involved. By Mr. COONS (for himself and Mr. S. 313 S. 1174 HATCH): S. 2267. A bill to modify chapter 90 of title At the request of Mr. CASEY, the At the request of Mr. BLUMENTHAL, 18, United States Code, to provide Federal ju- name of the Senator from Colorado the names of the Senator from Wyo- risdiction for theft of trade secrets; to the (Mr. UDALL) was added as a cosponsor ming (Mr. BARRASSO) and the Senator Committee on the Judiciary. of S. 313, a bill to amend the Internal from Wisconsin (Mr. JOHNSON) were By Mr. UDALL of New Mexico (for Revenue Code of 1986 to provide for the added as cosponsors of S. 1174, a bill to himself, Mr. HEINRICH, and Mrs. tax treatment of ABLE accounts estab- award a Congressional Gold Medal to GILLIBRAND): lished under State programs for the the 65th Infantry Regiment, known as S. 2268. A bill to establish grant programs care of family members with disabil- to improve the health of border area resi- the Borinqueneers. dents and for all hazards preparedness in the ities, and for other purposes. S. 1249 border area including bioterrorism, infec- S. 375 At the request of Mr. BLUMENTHAL, tious disease, and noncommunicable emerg- At the request of Mr. TESTER, the the name of the Senator from Wyoming ing threats, and for other purposes; to the name of the Senator from Maine (Ms. (Mr. ENZI) was added as a cosponsor of Committee on Health, Education, Labor, and COLLINS) was added as a cosponsor of S. S. 1249, a bill to rename the Office to Pensions. 375, a bill to require Senate candidates By Mr. UDALL of New Mexico: Monitor and Combat Trafficking of the S. 2269. A bill to amend the Workforce In- to file designations, statements, and Department of State the Bureau to vestment Act of 1998 to prepare individuals reports in electronic form. Monitor and Combat Trafficking in with multiple barriers to employment to S. 462 Persons and to provide for an Assistant enter the workforce by providing such indi- At the request of Mrs. BOXER, the Secretary to head such Bureau, and for viduals with support services, job training, name of the Senator from Louisiana other purposes. and education, and for other purposes; to the (Mr. VITTER) was added as a cosponsor Committee on Health, Education, Labor, and S. 1349 Pensions. of S. 462, a bill to enhance the strategic At the request of Mr. MORAN, the By Ms. COLLINS (for herself, Mr. partnership between the United States names of the Senator from North Caro- BROWN, Mr. JOHANNS, Mr. KIRK, and and Israel. lina (Mr. BURR) and the Senator from Mr. TESTER): S. 635 Oklahoma (Mr. INHOFE) were added as S. 2270. A bill to clarify the application of At the request of Mr. BROWN, the cosponsors of S. 1349, a bill to enhance certain leverage and risk-based requirements name of the Senator from Colorado the ability of community financial in- under the Dodd-Frank Wall Street Reform and Consumer Protection Act; to the Com- (Mr. UDALL) was added as a cosponsor stitutions to foster economic growth mittee on Banking, Housing, and Urban Af- of S. 635, a bill to amend the Gramm- and serve their communities, boost fairs. Leach-Bliley Act to provide an excep- small businesses, increase individual tion to the annual written privacy no- savings, and for other purposes. f tice requirement. S. 1379 SUBMISSION OF CONCURRENT AND At the request of Mr. MORAN, the At the request of Mr. HELLER, the SENATE RESOLUTIONS names of the Senator from Tennessee name of the Senator from New Hamp- The following concurrent resolutions (Mr. CORKER) and the Senator from shire (Ms. AYOTTE) was added as a co- and Senate resolutions were read, and Mississippi (Mr. COCHRAN) were added sponsor of S. 1379, a bill to amend the referred (or acted upon), as indicated: as cosponsors of S. 635, supra. Communications Act of 1934 to consoli- By Mr. CASEY: S. 727 date the reporting obligations of the S. Res. 425. A resolution expressing support At the request of Mr. MORAN, the Federal Communications Commission for the goals and ideals of ‘‘National Donate names of the Senator from South Caro- in order to improve congressional over- Life Month’’; to the Committee on Health, lina (Mr. GRAHAM) and the Senator sight and reduce reporting burdens. Education, Labor, and Pensions. from Oklahoma (Mr. INHOFE) were S. 1431 By Mr. COONS (for himself, Mr. added as cosponsors of S. 727, a bill to WICKER, Mr. BOOZMAN, Mr. BROWN, At the request of Mr. WYDEN, the Mr. COCHRAN, Mr. INHOFE, Mr. DUR- improve the examination of depository names of the Senator from Arizona BIN, Mr. RUBIO, and Mr. KIRK): institutions, and for other purposes. (Mr. MCCAIN) and the Senator from S. Res. 426. A resolution supporting the S. 872 Ohio (Mr. PORTMAN) were added as co- goals and ideals of World Malaria Day; to the At the request of Mr. TOOMEY, the sponsors of S. 1431, a bill to perma- Committee on Foreign Relations. name of the Senator from Maine (Mr. nently extend the Internet Tax Free- By Mr. CARDIN (for himself and Mr. KING) was added as a cosponsor of S. dom Act. GRASSLEY): S. Res. 427. A resolution expressing the 872, a bill to amend the Securities Ex- S. 1688 sense of the Senate about the importance of change Act of 1934, to make the share- At the request of Mr. KIRK, the name effective civic education programs in schools holder threshold for registration of of the Senator from California (Mrs. in the United States; considered and agreed savings and loan holding companies the FEINSTEIN) was added as a cosponsor of to. same as for bank holding companies. S. 1688, a bill to award the Congres- By Mr. CARDIN (for himself, Mr. S. 933 sional Gold Medal to the members of SCHATZ, and Mr. MENENDEZ): S. Res. 428. A resolution promoting minor- At the request of Mr. LEAHY, the the Office of Strategic Services (OSS), ity health awareness and supporting the name of the Senator from Michigan collectively, in recognition of their su- goals and ideals of National Minority Health (Ms. STABENOW) was added as a cospon- perior service and major contributions Month in April 2014, which include bringing sor of S. 933, a bill to amend title I of during World War II.

VerDate Mar 15 2010 03:57 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.017 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 29, 2014 CONGRESSIONAL RECORD — SENATE S2471 S. 1799 removal of Senior Executive Service Richard B. Russell National School At the request of Mr. COONS, the employees of the Department of Vet- Lunch Act and the Child Nutrition Act name of the Senator from Nebraska erans Affairs for performance, and for of 1966 to increase the number of chil- (Mrs. FISCHER) was added as a cospon- other purposes. dren eligible for free school meals, with sor of S. 1799, a bill to reauthorize sub- S. 2037 a phased-in transition period, with an title A of the Victims of Child Abuse At the request of Mr. ROBERTS, the offset. Act of 1990. names of the Senator from Indiana S. 2252 S. 1823 (Mr. COATS) and the Senator from Or- At the request of Mr. VITTER, the At the request of Mr. RUBIO, the egon (Mr. MERKLEY) were added as co- name of the Senator from Missouri name of the Senator from New York sponsors of S. 2037, a bill to amend title (Mr. BLUNT) was added as a cosponsor (Mrs. GILLIBRAND) was added as a co- XVIII of the Social Security Act to re- of S. 2252, a bill to reaffirm the impor- sponsor of S. 1823, a bill to amend part move the 96-hour physician certifi- tance of community banking and com- E of title IV of the Social Security Act cation requirement for inpatient crit- munity banking regulatory experience to better enable State child welfare ical access hospital services. on the Federal Reserve Board of Gov- agencies to prevent human trafficking S. 2092 ernors, to ensure that the Federal Re- of children and serve the needs of chil- At the request of Mr. MARKEY, the serve Board of Governors has a member dren who are victims of human traf- name of the Senator from New Hamp- who has previous experience in commu- ficking, and for other purposes. shire (Ms. AYOTTE) was added as a co- nity banking or community banking S. 1911 sponsor of S. 2092, a bill to provide cer- supervision, and for other purposes. At the request of Mr. SCOTT, the tain protections from civil liability S.J. RES. 19 name of the Senator from South Da- with respect to the emergency adminis- At the request of Mr. UDALL of New kota (Mr. THUNE) was added as a co- tration of opioid overdose drugs. Mexico, the name of the Senator from sponsor of S. 1911, a bill to reform and S. 2125 Delaware (Mr. CARPER) was added as a cosponsor of S. J. Res. 19, a joint reso- strengthen the workforce investment At the request of Mr. JOHNSON of system of the Nation to put Americans South Dakota, the names of the Sen- lution proposing an amendment to the Constitution of the United States re- back to work and make the United ator from Oregon (Mr. MERKLEY) and lating to contributions and expendi- States more competitive in the 21st the Senator from Oregon (Mr. WYDEN) century, and for other purposes. were added as cosponsors of S. 2125, a tures intended to affect elections. S. 1925 bill to amend the Communications Act S. RES. 372 At the request of Mr. HOEVEN, the of 1934 to ensure the integrity of voice At the request of Mr. MENENDEZ, the name of the Senator from Arkansas communications and to prevent unjust name of the Senator from West Vir- (Mr. PRYOR) was added as a cosponsor or unreasonable discrimination among ginia (Mr. ROCKEFELLER) was added as of S. 1925, a bill to limit the retrieval of areas of the United States in the deliv- a cosponsor of S. Res. 372, a resolution data from vehicle event data recorders. ery of such communications. supporting the goals and ideals of the S. 1996 S. 2141 Secondary School Student Athletes’ Bill of Rights. At the request of Mrs. HAGAN, the At the request of Mr. REED, the name names of the Senator from Indiana of the Senator from New Hampshire S. RES. 421 (Mr. DONNELLY), the Senator from Ne- (Ms. AYOTTE) was added as a cosponsor At the request of Mr. BEGICH, his braska (Mrs. FISCHER), the Senator of S. 2141, a bill to amend the Federal name was added as a cosponsor of S. from Minnesota (Mr. FRANKEN), and Food, Drug, and Cosmetic Act to pro- Res. 421, a resolution expressing the the Senator from Kansas (Mr. ROB- vide an alternative process for review gratitude and appreciation of the Sen- ERTS) were added as cosponsors of S. of safety and effectiveness of non- ate for the acts of heroism and mili- 1996, a bill to protect and enhance op- prescription sunscreen active ingredi- tary achievement by the members of portunities for recreational hunting, ents and for other purposes. the United States Armed Forces who participated in the June 6, 1944, am- fishing, and shooting, and for other S. 2182 phibious landing at Normandy, France, purposes. At the request of Mr. WALSH, the and commending them for leadership S. 2004 name of the Senator from Oregon (Mr. and valor in an operation that helped At the request of Mr. BEGICH, the MERKLEY) was added as a cosponsor of bring an end to World War II. names of the Senator from Massachu- S. 2182, a bill to expand and improve S. RES. 423 setts (Mr. MARKEY), the Senator from care provided to veterans and members Rhode Island (Mr. REED), and the Sen- of the Armed Forces with mental At the request of Mr. REED, the name ator from Oregon (Mr. MERKLEY) were health disorders or at risk of suicide, of the Senator from Hawaii (Mr. added as cosponsors of S. 2004, a bill to to review the terms or characterization SCHATZ) was added as a cosponsor of S. ensure the safety of all users of the of the discharge or separation of cer- Res. 423, a resolution designating April transportation system, including pe- tain individuals from the Armed 2014 as ‘‘Financial Literacy Month’’. destrians, bicyclists, transit users, Forces, to require a pilot program on f children, older individuals, and individ- loan repayment for psychiatrists who STATEMENTS ON INTRODUCED uals with disabilities, as they travel on agree to serve in the Veterans Health BILLS AND JOINT RESOLUTIONS and across federally funded streets and Administration of the Department of By Ms. COLLINS (for herself, Mr. highways. Veterans Affairs, and for other pur- BROWN, Mr. JOHANNS, Mr. KIRK, S. 2009 poses. and Mr. TESTER): At the request of Mr. UDALL of New S. 2244 S. 2270. A bill to clarify the applica- Mexico, the name of the Senator from At the request of Mr. SCHUMER, the tion of certain leverage and risk-based Hawaii (Mr. SCHATZ) was added as a co- names of the Senator from Montana requirements under the Dodd-Frank sponsor of S. 2009, a bill to improve the (Mr. TESTER) and the Senator from Or- Wall Street Reform and Consumer Pro- provision of health care by the Depart- egon (Mr. MERKLEY) were added as co- tection Act; to the Committee on ment of Veterans Affairs to veterans in sponsors of S. 2244, a bill to extend the Banking, Housing, and Urban Affairs. rural and highly rural areas, and for termination date of the Terrorism In- Ms. COLLINS. Mr. President, I am other purposes. surance Program established under the delighted to be joined today by my col- S. 2013 Terrorism Insurance Act of 2002, and leagues, MIKE JOHANNS and SHERROD At the request of Mr. RUBIO, the for other purposes. BROWN, in introducing the Insurance names of the Senator from Nevada (Mr. S. 2248 Capital Standards Clarification Act of HELLER) and the Senator from Kansas At the request of Mr. FRANKEN, the 2014. We are pleased to be joined by (Mr. MORAN) were added as cosponsors name of the Senator from New York Senators Kirk and Tester as cospon- of S. 2013, a bill to amend title 38, (Mrs. GILLIBRAND) was added as a co- sors. This legislation clarifies the Fed- United States Code, to provide for the sponsor of S. 2248, a bill to amend the eral Reserve’s authority to recognize

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As I have already said, I do U.S.C. 5371) is amended— Before I describe our bill in detail, I not agree that the Fed lacks this au- (1) in subsection (a), by adding at the end would like to provide some background thority and find its disregard of my the following: on section 171 and why it is so impor- clear intent as the author of section 171 ‘‘(4) BUSINESS OF INSURANCE.—The term tant that nothing be done to diminish to be frustrating, to say the least. Ex- ‘business of insurance’ has the same meaning as in section 1002(3). or weaken it. perts testifying before the Financial ‘‘(5) PERSON REGULATED BY A STATE INSUR- We all recall the circumstances we Institutions and Consumer Protection ANCE REGULATOR.—The term ‘person regu- faced 4 years ago, as our Nation was subcommittee of the Senate Banking emerging from the most serious finan- lated by a State insurance regulator’ has the Committee, chaired by Senator BROWN, same meaning as in section 1002(22). cial crisis since the Great Depression. concur that the Federal Reserve has ‘‘(6) REGULATED FOREIGN SUBSIDIARY AND That crisis had many causes, but ample authority to draw these distinc- REGULATED FOREIGN AFFILIATE.—The terms among the most important was the tions. ‘regulated foreign subsidiary’ and ‘regulated fact that some of our nation’s largest Nevertheless, the bill we are intro- foreign affiliate’ mean a person engaged in financial institutions were dangerously ducing today clarifies the Federal Re- the business of insurance in a foreign coun- undercapitalized, while at the same serve’s authority to recognize the dis- try that is regulated by a foreign insurance time, they held interconnected assets tinctions between insurance and bank- regulatory authority that is a member of the and liabilities that could not be dis- ing. International Association of Insurance Su- entangled in the midst of a crisis. Specifically, our legislation would pervisors or other comparable foreign insur- The failure of these over-leveraged fi- add language to section 171 to clarify ance regulatory authority as determined by nancial institutions threatened to that, in establishing minimum capital the Board of Governors following consulta- bring the American economy to its requirements for holding companies on tion with the State insurance regulators, in- knees. As a consequence, the federal a consolidated basis, the Federal Re- cluding the lead State insurance commis- government was forced to step in to serve is not required to include insur- sioner (or similar State official) of the insur- prop-up financial institutions that ance activities so long as those activi- ance holding company system as determined were considered ‘‘too big to fail.’’ Lit- ties are regulated as insurance at the by the procedures within the Financial Anal- ysis Handbook adopted by the National Asso- tle has angered the American public State level. Our legislation also pro- more than these taxpayer-funded bail- ciation of Insurance Commissioners, where vides a mechanism for the Federal Re- the person, or its principal United States in- outs. serve, acting in consultation with the surance affiliate, has its principal place of That is the context in which I offered appropriate State insurance authority, business or is domiciled, but only to the ex- my capital standards amendment, to provide similar treatment for for- tent that— which became section 171 of Dodd- eign insurance entities within a U.S. ‘‘(A) such person acts in its capacity as a Frank. Section 171 is aimed at address- holding company where that entity regulated insurance entity; and ing the ‘‘too big to fail’’ problem at the does not itself do business in the ‘‘(B) the Board of Governors does not de- root of the 2008–2009 crisis by requiring United States. In addition, our legisla- termine that the capital requirements in a large financial holding companies to tion directs the Fed not to require in- specific foreign jurisdiction are inadequate. maintain a level of capital at least as surers which file holding company fi- ‘‘(7) CAPACITY AS A REGULATED INSURANCE high as that required for our nation’s nancial statements using Statutory ENTITY.—The term ‘capacity as a regulated community banks, equalizing their Accounting Principles to instead pre- insurance entity’— minimum capital requirements, and pare their financial statements using ‘‘(A) includes any action or activity under- eliminating the incentive for banks to Generally Accepted Accounting Prin- taken by a person regulated by a State in- become ‘‘too big to fail.’’ ciples. surance regulator or a regulated foreign sub- Incredibly, prior to the passage of I should point out that our legisla- sidiary or regulated foreign affiliate of such person, as those actions relate to the provi- Section 171, the capital and risk stand- tion does not, in any way, modify or sion of insurance, or other activities nec- ards for our Nation’s largest financial supersede any other provision of law institutions were more lax than those essary to engage in the business of insur- upon which the Federal Reserve may ance; and that applied to smaller depository rely to set appropriate holding com- banks, even though the failure of larg- ‘‘(B) does not include any action or activ- pany capital requirements. ity, including any financial activity, that is er institutions was much more likely In closing, I want to thank my col- not regulated by a State insurance regulator to trigger the kind of cascade of eco- leagues, Senators Brown and Johanns, or a foreign agency or authority and subject nomic harm that we experienced dur- for working so hard with me over many to State insurance capital requirements or, ing the crisis. Section 171 gave the reg- months to help craft the language we in the case of a regulated foreign subsidiary ulators the tools, and the direction, to are introducing today. I believe our or regulated foreign affiliate, capital re- fix this problem. language removes any doubt about the quirements imposed by a foreign insurance It is important to recognize that Sec- Federal Reserve’s authority to address regulatory authority.’’; and tion 171 allows the federal regulators to the legitimate concerns raised by in- (2) by adding at the end the following new take into account the significant dis- surers that they not have a bank-cen- subsection: tinctions between banking and insur- tric capital regime for their insurance ‘‘(c) CLARIFICATION.— ance, and the implications of those dis- activities imposed upon them. I urge ‘‘(1) IN GENERAL.—In establishing the min- tinctions for capital adequacy. I have my colleagues to support this legisla- imum leverage capital requirements and written to the financial regulators on tion. minimum risk-based capital requirements on more than one occasion to underscore Mr. President, I ask unanimous con- a consolidated basis for a depository institu- this point. For example, in a November sent that the text of the bill and a let- tion holding company or a nonbank financial 26, 2012, letter I stressed that it was not ter of support be printed in the company supervised by the Board of Gov- ernors as required under paragraphs (1) and Congress’s intent to replace State- RECORD. based insurance regulation with a There being no objection, the mate- (2) of subsection (b), the appropriate Federal banking agencies shall not be required to in- bank-centric capital regime. For that rial was ordered to be printed in the clude, for any purpose of this section (includ- reason, I called upon the federal regu- RECORD, as follows: lators to acknowledge the distinctions ing in any determination of consolidation), a S. 2270 person regulated by a State insurance regu- between banking and insurance, and to Be it enacted by the Senate and House of Rep- take those distinctions into account in lator or a regulated foreign subsidiary or a resentatives of the United States of America in regulated foreign affiliate of such person en- the final rules implementing Section Congress assembled, gaged in the business of insurance, to the ex- 171. SECTION 1. SHORT TITLE. tent that such person acts in its capacity as While the Federal Reserve has ac- This Act may be cited as the ‘‘Insurance a regulated insurance entity. knowledged the important distinctions Capital Standards Clarification Act of 2014’’.

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‘‘(2) RULE OF CONSTRUCTION ON BOARD’SAU- gressional intent and the clear language of (3) encourages States, localities, and the THORITY.—This subsection shall not be con- the statute. territories and possessions of the United strued to prohibit, modify, limit, or other- I am hopeful, too, that in crafting final States to support the goals and ideals of Na- wise supersede any other provision of Fed- rules, you will give further consideration to tional Donate Life Month by issuing procla- eral law that provides the Board of Gov- the distinctions between banking and insur- mations designating April 2014 as National ernors authority to issue regulations and or- ance, and the implications of those distinc- Donate Life Month; ders relating to capital requirements for de- tions for capital adequacy. It is, of course, (4) commends the generous gift of life pro- pository institution holding companies or essential that insurers with depository insti- vided by individuals who indicate their wish nonbank financial companies supervised by tution holding companies in their corporate to become organ donors; the Board of Governors. structure be adequately capitalized on a con- (5) acknowledges the grief of families fac- ‘‘(3) RULE OF CONSTRUCTION ON ACCOUNTING solidated basis. Even so, it was not ing the loss of a loved one and commends PRINCIPLES.—Notwithstanding any other pro- Congress’s intent that federal regulators those families who, in their grief, choose to vision of law, a depository institution hold- supplant prudential state-based insurance donate the organs of their deceased family ing company or nonbank financial company regulation with a bank-centric capital re- member; supervised by the Board of Governors of the gime. Instead, consideration should be given (6) recognizes the generous contribution Federal Reserve that is also a person regu- to the distinctions between banks and insur- made by each living individual who has do- lated by a State insurance regulator or a ance companies, a point which Chairman nated an organ to save a life; regulated foreign subsidiary or a regulated Bernanke rightly acknowledged in testi- (7) acknowledges the advances in medical foreign affiliate of such person that files its mony before the House Banking Committee technology that have enabled organ trans- holding company financial statements uti- this summer. For example, banks and insur- plantation with organs donated by living in- lizing only Statutory Accounting Principles ers typically have a different composition of dividuals to become a viable treatment op- in accordance with State law, shall not be assets and liabilities, since it is fundamental tion for an increasing number of patients; required to prepare such financial state- to insurance companies to match assets to (8) commends the medical professionals ments in accordance with Generally Accept- liabilities, but this is not characteristic of and organ transplantation experts who have ed Accounting Principles.’’. most banks. I believe it is consistent with worked to improve the process of living my amendment that these distinctions be organ donation and increase the number of U.S. SENATE, recognized in the final rules. living donors; and Washington, DC, November 26, 2012. I am hopeful you will keep these concerns (9) salutes all individuals who have helped Hon. BEN S. BENANKE, in mind as you continue to implement the to give the gift of life by supporting, pro- Chairman, Board of Governors of the Federal Dodd-Frank Act and the proposed rules ref- moting, and encouraging organ donation. erenced above implementing the Basel III Reserve System, Washington, DC. f Hon. MARTIN J. GRUENBERG, regulatory capital framework. Acting Chairman, Federal Deposit Insurance Sincerely, SENATE RESOLUTION 426—SUP- Corporation, Washington, DC. SUSAN M. COLLINS, PORTING THE GOALS AND Hon. THOMAS J. CURRY, United States Senator. IDEALS OF WORLD MALARIA Comptroller, Department of the Treasury, Office f DAY of the Comptroller, Washington, DC. Re Regulatory Capital Rules: Regulatory SUBMITTED RESOLUTIONS Mr. COONS (for himself, Mr. WICKER, Capital, Implementation of Basel III, Mr. BOOZMAN, Mr. BROWN, Mr. COCH- Minimum Regulatory Capital Ratios, RAN, Mr. INHOFE, Mr. DURBIN, Mr. Capital Adequacy, Transition Provisions, SENATE RESOLUTION 425—EX- PRESSING SUPPORT FOR THE RUBIO, and Mr. KIRK) submitted the fol- and Prompt Corrective Action (RIN 3064– lowing resolution; which was referred AD95); Regulatory Capital Rules: Stand- GOALS AND IDEALS OF ‘‘NA- ardized Approach for Risk-weighted As- TIONAL DONATE LIFE MONTH’’ to the Committee on Foreign Rela- tions: sets; Market Discipline and Disclosure Mr. CASEY submitted the following Requirements (RIN 3064–AD96); Regu- S. RES. 426 latory Capital Rules: Advanced-Ap- resolution; which was referred to the Committee on Health, Education, Whereas April 25th of each year is recog- proaches Risk-Based Capital Rule; Mar- nized internationally as World Malaria Day; ket Risk Capital Rule (RN 3064–AD87). Labor, and Pensions: Whereas malaria is a leading cause of DEAR CHAIRMAN BERNANKE, ACTING CHAIR- S. RES. 425 death and disease in many developing coun- MAN GRUENBERG, AND COMPTROLLER CURRY: I Whereas in March 2014, over 118,800 individ- tries, despite being preventable and treat- am writing to comment on the proposed uals were on the official waiting list for able; rules implementing the Basel III regulatory organ donation managed by the Organ Pro- Whereas fighting malaria is in the national capital framework. curement and Transplantation Network; security interest of the United States, as re- As the author of Section 171 (the ‘‘Collins Whereas in 2013, 31,422 organs from 14,257 ducing the risk of malaria protects members Amendment’’) of the Dodd-Frank Act, I be- donors (including both living and deceased of the United States Armed Forces serving lieve strongly that capital requirements donors) were transplanted into 28,952 pa- overseas in malaria-endemic regions, and re- must ensure that firms have an adequate tients, yet 6,123 candidates for transplan- ducing malaria deaths helps to lower risks of capital cushion in difficult economic times, tation died while waiting for an organ trans- instability in less developed countries; and provide a disincentive to their becoming plant; Whereas support for efforts to fight ma- ‘too big to fail.’ To achieve this, Section 171 Whereas on average, 18 people die every laria is in the diplomatic and moral interests requires that large bank holding companies day of every year while waiting for an organ of the United States, as that support gen- be subject, at a minimum, to the same cap- donation; erates goodwill toward the United States and ital requirements that small community Whereas over 100,000,000 people in the highlights the values of the people of the banks have traditionally faced. United States are registered to be organ and United States through the work of govern- During consideration of the Dodd-Frank tissue donors, yet the demand for donated mental, nongovernmental, and faith-based Act, I supported modifications to the final organs still outweighs the supply of organs organizations of the United States; language to Section 171 to ensure a smooth made available each day; Whereas efforts to fight malaria are in the transition to increased capital standards. Whereas many people do not know about long-term economic interest of the United Among these modifications were provisions their options for organ and tissue donation, States because those efforts help developing to delay, for five years, the application of or have not made their wishes clear to their countries identify at-risk populations, pro- new capital requirements for savings and families; vide better health services, produce loan holding companies (‘‘SLHCs’’), and for Whereas organ and tissue donation can healthier and more productive workforces, certain foreign-owned bank holding compa- give meaning to the tragic loss of a loved one advance economic development, and promote nies. See subsections (b)(4)(D) and (E) of Sec- by enabling up to 8 people to receive the gift stronger trading partners; tion 171. These modifications were intended of life from a single deceased donor; Whereas 90 percent of all malaria deaths in to allow these entities the time they need to Whereas living donors can donate a kidney the world are in sub-Saharan Africa; adjust their balance sheets and capital levels or a portion of a lung or liver to save the life Whereas young children and pregnant in order to come into compliance with the of another individual; and women are particularly vulnerable to and new capital standards. The proposed rules Whereas April is traditionally recognized disproportionately affected by malaria; implement the five year delay provided to as ‘‘National Donate Life Month’’: Now, Whereas malaria greatly affects child foreign-owned bank holding companies by therefore, be it health, as children under the age of 5 ac- Section 171 (b)(4)(E), but neglect to imple- Resolved, That the Senate— counted for an estimated 77 percent of ma- ment the nearly identical delay for SLHCs (1) supports the goals and ideals of ‘‘Na- laria deaths in 2012; provided by Section 171 (b)(4)(E). I do not un- tional Donate Life Month’’; Whereas malaria poses great risks to ma- derstand why the proposed rules fail to im- (2) supports promoting awareness of organ ternal and neonatal health, causing com- plement this provision, as required by Con- donation; plications during delivery, anemia, and low

VerDate Mar 15 2010 03:57 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.022 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2474 CONGRESSIONAL RECORD — SENATE April 29, 2014 birth weights, with estimates that malaria Whereas, in 2014, the President’s Malaria Whereas civic education programs foster causes approximately 10,000 cases maternal Initiative Report found that, in 2013, the PMI understanding of the history and principles deaths and over 200,000 infant deaths annu- alone had protected more than 21,000,000 resi- of the constitutional government of the ally in Africa; dents by spraying over 5,000,000 houses with United States, including principles that are Whereas heightened national, regional, and insecticides, procured more than 40,000,000 embodied in certain fundamental documents international efforts to prevent and treat long-lasting ITNs, procured more than and speeches, such as the Declaration of malaria during recent years have made sig- 10,000,000 sulfadoxine-pyrimethamine treat- Independence, the Constitution of the United nificant progress and helped save hundreds of ments for intermittent preventive treatment States, the Bill of Rights, the Federalist Pa- thousands of lives; (IPTp) in pregnant women, trained more pers, the Gettysburg Address, and Dr. Martin Whereas the World Malaria Report 2013 by than 16,000 health workers in IPTp, procured Luther King, Jr.’s ‘‘I Have a Dream’’ speech; the World Health Organization states that in more than 48,000,000 treatments of Whereas research shows that too few peo- 2012, approximately 54 percent of households artemisinin-based combination therapy ple in the United States understand basic in sub-Saharan Africa owned at least one in- (ACT) and over 51,000,000 malaria rapid diag- principles of the constitutional government secticide-treated mosquito net, and house- nostic tests (RDTs), and trained more than of the United States, such as the natural hold surveys indicated that 86 percent of peo- 61,000 health workers in treatment of ma- rights set forth in the Declaration of Inde- ple used an insecticide-treated mosquito net laria with ACTs and more than 26,000 health pendence, the existence and functions of the if one was available in the household; workers in laboratory diagnosis of malaria; 3 branches of the Federal Government, Whereas the World Malaria Report 2013 fur- Whereas the President’s Malaria Initiative checks and balances, and other concepts fun- focuses on helping partner countries achieve ther states that between 2000 and 2012, ma- damental to informed citizenship; major improvements in overall health out- laria mortality rates decreased by 45 percent Whereas since the founding of the United comes through improved access to, and qual- around the world and by 45 percent in the Af- States, schools in the United States have ity of, healthcare services in locations with rican Region of the World Health Organiza- had a strong civic mission to prepare stu- limited resources; and tion, and an estimated 3,300,000 lives were dents to be informed, rational, humane, and Whereas the President’s Malaria Initiative, involved citizens who are committed to the spared from malaria globally, 90 percent of recognizing the burden of malaria on many which were children under five in sub-Saha- values and principles of the constitutional partner countries, has set a target of reduc- government of the United States; ran Africa. ing the burden of malaria by 50 percent for Whereas the World Malaria Report 2013 fur- Whereas a free society relies on the knowl- 450,000,000 people, representing 70 percent of edge, skills, and virtue of the citizens of such ther states that out of 97 countries with on- the at-risk population in Africa, by 2015: going transmission of malaria in 2013, 12 society, particularly the individuals elected Now, therefore, be it to public office to represent such citizens; countries are classified as being in the pre- Resolved, That the Senate— elimination phase of malaria control, 7 coun- Whereas while many institutions help to (1) supports the goals and ideals of World develop the knowledge and skills and shape tries are classified as being in the elimi- Malaria Day, including the target of ending nation phase, and 7 countries are classified the civic character of people in the United malaria deaths by 2015; States, schools in the United States, includ- as being in the prevention of introduction (2) recognizes the importance of reducing ing elementary schools, bear a special and phase; malaria prevalence and deaths to improve historic responsibility for the development Whereas, according to the World Malaria overall child and maternal health, especially of civic competence and civic responsibility Report 2013, there were 207,000,000 cases of in sub-Saharan Africa; of students; malaria globally in 2012, resulting in an esti- (3) commends the recent progress made to- Whereas student learning is enhanced by mated 627,000 deaths; ward reducing global malaria morbidity, well-designed classroom civic education pro- Whereas continued national, regional, and mortality, and prevalence, particularly grams that— international investment in efforts to elimi- through the efforts of the President’s Ma- nate malaria, including prevention and laria Initiative and the Global Fund to Fight (1) incorporate instruction in government, treatment efforts, the development of a vac- AIDS, Tuberculosis, and Malaria; history, law, and democracy; cine to immunize children from the malaria (4) supports ongoing public-private part- (2) promote discussion of current events parasite, and advancements in insecticides, nerships to research and develop more effec- and controversial issues; are critical in order to continue to reduce tive and affordable tools for malaria diag- malaria deaths, prevent backsliding in areas nosis, treatment, and vaccination; (3) link community service and the formal where progress has been made, and equip the (5) recognizes the goals, priorities, and au- curriculum; and United States and the global community thorities to combat malaria set forth in the (4) encourage students to participate in with the tools necessary to eliminate ma- Tom Lantos and Henry J. Hyde United simulations of democratic processes; and laria and other global health threats; States Global Leadership Against HIV/AIDS, Whereas research shows that the knowl- Whereas the United States Government Tuberculosis, and Malaria Reauthorization edge and expertise of teachers are among the has played a leading role in the recent Act of 2008 (Public Law 110–293); most important factors in increasing student progress made toward reducing the global (6) supports continued leadership by the achievement: Now, therefore, be it burden of malaria, particularly through the United States in bilateral, multilateral, and President’s Malaria Initiative (PMI) and the private sector efforts to combat malaria and Resolved, That it is the sense of the Senate contribution of the United States to the to work with developing countries to create that— Global Fund to Fight AIDS, Tuberculosis, long-term strategies to increase ownership (1) civic education is essential to the well- and Malaria; over malaria programs; and being of the constitutional government of Whereas, in May 2011, an independent, ex- (7) encourages other members of the inter- the United States; ternal evaluation, prepared through the national community to sustain and increase (2) comprehensive and formal instruction Global Health Technical Assistance Project, their support for and financial contributions in civics and government provides students examining 6 objectives of the President’s to efforts to combat malaria worldwide. with a basis for understanding the rights and Malaria Initiative, found the President’s Ma- f responsibilities of citizens in the constitu- laria Initiative to be a successful, well-led tional government of the United States; component of the Global Health Initiative SENATE RESOLUTION 427—EX- (3) elementary and secondary schools in that has ‘‘earned and deserves the task of PRESSING THE SENSE OF THE the United States are encouraged to offer sustaining and expanding the United States SENATE ABOUT THE IMPOR- courses on history and theories of the con- Government’s response to global malaria TANCE OF EFFECTIVE CIVIC stitutional government of the United States, control efforts’’; EDUCATION PROGRAMS IN using programs and curricula with a dem- Whereas the United States Government is onstrated effectiveness in fostering civic pursuing a comprehensive approach to end- SCHOOLS IN THE UNITED competence, civic responsibility, and a rea- ing malaria deaths through the President’s STATES soned commitment to the fundamental val- Malaria Initiative, which is led by the Mr. CARDIN (for himself and Mr. ues and principles underlying the constitu- United States Agency for International De- GRASSLEY) submitted the following res- tional government of the United States; and velopment and implemented with assistance olution; which was considered and (4) all teachers of civics and government from the Centers for Disease Control and are well served by having access to adequate agreed to: Prevention, the Department of State, the opportunities to enrich teaching through Department of Health and Human Services, S. RES. 427 professional development programs that en- the National Institutes of Health, the De- Whereas civic education is essential to the hance the capacity of such teachers to pro- partment of Defense, and private sector enti- preservation and improvement of the con- vide effective civic education in the class- ties; stitutional government of the United States; room.

VerDate Mar 15 2010 03:57 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.026 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 29, 2014 CONGRESSIONAL RECORD — SENATE S2475 SENATE RESOLUTION 428—PRO- Whereas marked differences in the social affirm the significance of family, education, MOTING MINORITY HEALTH determinants of health, described by the and community for the people of the United AWARENESS AND SUPPORTING World Health Organization as ‘‘the high bur- States; THE GOALS AND IDEALS OF NA- den of illness responsible for appalling pre- Whereas the designation of a day of special mature loss of life [that] arises in large part recognition for the children of the United TIONAL MINORITY HEALTH because of the conditions in which people are States will provide an opportunity for chil- MONTH IN APRIL 2014, WHICH IN- born, grow, live, work, and age’’, lead to poor dren to reflect on their future, articulate CLUDE BRINGING ATTENTION TO health outcomes and declines in longevity; their aspirations, and find comfort and secu- THE HEALTH DISPARITIES and rity in the support of their family members FACED BY MINORITY POPU- Whereas community-based health care ini- and communities; LATIONS OF THE UNITED tiatives, such as prevention-focused pro- Whereas the National Latino Children’s In- STATES, SUCH AS AMERICAN IN- grams, present a unique opportunity to use stitute, serving as a voice for children, has DIANS, ALASKA NATIVES, ASIAN innovative approaches to improve health worked with cities throughout the United ´ AMERICANS, AFRICAN AMERI- care practices across the United States and States to declare April 30, 2014, to be ‘‘Dıa de sharply reduce disparities among racial and los Nin˜ os: Celebrating Young Americans’’, a CANS, HISPANIC AMERICANS, ethnic minority populations: Now, therefore, day to bring together Latinos and other AND NATIVE HAWAIIANS OR be it communities in the United States to cele- OTHER PACIFIC ISLANDERS Resolved, That the Senate supports the brate and uplift children; and Mr. CARDIN (for himself, Mr. goals and ideals of National Minority Health Whereas the children of a country are the SCHATZ, and Mr. MENENDEZ) submitted Month in April 2014, which include bringing responsibility of all people of that country, the following resolution; which was attention to the severe health disparities and people should be encouraged to celebrate considered and agreed to: faced by minority populations in the United the gifts of children to society: Now, there- States, such as American Indians, Alaska fore, be it S. RES. 428 Natives, Asian Americans, African Ameri- Resolved, That the Senate— Whereas through the ‘‘National Stake- cans, Hispanic Americans, and Native Hawai- (1) designates April 30, 2014, as ‘‘Dı´a de los holder Strategy for Achieving Health Eq- ians or other Pacific Islanders. Nin˜ os: Celebrating Young Americans’’; and uity’’ and the ‘‘HHS Action Plan to Reduce (2) calls on the people of the United States Racial and Ethnic Health Disparities’’, the f to join with all children, families, organiza- Department of Health and Human Services SENATE RESOLUTION 429—DESIG- tions, communities, churches, cities, and has set goals and strategies to advance the NATING APRIL 30, 2014, AS ‘‘DIA States across the United States to observe safety, health, and well-being of people of DE LOS NINOS: CELEBRATING the day with appropriate ceremonies, includ- the United States; ing activities that— Whereas a study by the Joint Center for YOUNG AMERICANS’’ (A) center around children and are free or Political and Economic Studies, entitled Mr. MENENDEZ (for himself, Mr. minimal in cost so as to encourage and fa- ‘‘The Economic Burden of Health Inequal- REID, Mr. CRAPO, Mr. BENNET, Mr. DUR- cilitate the participation of all people; ities in the United States’’, concludes that, BIN, Mrs. MURRAY, Mr. UDALL of Colo- (B) are positive and uplifting, and help between 2003 and 2006, the combined cost of children express their hopes and dreams; rado, Mr. REED, Ms. LANDRIEU, Mr. ‘‘health inequalities and premature death in (C) provide opportunities for children of all the United States’’ was $1,240,000,000,000; HEINRICH, and Mr. BOOKER) submitted backgrounds to learn about one another’s Whereas the Department of Health and the following resolution; which was cultures and share ideas; Human Services has identified 6 main cat- considered and agreed to: (D) include all members of a family, espe- egories in which racial and ethnic minorities S. RES. 429 cially extended and elderly family members, experience the most disparate access to Whereas many countries throughout the so as to promote greater communication health care and health outcomes, including among the generations within a family, infant mortality, cancer screening and man- world, and especially within the Western hemisphere, celebrate ‘‘Dı´a de los Nin˜ os’’, or which will enable children to appreciate and agement, cardiovascular disease, diabetes, benefit from the experiences and wisdom of HIV/AIDS, and immunizations; ‘‘Day of the Children’’, on April 30 each year, in recognition and celebration of the future their elderly family members; Whereas African-American women are (E) provide opportunities for families with- more than twice as likely to die of cervical of their country: their children; Whereas children represent the hopes and in a community to build relationships; and cancer than White women and are more like- (F) provide children with the support they ly to die of breast cancer than women of any dreams of the people of the United States, and children are the center of families in the need to develop skills and confidence and other racial or ethnic group; find the inner strength, will, and fire of the Whereas the death rate from stroke is 50 United States; Whereas the people of the United States human spirit to make their dreams come percent higher among African Americans true. than among Whites; should nurture and invest in children to pre- Whereas Native Hawaiians living in Hawaii serve and enhance economic prosperity, de- f are 5.7 times more likely to die of diabetes mocracy, and the spirit of the United States; AMENDMENTS SUBMITTED AND Whereas, according to the 2012 American than non-Hispanic Whites living in Hawaii; PROPOSED Whereas in 2011, Asian Americans were 2.9 Community Survey by the Bureau of the times more likely than Whites to contract Census, approximately 17,500,000 of the near- SA 2972. Mr. CRUZ submitted an amend- Hepatitis A; ly 53,000,000 individuals of Hispanic descent ment intended to be proposed by him to the Whereas among all ethnic groups in 2011, living in the United States are children bill S. 2223, to provide for an increase in the Asian Americans and Pacific Islanders had under the age of 18, representing about 1⁄3 (33 Federal minimum wage and to amend the In- the highest incidence of Hepatitis A; percent) of the total Hispanic population re- ternal Revenue Code of 1986 to extend in- Whereas Asian-American women are 1.5 siding in the United States and roughly 1⁄4 of creased expensing limitations and the treat- times more likely than non-Hispanic Whites the total population of children in the ment of certain real property as section 179 to die from viral hepatitis; United States; property; which was ordered to lie on the Whereas Asian Americans are 5.5 times Whereas Hispanic Americans, the youngest table. more likely than Whites to develop chronic and fastest-growing racial or ethnic commu- SA 2973. Mr. THUNE (for himself and Mr. Hepatitis B; nity in the United States, celebrate the tra- INHOFE) submitted an amendment intended Whereas in 2011, 82 percent of children born dition of honoring their children on Dı´a de to be proposed by him to the bill S. 2223, infected with HIV belonged to minority los Nin˜ os and wish to share this custom with supra; which was ordered to lie on the table. groups; the rest of the United States; f Whereas the Department of Health and Whereas the primary teachers of family TEXT OF AMENDMENTS Human Services has identified diseases of values, morality, and culture are parents and the heart, malignant neoplasm, uninten- family members, and children are respon- SA 2972. Mr. CRUZ submitted an tional injuries, and diabetes as some of the sible for passing on family values, morality, amendment intended to be proposed by leading causes of death among American In- and culture to future generations; him to the bill S. 2223, to provide for an dians and Alaska Natives; Whereas the importance of literacy and increase in the Federal minimum wage Whereas American Indians and Alaska Na- education is most often communicated to and to amend the Internal Revenue tives die from diabetes, alcoholism, uninten- children through their family members; Code of 1986 to extend increased ex- tional injuries, homicide, and suicide at Whereas families should be encouraged to pensing limitations and the treatment higher rates than other people in the United engage in family and community activities States; that include extended and elderly family of certain real property as section 179 Whereas American Indians and Alaska Na- members and encourage children to explore property; which was ordered to lie on tives have a life expectancy that is 4.2 years and develop confidence; the table; as follows: shorter than the life expectancy of the over- Whereas the designation of a day to honor Strike all after the enacting clause and in- all population of the United States; the children of the United States will help sert the following:

VerDate Mar 15 2010 03:57 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.031 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2476 CONGRESSIONAL RECORD — SENATE April 29, 2014 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 4054. Issuance of a new integrated activ- Sec. 7003. Jobs analysis for all EPA regula- (a) SHORT TITLE.—This Act may be cited as ity plan and environmental im- tions. the ‘‘American Energy Renaissance Act of pact statement. TITLE VIII—DEBT FREEDOM FUND 2014’’. Sec. 4055. Departmental accountability for Sec. 8001. Findings. (b) TABLE OF CONTENTS.—The table of con- development. Sec. 8002. Debt freedom fund. tents for this Act is as follows: Sec. 4056. Deadlines under new proposed in- Sec. 1. Short title; table of contents. tegrated activity plan. TITLE I—EXPANDING AMERICAN ENERGY EXPORTS TITLE I—EXPANDING AMERICAN Sec. 4057. Updated resource assessment. SEC. 1001. FINDING. ENERGY EXPORTS PART V—MISCELLANEOUS PROVISIONS Congress finds that opening up energy ex- Sec. 1001. Finding. Sec. 4061. Sanctions. ports will contribute to economic develop- Sec. 1002. Natural gas exports. Sec. 4062. Internet-based onshore oil and gas ment, private sector job growth, and contin- Sec. 1003. Crude oil exports. lease sales. Sec. 1004. Coal exports. ued growth in American energy production. PART VI—JUDICIAL REVIEW TITLE II—IMPROVING NORTH AMERICAN SEC. 1002. NATURAL GAS EXPORTS. ENERGY INFRASTRUCTURE Sec. 4071. Definitions. (a) FINDING.—Congress finds that expand- Sec. 4072. Exclusive venue for certain civil Subtitle A—North American Energy ing natural gas exports will lead to increased actions relating to covered en- Infrastructure investment and development of domestic ergy projects. supplies of natural gas that will contribute Sec. 2001. Finding. Sec. 4073. Timely filing. to job growth and economic development. Sec. 2002. Definitions. Sec. 4074. Expedition in hearing and deter- Sec. 2003. Authorization of certain energy (b) NATURAL GAS EXPORTS.—Section 3(c) of mining the action. infrastructure projects at the the Natural Gas Act (15 U.S.C. 717b(c)) is Sec. 4075. Limitation on injunction and pro- national boundary of the amended— spective relief. United States. (1) by inserting ‘‘or any other nation not Sec. 4076. Limitation on attorneys’ fees and Sec. 2004. Transmission of electric energy to excluded by this section’’ after ‘‘trade in nat- court costs. Canada and Mexico. ural gas’’; Sec. 2005. Effective date; rulemaking dead- Sec. 4077. Legal standing. (2) by striking ‘‘(c) For purposes’’ and in- lines. TITLE V—ADDITIONAL ONSHORE serting the following: ‘‘(c) EXPEDITED APPLICATION AND APPROVAL Subtitle B—Keystone XL Permit Approval RESOURCES PROCESS.— Sec. 2011. Findings. Subtitle A—Leasing Program for Land ‘‘(1) IN GENERAL.—For purposes’’; and Sec. 2012. Keystone XL permit approval. Within Coastal Plain (3) by adding at the end the following: TITLE III—OUTER CONTINENTAL SHELF Sec. 5001. Finding. ‘‘(2) EXCLUSIONS.— LEASING Sec. 5002. Definitions. ‘‘(A) IN GENERAL.—Any nation subject to Sec. 3001. Finding. Sec. 5003. Leasing program for land on the sanctions or trade restrictions imposed by Sec. 3002. Extension of leasing program. Coastal Plain. the United States is excluded from expedited Sec. 3003. Lease sales. Sec. 5004. Lease sales. approval under paragraph (1). Sec. 3004. Applications for permits to drill. Sec. 5005. Grant of leases by the Secretary. ‘‘(B) DESIGNATION BY PRESIDENT OR CON- Sec. 3005. Lease sales for certain areas. Sec. 5006. Lease terms and conditions. GRESS.—The President or Congress may des- TITLE IV—UTILIZING AMERICA’S Sec. 5007. Coastal Plain environmental pro- ignate nations that may be excluded from ONSHORE RESOURCES tection. expedited approval under paragraph (1) for Sec. 4001. Findings. Sec. 5008. Expedited judicial review. reasons of national security. Sec. 4002. State option for energy develop- Sec. 5009. Treatment of revenues. ‘‘(3) ORDER NOT REQUIRED.—No order is re- ment. Sec. 5010. Rights-of-way across the Coastal quired under subsection (a) to authorize the Plain. Subtitle A—Energy Development by States export or import of any natural gas to or Sec. 5011. Conveyance. Sec. 4011. Definitions. from Canada or Mexico.’’. Sec. 4012. State programs. Subtitle B—Native American Energy SEC. 1003. CRUDE OIL EXPORTS. Sec. 4013. Leasing, permitting, and regu- Sec. 5021. Findings. (a) FINDINGS.—Congress finds that— latory programs. Sec. 5022. Appraisals. (1) the restrictions on crude oil exports Sec. 4014. Judicial review. Sec. 5023. Standardization. from the 1970s are no longer necessary due to Sec. 4015. Administrative Procedure Act. Sec. 5024. Environmental reviews of major the technological advances that have in- Subtitle B—Onshore Oil and Gas Permit Federal actions on Indian land. creased the domestic supply of crude oil; and Streamlining Sec. 5025. Judicial review. (2) repealing restrictions on crude oil ex- PART I—OIL AND GAS LEASING CERTAINTY Sec. 5026. Tribal resource management ports will contribute to job growth and eco- plans. nomic development. Sec. 4021. Minimum acreage requirement for Sec. 5027. Leases of restricted lands for the (b) REPEAL OF PRESIDENTIAL AUTHORITY TO onshore lease sales. Sec. 4022. Leasing certainty. Navajo Nation. RESTRICT OIL EXPORTS.— Sec. 4023. Leasing consistency. Sec. 5028. Nonapplicability of certain rules. (1) IN GENERAL.—Section 103 of the Energy Sec. 4024. Reduce redundant policies. Subtitle C—Additional Regulatory Policy and Conservation Act (42 U.S.C. 6212) Sec. 4025. Streamlined congressional notifi- Provisions is repealed. (2) CONFORMING AMENDMENTS.— cation. PART I—STATE AUTHORITY OVER HYDRAULIC (A) Section 12 of the Alaska Natural Gas PART II—APPLICATION FOR PERMITS TO FRACTURING Transportation Act of 1976 (15 U.S.C. 719j) is DRILL PROCESS REFORM Sec. 5031. Finding. amended— Sec. 4031. Permit to drill application Sec. 5032. State authority. (i) by striking ‘‘and section 103 of the En- timeline. PART II—MISCELLANEOUS PROVISIONS ergy Policy and Conservation Act’’; and Sec. 4032. Administrative protest docu- (ii) by striking ‘‘such Acts’’ and inserting mentation reform. Sec. 5041. Environmental legal fees. ‘‘that Act’’. Sec. 4033. Improved Federal energy permit Sec. 5042. Master leasing plans. (B) The Energy Policy and Conservation coordination. TITLE VI—IMPROVING AMERICA’S Act is amended— Sec. 4034. Administration. DOMESTIC REFINING CAPACITY (i) in section 251 (42 U.S.C. 6271)— PART III—OIL SHALE Subtitle A—Refinery Permitting Reform (I) by striking subsection (d); and Sec. 4041. Effectiveness of oil shale regula- Sec. 6001. Finding. (II) by redesignating subsection (e) as sub- tions, amendments to resource Sec. 6002. Definitions. section (d); and management plans, and record Sec. 6003. Streamlining of refinery permit- (ii) in section 523(a)(1) (42 U.S.C. 6393(a)(1)), of decision. ting process. by striking ‘‘(other than section 103 there- Sec. 4042. Oil shale leasing. Subtitle B—Repeal of Renewable Fuel of)’’. PART IV—NATIONAL PETROLEUM RESERVE IN Standard (c) REPEAL OF LIMITATIONS ON EXPORTS OF ALASKA ACCESS OIL.— Sec. 6011. Findings. (1) IN GENERAL.—Section 28 of the Mineral Sec. 4051. Sense of Congress and reaffirming Sec. 6012. Phase out of renewable fuel stand- Leasing Act (30 U.S.C. 185) is amended— national policy for the National ard. Petroleum Reserve in Alaska. (A) by striking subsection (u); and Sec. 4052. National Petroleum Reserve in TITLE VII—STOPPING EPA OVERREACH (B) by redesignating subsections (v) Alaska: lease sales. Sec. 7001. Findings. through (y) as subsection (u) through (x), re- Sec. 4053. National Petroleum Reserve in Sec. 7002. Clarification of Federal regulatory spectively. Alaska: planning and permit- authority to exclude green- (2) CONFORMING AMENDMENTS.— ting pipeline and road construc- house gases from regulation (A) Section 1107(c) of the Alaska National tion. under the Clean Air Act. Interest Lands Conservation Act (16 U.S.C.

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3167(c)) is amended by striking ‘‘(u) through (2) INDEPENDENT SYSTEM OPERATOR.—The (d) EXCLUSIONS.—This section shall not (y)’’ and inserting ‘‘(u) through (x)’’. term ‘‘Independent System Operator’’ has apply to— (B) Section 23 of the Deep Water Port Act the meaning given the term in section 3 of (1) any construction, connection, oper- of 1974 (33 U.S.C. 1522) is repealed. the Federal Power Act (16 U.S.C. 796). ation, or maintenance of an oil or natural (C) Section 203(c) of the Trans-Alaska (3) NATURAL GAS.—The term ‘‘natural gas’’ gas pipeline or electric transmission facility Pipeline Authorization Act (43 U.S.C. 1652(c)) has the meaning given the term in section 2 at the national boundary of the United is amended in the first sentence by striking of the Natural Gas Act (15 U.S.C. 717a). States for the import or export of oil, nat- ‘‘(w)(2), and (x))’’ and inserting ‘‘(v)(2), and (4) OIL.—The term ‘‘oil’’ means petroleum ural gas, or electricity to or from Canada or (w))’’. or a petroleum product. Mexico if— (D) Section 509(c) of the Public Utility (5) REGIONAL ENTITY.—The term ‘‘regional (A) the pipeline or facility is operating at Regulatory Policies Act of 1978 (43 U.S.C. entity’’ has the meaning given the term in the national boundary for that import or ex- 2009(c)) is amended by striking ‘‘subsection section 215(a) of the Federal Power Act (16 port as of the date of enactment of this Act; (w)(2)’’ and inserting ‘‘subsection (v)(2)’’. U.S.C. 824o(a)). (B) a permit described in subsection (c) for (d) REPEAL OF LIMITATIONS ON EXPORT OF (6) REGIONAL TRANSMISSION ORGANIZA- the construction, connection, operation, or OCS OIL OR GAS.—Section 28 of the Outer TION.—The term ‘‘Regional Transmission Or- maintenance has been issued; Continental Shelf Lands Act (43 U.S.C. 1354) ganization’’ has the meaning given the term (C) approval of the construction, connec- is repealed. in section 3 of the Federal Power Act (16 tion, operation, or maintenance has pre- (e) TERMINATION OF LIMITATION ON EXPOR- U.S.C. 796). viously been obtained under this section; or TATION OF CRUDE OIL.—Section 7(d) of the SEC. 2003. AUTHORIZATION OF CERTAIN ENERGY (D) an application for a permit described in Export Administration Act of 1979 (50 U.S.C. INFRASTRUCTURE PROJECTS AT subsection (c) for the construction, connec- App. 2406(d)) (as in effect pursuant to the THE NATIONAL BOUNDARY OF THE tion, operation, or maintenance is pending UNITED STATES. International Emergency Economic Powers on the date of enactment of this Act, until (a) AUTHORIZATION.—Except as provided in Act (50 U.S.C. 1701 et seq.)) shall have no the earlier of— force or effect. subsections (d) and (e), no person may con- struct, connect, operate, or maintain an oil (i) the date on which the application is de- (f) CLARIFICATION OF CRUDE OIL REGULA- nied; and TION.— or natural gas pipeline or electric trans- mission facility at the national boundary of (ii) July 1, 2015; or (1) IN GENERAL.—Section 754.2 of title 15, the United States for the import or export of (2) the construction, connection, operation, Code of Federal Regulations (relating to or maintenance of the Keystone XL pipeline. crude oil) shall have no force or effect. oil, natural gas, or electricity to or from Canada or Mexico without obtaining ap- (e) MODIFICATIONS TO EXISTING PROJECTS.— (2) CRUDE OIL LICENSE REQUIREMENTS.—The proval of the construction, connection, oper- No approval under this section, or permit de- Bureau of Industry and Security of the De- ation, or maintenance under this section. scribed in subsection (c), shall be required partment of Commerce shall grant licenses (b) APPROVAL.— for modifications to construction, connec- to export to a country crude oil (as the term (1) REQUIREMENT.—Not later than 120 days tion, operation, or maintenance described in is defined in subsection (a) of the regulation after receiving a request for approval of con- subparagraphs (A), (B), or (C) of subsection referred to in paragraph (1)) (as in effect on struction, connection, operation, or mainte- (d)(1), including reversal of flow direction, the date that is 1 day before the date of en- nance under this section, the relevant offi- change in ownership, volume expansion, actment of this Act) unless— cial identified under paragraph (2), in con- downstream or upstream interconnection, or (A) the country is subject to sanctions or sultation with appropriate Federal agencies, adjustments to maintain flow (such as a re- trade restrictions imposed by the United shall approve the request unless the relevant duction or increase in the number of pump or States; or official finds that the construction, connec- compressor stations). (B) the President or Congress has des- tion, operation, or maintenance harms the (f) EFFECT OF OTHER LAWS.—Nothing in ignated the country as subject to exclusion national security interests of the United this section affects the application of any for reasons of national security. States. other Federal law to a project for which ap- SEC. 1004. COAL EXPORTS. (2) RELEVANT OFFICIAL.—The relevant offi- proval of construction, connection, oper- (a) FINDINGS.—Congress finds that— cial referred to in paragraph (1) is— ation, or maintenance is sought under this (1) increased international demand for coal (A) the Secretary of Commerce with re- section. is an opportunity to support jobs and pro- spect to oil pipelines; SEC. 2004. TRANSMISSION OF ELECTRIC ENERGY mote economic growth in the United States; (B) the Federal Energy Regulatory Com- TO CANADA AND MEXICO. and mission with respect to natural gas pipe- (a) REPEAL OF REQUIREMENT TO SECURE (2) exports of coal should not be unreason- lines; and ORDER.—Section 202 of the Federal Power ably restricted or delayed. (C) the Secretary of Energy with respect to Act (16 U.S.C. 824a) is amended by striking (b) NEPA REVIEW FOR COAL EXPORTS.—In electric transmission facilities. subsection (e). (b) CONFORMING AMENDMENTS.— completing an environmental impact state- (3) APPROVAL NOT MAJOR FEDERAL ACTION.— ment or similar analysis required under the An approval of construction, connection, op- (1) STATE REGULATIONS.—Section 202 of the National Environmental Policy Act of 1969 eration, or maintenance under paragraph (1) Federal Power Act (16 U.S.C. 824a) is amend- (42 U.S.C. 4321 et seq.) for an approval or per- shall not be considered a major Federal ac- ed— mit for coal export terminals, or transpor- tion under the National Environmental Pol- (A) by redesignating subsections (f) and (g) tation of coal to coal export terminals, the icy Act of 1969 (42 U.S.C. 4321 et seq.). as subsection (e) and (f), respectively; and Secretary of the Army, acting through the (4) ADDITIONAL REQUIREMENT FOR ELECTRIC (B) in subsection (e) (as so redesignated), Chief of Engineers— TRANSMISSION FACILITIES.—In the case of a by striking ‘‘insofar as such State regulation (1) may only take into account domestic request for approval of the construction, does not conflict with the exercise of the environmental impacts; and connection, operation, or maintenance of an Commission’s powers under or relating to (2) may not take into account any impacts electric transmission facility, the Secretary subsection 202(e)’’. resulting from the final use overseas of the of Energy shall require, as a condition of ap- (2) SEASONAL DIVERSITY ELECTRICITY EX- exported coal. proval of the request under paragraph (1), CHANGE.—Section 602(b) of the Public Utility TITLE II—IMPROVING NORTH AMERICAN that the electric transmission facility be Regulatory Policies Act of 1978 (16 U.S.C. ENERGY INFRASTRUCTURE constructed, connected, operated, or main- 824a–4(b)) is amended by striking ‘‘the Com- tained consistent with all applicable policies mission has conducted hearings and made Subtitle A—North American Energy the findings required under section 202(e) of Infrastructure and standards of— (A) the Electric Reliability Organization the Federal Power Act’’ and all that follows SEC. 2001. FINDING. and the applicable regional entity; and through the period at the end and inserting Congress finds that the United States (B) any Regional Transmission Organiza- ‘‘the Secretary has conducted hearings and should establish a more efficient, trans- tion or Independent System Operator with finds that the proposed transmission facili- parent, and modern process for the construc- operational or functional control over the ties would not impair the sufficiency of elec- tion, connection, operation, and mainte- electric transmission facility. tric supply within the United States or nance of oil and natural gas pipelines and (c) NO OTHER APPROVAL REQUIRED.—No would not impede or tend to impede the co- electric transmission facilities for the im- Presidential permit (or similar permit) re- ordination in the public interest of facilities port and export of oil, natural gas, and elec- quired under Executive Order 13337 (3 U.S.C. subject to the jurisdiction of the Sec- tricity to and from Canada and Mexico, in 301 note; 69 Fed. Reg. 25299 (April 30, 2004)), retary.’’. pursuit of a more secure and efficient North Executive Order 11423 (3 U.S.C. 301 note; 33 SEC. 2005. EFFECTIVE DATE; RULEMAKING DEAD- American energy market. Fed. Reg. 11741 (August 16, 1968)), section 301 LINES. SEC. 2002. DEFINITIONS. of title 3, United States Code, Executive (a) EFFECTIVE DATE.—Sections 2003 and In this title: Order 12038 (43 Fed. Reg. 3674 (January 26, 2004, and the amendments made by those sec- (1) ELECTRIC RELIABILITY ORGANIZATION.— 1978)), Executive Order 10485 (18 Fed. Reg. tions, shall take effect on July 1, 2015. The term ‘‘Electric Reliability Organiza- 5397 (September 9, 1953)), or any other Execu- (b) RULEMAKING DEADLINES.—Each relevant tion’’ has the meaning given the term in sec- tive order shall be necessary for construc- official described in section 2003(b)(2) shall— tion 215(a) of the Federal Power Act (16 tion, connection, operation, or maintenance (1) not later than 180 days after the date of U.S.C. 824o(a)). to which this section applies. enactment of this Act, publish in the Federal

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Register notice of a proposed rulemaking to 102(2)(C) of the National Environmental Pol- (c) ENERGY PROJECTS IN GULF OF MEXICO.— carry out the applicable requirements of sec- icy Act of 1969 (42 U.S.C. 4332(2)(C)). (1) JURISDICTION.—The United States Court tion 2003; and (c) EXCEPTIONS.—Lease Sales 214, 232, and of Appeals for the Fifth Circuit shall have (2) not later than 1 year after the date of 239 shall not be included in the final oil and exclusive jurisdiction over challenges to off- enactment of this Act, publish in the Federal gas leasing program for the period of fiscal shore energy projects and permits to drill Register a final rule to carry out the applica- years 2014 through 2019. carried out in the Gulf of Mexico. ble requirements of section 2003. SEC. 3003. LEASE SALES. (2) FILING DEADLINE.—Any civil action to Subtitle B—Keystone XL Permit Approval (a) IN GENERAL.—Except as otherwise pro- challenge a project or permit described in vided in this section, not later than 180 days paragraph (1) shall be filed not later than 60 SEC. 2011. FINDINGS. after the date of enactment of this Act and days after the date of approval of the project Congress finds that— every 270 days thereafter, the Secretary shall or the issuance of the permit. (1) building the Keystone XL pipeline will conduct a lease sale in each outer Conti- provide jobs and economic growth to the TITLE IV—UTILIZING AMERICA’S nental Shelf planning area for which the Sec- ONSHORE RESOURCES United States; and retary determines that there is a commercial (2) the Keystone XL pipeline should be ap- interest in purchasing Federal oil and gas SEC. 4001. FINDINGS. proved immediately. leases for production on the outer Conti- Congress finds that— SEC. 2012. KEYSTONE XL PERMIT APPROVAL. nental Shelf. (1) current policy has failed to take full ad- (a) IN GENERAL.—Notwithstanding Execu- (b) SUBSEQUENT DETERMINATIONS AND vantage of the natural resources on Federal tive Order 13337 (3 U.S.C. 301 note ; 69 Fed. SALES.—If the Secretary determines that land; Reg. 25299 (April 30, 2004)), Executive Order there is not a commercial interest in pur- (2) the States should be given the option to 11423 (3 U.S.C. 301 note; 33 Fed. Reg. 11741 chasing Federal oil and gas leases for produc- lead energy development on all available (August 16, 1968)), section 301 of title 3, tion on the outer Continental Shelf in a Federal land in a State; and United States Code, and any other Executive planning area under this section, not later (3) the Federal Government should not in- order or provision of law, no presidential per- than 2 years after the date of the determina- hibit energy development on Federal land. mit shall be required for the pipeline de- tion and every 2 years thereafter, the Sec- SEC. 4002. STATE OPTION FOR ENERGY DEVELOP- scribed in the application filed on May 4, retary shall— MENT. 2012, by TransCanada Corporation to the De- (1) make an additional determination on Notwithstanding any other provision of partment of State for the northern portion whether there is a commercial interest in this title, a State may elect to control en- of the Keystone XL pipeline from the Cana- purchasing Federal oil and gas leases for pro- ergy development and production on avail- dian border to the border between the States duction on the outer Continental Shelf in able Federal land in accordance with the of South Dakota and Nebraska. the planning area; and terms and conditions of subtitle A and the (b) ENVIRONMENTAL IMPACT STATEMENT.— (2) if the Secretary determines that there amendments made by subtitle A in lieu of The final environmental impact statement is a commercial interest under paragraph (1), being subject to the Federal system estab- issued by the Secretary of State on January conduct a lease sale in the planning area. lished under subtitle B and the amendments 31, 2014, regarding the pipeline referred to in (c) PROTECTION OF STATE INTEREST.—In de- made by subtitle B. subsection (a), shall be considered to satisfy veloping future leasing programs, the Sec- Subtitle A—Energy Development by States retary shall give deference to affected coast- all requirements of the National Environ- SEC. 4011. DEFINITIONS. al States (as the term is used in the Outer mental Policy Act of 1969 (42 U.S.C. 4321 et In this subtitle: seq.). Continental Shelf Lands Act (43 U.S.C. 1331 (1) AVAILABLE FEDERAL LAND.—The term (c) CRITICAL HABITAT.—No area necessary et seq.)) in determining leasing areas to be ‘‘available Federal land’’ means any Federal to construct or maintain the Keystone XL included in the leasing program. land that, as of the date of enactment of this pipeline shall be considered critical habitat (d) PETITIONS.—If a person petitions the Act— under the Endangered Species Act of 1973 (16 Secretary to conduct a lease sale for an (A) is located within the boundaries of a U.S.C. 1531 et seq.) or any other provision of outer Continental Shelf planning area in State; law. which the person has a commercial interest, (B) is not held by the United States in (d) PERMITS.—Any Federal permit or au- the Secretary shall conduct a lease sale for trust for the benefit of a federally recognized thorization issued before the date of enact- the area in accordance with subsection (a). Indian tribe; ment of this Act for the pipeline and cross- SEC. 3004. APPLICATIONS FOR PERMITS TO (C) is not a unit of the National Park Sys- border facilities described in subsection (a), DRILL. tem; and the related facilities in the United Section 5 of the Outer Continental Shelf (D) is not a unit of the National Wildlife States, shall remain in effect. Lands Act (43 U.S.C. 1334) is amended by add- Refuge System; and (e) FEDERAL JUDICIAL REVIEW.—The pipe- ing at the end the following: (E) is not a congressionally designated wil- line and cross-border facilities described in ‘‘(k) APPLICATIONS FOR PERMITS TO derness area. subsection (a), and the related facilities in DRILL.— (2) SECRETARY.—The term ‘‘Secretary’’ the United States, that are approved by this ‘‘(1) IN GENERAL.—Subject to paragraph (2), means the Secretary of the Interior. section, and any permit, right-of-way, or the Secretary shall approve or disapprove an (3) STATE.—The term ‘‘State’’ means— other action taken to construct or complete application for a permit to drill submitted (A) a State; and the project pursuant to Federal law, shall under this Act not later than 20 days after (B) the District of Columbia. only be subject to judicial review on direct the date on which the application is sub- appeal to the United States Court of Appeals mitted to the Secretary. SEC. 4012. STATE PROGRAMS. for the District of Columbia Circuit. ‘‘(2) DISAPPROVAL.—If the Secretary dis- (a) IN GENERAL.—A State— approves an application for a permit to drill (1) may establish a program covering the TITLE III—OUTER CONTINENTAL SHELF under paragraph (1), the Secretary shall— leasing and permitting processes, regulatory LEASING ‘‘(A) provide to the applicant a description requirements, and any other provisions by SEC. 3001. FINDING. of the reasons for the disapproval of the ap- which the State would exercise the rights of Congress finds that the United States has plication; the State to develop all forms of energy re- enormous potential for offshore energy de- ‘‘(B) allow the applicant to resubmit an ap- sources on available Federal land in the velopment and that the people of the United plication during the 10-day period beginning State; and States should have access to the jobs and on the date of the receipt of the description (2) as a condition of certification under economic benefits from developing those re- described in subparagraph (A) by the appli- section 4013(b) shall submit a declaration to sources. cant; and the Departments of the Interior, Agri- SEC. 3002. EXTENSION OF LEASING PROGRAM. ‘‘(C) approve or disapprove any resub- culture, and Energy that a program under (a) IN GENERAL.—Subject to subsection (c), mitted application not later than 10 days paragraph (1) has been established or amend- the Draft Proposed Outer Continental Shelf after the date on which the application is ed. Oil and Gas Leasing Program 2010–2015 issued submitted to the Secretary.’’. (b) AMENDMENT OF PROGRAMS.—A State by the Secretary of the Interior (referred to SEC. 3005. LEASE SALES FOR CERTAIN AREAS. may amend a program developed and cer- in this title as the ‘‘Secretary’’) under sec- (a) IN GENERAL.—As soon as practicable tified under this subtitle at any time. tion 18 of the Outer Continental Shelf Lands but not later than 1 year after the date of en- (c) CERTIFICATION OF AMENDED PRO- Act (43 U.S.C. 1344) shall be considered to be actment of this Act, the Secretary shall con- GRAMS.—Any program amended under sub- the final oil and gas leasing program under duct Lease Sale 220 for areas offshore of the section (b) shall be certified under section that section for the period of fiscal years 2014 State of Virginia. 4013(b). through 2019. (b) COMPLIANCE WITH OTHER LAWS.—For SEC. 4013. LEASING, PERMITTING, AND REGU- (b) FINAL ENVIRONMENTAL IMPACT STATE- purposes of the lease sale described in sub- LATORY PROGRAMS. MENT.—The Secretary is considered to have section (a), the environmental impact state- (a) SATISFACTION OF FEDERAL REQUIRE- issued a final environmental impact state- ment prepared under section 3001 shall sat- MENTS.—Each program certified under this ment for the program applicable to the pe- isfy the requirements of the National Envi- section shall be considered to satisfy all ap- riod described in subsection (a) in accord- ronmental Policy Act of 1969 (42 U.S.C. 4321 plicable requirements of Federal law (includ- ance with all requirements under section et seq.). ing regulations), including—

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(1) the National Environmental Policy Act ‘‘(B) DELAY.—The Secretary shall not in- ‘‘(bb) the specific reasons for the delay; and of 1969 (42 U.S.C. 4321 et seq.); fringe on lease rights under leases issued ‘‘(cc) a specific date a final decision on the (2) the Endangered Species Act of 1973 (16 under this Act by indefinitely delaying application is expected. U.S.C. 1531 et seq.); and issuance of project approvals, drilling and ‘‘(C) NOTICE OF REASONS FOR DENIAL.—If the (3) the National Historic Preservation Act seismic permits, and rights-of-way for activi- application is denied, the Secretary shall (16 U.S.C. 470 et seq.). ties under the lease. provide the applicant— (b) FEDERAL CERTIFICATION AND TRANSFER ‘‘(C) AVAILABILITY FOR LEASE.—Not later ‘‘(i) a written statement that provides OF DEVELOPMENT RIGHTS.—Upon submission than 18 months after an area is designated as clear and comprehensive reasons why the ap- of a declaration by a State under section open under the applicable land use plan, the plication was not accepted and detailed in- 4012(a)(2)— Secretary shall make available nominated formation concerning any deficiencies; and (1) the program under section 4012(a)(1) areas for lease using the criteria established ‘‘(ii) an opportunity to remedy any defi- shall be certified; and under section 2. ciencies. (2) the State shall receive all rights from ‘‘(D) LAST PAYMENT.— ‘‘(D) APPLICATION DEEMED APPROVED.— the Federal Government to develop all forms ‘‘(i) IN GENERAL.—Notwithstanding any ‘‘(i) IN GENERAL.—Except as provided in of energy resources covered by the program. other provision of law, the Secretary shall clause (ii), if the Secretary has not made a (c) ISSUANCE OF PERMITS AND LEASES.—If a issue all leases sold not later than 60 days decision on the application by the end of the State elects to issue a permit or lease for the after the last payment is made. 60-day period beginning on the date the ap- development of any form of energy resource ‘‘(ii) CANCELLATION.—The Secretary shall plication is received by the Secretary, the on any available Federal land within the bor- not cancel or withdraw any lease parcel after application shall be considered approved. ders of the State in accordance with a pro- a competitive lease sale has occurred and a ‘‘(ii) EXCEPTIONS.—Clause (i) shall not gram certified under subsection (b), the per- winning bidder has submitted the last pay- apply in cases in which existing reviews mit or lease shall be considered to meet all ment for the parcel. under the National Environmental Policy applicable requirements of Federal law (in- ‘‘(E) PROTESTS.— Act of 1969 (42 U.S.C. 4321 et seq.) or Endan- cluding regulations). ‘‘(i) IN GENERAL.—Not later than the end of gered Species Act of 1973 (16 U.S.C. 1531 et SEC. 4014. JUDICIAL REVIEW. the 60-day period beginning on the date a seq.) are incomplete. Activities carried out in accordance with lease sale is held under this Act, the Sec- ‘‘(E) DENIAL OF PERMIT.—If the Secretary this subtitle shall not be subject to Federal retary shall adjudicate any lease protests decides not to issue a permit to drill under judicial review. filed following a lease sale. this paragraph, the Secretary shall— SEC. 4015. ADMINISTRATIVE PROCEDURE ACT. ‘‘(ii) UNSETTLED PROTEST.—If, after the 60- ‘‘(i) provide to the applicant a description Activities carried out in accordance with day period described in clause (i) any protest of the reasons for the denial of the permit; this subtitle shall not be subject to sub- is left unsettled— ‘‘(ii) allow the applicant to resubmit an ap- chapter II of chapter 5, and chapter 7, of title ‘‘(I) the protest shall be considered auto- plication for a permit to drill during the 10- 5, United States Code (commonly known as matically denied; and day period beginning on the date the appli- the ‘‘Administrative Procedure Act’’). ‘‘(II) the appeal rights of the protestor cant receives the description of the denial Subtitle B—Onshore Oil and Gas Permit shall begin. from the Secretary; and ‘‘(iii) issue or deny any resubmitted appli- Streamlining ‘‘(F) ADDITIONAL LEASE STIPULATIONS.—No cation not later than 10 days after the date additional lease stipulation may be added PART I—OIL AND GAS LEASING the application is submitted to the Sec- after the parcel is sold without consultation CERTAINTY retary. and agreement of the lessee, unless the Sec- SEC. 4021. MINIMUM ACREAGE REQUIREMENT ‘‘(F) FEE.— retary considers the stipulation as an emer- FOR ONSHORE LEASE SALES. ‘‘(i) IN GENERAL.—Notwithstanding any gency action to conserve the resources of the Section 17 of the Mineral Leasing Act (30 other provision of law, the Secretary shall United States.’’. U.S.C. 226) is amended— collect a single $6,500 permit processing fee (1) by striking ‘‘SEC. 17. (a) All lands’’ and SEC. 4023. LEASING CONSISTENCY. per application from each applicant at the inserting the following: A Federal land manager shall follow exist- time the final decision is made whether to ‘‘SEC. 17. LEASE OF OIL AND GAS LAND. ing resource management plans and continue issue a permit under subparagraph (A). to actively lease in areas designated as open ‘‘(a) AUTHORITY OF SECRETARY.— ‘‘(ii) RESUBMITTED APPLICATION.—The fee ‘‘(1) IN GENERAL.—All land’’; and when resource management plans are being required under clause (i) shall not apply to (2) in subsection (a), by adding at the end amended or revised, until such time as a new any resubmitted application. record of decision is signed. the following: ‘‘(iii) TREATMENT OF PERMIT PROCESSING SEC. 4024. REDUCE REDUNDANT POLICIES. ‘‘(2) MINIMUM ACREAGE REQUIREMENT FOR FEE.—Subject to appropriation, of all fees ONSHORE LEASE SALES.— Bureau of Land Management Instruction collected under this paragraph for each fiscal ‘‘(A) IN GENERAL.—In conducting lease Memorandum 2010–117 shall have no force or year, 50 percent shall be— sales under paragraph (1)— effect. ‘‘(I) transferred to the field office at which ‘‘(i) there shall be a presumption that nom- SEC. 4025. STREAMLINED CONGRESSIONAL NOTI- the fees are collected; and inated land should be leased; and FICATION. ‘‘(II) used to process protests, leases, and Section 31(e) of the Mineral Leasing Act (30 ‘‘(ii) the Secretary of the Interior shall permits under this Act.’’. U.S.C. 188(e)) is amended in the first sen- offer for sale all of the nominated acreage SEC. 4032. ADMINISTRATIVE PROTEST DOCU- not previously made available for lease, un- tence of the matter following paragraph (4) MENTATION REFORM. less the Secretary demonstrates by clear and by striking ‘‘at least thirty days in advance Section 17(p) of the Mineral Leasing Act convincing evidence that an individual lease of the reinstatement’’ and inserting ‘‘in an (30 U.S.C. 226(p)) (as amended by section 4031) should not be granted. annual report’’. is amended by adding at the end the fol- ‘‘(B) ADMINISTRATION.—Acreage offered for PART II—APPLICATION FOR PERMITS TO lowing: lease pursuant to this paragraph— DRILL PROCESS REFORM ‘‘(4) PROTEST FEE.— ‘‘(i) shall not be subject to protest; and SEC. 4031. PERMIT TO DRILL APPLICATION ‘‘(A) IN GENERAL.—The Secretary shall col- ‘‘(ii) shall be eligible for categorical exclu- TIMELINE. lect a $5,000 documentation fee to accompany sions under section 390 of the Energy Policy Section 17(p) of the Mineral Leasing Act each administrative protest for a lease, Act of 2005 (42 U.S.C. 15942), except that the (30 U.S.C. 226(p)) is amended by striking right-of-way, or application for a permit to categorical exclusions shall not be subject to paragraph (2) and inserting the following: drill. the test of extraordinary circumstances or ‘‘(2) APPLICATIONS FOR PERMITS TO DRILL ‘‘(B) TREATMENT OF FEES.—Subject to ap- any other similar regulation or policy guid- REFORM AND PROCESS.— propriation, of all fees collected under this ance. ‘‘(A) IN GENERAL.—Not later than the end paragraph for each fiscal year, 50 percent ‘‘(C) AVAILABILITY.—In administering this of the 30-day period beginning on the date an shall— paragraph, the Secretary shall only consider application for a permit to drill is received ‘‘(i) remain in the field office at which the leasing of Federal land that is available for by the Secretary, the Secretary shall decide fees are collected; and leasing at the time the lease sale occurs.’’. whether to issue the permit. ‘‘(ii) be used to process protests.’’. SEC. 4022. LEASING CERTAINTY. ‘‘(B) EXTENSION.— SEC. 4033. IMPROVED FEDERAL ENERGY PERMIT Section 17(a) of the Mineral Leasing Act ‘‘(i) IN GENERAL.—The Secretary may ex- COORDINATION. (30 U.S.C. 226(a)) (as amended by section 4061) tend the period described in subparagraph (a) DEFINITIONS.—In this section: is amended by adding at the end the fol- (A) for up to 2 periods of 15 days each, if the (1) ENERGY PROJECT.—The term ‘‘energy lowing: Secretary has given written notice of the project’’ includes any oil, natural gas, coal, ‘‘(3) LEASING CERTAINTY.— delay to the applicant. or other energy project, as defined by the ‘‘(A) IN GENERAL.—The Secretary of the In- ‘‘(ii) NOTICE.—The notice shall— Secretary. terior shall not withdraw any covered energy ‘‘(I) be in the form of a letter from the Sec- (2) PROJECT.—The term ‘‘Project’’ means project (as defined in section 4051 of the retary or a designee of the Secretary; and the Federal Permit Streamlining Project es- American Energy Renaissance Act of 2014 ) ‘‘(II) include— tablished under subsection (b). issued under this Act without finding a vio- ‘‘(aa) the names and titles of the persons (3) SECRETARY.—The term ‘‘Secretary’’ lation of the terms of the lease by the lessee. processing the application; means the Secretary of the Interior.

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(b) ESTABLISHMENT.—The Secretary shall require a finding of extraordinary cir- PART IV—NATIONAL PETROLEUM establish a Federal Permit Streamlining cumstances in administering section 390 of RESERVE IN ALASKA ACCESS Project in each Bureau of Land Management the Energy Policy Act of 2005 (42 U.S.C. field office with responsibility for permitting 15942). SEC. 4051. SENSE OF CONGRESS AND REAFFIRM- ING NATIONAL POLICY FOR THE NA- energy projects on Federal land. PART III—OIL SHALE TIONAL PETROLEUM RESERVE IN (c) MEMORANDUM OF UNDERSTANDING.— ALASKA. (1) IN GENERAL.—Not later than 90 days after the date of enactment of this Act, the SEC. 4041. EFFECTIVENESS OF OIL SHALE REGU- It is the sense of Congress that— LATIONS, AMENDMENTS TO RE- Secretary shall enter into a memorandum of (1) the National Petroleum Reserve in SOURCE MANAGEMENT PLANS, AND Alaska remains explicitly designated, both understanding for purposes of carrying out RECORD OF DECISION. this section with— in name and legal status, for purposes of pro- (A) the Secretary of Agriculture; (a) REGULATIONS.— viding oil and natural gas resources to the (B) the Administrator of the Environ- (1) IN GENERAL.—Notwithstanding any United States; and mental Protection Agency; and other provision of law (including regula- (2) accordingly, the national policy is to (C) the Chief of Engineers. tions), the final regulations regarding oil actively advance oil and gas development (2) STATE PARTICIPATION.—The Secretary shale management published by the Bureau within the Reserve by facilitating the expe- may request that the Governor of any State of Land Management on November 18, 2008 ditious exploration, production, and trans- with energy projects on Federal land to be a (73 Fed. Reg. 69414) shall be considered to portation of oil and natural gas from and signatory to the memorandum of under- satisfy all legal and procedural requirements through the Reserve. under any law, including— standing. SEC. 4052. NATIONAL PETROLEUM RESERVE IN (d) DESIGNATION OF QUALIFIED STAFF.— (A) the Federal Land Policy and Manage- ALASKA: LEASE SALES. (1) IN GENERAL.—Not later than 30 days ment Act of 1976 (43 U.S.C. 1701 et seq.); after the date of the signing of the memo- (B) the Endangered Species Act of 1973 (16 Section 107 of the Naval Petroleum Re- randum of understanding under subsection U.S.C. 1531 et seq.); and serves Production Act of 1976 (42 U.S.C. (c), each Federal signatory party shall, if ap- (C) the National Environmental Policy Act 6506a) is amended by striking subsection (a) propriate, assign to each Bureau of Land of 1969 (42 U.S.C. 4321 et seq.). and inserting the following Management field office an employee who (2) IMPLEMENTATION.—The Secretary of the ‘‘(a) IN GENERAL.—The Secretary shall con- has expertise in the regulatory issues relat- Interior shall implement the regulations de- duct an expeditious program of competitive ing to the office in which the employee is scribed in paragraph (1) (including the oil leasing of oil and gas in the Reserve— employed, including, as applicable, par- shale leasing program authorized by the reg- ‘‘(1) in accordance with this Act; and ticular expertise in— ulations) without any other administrative ‘‘(2) that shall include at least 1 lease sale (A) the consultations and the preparation action necessary. annually in the areas of the Reserve most of biological opinions under section 7 of the likely to produce commercial quantities of (b) AMENDMENTS TO RESOURCE MANAGE- Endangered Species Act of 1973 (16 U.S.C. oil and natural gas for each of calendar years MENT PLANS AND RECORD OF DECISION.— 1536); 2014 through 2023.’’. (1) IN GENERAL.—Notwithstanding any (B) permits under section 404 of the Fed- other provision of law (including regula- SEC. 4053. NATIONAL PETROLEUM RESERVE IN eral Water Pollution Control Act (33 U.S.C. tions) to the contrary, the Approved Re- ALASKA: PLANNING AND PERMIT- 1344); source Management Plan Amendments/ TING PIPELINE AND ROAD CON- (C) regulatory matters under the Clean Air Record of Decision for Oil Shale and Tar STRUCTION. Act (42 U.S.C. 7401 et seq.); Sands Resources to Address Land Use Allo- (a) IN GENERAL.—Notwithstanding any (D) planning under the National Forest other provision of law, the Secretary of the Management Act of 1976 (16 U.S.C. 1600 et cations in Colorado, Utah, and Wyoming and Interior, in consultation with other appro- seq.); and the Final Programmatic Environmental Im- priate Federal agencies, shall facilitate and (E) the preparation of analyses under the pact Statement of the Bureau of Land Man- ensure permits, in a timely and environ- National Environmental Policy Act of 1969 agement, as in effect on November 17, 2008, mentally responsible manner, for all surface (42 U.S.C. 4321 et seq.). shall be considered to satisfy all legal and development activities, including for the (2) DUTIES.—Each employee assigned under procedural requirements under any law, in- paragraph (1) shall— cluding— construction of pipelines and roads, nec- (A) not later than 90 days after the date of (A) the Federal Land Policy and Manage- essary— assignment, report to the Bureau of Land ment Act of 1976 (43 U.S.C. 1701 et seq.); (1) to develop and bring into production Management Field Managers in the office to (B) the Endangered Species Act of 1973 (16 any areas within the National Petroleum Re- which the employee is assigned; U.S.C. 1531 et seq.); and serve in Alaska that are subject to oil and (B) be responsible for all issues relating to (C) the National Environmental Policy Act gas leases; and the energy projects that arise under the au- of 1969 (42 U.S.C. 4321 et seq.). (2) to transport oil and gas from and thorities of the home agency of the em- (2) IMPLEMENTATION.—The Secretary of the through the National Petroleum Reserve in ployee; and Interior shall implement the oil shale leas- Alaska in the most direct manner possible to (C) participate as part of the team of per- ing program authorized by the regulations existing transportation or processing infra- sonnel working on proposed energy projects, described in paragraph (1) in those areas cov- structure on the North Slope of Alaska. planning, and environmental analyses on ered by the resource management plans cov- (b) TIMELINE.—The Secretary shall ensure Federal land. ered by the amendments, and covered by the that any Federal permitting agency shall (e) ADDITIONAL PERSONNEL.—The Secretary record of decision, described in paragraph (1) issue permits in accordance with the fol- shall assign to each Bureau of Land Manage- without any other administrative action lowing timeline: ment field office described in subsection (b) necessary. (1) Permits for the construction described any additional personnel that are necessary SEC. 4042. OIL SHALE LEASING. in subsection (a) for transportation of oil and to ensure the effective approval and imple- natural gas produced under existing Federal mentation of energy projects administered (a) ADDITIONAL RESEARCH AND DEVELOP- oil and gas leases with respect to which the by the Bureau of Land Management field of- MENT LEASE SALES.—Not later than 180 days Secretary has issued a permit to drill shall fice, including inspection and enforcement after the date of enactment of this Act, the be approved not later than 60 days after the relating to energy development on Federal Secretary of the Interior shall hold a lease date of enactment of this Act. land, in accordance with the multiple use sale offering an additional 10 parcels for (2) Permits for the construction described mandate of the Federal Land Policy and lease for research, development, and dem- in subsection (a) for transportation of oil and Management Act of 1976 (43 U.S.C. 1701 et onstration of oil shale resources, under the natural gas produced under Federal oil and seq.). terms offered in the solicitation of bids for gas leases shall be approved not later than (f) FUNDING.—Funding for the additional such leases published on January 15, 2009 (74 180 days after the date on which a request for personnel shall come from the Department of Fed. Reg. 2611). a permit to drill is submitted to the Sec- the Interior reforms under paragraph (2) of retary. section 17(p) of the Mineral Leasing Act (30 (b) COMMERCIAL LEASE SALES.— U.S.C. 226(p)) (as amended by section 4031 (1) IN GENERAL.—Not later than January 1, (c) PLAN.—To ensure timely future devel- and section 4032). 2016, the Secretary of the Interior shall hold opment of the National Petroleum Reserve (g) SAVINGS PROVISION.—Nothing in this not less than 5 separate commercial lease in Alaska, not later than 270 days after the section affects— sales in areas considered to have the most date of enactment of this Act, the Secretary (1) the operation of any Federal or State potential for oil shale development, as deter- of the Interior shall submit to Congress a law; or mined by the Secretary, in areas nominated plan for approved rights-of-way for a plan for (2) any delegation of authority made by through public comment. pipeline, road, and any other surface infra- the head of a Federal agency any employee (2) ADMINISTRATION.—Each lease sale shall structure that may be necessary infrastruc- of which is participating in the Project. be— ture that will ensure that all leasable tracts SEC. 4034. ADMINISTRATION. (A) for an area of not less than 25,000 acres; in the Reserve are within 25 miles of an ap- Notwithstanding any other provision of ;and proved road and pipeline right-of-way that law, the Secretary of the Interior shall not (B) in multiple lease blocs. can serve future development of the Reserve.

VerDate Mar 15 2010 03:57 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.037 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 29, 2014 CONGRESSIONAL RECORD — SENATE S2481 SEC. 4054. ISSUANCE OF A NEW INTEGRATED AC- (1) the Syria Accountability and Lebanese PART VI—JUDICIAL REVIEW TIVITY PLAN AND ENVIRONMENTAL Sovereignty Restoration Act of 2003 (22 SEC. 4071. DEFINITIONS. IMPACT STATEMENT. U.S.C. 2151 note; Public Law 108–175); (a) ISSUANCE OF NEW INTEGRATED ACTIVITY (2) the Comprehensive Iran Sanctions, Ac- In this part: PLAN.—Not later than 180 days after the date countability, and Divestiture Act of 2010 (22 (1) COVERED CIVIL ACTION.—The term ‘‘cov- of enactment of this Act, the Secretary of U.S.C. 8501 et seq.); ered civil action’’ means a civil action con- the Interior shall issue— (3) section 1245 of the National Defense Au- taining a claim under section 702 of title 5, (1) a new proposed integrated activity plan thorization Act for Fiscal Year 2012 (22 United States Code, regarding agency action from among the nonadopted alternatives in U.S.C. 8513a); (as defined for the purposes of that section) the National Petroleum Reserve Alaska Inte- (4) the Iran Threat Reduction and Syria affecting a covered energy project on Federal grated Activity Plan Record of Decision Human Rights Act of 2012 (22 U.S.C. 8701 et land. issued by the Secretary of the Interior and seq.); (2) COVERED ENERGY PROJECT.— dated February 21, 2013; and (5) the Iran Freedom and Counter-Pro- (A) IN GENERAL.—The term ‘‘covered en- (2) an environmental impact statement liferation Act of 2012 (22 U.S.C. 8801 et seq.); ergy project’’ means— under section 102(2)(C) of the National Envi- (6) the Iran Sanctions Act of 1996 (50 U.S.C. (i) the leasing of Federal land for the ex- ronmental Policy Act of 1969 (42 U.S.C. 1701 note; Public Law 104–172); ploration, development, production, proc- 4332(2)(C)) for issuance of oil and gas leases (7) Executive Order 13224 (50 U.S.C. 1701 essing, or transmission of oil, natural gas, in the National Petroleum Reserve-Alaska to note; relating to blocking property and pro- wind, or any other source of energy; and promote efficient and maximum develop- hibiting transactions with persons who com- (ii) any action under the lease. ment of oil and natural gas resources of the mit, threaten to commit, or support ter- (B) EXCLUSION.—The term ‘‘covered energy Reserve. rorism); project’’ does not include any dispute be- (b) NULLIFICATION OF EXISTING RECORD OF (8) Executive Order 13338 (50 U.S.C. 1701 tween the parties to a lease regarding the ob- DECISION, IAP, AND EIS.—Except as provided note; relating to blocking property of certain ligations under the lease, including any al- in subsection (a), the National Petroleum persons and prohibiting the export of certain leged breach of the lease. Reserve-Alaska Integrated Activity Plan goods to Syria); Record of Decision issued by the Secretary of SEC. 4072. EXCLUSIVE VENUE FOR CERTAIN (9) Executive Order 13622 (50 U.S.C. 1701 CIVIL ACTIONS RELATING TO COV- the Interior and dated February 21, 2013, in- ERED ENERGY PROJECTS. cluding the integrated activity plan and en- note; relating to authorizing additional sanc- vironmental impact statement referred to in tions with respect to Iran); Venue for any covered civil action shall lie that record of decision, shall have no force or (10) Executive Order 13628 (50 U.S.C. 1701 in the United States district court in which effect. note; relating to authorizing additional sanc- the covered energy project or lease exists or tions with respect to Iran); or SEC. 4055. DEPARTMENTAL ACCOUNTABILITY is proposed. (11) Executive Order 13645 (50 U.S.C. 1701 FOR DEVELOPMENT. SEC. 4073. TIMELY FILING. note; relating to authorizing additional sanc- The Secretary of the Interior shall promul- To ensure timely redress by the courts, a gate regulations not later than 180 days after tions with respect to Iran). covered civil action shall be filed not later the date of enactment of this Act that estab- SEC. 4062. INTERNET-BASED ONSHORE OIL AND than the end of the 90-day period beginning lish clear requirements to ensure that the GAS LEASE SALES. on the date of the final Federal agency ac- Department of the Interior is supporting de- (a) AUTHORIZATION.—Section 17(b)(1) of the tion to which the covered civil action re- velopment of oil and gas leases in the Na- Mineral Leasing Act (30 U.S.C. 226(b)(1)) is lates. tional Petroleum Reserve-Alaska. amended— SEC. 4074. EXPEDITION IN HEARING AND DETER- SEC. 4056. DEADLINES UNDER NEW PROPOSED (1) in subparagraph (A), in the third sen- INTEGRATED ACTIVITY PLAN. MINING THE ACTION. tence, by inserting ‘‘, except as provided in At a minimum, the new proposed inte- The court shall endeavor to hear and deter- subparagraph (C)’’ after ‘‘by oral bidding’’; grated activity plan issued under section mine any covered civil action as expedi- and 4054(a)(1) shall— tiously as practicable. (2) by adding at the end the following: (1) require the Department of the Interior SEC. 4075. LIMITATION ON INJUNCTION AND PRO- ‘‘(C) INTERNET-BASED BIDDING.— to respond within 5 business days to a person SPECTIVE RELIEF. who submits an application for a permit for ‘‘(i) IN GENERAL.—In order to diversify and development of oil and natural gas leases in expand the onshore leasing program of the (a) IN GENERAL.—In a covered civil action, the National Petroleum Reserve-Alaska ac- United States to ensure the best return to a court shall not grant or approve any pro- knowledging receipt of the application; and the Federal taxpayer, reduce fraud, and se- spective relief unless the court finds that the (2) establish a timeline for the processing cure the leasing process, the Secretary may relief— of each application that— conduct onshore lease sales through Inter- (1) is narrowly drawn; (A) specifies deadlines for decisions and ac- net-based bidding methods. (2) extends no further than necessary to tions on permit applications; and ‘‘(ii) CONCLUSION.—Each individual Inter- correct the violation of a legal requirement; (B) provides that the period for issuing a net-based lease sale shall conclude not later and permit after the date on which the applica- than 7 days after the date on which the sale (3) is the least intrusive means necessary tion is submitted shall not exceed 60 days begins.’’. to correct the violation. without the concurrence of the applicant. (b) REPORT.—Not later than 90 days after (b) DURATION.— SEC. 4057. UPDATED RESOURCE ASSESSMENT. the date on which the tenth Internet-based (1) IN GENERAL.—A court shall limit the du- (a) IN GENERAL.—The Secretary of the In- lease sale conducted under the amendment ration of preliminary injunctions to halt terior shall complete a comprehensive as- made by subsection (a) concludes, the Sec- covered energy projects to not more than 60 sessment of all technically recoverable fossil retary of the Interior shall analyze the first days, unless the court finds clear reasons to fuel resources within the National Petro- 10 Internet-based lease sales and report to extend the injunction. leum Reserve in Alaska, including all con- Congress the findings of the analysis, includ- (2) ADMINISTRATION.—In the case of an ex- ventional and unconventional oil and nat- ing— tension, the extension shall— ural gas. (1) estimates on increases or decreases in (A) only be in 30-day increments; and (b) COOPERATION AND CONSULTATION.—The Internet-based lease sales, compared to sales (B) require action by the court to renew assessment required by subsection (a) shall conducted by oral bidding, in— the injunction. be carried out by the United States Geologi- (A) the number of bidders; SEC. 4076. LIMITATION ON ATTORNEYS’ FEES AND cal Survey in cooperation and consultation (B) the average amount of bid; COURT COSTS. with the State of Alaska and the American (C) the highest amount bid; and (a) IN GENERAL.—Sections 504 of title 5 and Association of Petroleum Geologists. (D) the lowest bid; 2412 of title 28, United States Code (com- (c) TIMING.—The assessment required by (2) an estimate on the total cost or savings monly known as the ‘‘Equal Access to Jus- subsection (a) shall be completed not later to the Department of the Interior as a result tice Act’’), shall not apply to a covered civil than 2 years after the date of enactment of of Internet-based lease sales, compared to action. this Act. sales conducted by oral bidding; and (b) COURT COSTS.—A party to a covered (d) FUNDING.—In carrying out this section, (3) an evaluation of the demonstrated or the United States Geological Survey may co- civil action shall not receive payment from expected effectiveness of different structures the Federal Government for the attorneys’ operatively use resources and funds provided for lease sales which may provide an oppor- by the State of Alaska. fees, expenses, or other court costs incurred tunity to better— by the party. PART V—MISCELLANEOUS PROVISIONS (A) maximize bidder participation; SEC. 4061. SANCTIONS. (B) ensure the highest return to the Fed- SEC. 4077. LEGAL STANDING. Nothing in this title authorizes the eral taxpayers; A challenger that files an appeal with the issuance of a lease under the Mineral Leas- (C) minimize opportunities for fraud or col- Department of the Interior Board of Land ing Act (30 U.S.C. 181 et seq.) to any person lusion; and Appeals shall meet the same standing re- designated for the imposition of sanctions (D) ensure the security and integrity of the quirements as a challenger before a United pursuant to— leasing process. States district court.

VerDate Mar 15 2010 03:57 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.037 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2482 CONGRESSIONAL RECORD — SENATE April 29, 2014 TITLE V—ADDITIONAL ONSHORE Plain prepared pursuant to section 1002 of ties, there shall be no surface occupancy of RESOURCES the Alaska National Interest Lands Con- the land comprising the Special Area. Subtitle A—Leasing Program for Land Within servation Act (16 U.S.C. 3142) and section (5) DIRECTIONAL DRILLING.—Notwith- Coastal Plain 102(2)(C) of the National Environmental Pol- standing the other provisions of this sub- SEC. 5001. FINDING. icy Act of 1969 (42 U.S.C. 4332(2)(C)) is deemed section, the Secretary may lease all or a por- Congress finds that development of energy to satisfy the requirements under the Na- tion of a Special Area under terms that per- reserves under the Coastal Plain of Alaska, tional Environmental Policy Act of 1969 (42 mit the use of horizontal drilling technology performed in an environmentally responsible U.S.C. 4321 et seq.) that apply with respect to from sites on leases tracts located outside manner, will contribute to job growth and prelease activities under this subtitle, in- the Special Area. (f) LIMITATION ON CLOSED AREAS.—The au- economic development. cluding actions authorized to be taken by the Secretary to develop and promulgate thority of the Secretary to close land on the SEC. 5002. DEFINITIONS. Coastal Plain to oil and gas leasing, explo- In this subtitle: regulations for the establishment of a leas- ing program authorized by this subtitle be- ration, development, or production shall be (1) COASTAL PLAIN.—The term ‘‘Coastal limited to the authority provided under this Plain’’ means the area described in appendix fore the conduct of the first lease sale. OMPLIANCE WITH NEPA FOR OTHER AC- subtitle. I to part 37 of title 50, Code of Federal Regu- (3) C TIONS.— (g) REGULATIONS.— lations. (A) IN GENERAL.—Prior to conducting the (1) IN GENERAL.—Not later than 15 months (2) PEER REVIEWED.—The term ‘‘peer re- first lease sale under this subtitle, the Sec- after the date of enactment of this Act, the viewed’’ means reviewed— retary shall prepare an environmental im- Secretary shall promulgate regulations nec- (A) by individuals chosen by the National pact statement under the National Environ- essary to carry out this subtitle, including Academy of Sciences with no contractual re- mental Policy Act of 1969 (42 U.S.C. 4321 et regulations relating to protection of fish and lationship with, or those who have no appli- seq.) with respect to the actions authorized wildlife, the habitat of fish and wildlife, sub- cation for a grant or other funding pending by this subtitle not covered by paragraph (2). sistence resources, and environment of the with, the Federal agency with leasing juris- (B) NONLEASING ALTERNATIVES NOT RE- Coastal Plain. diction; or QUIRED.—Notwithstanding any other provi- (2) REVISION OF REGULATIONS.—The Sec- (B) if individuals described in subpara- sion of law, in preparing the environmental retary shall, through a rulemaking con- graph (A) are not available, by the top indi- impact statement under subparagraph (A), ducted in accordance with section 553 of title viduals in the specified biological fields, as the Secretary— 5, United States Code, periodically review determined by the National Academy of (i) shall— and, if appropriate, revise the regulations Sciences. (I) only identify a preferred action for leas- promulgated under paragraph (1) to reflect a (3) SECRETARY.—The term ‘‘Secretary’’ preponderance of the best available scientific means the Secretary of the Interior. ing and a single leasing alternative; and (II) analyze the environmental effects and evidence that has been peer reviewed and ob- SEC. 5003. LEASING PROGRAM FOR LAND ON THE tained by following appropriate, documented COASTAL PLAIN. potential mitigation measures for those 2 al- ternatives; and scientific procedures, the results of which (a) IN GENERAL.—The Secretary shall— can be repeated using those same procedures. (1) establish and implement, in accordance (ii) is not required— (I) to identify nonleasing alternative SEC. 5004. LEASE SALES. with this subtitle and acting through the Di- (a) IN GENERAL.—In accordance with the rector of the Bureau of Land Management in courses of action; or (II) to analyze the environmental effects of requirements of this subtitle, the Secretary consultation with the Director of the United may lease land under this subtitle to any States Fish and Wildlife Service, a competi- nonleasing alternative courses of action. (C) DEADLINE.—The identification under person qualified to obtain a lease for deposits tive oil and gas leasing program that will re- of oil and gas under the Mineral Leasing Act sult in the exploration, development, and subparagraph (B)(i)(I) for the first lease sale conducted under this subtitle shall be com- (30 U.S.C. 181 et seq.). production of the oil and gas resources of the (b) PROCEDURES.—The Secretary shall, by Coastal Plain; and pleted not later than 18 months after the date of enactment of this Act. regulation and not later than 180 days after (2) administer the provisions of this sub- the date of enactment of this Act, establish (D) PUBLIC COMMENT.—The Secretary shall title through regulations, lease terms, condi- procedures for— only consider public comments that— tions, restrictions, prohibitions, stipula- (1) receipt and consideration of sealed (i) specifically address the preferred action tions, and other provisions that ensure the nominations for any area of the Coastal of the Secretary; and oil and gas exploration, development, and Plain for inclusion in, or exclusion from, a (ii) are filed not later than 20 days after production activities on the Coastal Plain do lease sale; the date on which the environmental anal- not result in any significant adverse effect (2) the holding of lease sales after the nom- ysis is published. on fish and wildlife, the habitat of fish and ination process; and (E) COMPLIANCE.—Notwithstanding any wildlife, subsistence resources, or the envi- (3) public notice of and comment on des- other provision of law, compliance with this ronment, including, in furtherance of this ignation of areas to be included in, or ex- paragraph is deemed to satisfy all require- goal, by requiring the application of the best cluded from, a lease sale. ments for the analysis and consideration of commercially available technology for oil (c) LEASE SALE BIDS.—Lease sales under and gas exploration, development, and pro- the environmental effects of proposed leas- this subtitle may be conducted through an duction to all exploration, development, and ing under this subtitle. Internet leasing program, if the Secretary production operations under this subtitle in (d) RELATIONSHIP TO STATE AND LOCAL AU- determines that the Internet leasing pro- a manner that ensures the receipt of fair THORITY.—Nothing in this subtitle expands gram will result in savings to the taxpayer, market value by the public for the mineral or limits State or local regulatory authority. an increase in the number of bidders partici- resources to be leased. (e) SPECIAL AREAS.— pating, and higher returns than oral bidding (b) REPEAL OF EXISTING RESTRICTION.— (1) IN GENERAL.—The Secretary, after con- or a sealed bidding system. (1) REPEAL.—Section 1003 of the Alaska Na- sultation with the State of Alaska, the city (d) SALE ACREAGES AND SCHEDULE.—The tional Interest Lands Conservation Act (16 of Kaktovik and the North Slope Borough of Secretary shall— U.S.C. 3143) is repealed. the State of Alaska, may designate not more (1) offer for lease under this subtitle— (2) CONFORMING AMENDMENT.—The table of than 45,000 acres of the Coastal Plain as a (A) those tracts the Secretary considers to contents contained in section 1 of that Act ‘‘Special Area’’ if the Secretary determines have the greatest potential for the discovery (16 U.S.C. 3101 note) is amended by striking that the area is of such unique character and of hydrocarbons, taking into consideration the item relating to section 1003. interest so as to require special management nominations received under subsection (b)(1); (c) COMPLIANCE WITH REQUIREMENTS UNDER and regulatory protection. and CERTAIN OTHER LAWS.— (2) SADLEROCHIT SPRING AREA.—The Sec- (B)(i) not fewer than 50,000 acres by not (1) COMPATIBILITY.—For purposes of the retary shall designate the Sadlerochit Spring later than 22 months after the date of the en- National Wildlife Refuge System Adminis- area, consisting of approximately 4,000 acres, actment of this Act; and tration Act of 1966 (16 U.S.C. 668dd et seq.), as a Special Area. (ii) not fewer than an additional 50,000 the oil and gas leasing program and activi- (3) MANAGEMENT.—Each Special Area shall acres at 6-, 12-, and 18-month intervals fol- ties authorized by this section on the Coast- be managed to protect and preserve the lowing the initial offering under subclause al Plain are deemed to be compatible with unique and diverse character of the area, in- (i); the purposes for which the Arctic National cluding the fish, wildlife, and subsistence re- (2) conduct 4 additional lease sales under Wildlife Refuge was established, and no fur- source values of the area. the same terms and schedule as the last ther findings or decisions are required to im- (4) EXCLUSION FROM LEASING OR SURFACE lease sale under paragraph (1)(B)(ii) not later plement this determination. OCCUPANCY.— than 2 years after the date of that sale, if (2) ADEQUACY OF THE DEPARTMENT OF THE (A) IN GENERAL.—The Secretary may ex- sufficient interest in leasing exists to war- INTERIOR’S LEGISLATIVE ENVIRONMENTAL IM- clude any Special Area from leasing. rant, in the judgment of the Secretary, the PACT STATEMENT.—The document of the De- (B) NO SURFACE OCCUPANCY.—If the Sec- conduct of the sales; and partment of the Interior entitled ‘‘Final Leg- retary leases a Special Area, or any part of (3) evaluate the bids in each lease sale islative Environmental Impact Statement’’ a Special Area, for oil and gas exploration, under this subsection and issue leases result- and dated April 1987 relating to the Coastal development, production, or related activi- ing from the sales not later than 90 days

VerDate Mar 15 2010 03:57 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.037 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 29, 2014 CONGRESSIONAL RECORD — SENATE S2483 after the date on which the sale is com- administer this subtitle through regulations, ods, except that exploration activities may pleted. lease terms, conditions, restrictions, prohibi- occur at other times if the Secretary finds SEC. 5005. GRANT OF LEASES BY THE SEC- tions, stipulations, and other provisions that the exploration will have no significant RETARY. that— adverse effect on the fish and wildlife, the (a) IN GENERAL.—The Secretary may grant (1) ensure the oil and gas exploration, de- habitat of fish and wildlife, and the environ- to the highest responsible qualified bidder in velopment, and production activities on the ment of the Coastal Plain. a lease sale conducted under section 5004 any Coastal Plain shall not result in any signifi- (4) Design safety and construction stand- land to be leased on the Coastal Plain upon cant adverse effect on fish and wildlife, the ards for all pipelines and any access and payment by the bidder of any bonus as may habitat of fish and wildlife, or the environ- service roads, that minimize, to the max- be accepted by the Secretary. ment; imum extent practicable, adverse effects (b) SUBSEQUENT TRANSFERS.—No lease (2) require the application of the best com- on— issued under this subtitle may be sold, ex- mercially available technology for oil and (A) the passage of migratory species such changed, assigned, sublet, or otherwise gas exploration, development, and produc- as caribou; and transferred except with the approval of the tion on all new exploration, development, (B) the flow of surface water by requiring Secretary after the Secretary consults with, and production operations; and the use of culverts, bridges, and other struc- and gives due consideration to the views of, (3) ensure that the maximum amount of tural devices. the Attorney General. surface acreage covered by production and (5) Prohibitions on general public access SEC. 5006. LEASE TERMS AND CONDITIONS. support facilities, including airstrips and and use on all pipeline access and service An oil or gas lease issued under this sub- any areas covered by gravel berms or piers roads. title shall— for support of pipelines, does not exceed (6) Stringent reclamation and rehabilita- (1) provide for the payment of a royalty of 10,000 acres on the Coastal Plain for each tion requirements, consistent with the standards set forth in this subtitle, requiring not less than 12.5 percent in amount or value 100,000 acres of area leased. the removal from the Coastal Plain of all oil of the production removed or sold under the (b) SITE-SPECIFIC ASSESSMENT AND MITIGA- and gas development and production facili- lease, as determined by the Secretary under TION.—With respect to any proposed drilling ties, structures, and equipment upon comple- the regulations applicable to other Federal and related activities, the Secretary shall re- quire that— tion of oil and gas production operations, ex- oil and gas leases; (1) a site-specific analysis be made of the cept that the Secretary may exempt from (2) provide that the Secretary may close, probable effects, if any, that the drilling or the requirements of this paragraph those fa- on a seasonal basis, portions of the Coastal related activities will have on fish and wild- cilities, structures, or equipment that the Plain to exploratory drilling activities as life, the habitat of fish and wildlife, subsist- Secretary determines would assist in the necessary to protect caribou calving areas ence resources, and the environment; management of the Arctic National Wildlife and other species of fish and wildlife based (2) a plan be implemented to avoid, mini- Refuge and that are donated to the United on a preponderance of the best available sci- mize, and mitigate (in that order and to the States for that purpose. entific evidence that has been peer reviewed extent practicable) any significant adverse (7) Appropriate prohibitions or restrictions and obtained by following appropriate, docu- effect identified under paragraph (1); and on access by all modes of transportation. mented scientific procedures, the results of (3) the development of the plan shall occur (8) Appropriate prohibitions or restrictions which can be repeated using those same pro- after consultation with the agency or agen- on sand and gravel extraction. cedures; cies having jurisdiction over matters miti- (9) Consolidation of facility siting. (3) require that the lessee of land on the gated by the plan. (10) Appropriate prohibitions or restric- Coastal Plain shall be fully responsible and (c) REGULATIONS TO PROTECT COASTAL tions on the use of explosives. liable for the reclamation of land on the PLAIN FISH AND WILDLIFE RESOURCES, SUB- (11) Avoidance, to the extent practicable, Coastal Plain and any other Federal land SISTENCE USERS, AND THE ENVIRONMENT.— of springs, streams, and river systems, the that is adversely affected in connection with Prior to implementing the leasing program protection of natural surface drainage pat- exploration, development, production, or authorized by this subtitle, the Secretary terns, wetlands, and riparian habitats, and transportation activities conducted under shall prepare and promulgate regulations, the regulation of methods or techniques for the lease and on the Coastal Plain by the les- lease terms, conditions, restrictions, prohibi- developing or transporting adequate supplies see or by any of the subcontractors or agents tions, stipulations, and other measures de- of water for exploratory drilling. of the lessee; signed to ensure that the activities under- (12) Avoidance or minimization of air traf- (4) provide that the lessee may not dele- taken on the Coastal Plain under this sub- fic-related disturbance to fish and wildlife. gate or convey, by contract or otherwise, the title are conducted in a manner consistent (13) Treatment and disposal of hazardous reclamation responsibility and liability to with the purposes and environmental re- and toxic wastes, solid wastes, reserve pit another person without the express written quirements of this subtitle. fluids, drilling muds and cuttings, and do- approval of the Secretary; (d) COMPLIANCE WITH FEDERAL AND STATE mestic wastewater, including an annual (5) provide that the standard of reclama- ENVIRONMENTAL LAWS AND OTHER REQUIRE- waste management report, a hazardous ma- tion for land required to be reclaimed under MENTS.—The proposed regulations, lease terials tracking system, and a prohibition on this subtitle shall be, as nearly as prac- terms, conditions, restrictions, prohibitions, chlorinated solvents, in accordance with ap- ticable, a condition capable of supporting and stipulations for the leasing program plicable Federal and State environmental the uses which the land was capable of sup- under this subtitle shall require compliance law (including regulations). porting prior to any exploration, develop- with all applicable provisions of Federal and (14) Fuel storage and oil spill contingency ment, or production activities, or upon appli- State environmental law and compliance planning. cation by the lessee, to a higher or better use with the following: (15) Research, monitoring, and reporting as certified by the Secretary; (1) Standards at least as effective as the requirements. (6) contain terms and conditions relating safety and environmental mitigation meas- (16) Field crew environmental briefings. to protection of fish and wildlife, the habitat ures set forth in items 1 through 29 at pages (17) Avoidance of significant adverse ef- of fish and wildlife, subsistence resources, 167 through 169 of the document of the De- fects upon subsistence hunting, fishing, and and the environment as required under sec- partment of the Interior entitled ‘‘Final Leg- trapping by subsistence users. tion 5003(a)(2); islative Environmental Impact Statement’’ (18) Compliance with applicable air and (7) provide that the lessee, agents of the and dated April 1987 relating to the Coastal water quality standards. lessee, and contractors of the lessee use best Plain. (19) Appropriate seasonal and safety zone efforts to provide a fair share, as determined (2) Seasonal limitations on exploration, de- designations around well sites, within which by the level of obligation previously agreed velopment, and related activities, where nec- subsistence hunting and trapping shall be to in the 1974 agreement implementing sec- essary, to avoid significant adverse effects limited. tion 29 of the Federal Agreement and Grant during periods of concentrated fish and wild- (20) Reasonable stipulations for protection of Right of Way for the Operation of the life breeding, denning, nesting, spawning, of cultural and archeological resources. Trans-Alaska Pipeline, of employment and and migration based on a preponderance of (21) All other protective environmental contracting for Alaska Natives and Alaska the best available scientific evidence that stipulations, restrictions, terms, and condi- Native corporations from throughout the has been peer reviewed and obtained by fol- tions determined necessary by the Secretary. State; and lowing appropriate, documented scientific (e) CONSIDERATIONS.—In preparing and pro- (8) contain such other provisions as the procedures, the results of which can be re- mulgating regulations, lease terms, condi- Secretary determines necessary to ensure peated using those same procedures. tions, restrictions, prohibitions, and stipula- compliance with this subtitle and the regula- (3) That exploration activities, except for tions under this section, the Secretary shall tions issued pursuant to this subtitle. surface geological studies— consider— SEC. 5007. COASTAL PLAIN ENVIRONMENTAL (A) be limited to the period between ap- (1) the stipulations and conditions that PROTECTION. proximately November 1 and May 1 each govern the National Petroleum Reserve- (a) NO SIGNIFICANT ADVERSE EFFECT year; and Alaska leasing program, as set forth in the STANDARD TO GOVERN AUTHORIZED COASTAL (B) be supported, if necessary, by ice roads, 1999 Northeast National Petroleum Reserve- PLAIN ACTIVITIES.—The Secretary shall, con- winter trails with adequate snow cover, ice Alaska Final Integrated Activity Plan/Envi- sistent with the requirements of section 5003, pads, ice airstrips, and air transport meth- ronmental Impact Statement;

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(2) the environmental protection standards (c) LIMITATION ON ATTORNEYS’ FEES AND (2) Indian tribes should have the oppor- that governed the initial Coastal Plain seis- COURT COSTS.— tunity to gain the benefits of the jobs, in- mic exploration program under parts 37.31 to (1) IN GENERAL.—Sections 504 of title 5 and vestment, and economic development to be 37.33 of title 50, Code of Federal Regulations; 2412 of title 28, United States Code (com- gained from energy development. and monly known as the ‘‘Equal Access to Jus- SEC. 5022. APPRAISALS. (3) the land use stipulations for explor- tice Act’’), shall not apply to any action (a) AMENDMENT.—Title XXVI of the Energy atory drilling on the KIC–ASRC private land under this subtitle. Policy Act of 1992 (25 U.S.C. 3501 et seq.) is that are set forth in appendix 2 of the August (2) COURT COSTS.—A party to any action amended by adding at the end the following: 9, 1983, agreement between Arctic Slope Re- under this subtitle shall not receive payment ‘‘SEC. 2607. APPRAISAL REFORMS. gional Corporation and the United States. from the Federal Government for the attor- ‘‘(a) OPTIONS TO INDIAN TRIBES.—With re- (f) FACILITY CONSOLIDATION PLANNING.— neys’ fees, expenses, or other court costs in- spect to a transaction involving Indian land (1) IN GENERAL.—The Secretary shall, after curred by the party. or the trust assets of an Indian tribe that re- providing for public notice and comment, SEC. 5009. TREATMENT OF REVENUES. quires the approval of the Secretary, any ap- prepare and update periodically a plan to Notwithstanding any other provision of praisal or other estimates of value relating govern, guide, and direct the siting and con- law, 90 percent of the amount of bonus, rent- to fair market value required to be con- struction of facilities for the exploration, de- al, and royalty revenues from Federal oil and ducted under applicable law, regulation, or velopment, production, and transportation of gas leasing and operations authorized under policy may be completed by— Coastal Plain oil and gas resources. this subtitle shall be deposited in the Treas- ‘‘(1) the Secretary; (2) OBJECTIVES.—The plan shall have the ury. following objectives: ‘‘(2) the affected Indian tribe; or SEC. 5010. RIGHTS-OF-WAY ACROSS THE COASTAL ‘‘(3) a certified, third-party appraiser pur- (A) Avoiding unnecessary duplication of fa- PLAIN. cilities and activities. suant to a contract with the Indian tribe. (a) IN GENERAL.—The Secretary shall issue ‘‘(b) TIME LIMIT ON SECRETARIAL REVIEW (B) Encouraging consolidation of common rights-of-way and easements across the AND ACTION.—Not later than 30 days after the facilities and activities. Coastal Plain for the transportation of oil (C) Locating or confining facilities and ac- date on which the Secretary receives an ap- and gas produced under leases under this praisal conducted by or for an Indian tribe tivities to areas that will minimize impact subtitle— on fish and wildlife, the habitat of fish and pursuant to paragraphs (2) or (3) of sub- (1) except as provided in paragraph (2), section (a), the Secretary shall— wildlife, and the environment. under section 28 of the Mineral Leasing Act (D) Using existing facilities wherever prac- ‘‘(1) review the appraisal; and (30 U.S.C. 185), without regard to title XI of ‘‘(2) provide to the Indian tribe a written ticable. the Alaska National Interest Lands Con- (E) Enhancing compatibility between wild- notice of approval or disapproval of the ap- servation Act (16 U.S.C. 3161 et seq.); and praisal. life values and development activities. (2) under title XI of the Alaska National (g) ACCESS TO PUBLIC LAND.—The Sec- ‘‘(c) FAILURE OF SECRETARY TO APPROVE OR retary shall— Interest Lands Conservation Act (30 U.S.C. DISAPPROVE.—If the Secretary has failed to (1) manage public land in the Coastal Plain 3161 et seq.), for access authorized by sec- approve or disapprove any appraisal by the subject to section 811 of the Alaska National tions 1110 and 1111 of that Act (16 U.S.C. 3170, date that is 60 days after the date on which Interest Lands Conservation Act (16 U.S.C. 3171). the appraisal is received, the appraisal shall (b) TERMS AND CONDITIONS.—The Secretary 3121); and be deemed approved. shall include in any right-of-way or ease- (2) ensure that local residents shall have ‘‘(d) OPTION OF INDIAN TRIBES TO WAIVE AP- ment issued under subsection (a) such terms reasonable access to public land in the PRAISAL.—An Indian tribe may waive the re- and conditions as may be necessary to en- Coastal Plain for traditional uses. quirements of subsection (a) if the Indian sure that transportation of oil and gas does tribe provides to the Secretary a written res- SEC. 5008. EXPEDITED JUDICIAL REVIEW. not result in a significant adverse effect on olution, statement, or other unambiguous (a) FILING OF COMPLAINT.— the fish and wildlife, the habitat of fish and indication of tribal intent to waive the re- (1) DEADLINE.—Subject to paragraph (2), wildlife, subsistence resources, or the envi- any complaint seeking judicial review of— quirements that— ronment of the Coastal Plain, including re- ‘‘(1) is duly approved by the governing (A) any provision of this subtitle shall be quirements that facilities be sited or de- filed by not later than 1 year after the date body of the Indian tribe; and signed so as to avoid unnecessary duplica- ‘‘(2) includes an express waiver by the In- of enactment of this Act; or tion of roads and pipelines. (B) any action of the Secretary under this dian tribe of any claims for damages the In- (c) REGULATIONS.—The Secretary shall in- dian tribe might have against the United subtitle shall be filed— clude in regulations promulgated under sec- (i) except as provided in clause (ii), during States as a result of the waiver. tion 5003(g) provisions granting rights-of-way ‘‘(e) REGULATIONS.—The Secretary shall the 90-day period beginning on the date on and easements described in subsection (a). promulgate regulations to implement this which the action is challenged; or SEC. 5011. CONVEYANCE. section, including standards the Secretary (ii) in the case of a complaint based solely In order to maximize Federal revenues by shall use for approving or disapproving an on grounds arising after the period described removing clouds on titles to land and clari- appraisal under subsection (b).’’. in clause (i), not later than 90 days after the fying land ownership patterns on the Coastal (b) CONFORMING AMENDMENT.—The table of date on which the complainant knew or rea- Plain, and notwithstanding section 1302(h)(2) contents of the Energy Policy Act of 1992 (42 sonably should have known of the grounds of the Alaska National Interest Lands Con- U.S.C. 13201 note) is amended by adding at for the complaint. servation Act (16 U.S.C. 3192(h)(2)), the Sec- the end of the items relating to title XXVI (2) VENUE.—Any complaint seeking judicial retary shall convey— the following: review of any provision of this subtitle or (1) to the Kaktovik Inupiat Corporation, ‘‘Sec. 2607. Appraisal reforms.’’. any action of the Secretary under this sub- the surface estate of the land described in title may be filed only in the United States SEC. 5023. STANDARDIZATION. paragraph 1 of Public Land Order 6959, to the As soon as practicable after the date of en- Court of Appeals for the District of Colum- extent necessary to fulfill the entitlement of bia. actment of this Act, the Secretary of the In- the Kaktovik Inupiat Corporation under sec- terior shall implement procedures to ensure (3) LIMITATION ON SCOPE OF CERTAIN RE- tions 12 and 14 of the Alaska Native Claims VIEW.— that each agency within the Department of Settlement Act (43 U.S.C. 1611, 1613) in ac- the Interior that is involved in the review, (A) IN GENERAL.—Judicial review of a deci- cordance with the terms and conditions of sion by the Secretary to conduct a lease sale approval, and oversight of oil and gas activi- the Agreement between the Department of ties on Indian land shall use a uniform sys- under this subtitle, including an environ- the Interior, the United States Fish and mental analysis, shall be— tem of reference numbers and tracking sys- Wildlife Service, the Bureau of Land Man- tems for oil and gas wells. (i) limited to whether the Secretary has agement, and the Kaktovik Inupiat Corpora- complied with this subtitle; and SEC. 5024. ENVIRONMENTAL REVIEWS OF MAJOR tion dated January 22, 1993; and FEDERAL ACTIONS ON INDIAN LAND. (ii) based on the administrative record of (2) to the Arctic Slope Regional Corpora- that decision. Section 102 of the National Environmental tion the remaining subsurface estate to Policy Act of 1969 (42 U.S.C. 4332) is amend- (B) PRESUMPTION.—The identification by which the Arctic Slope Regional Corporation the Secretary of a preferred course of action ed— is entitled pursuant to the August 9, 1983, (1) in the matter preceding paragraph (1) to enable leasing to proceed and the analysis agreement between the Arctic Slope Re- by the Secretary of environmental effects by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘The gional Corporation and the United States of Congress authorizes’’; and under this subtitle is presumed to be correct America. unless shown otherwise by clear and con- (2) by adding at the end the following: vincing evidence. Subtitle B—Native American Energy ‘‘(b) REVIEW OF MAJOR FEDERAL ACTIONS ON (b) LIMITATION ON OTHER REVIEW.—Actions SEC. 5021. FINDINGS. INDIAN LAND.— of the Secretary with respect to which re- Congress finds that— ‘‘(1) DEFINITIONS OF INDIAN LAND AND INDIAN view could have been obtained under this (1) the Federal Government has unreason- TRIBE.—In this subsection, the terms ‘Indian section shall not be subject to judicial re- ably interfered with the efforts of Indian land’ and ‘Indian tribe’ have the meaning view in any civil or criminal proceeding for tribes to develop energy resources on tribal given those terms in section 2601 of the En- enforcement. land; and ergy Policy Act of 1992 (25 U.S.C. 3501).

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‘‘(2) IN GENERAL.—For any major Federal (2) shall be resolved as expeditiously as Subtitle C—Additional Regulatory Provisions action on Indian land of an Indian tribe re- possible, and in any event not more than 180 PART I—STATE AUTHORITY OVER quiring the preparation of a statement under days after the energy related action is filed. HYDRAULIC FRACTURING subsection (a)(2)(C), the statement shall only (d) APPELLATE REVIEW.—An interlocutory SEC. 5031. FINDING. be available for review and comment by— order or final judgment, decree or order of Congress finds that given variations in ge- ‘‘(A) the members of the Indian tribe; and the district court in an energy related ac- ology, land use, and population, the States ‘‘(B) any other individual residing within tion— are best placed to regulate the process of hy- the affected area. (1) may be appealed to the United States draulic fracturing occurring on any land ‘‘(3) REGULATIONS.—The Chairman of the Court of Appeals for the District of Columbia within the boundaries of the individual Council on Environmental Quality, in con- Circuit; and State. sultation with Indian tribes, shall develop (2) if the court described in paragraph (1) regulations to implement this section, in- undertakes the review, the court shall re- SEC. 5032. STATE AUTHORITY. cluding descriptions of affected areas for spe- solve the review as expeditiously as possible, (a) DEFINITION OF FEDERAL LAND.—In this cific major Federal actions.’’. and in any event by not later than 180 days section, the term ‘‘Federal land’’ means— after the interlocutory order or final judg- (1) public lands (as defined in section 103 of SEC. 5025. JUDICIAL REVIEW. ment, decree or order of the district court the Federal Land Policy and Management (a) DEFINITIONS.—In this section: was issued. Act of 1976 (43 U.S.C. 1702)); (1) AGENCY ACTION.—The term ‘‘agency ac- (e) LIMITATION ON CERTAIN PAYMENTS.— (2) National Forest System land; tion’’ has the meaning given the term in sec- Notwithstanding section 1304 of title 31, (3) land under the jurisdiction of the Bu- tion 551 of title 5, United States Code. United States Code, no award may be made reau of Reclamation; and (2) ENERGY RELATED ACTION.—The term under section 504 of title 5, United States (4) land under the jurisdiction of the Corps ‘‘energy-related action’’ means a civil action Code, or under section 2412 of title 28, United of Engineers. that— States Code, and no amounts may be obli- (b) STATE AUTHORITY.— (A) is filed on or after the date of enact- gated or expended from the Claims and Judg- (1) IN GENERAL.—Notwithstanding any ment of this Act; and ment Fund of the United States Treasury to other provision of law, a State shall have the (B) seeks judicial review of a final agency pay any fees or other expenses under such sole authority to promulgate or enforce any action relating to the issuance of a permit, sections, to any person or party in an energy regulation, guidance, or permit requirement license, or other form of agency permission related action. regarding the treatment of a well by the ap- allowing— (f) LIMITATION ON ATTORNEYS’ FEES AND plication of fluids under pressure to which (i) any person or entity to conduct on In- COURT COSTS.— propping agents may be added for the ex- dian Land activities involving the explo- (1) IN GENERAL.—Sections 504 of title 5 and pressly designed purpose of initiating or ration, development, production, or trans- 2412 of title 28, United States Code (com- propagating fractures in a target geologic portation of oil, gas, coal, shale gas, oil monly known as the ‘‘Equal Access to Jus- formation in order to enhance production of shale, geothermal resources, wind or solar tice Act’’), shall not apply to an energy re- oil, natural gas, or geothermal production resources, underground coal gasification, lated action. activities on or under any land within the biomass, or the generation of electricity; or (2) COURT COSTS.—A party to a covered boundaries of the State. (ii) any Indian Tribe, or any organization civil action shall not receive payment from (2) FEDERAL LAND.—Notwithstanding any of 2 or more entities, not less than 1 of which the Federal Government for the attorneys’ other provision of law, the treatment of a is an Indian tribe, to conduct activities in- fees, expenses, or other court costs incurred well by the application of fluids under pres- volving the exploration, development, pro- by the party. sure to which propping agents may be added for the expressly designed purpose of initi- duction, or transportation of oil, gas, coal, SEC. 5026. TRIBAL RESOURCE MANAGEMENT shale gas, oil shale, geothermal resources, PLANS. ating or propagating fractures in a target wind or solar resources, underground coal Unless otherwise explicitly exempted by geologic formation in order to enhance pro- gasification, biomass, or the generation of Federal law enacted after the date of enact- duction of oil, natural gas, or geothermal electricity, regardless of where such activi- ment of this Act, any activity conducted or production activities on Federal land shall ties are undertaken. resources harvested or produced pursuant to be subject to the law of the State in which (3) INDIAN LAND.— a tribal resource management plan or an in- the land is located. (A) IN GENERAL.—The term ‘‘Indian land’’ tegrated resource management plan ap- PART II—MISCELLANEOUS PROVISIONS has the meaning given the term in section proved by the Secretary of the Interior under SEC. 5041. ENVIRONMENTAL LEGAL FEES. 2601 of the Energy Policy Act of 1992 (25 the National Indian Forest Resources Man- Section 504 of title 5, United States Code, U.S.C. 3501). agement Act (25 U.S.C. 3101 et seq.) or the is amended by adding at the end the fol- (B) INCLUSION.—The term ‘‘Indian land’’ in- American Indian Agricultural Resource Man- lowing: cludes land owned by a Native Corporation agement Act (25 U.S.C. 3701 et seq.), shall be ‘‘(g) ENVIRONMENTAL LEGAL FEES.—Not- (as that term is defined in section 3 of the considered a sustainable management prac- withstanding section 1304 of title 31, no Alaska Native Claims Settlement Act (43 tice for purposes of any Federal standard, award may be made under this section and U.S.C. 1602)) under that Act (43 U.S.C. 1601 et benefit, or requirement that requires a dem- no amounts may be obligated or expended seq.). onstration of such sustainability. from the Claims and Judgment Fund of the (4) ULTIMATELY PREVAIL.— SEC. 5027. LEASES OF RESTRICTED LANDS FOR Treasury to pay any legal fees of a non- (A) IN GENERAL.—The term ‘‘ultimately THE NAVAJO NATION. governmental organization related to an ac- prevail’’ means, in a final enforceable judg- Subsection (e)(1) of the first section of the tion that (with respect to the United ment that the court rules in the party’s Act of August 9, 1955 (25 U.S.C. 415) (com- States)— favor on at least 1 civil claim that is an un- monly known as the ‘‘Long-Term Leasing ‘‘(1) prevents, terminates, or reduces access derlying rationale for the preliminary in- Act’’), is amended— to or the production of— junction, administrative stay, or other relief (1) by striking ‘‘, except a lease for’’ and ‘‘(A) energy; requested by the party. inserting ‘‘, including leases for’’; ‘‘(B) a mineral resource; (B) EXCLUSION.—The term ‘‘ultimately pre- (2) in subparagraph (A), by striking ‘‘25 ‘‘(C) water by agricultural producers; vail’’ does not include circumstances in years, except’’ and all that follows through ‘‘(D) a resource by commercial or rec- which the final agency action is modified or ‘‘; and’’ and inserting ‘‘99 years;’’; reational fishermen; or amended by the issuing agency unless the (3) in subparagraph (B), by striking the pe- ‘‘(E) grazing or timber production on Fed- modification or amendment is required pur- riod and inserting ‘‘; and’’; and eral land; suant to a final enforceable judgment of the (4) by adding at the end the following: ‘‘(2) diminishes the private property value court or a court-ordered consent decree. ‘‘(C) in the case of a lease for the explo- of a property owner; or (b) TIME FOR FILING COMPLAINT.— ration, development, or extraction of min- ‘‘(3) eliminates or prevents 1 or more (1) IN GENERAL.—Any energy related action eral resources, including geothermal re- jobs.’’. shall be filed not later than the end of the 60- sources, 25 years, except that the lease may SEC. 5042. MASTER LEASING PLANS. day period beginning on the date of the ac- include an option to renew for 1 additional (a) IN GENERAL.—Notwithstanding any tion or decision by a Federal official that term not to exceed 25 years.’’. other provision of law, the Secretary of the constitutes the covered energy project con- SEC. 5028. NONAPPLICABILITY OF CERTAIN Interior, acting through the Bureau of Land cerned. RULES. Management, shall not establish a master (2) PROHIBITION.—Any energy related ac- No rule promulgated by the Secretary of leasing plan as part of any guidance issued tion that is not filed within the time period the Interior regarding hydraulic fracturing by the Secretary. described in paragraph (1) shall be barred. used in the development or production of oil (b) EXISTING MASTER LEASING PLANS.—In- (c) DISTRICT COURT VENUE AND DEADLINE.— or gas resources shall affect any land held in struction Memorandum No. 2010–117 and any An energy related action— trust or restricted status for the benefit of other master leasing plan described in sub- (1) may only be brought in the United Indians except with the express consent of section (a) issued on or before the date of en- States District Court for the District of Co- the beneficiary on behalf of which the land is actment of this Act shall have no force or ef- lumbia; and held in trust or restricted status. fect.

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TITLE VI—IMPROVING AMERICA’S (c) REFINERY PERMITTING AGREEMENTS.— (3) any requirement or ordinance of a local DOMESTIC REFINING CAPACITY Under a refinery permitting agreement, a government (such as a zoning regulation). Subtitle A—Refinery Permitting Reform State or governing body of an Indian tribe Subtitle B—Repeal of Renewable Fuel SEC. 6001. FINDING. shall agree that— Standard Congress finds that the domestic refining (1) the Administrator shall have each of SEC. 6011. FINDINGS. industry is an important source of jobs and the authorities described in subsection (b); Congress finds that the mandates under economic growth and whose growth should and the renewable fuel standard contained in sec- not be limited by an excessively drawn out (2) the State or tribal government agency tion 211(o) of the Clean Air Act (42 U.S.C. permitting and approval process. shall— 7545(o))— SEC. 6002. DEFINITIONS. (A) in accordance with State law, make (1) impose significant costs on American In this subtitle: such structural and operational changes in citizens and the American economy, without (1) ADMINISTRATOR.—The term ‘‘Adminis- the agencies as are necessary to enable the offering any benefit; and trator’’ means the Administrator of the En- agencies to carry out consolidated, project- (2) should be repealed. vironmental Protection Agency. wide permit reviews concurrently and in co- SEC. 6012. PHASE OUT OF RENEWABLE FUEL (2) EXPANSION.—The term ‘‘expansion’’ ordination with the Environmental Protec- STANDARD. means a physical change that results in an tion Agency and other Federal agencies; and (a) IN GENERAL.—Section 211(o) of the increase in the capacity of a refinery. (B) comply, to the maximum extent prac- Clean Air Act (42 U.S.C. 7545(o)) is amended— (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ ticable, with the applicable schedule estab- (1) in paragraph (2)— has the meaning given the term in section 4 lished under subsection (b)(2). (A) in subparagraph (A)— of the Indian Self-Determination and Edu- (d) DEADLINES.— (i) by striking clause (ii); and cation Assistance Act (25 U.S.C. 450b). (1) NEW REFINERIES.—In the case of a con- (ii) by redesignating clauses (iii) and (iv) as (4) PERMIT.—The term ‘‘permit’’ means any solidated permit for the construction of a clauses (ii) and (iii), respectively; and permit, license, approval, variance, or other new refinery, the Administrator and the (B) in subparagraph (B), by striking form of authorization that a refiner is re- State or governing body of an Indian tribe clauses (ii) through (v) and inserting the fol- quired to obtain— shall approve or disapprove the consolidated lowing: (A) under any Federal law; or permit not later than— ‘‘(ii) CALENDAR YEARS 2014 THROUGH 2018.— (B) from a State or tribal government (A) 365 days after the date of receipt of an Notwithstanding clause (i), for purposes of agency delegated authority by the Federal administratively complete application for subparagraph (A), the applicable volumes of Government, or authorized under Federal the consolidated permit; or renewable fuel for each of calendar years 2014 law, to issue permits. (B) on agreement of the applicant, the Ad- through 2018 shall be determined as follows: (5) REFINER.—The term ‘‘refiner’’ means a ministrator, and the State or governing body ‘‘(I) For calendar year 2014, in accordance person that— of the Indian tribe, 90 days after the expira- with the table entitled ‘I-2—Proposed 2014 (A) owns or operates a refinery; or tion of the deadline described in subpara- Volume Requirements’ of the proposed rule (B) seeks to become an owner or operator graph (A). published at pages 71732 through 71784 of vol- of a refinery. (2) EXPANSION OF EXISTING REFINERIES.—In ume 78 of the Federal Register (November 29, (6) REFINERY.— the case of a consolidated permit for the ex- 2013). (A) IN GENERAL.—The term ‘‘refinery’’ pansion of an existing refinery, the Adminis- ‘‘(II) For calendar year 2015, the applicable means— trator and the State or governing body of an volumes established under subclause (I), re- (i) a facility at which crude oil is refined Indian tribe shall approve or disapprove the duced by 20 percent. into transportation fuel or other petroleum consolidated permit not later than— ‘‘(III) For calendar year 2016, the applicable products; and (A) 120 days after the date of receipt of an volumes established under subclause (I), re- (ii) a coal liquification or coal-to-liquid fa- administratively complete application for duced by 40 percent. cility at which coal is processed into syn- the consolidated permit; or ‘‘(IV) For calendar year 2017, the applicable thetic crude oil or any other fuel. (B) on agreement of the applicant, the Ad- volumes established under subclause (I), re- (B) INCLUSION.—The term ‘‘refinery’’ in- ministrator, and the State or governing body duced by 60 percent. cludes an expansion of a refinery. of the Indian tribe, 30 days after the expira- ‘‘(V) For calendar year 2018, the applicable (7) REFINERY PERMITTING AGREEMENT.—The tion of the deadline described in subpara- volumes established under subclause (I), re- term ‘‘refinery permitting agreement’’ graph (A). duced by 80 percent.’’; means an agreement entered into between (e) FEDERAL AGENCIES.—Each Federal (2) in paragraph (3)— the Administrator and a State or Indian agency that is required to make any deter- (A) by striking ‘‘2021’’ and inserting ‘‘2017’’ tribe under subsection (c). mination to authorize the issuance of a per- each place it appears; and (8) STATE.—The term ‘‘State’’ means— mit shall comply with the applicable sched- (B) in subparagraph (B)(i), by inserting ‘‘, (A) a State; and ule established under subsection (b)(2). subject to the condition that the renewable (B) the District of Columbia. (f) JUDICIAL REVIEW.—Any civil action for fuel obligation determined for a calendar SEC. 6003. STREAMLINING OF REFINERY PERMIT- review of a permit determination under a re- year is not more than the applicable volumes TING PROCESS. finery permitting agreement shall be established under paragraph (2)(B)(ii)’’ before (a) IN GENERAL.—At the request of the brought exclusively in the United States dis- the period; and Governor of a State or the governing body of trict court for the district in which the refin- (3) by adding at the end the following: an Indian tribe, the Administrator shall ery is located or proposed to be located. ‘‘(13) SUNSET.—The program established enter into a refinery permitting agreement (g) EFFICIENT PERMIT REVIEW.—In order to under this subsection shall terminate on De- with the State or Indian tribe under which reduce the duplication of procedures, the Ad- cember 31, 2018.’’. the process for obtaining all permits nec- ministrator shall use State permitting and (b) REGULATIONS.—Effective beginning on essary for the construction and operation of monitoring procedures to satisfy substan- January 1, 2019, the regulations contained in a refinery shall be streamlined using a sys- tially equivalent Federal requirements under subparts K and M of part 80 of title 40, Code tematic, interdisciplinary multimedia ap- this subtitle. of Federal Regulations (as in effect on that proach, as provided in this section. (h) SEVERABILITY.—If 1 or more permits date of enactment), shall have no force or ef- (b) AUTHORITY OF ADMINISTRATOR.—Under a that are required for the construction or op- fect. refinery permitting agreement, the Adminis- eration of a refinery are not approved on or TITLE VII—STOPPING EPA OVERREACH trator shall have the authority, as applicable before an applicable deadline under sub- SEC. 7001. FINDINGS. and necessary— section (d), the Administrator may issue a Congress finds that— (1) to accept from a refiner a consolidated consolidated permit that combines all other (1) the Environmental Protection Agency application for all permits that the refiner is permits that the refiner is required to ob- has exceeded its statutory authority by pro- required to obtain to construct and operate a tain, other than any permits that are not ap- mulgating regulations that were not con- refinery; proved. templated by Congress in the authorizing (2) in consultation and cooperation with (i) CONSULTATION WITH LOCAL GOVERN- language of the statutes enacted by Con- each Federal, State, or tribal government MENTS.—The Administrator, States, and trib- gress; agency that is required to make any deter- al governments shall consult, to the max- (2) no Federal agency has the authority to mination to authorize the issuance of a per- imum extent practicable, with local govern- regulate greenhouse gases under current law; mit, to establish a schedule under which ments in carrying out this section. and each agency shall— (j) EFFECT OF SECTION.—Nothing in this (3) no attempt to regulate greenhouse (A) concurrently consider, to the max- section affects— gases should be undertaken without further imum extent practicable, each determina- (1) the operation or implementation of any Congressional action. tion to be made; and otherwise applicable law regarding permits SEC. 7002. CLARIFICATION OF FEDERAL REGU- (B) complete each step in the permitting necessary for the construction and operation LATORY AUTHORITY TO EXCLUDE process; and of a refinery; GREENHOUSE GASES FROM REGU- (3) to issue a consolidated permit that (2) the authority of any unit of local gov- LATION UNDER THE CLEAN AIR ACT. combines all permits issued under the sched- ernment with respect to the issuance of per- (a) REPEAL OF FEDERAL CLIMATE CHANGE ule established under paragraph (2). mits; or REGULATION.—

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(1) GREENHOUSE GAS REGULATION UNDER (2) shall not be withdrawn for any purpose TITLE III—INCREASING EMPLOYMENT CLEAN AIR ACT.—Section 302(g) of the Clean other than to pay down the national debt of AND DECREASING GOVERNMENT REG- Air Act (42 U.S.C. 7602(g)) is amended— the United States, for which purpose pay- ULATION (A) by striking ‘‘(g) The term’’ and insert- ments shall be made expeditiously. Subtitle A—Small Business Tax Provisions ing the following: Sec. 301. Permanent extension of increased ‘‘(g) AIR POLLUTANT.— SA 2973. Mr. THUNE (for himself and ‘‘(1) IN GENERAL.—The term’’; and expensing limitations and Mr. INHOFE) submitted an amendment treatment of certain real prop- (B) by adding at the end the following: intended to be proposed by him to the ‘‘(2) EXCLUSION.—The term ‘air pollutant’ erty as section 179 property. does not include carbon dioxide, water vapor, bill S. 2223, to provide for an increase Sec. 302. Permanent full exclusion applica- methane, nitrous oxide, hydrofluorocarbons, in the Federal minimum wage and to ble to qualified small business perfluorocarbons, or sulfur hexafluoride.’’. amend the Internal Revenue Code of stock. (2) NO REGULATION OF CLIMATE CHANGE.— 1986 to extend increased expensing lim- Sec. 303. Permanent increase in deduction Notwithstanding any other provision of law, itations and the treatment of certain for start-up expenditures. nothing in any of the following Acts or any Sec. 304. Permanent extension of reduction real property as section 179 property; in S-corporation recognition other law authorizes or requires the regula- which was ordered to lie on the table; tion of climate change or global warming: period for built-in gains tax. (A) The Clean Air Act (42 U.S.C. 7401 et as follows: Sec. 305. Permanent allowance of deduction seq.). Strike all after the enacting clause and in- for health insurance costs in (B) The Federal Water Pollution Control sert the following: computing self-employment Act (33 U.S.C. 1251 et seq.). SECTION 1. SHORT TITLE; TABLE OF CONTENTS. taxes. Sec. 306. Clarification of inventory and ac- (C) The National Environmental Policy (a) SHORT TITLE.—This Act may be cited as Act of 1969 (42 U.S.C. 4321 et seq.). the ‘‘Good Jobs, Good Wages, and Good counting rules for small busi- (D) The Endangered Species Act of 1973 (16 Hours Act″’’. ness. U.S.C. 1531 et seq.). (b) TABLE OF CONTENTS.—The table of con- Subtitle B—Regulatory Accountability Act (E) The Solid Waste Disposal Act (42 U.S.C. tents of this Act is as follows: Sec. 311. Short title. 6901 et seq.). Sec. 1. Short title; table of contents. Sec. 312. Definitions. (b) EFFECT ON PROPOSED RULES OF THE TITLE I—ENERGY Sec. 313. Rule making. EPA.—In accordance with this section, the Sec. 314. Agency guidance; procedures to following proposed or contemplated rules (or Subtitle A—Keystone XL and Natural Gas issue major guidance; presi- any similar or successor rules) of the Envi- Exportation dential authority to issue ronmental Protection Agency shall be void Sec. 111. Keystone XL permit approval. guidelines for issuance of guid- and have no force or effect: Sec. 112. Expedited approval of exportation ance. (1) The proposed rule entitled ‘‘Standards of natural gas to Ukraine and Sec. 315. Hearings; presiding employees; of Performance for Greenhouse Gas Emis- North Atlantic Treaty Organi- powers and duties; burden of sions From New Stationary Sources: Electric zation member countries and proof; evidence; record as basis Utility Generating Units’’ (published at 79 Japan. of decision. Fed. Reg. 1430 (January 8, 2014)). Sec. 316. Actions reviewable. (2) The contemplated rules on carbon pol- Subtitle B—Saving Coal Jobs Sec. 317. Scope of review. lution for existing power plants. Sec. 120. Short title. Sec. 318. Added definition. (3) Any other contemplated or proposed PART I—PROHIBITION ON ENERGY TAX Sec. 319. Effective date. rules proposed to be issued pursuant to the Sec. 121. Prohibition on energy tax. purported authority described in subsection TITLE IV—SUPPORTING KNOWLEDGE (a)(2). PART II—PERMITS AND INVESTING IN LIFELONG SKILLS SEC. 7003. JOBS ANALYSIS FOR ALL EPA REGULA- Sec. 131. National pollutant discharge elimi- Sec. 401. Short title. TIONS. nation system. Sec. 402. References. (a) IN GENERAL.—Before proposing or final- Sec. 132. Permits for dredged or fill mate- Sec. 403. Application to fiscal years. izing any regulation, rule, or policy, the Ad- rial. Subtitle A—Amendments to the Workforce ministrator of the Environmental Protection Sec. 133. Impacts of Environmental Protec- Investment Act of 1998 Agency shall provide an analysis of the regu- tion Agency regulatory activity CHAPTER 1—WORKFORCE INVESTMENT lation, rule, or policy and describe the direct on employment and economic DEFINITIONS and indirect net and gross impact of the reg- activity. ulation, rule, or policy on employment in the Sec. 134. Identification of waters protected Sec. 406. Definitions. United States. by the Clean Water Act. CHAPTER 2—STATEWIDE AND LOCAL (b) LIMITATION.—No regulation, rule, or Sec. 135. Limitations on authority to modify WORKFORCE INVESTMENT SYSTEMS policy described in subsection (a) shall take State water quality standards. effect if the regulation, rule, or policy has a Sec. 411. Purpose. Sec. 136. State authority to identify waters negative impact on employment in the Sec. 412. State workforce investment boards. within boundaries of the State. United States unless the regulation, rule, or Sec. 413. State plan. policy is approved by Congress and signed by Subtitle C—Point of Order Against Taxes on Sec. 414. Local workforce investment areas. the President. Carbon Sec. 415. Local workforce investment boards. TITLE VIII—DEBT FREEDOM FUND Sec. 141. Point of order against legislation Sec. 416. Local plan. SEC. 8001. FINDINGS. that would create a tax or fee on carbon emissions. Sec. 417. Establishment of one-stop delivery Congress finds that— system. (1) the national debt being over Subtitle D—Employment Analysis Sec. 418. Identification of eligible providers $17,000,000,000,000 in 2014— Requirements Under the Clean Air Act of training services. (A) threatens the current and future pros- Sec. 151. Analysis of employment effects Sec. 419. General authorization. perity of the United States; under the Clean Air Act. Sec. 420. State allotments. (B) undermines the national security inter- TITLE II—HEALTH Sec. 421. Within State allocations. ests of the United States; and Sec. 422. Use of funds for employment and (C) imposes a burden on future generations Sec. 201. Forty hours is full time. Sec. 202. Repeal of the individual mandate. training activities. of United States citizens; and Sec. 423. Performance accountability sys- Sec. 203. Repeal of medical device excise tax. (2) revenue generated from the develop- tem. Sec. 204. Long-term unemployed individuals ment of the natural resources in the United Sec. 424. Authorization of appropriations. States should be used to reduce the national not taken into account for em- debt. ployer health care coverage CHAPTER 3—JOB CORPS SEC. 8002. DEBT FREEDOM FUND. mandate. Sec. 426. Job Corps purposes. Notwithstanding any other provision of Sec. 205. Employees with health coverage Sec. 427. Job Corps definitions. law, in accordance with all revenue sharing under TRICARE or the Vet- Sec. 428. Individuals eligible for the Job arrangement with States in effect on the erans Administration may be Corps. date of enactment of this Act, an amount exempted from employer man- Sec. 429. Recruitment, screening, selection, equal to the additional amount of Federal date under Patient Protection and assignment of enrollees. funds generated by the programs and activi- and Affordable Care Act. Sec. 430. Job Corps centers. ties under this Act (and the amendments Sec. 206. Prohibition on certain taxes, fees, Sec. 431. Program activities. made by this Act)— and penalties enacted under the Sec. 432. Counseling and job placement. (1) shall be deposited in a special trust fund Affordable Care Act. Sec. 433. Support. account in the Treasury, to be known as the Sec. 207. Repeal of the Patient Protection Sec. 434. Operations. ‘‘Debt Freedom Fund’’; and and Affordable Care Act. Sec. 435. Community participation.

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Sec. 436. Workforce councils. (b) PRESIDENTIAL PERMIT NOT REQUIRED.— (B) the issuance of that memorandum cir- Sec. 437. Technical assistance. Notwithstanding Executive Order No. 13337 (3 cumvents Congress and the will of the people Sec. 438. Special provisions. U.S.C. 301 note), Executive Order No. 11423 (3 of the United States; Sec. 439. Performance accountability man- U.S.C. 301 note), section 301 of title 3, United (C) any action to control emissions of agement. States Code, and any other Executive order greenhouse gases from existing coal fired CHAPTER 4—NATIONAL PROGRAMS or provision of law, no presidential permit power plants in the United States by man- shall be required for the facilities described dating a national energy tax would devastate Sec. 441. Technical assistance. Sec. 442. Evaluations. in subsection (a). major sectors of the economy, cost thou- (c) ENVIRONMENTAL IMPACT STATEMENT.— sands of jobs, and increase energy costs for CHAPTER 5—ADMINISTRATION The final environmental impact statement low-income households, small businesses, Sec. 446. Requirements and restrictions. issued by the Secretary of State on August and seniors on fixed income; Sec. 447. Prompt allocation of funds. 26, 2011, the Final Evaluation Report issued (D) joblessness increases the likelihood of Sec. 448. Fiscal controls; sanctions. by the Nebraska Department of Environ- hospital visits, illnesses, and premature Sec. 449. Reports to Congress. mental Quality on January 3, 2013, and the deaths; Sec. 450. Administrative provisions. Draft Supplemental Environmental Impact (E) according to testimony on June 15, Sec. 451. State legislative authority. Statement issued on March 1, 2013, regarding 2011, before the Committee on Environment Sec. 452. General program requirements. the crude oil pipeline and appurtenant facili- and Public Works of the Senate by Dr. Har- Sec. 453. Federal agency staff and restric- ties associated with the facilities described vey Brenner of Johns Hopkins University, tions on political and lobbying in subsection (a), shall be considered to sat- ‘‘The unemployment rate is well established activities. isfy— as a risk factor for elevated illness and mor- CHAPTER 6—STATE UNIFIED PLAN (1) all requirements of the National Envi- tality rates in epidemiological studies per- Sec. 456. State unified plan. ronmental Policy Act of 1969 (42 U.S.C. 4321 formed since the early 1980s. In addition to et seq.); and influences on mental disorder, suicide and Subtitle B—Adult Education and Family (2) any other provision of law that requires alcohol abuse and alcoholism, unemploy- Literacy Education Federal agency consultation or review with ment is also an important risk factor in car- Sec. 461. Amendment. respect to the facilities described in sub- diovascular disease and overall decreases in Subtitle C—Amendments to the Wagner- section (a) and the related facilities in the life expectancy.’’; Peyser Act United States. (F) according to the National Center for Sec. 466. Amendments to the Wagner-Peyser (d) PERMITS.—Any Federal permit or au- Health Statistics, ‘‘children in poor families Act. thorization issued before the date of enact- were four times as likely to be in fair or poor ment of this Act for the facilities described health as children that were not poor’’; Subtitle D—Repeals and Conforming in subsection (a), and the related facilities in (G) any major decision that would cost the Amendments the United States shall remain in effect. economy of the United States millions of Sec. 471. Repeals. (e) FEDERAL JUDICIAL REVIEW.—The facili- dollars and lead to serious negative health Sec. 472. Amendments to other laws. ties described in subsection (a), and the re- effects for the people of the United States Sec. 473. Conforming amendment to table of lated facilities in the United States, that are should be debated and explicitly authorized contents. approved by this section, and any permit, by Congress, not approved by a Presidential Subtitle E—Amendments to the right-of-way, or other action taken to con- memorandum or regulations; and Rehabilitation Act of 1973 struct or complete the project pursuant to (H) any policy adopted by Congress should Federal law, shall only be subject to judicial Sec. 476. Findings. make United States energy as clean as prac- review on direct appeal to the United States Sec. 477. Rehabilitation Services Adminis- ticable, as quickly as practicable, without Court of Appeals for the District of Columbia tration. increasing the cost of energy for struggling Circuit. Sec. 478. Definitions. families, seniors, low-income households, Sec. 479. Carryover. SEC. 112. EXPEDITED APPROVAL OF EXPOR- and small businesses. Sec. 480. Traditionally underserved popu- TATION OF NATURAL GAS TO (2) PURPOSES.—The purposes of this section UKRAINE AND NORTH ATLANTIC are— lations. TREATY ORGANIZATION MEMBER Sec. 481. State plan. COUNTRIES AND JAPAN. (A) to ensure that— Sec. 482. Scope of services. (a) IN GENERAL.—In accordance with clause (i) a national energy tax is not imposed on Sec. 483. Standards and indicators. 3 of section 8 of article I of the Constitution the economy of the United States; and Sec. 484. Expenditure of certain amounts. of the United States (delegating to Congress (ii) struggling families, seniors, low-in- Sec. 485. Collaboration with industry. the power to regulate commerce with foreign come households, and small businesses do Sec. 486. Reservation for expanded transi- nations), Congress finds that exports of nat- not experience skyrocketing electricity bills tion services. ural gas produced in the United States to and joblessness; Sec. 487. Client assistance program. Ukraine, member countries of the North At- (B) to protect the people of the United Sec. 488. Research. lantic Treaty Organization, and Japan is— States, particularly families, seniors, and Sec. 489. Title III amendments. (1) necessary for the protection of the es- children, from the serious negative health ef- Sec. 490. Repeal of title VI. sential security interests of the United fects of joblessness; Sec. 491. Title VII general provisions. States; and (C) to allow sufficient time for Congress to Sec. 492. Authorizations of appropriations. (2) in the public interest pursuant to sec- develop and authorize an appropriate mecha- Sec. 493. Conforming amendments. tion 3 of the Natural Gas Act (15 U.S.C. 717b). nism to address the energy needs of the Subtitle F—Studies by the Comptroller (b) EXPEDITED APPROVAL.—Section 3(c) of United States and the potential challenges General the Natural Gas Act (15 U.S.C. 717b(c)) is posed by severe weather; and (D) to restore the legislative process and Sec. 496. Study by the Comptroller General amended by inserting ‘‘, to Ukraine, to a congressional authority over the energy pol- on exhausting Federal Pell member country of the North Atlantic Trea- icy of the United States. Grants before accessing WIA ty Organization, or to Japan’’ after ‘‘trade in (b) PRESIDENTIAL MEMORANDUM.—Notwith- funds. natural gas’’. (c) EFFECTIVE DATE.—The amendment standing any other provision of law, the head Sec. 497. Study by the Comptroller General of a Federal agency shall not promulgate on administrative cost savings. made by subsection (b) shall apply to appli- cations for the authorization to export nat- any regulation relating to power sector car- Subtitle G—Entrepreneurial Training ural gas under section 3 of the Natural Gas bon pollution standards or any substantially Sec. 499. Entrepreneurial training. Act (15 U.S.C. 717b) that are pending on, or similar regulation on or after June 25, 2013, unless that regulation is explicitly author- TITLE I—ENERGY filed on or after, the date of the enactment ized by an Act of Congress. Subtitle A—Keystone XL and Natural Gas of this Act. PART II—PERMITS Exportation Subtitle B—Saving Coal Jobs SEC. 120. SHORT TITLE. SEC. 131. NATIONAL POLLUTANT DISCHARGE SEC. 111. KEYSTONE XL PERMIT APPROVAL. ELIMINATION SYSTEM. This subtitle may be cited as the ‘‘Saving (a) IN GENERAL.—In accordance with clause (a) APPLICABILITY OF GUIDANCE.—Section Coal Jobs Act of 2014’’. 3 of section 8 of article I of the Constitution 402 of the Federal Water Pollution Control (delegating to Congress the power to regu- PART I—PROHIBITION ON ENERGY TAX Act (33 U.S.C. 1342) is amended by adding at late commerce with foreign nations), Trans- SEC. 121. PROHIBITION ON ENERGY TAX. the end the following: Canada Keystone Pipeline, L.P. is authorized (a) FINDINGS; PURPOSES.— ‘‘(s) APPLICABILITY OF GUIDANCE.— to construct, connect, operate, and maintain (1) FINDINGS.—Congress finds that— ‘‘(1) DEFINITIONS.—In this subsection: pipeline facilities for the import of crude oil (A) on June 25, 2013, President Obama ‘‘(A) GUIDANCE.— and other hydrocarbons at the United issued a Presidential memorandum directing ‘‘(i) IN GENERAL.—The term ‘guidance’ States-Canada Border at Phillips County, the Administrator of the Environmental means draft, interim, or final guidance Montana, in accordance with the application Protection Agency to issue regulations relat- issued by the Administrator. filed with the Department of State on May 4, ing to power sector carbon pollution stand- ‘‘(ii) INCLUSIONS.—The term ‘guidance’ in- 2012. ards for existing coal fired power plants; cludes—

VerDate Mar 15 2010 03:57 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.016 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 29, 2014 CONGRESSIONAL RECORD — SENATE S2489 ‘‘(I) the comprehensive guidance issued by the Administrator determines that adequate ‘‘(iii) a substantial change in volume or the Administrator and dated April 1, 2010; authority does not exist— character of pollutants being introduced into ‘‘(II) the proposed guidance entitled ‘Draft ‘‘(A) to issue permits that— the treatment works by a source introducing Guidance on Identifying Waters Protected by ‘‘(i) apply, and ensure compliance with, pollutants into the treatment works at the the Clean Water Act’ and dated April 28, 2011; any applicable requirements of sections 301, time of issuance of the permit; and ‘‘(III) the final guidance proposed by the 302, 306, 307, and 403; ‘‘(I) to ensure that any industrial user of Administrator and dated July 21, 2011; and ‘‘(ii) are for fixed terms not exceeding 5 any publicly owned treatment works will ‘‘(IV) any other document or paper issued years; comply with sections 204(b), 307, and 308. by the Administrator through any process ‘‘(iii) can be terminated or modified for ‘‘(3) ADMINISTRATION.—Notwithstanding other than the notice and comment rule- cause, including— paragraph (2), the Administrator may not making process. ‘‘(I) a violation of any condition of the per- disapprove or withdraw approval of a pro- ‘‘(B) NEW PERMIT.—The term ‘new permit’ mit; gram under this subsection on the basis of means a permit covering discharges from a ‘‘(II) obtaining a permit by misrepresenta- the following: structure— tion or failure to disclose fully all relevant ‘‘(A) The failure of the program to incor- ‘‘(i) that is issued under this section by a facts; and porate or comply with guidance (as defined permitting authority; and ‘‘(III) a change in any condition that re- in subsection (s)(1)). ‘‘(ii) for which an application is— quires either a temporary or permanent re- ‘‘(B) The implementation of a water qual- ‘‘(I) pending as of the date of enactment of duction or elimination of the permitted dis- ity standard that has been adopted by the this subsection; or State and approved by the Administrator charge; and ‘‘(II) filed on or after the date of enactment under section 303(c).’’. ‘‘(iv) control the disposal of pollutants into of this subsection. (2) CONFORMING AMENDMENTS.— wells; ‘‘(C) PERMITTING AUTHORITY.—The term (A) Section 309 of the Federal Water Pollu- ‘‘(B)(i) to issue permits that apply, and en- ‘permitting authority’ means— tion Control Act (33 U.S.C. 1319) is amend- sure compliance with, all applicable require- ‘‘(i) the Administrator; or ed— ments of section 308; or ‘‘(ii) a State, acting pursuant to a State (i) in subsection (c)— ‘‘(ii) to inspect, monitor, enter, and require program that is equivalent to the program (I) in paragraph (1)(A), by striking under this section and approved by the Ad- reports to at least the same extent as re- ‘‘402(b)(8)’’ and inserting ‘‘402(b)(2)(H)’’; and ministrator. quired in section 308; (II) in paragraph (2)(A), by striking ‘‘(C) to ensure that the public, and any ‘‘(2) PERMITS.— ‘‘402(b)(8)’’ and inserting ‘‘402(b)(2)(H)’’; and other State the waters of which may be af- ‘‘(A) IN GENERAL.—Notwithstanding any (ii) in subsection (d), in the first sentence, other provision of law, in making a deter- fected, receives notice of each application for by striking ‘‘402(b)(8)’’ and inserting mination whether to approve a new permit a permit and an opportunity for a public ‘‘402(b)(2)(H)’’. or a renewed permit, the permitting author- hearing before a ruling on each application; (B) Section 402(m) of the Federal Water ity— ‘‘(D) to ensure that the Administrator re- Pollution Control Act (33 U.S.C. 1342(m)) is ‘‘(i) shall base the determination only on ceives notice and a copy of each application amended in the first sentence by striking compliance with regulations issued by the for a permit; ‘‘subsection (b)(8) of this section’’ and insert- Administrator or the permitting authority; ‘‘(E) to ensure that any State (other than ing ‘‘subsection (b)(2)(H)’’. and the permitting State), whose waters may be (c) SUSPENSION OF FEDERAL PROGRAM.— ‘‘(ii) shall not base the determination on affected by the issuance of a permit may sub- Section 402(c) of the Federal Water Pollution the extent of adherence of the applicant for mit written recommendations to the permit- Control Act (33 U.S.C. 1342(c)) is amended— the new permit or renewed permit to guid- ting State and the Administrator with re- (1) by redesignating paragraph (4) as para- ance. spect to any permit application and, if any graph (5); and ‘‘(B) NEW PERMITS.—If the permitting au- part of the written recommendations are not (2) by inserting after paragraph (3) the fol- thority does not approve or deny an applica- accepted by the permitting State, that the lowing: tion for a new permit by the date that is 270 permitting State will notify the affected ‘‘(4) LIMITATION ON DISAPPROVAL.—Notwith- days after the date of receipt of the applica- State and the Administrator in writing of standing paragraphs (1) through (3), the Ad- tion for the new permit, the applicant may the failure of the State to accept the rec- ministrator may not disapprove or withdraw operate as if the application were approved ommendations, including the reasons for not approval of a State program under sub- in accordance with Federal law for the pe- accepting the recommendations; section (b) on the basis of the failure of the riod of time for which a permit from the ‘‘(F) to ensure that no permit will be following: same industry would be approved. issued if, in the judgment of the Secretary of ‘‘(A) The failure of the program to incor- ‘‘(C) SUBSTANTIAL COMPLETENESS.—In de- the Army (acting through the Chief of Engi- porate or comply with guidance (as defined termining whether an application for a new neers), after consultation with the Secretary in subsection (s)(1)). permit or a renewed permit received under of the department in which the Coast Guard ‘‘(B) The implementation of a water qual- this paragraph is substantially complete, the is operating, anchorage and navigation of ity standard that has been adopted by the permitting authority shall use standards for any of the navigable waters would be sub- State and approved by the Administrator determining substantial completeness of stantially impaired by the issuance of the under section 303(c).’’. similar permits for similar facilities sub- permit; (d) NOTIFICATION OF ADMINISTRATOR.—Sec- mitted in fiscal year 2007.’’. ‘‘(G) to abate violations of the permit or tion 402(d)(2) of the Federal Water Pollution (b) STATE PERMIT PROGRAMS.— the permit program, including civil and Control Act (33 U.S.C. 1342(d)(2)) is amend- (1) IN GENERAL.—Section 402 of the Federal criminal penalties and other means of en- ed— Water Pollution Control Act (33 U.S.C. 1342) forcement; (1) by striking ‘‘(2)’’ and all that follows is amended by striking subsection (b) and in- ‘‘(H) to ensure that any permit for a dis- through the end of the first sentence and in- serting the following: charge from a publicly owned treatment serting the following: ‘‘(b) STATE PERMIT PROGRAMS.— works includes conditions to require the ‘‘(2) OBJECTION BY ADMINISTRATOR.— ‘‘(1) IN GENERAL.—At any time after the identification in terms of character and vol- ‘‘(A) IN GENERAL.—Subject to subparagraph promulgation of the guidelines required by ume of pollutants of any significant source (C), no permit shall issue if— section 304(a)(2), the Governor of each State introducing pollutants subject to ‘‘(i) not later than 90 days after the date on desiring to administer a permit program for pretreatment standards under section 307(b) which the Administrator receives notifica- discharges into navigable waters within the into the treatment works and a program to tion under subsection (b)(2)(E), the Adminis- jurisdiction of the State may submit to the ensure compliance with those pretreatment trator objects in writing to the issuance of Administrator— standards by each source, in addition to ade- the permit; or ‘‘(A) a full and complete description of the quate notice, which shall include informa- ‘‘(ii) not later than 90 days after the date program the State proposes to establish and tion on the quality and quantity of effluent on which the proposed permit of the State is administer under State law or under an to be introduced into the treatment works transmitted to the Administrator, the Ad- interstate compact; and and any anticipated impact of the change in ministrator objects in writing to the ‘‘(B) a statement from the attorney gen- the quantity or quality of effluent to be dis- issuance of the permit as being outside the eral (or the attorney for those State water charged from the publicly owned treatment guidelines and requirements of this Act.’’; pollution control agencies that have inde- works, to the permitting agency of— (2) in the second sentence, by striking pendent legal counsel), or from the chief ‘‘(i) new introductions into the treatment ‘‘Whenever the Administrator’’ and inserting legal officer in the case of an interstate works of pollutants from any source that the following: agency, that the laws of the State, or the would be a new source (as defined in section ‘‘(B) REQUIREMENTS.—If the Adminis- interstate compact, as applicable, provide 306(a)) if the source were discharging pollut- trator’’; and adequate authority to carry out the de- ants; (3) by adding at the end the following: scribed program. ‘‘(ii) new introductions of pollutants into ‘‘(C) EXCEPTION.—The Administrator shall ‘‘(2) APPROVAL.—The Administrator shall the treatment works from a source that not object to or deny the issuance of a per- approve each program for which a descrip- would be subject to section 301 if the source mit by a State under subsection (b) or (s) tion is submitted under paragraph (1) unless were discharging those pollutants; or based on the following:

VerDate Mar 15 2010 03:57 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.016 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2490 CONGRESSIONAL RECORD — SENATE April 29, 2014 ‘‘(i) Guidance, as that term is defined in ministrator determines, after notice and op- (B) request that the Governor of any State subsection (s)(1). portunity for public hearings, that the dis- experiencing more than a de minimis nega- ‘‘(ii) The interpretation of the Adminis- charge of the materials into the area will tive impact post the analysis in the Capitol trator of a water quality standard that has have an unacceptable adverse effect on mu- of the State. been adopted by the State and approved by nicipal water supplies, shellfish beds or fish- (c) PUBLIC HEARINGS.— the Administrator under section 303(c).’’. ery areas (including spawning and breeding (1) IN GENERAL.—If the Administrator con- SEC. 132. PERMITS FOR DREDGED OR FILL MATE- areas), wildlife, or recreational areas. cludes under subsection (b)(1) that a covered RIAL. ‘‘(2) CONSULTATION.—Before making a de- action will have more than a de minimis neg- (a) IN GENERAL.—Section 404 of the Federal termination under paragraph (1), the Admin- ative impact on employment levels or eco- Water Pollution Control Act (33 U.S.C. 1344) istrator shall consult with the Secretary. nomic activity in a State, the Administrator is amended— ‘‘(3) FINDINGS.—The Administrator shall shall hold a public hearing in each such (1) by striking the section heading and all set forth in writing and make public the State at least 30 days prior to the effective that follows through ‘‘SEC. 404. (a) The Sec- findings of the Administrator and the rea- date of the covered action. retary may issue’’ and inserting the fol- sons of the Administrator for making any (2) TIME, LOCATION, AND SELECTION.— lowing: determination under this subsection. (A) IN GENERAL.—A public hearing required ‘‘(4) AUTHORITY OF STATE PERMITTING PRO- under paragraph (1) shall be held at a con- ‘‘SEC. 404. PERMITS FOR DREDGED OR FILL MA- venient time and location for impacted resi- TERIAL. GRAMS.—This subsection shall not apply to dents. ‘‘(a) PERMITS.— any permit if the State in which the dis- (B) PRIORITY.—In selecting a location for ‘‘(1) IN GENERAL.—The Secretary may charge originates or will originate does not concur with the determination of the Admin- such a public hearing, the Administrator issue’’; and shall give priority to locations in the State (2) in subsection (a), by adding at the end istrator that the discharge will result in an unacceptable adverse effect as described in that will experience the greatest number of the following: job losses. ‘‘(2) DEADLINE FOR APPROVAL.— paragraph (1).’’. (c) STATE PROGRAMS.—Section 404(g)(1) of (d) NOTIFICATION.—If the Administrator ‘‘(A) PERMIT APPLICATIONS.— the Federal Water Pollution Control Act (33 concludes under subsection (b)(1) that a cov- ‘‘(i) IN GENERAL.—Except as provided in U.S.C. 1344(g)(1)) is amended in the first sen- ered action will have more than a de mini- clause (ii), if an environmental assessment tence by striking ‘‘for the discharge’’ and in- mis negative impact on employment levels or environmental impact statement, as ap- serting ‘‘for all or part of the discharges’’. or economic activity in any State, the Ad- propriate, is required under the National En- SEC. 133. IMPACTS OF ENVIRONMENTAL PROTEC- ministrator shall give notice of such impact vironmental Policy Act of 1969 (42 U.S.C. 4321 TION AGENCY REGULATORY ACTIV- to the congressional delegation, Governor, et seq.), the Secretary shall— ITY ON EMPLOYMENT AND ECO- and legislature of the State at least 45 days ‘‘(I) begin the process not later than 90 NOMIC ACTIVITY. before the effective date of the covered ac- days after the date on which the Secretary (a) DEFINITIONS.—In this section: tion. receives a permit application; and (1) ADMINISTRATOR.—The term ‘‘Adminis- SEC. 134. IDENTIFICATION OF WATERS PRO- ‘‘(II) approve or deny an application for a trator’’ means the Administrator of the En- TECTED BY THE CLEAN WATER ACT. permit under this subsection not later than vironmental Protection Agency. (a) IN GENERAL.—The Secretary of the the latter of— (2) COVERED ACTION.—The term ‘‘covered Army and the Administrator of the Environ- ‘‘(aa) if an agency carries out an environ- action’’ means any of the following actions mental Protection Agency may not— mental assessment that leads to a finding of taken by the Administrator under the Fed- (1) finalize, adopt, implement, administer, no significant impact, the date on which the eral Water Pollution Control Act (33 U.S.C. or enforce the proposed guidance described finding of no significant impact is issued; or 1251 et seq.): in the notice of availability and request for ‘‘(bb) if an agency carries out an environ- (A) Issuing a regulation, policy statement, comments entitled ‘‘EPA and Army Corps of mental assessment that leads to a record of guidance, response to a petition, or other re- Engineers Guidance Regarding Identification decision, 15 days after the date on which the quirement. of Waters Protected by the Clean Water Act’’ record of decision on an environmental im- (B) Implementing a new or substantially (EPA–HQ–OW–2011–0409) (76 Fed. Reg. 24479 pact statement is issued. altered program. (May 2, 2011)); and ‘‘(ii) PROCESSES.—Notwithstanding clause (3) MORE THAN A DE MINIMIS NEGATIVE IM- (2) use the guidance described in paragraph (i), regardless of whether the Secretary has PACT.—The term ‘‘more than a de minimis (1), any successor document, or any substan- commenced an environmental assessment or negative impact’’ means the following: tially similar guidance made publicly avail- environmental impact statement by the date (A) With respect to employment levels, a able on or after December 3, 2008, as the basis described in clause (i)(I), the following dead- loss of more than 100 jobs, except that any for any decision regarding the scope of the lines shall apply: offsetting job gains that result from the hy- Federal Water Pollution Control Act (33 ‘‘(I) An environmental assessment carried pothetical creation of new jobs through new U.S.C. 1251 et seq.) or any rulemaking. (b) RULES.—The use of the guidance de- out under the National Environmental Pol- technologies or government employment scribed in subsection (a)(1), or any successor icy Act of 1969 (42 U.S.C. 4321 et seq.) shall be may not be used in the job loss calculation. completed not later than 1 year after the document or substantially similar guidance (B) With respect to economic activity, a made publicly available on or after Decem- deadline for commencing the permit process decrease in economic activity of more than ber 3, 2008, as the basis for any rule shall be under clause (i)(I). $1,000,000 over any calendar year, except that grounds for vacating the rule. ‘‘(II) An environmental impact statement any offsetting economic activity that results carried out under the National Environ- SEC. 135. LIMITATIONS ON AUTHORITY TO MOD- from the hypothetical creation of new eco- IFY STATE WATER QUALITY STAND- mental Policy Act of 1969 (42 U.S.C. 4321 et nomic activity through new technologies or ARDS. seq.) shall be completed not later than 2 government employment may not be used in (a) STATE WATER QUALITY STANDARDS.— years after the deadline for commencing the the economic activity calculation. Section 303(c)(4) of the Federal Water Pollu- permit process under clause (i)(I). (b) ANALYSIS OF IMPACTS OF ACTIONS ON tion Control Act (33 U.S.C. 1313(c)(4)) is ‘‘(B) FAILURE TO ACT.—If the Secretary EMPLOYMENT AND ECONOMIC ACTIVITY.— amended— fails to act by the deadline specified in (1) ANALYSIS.—Before taking a covered ac- (1) by redesignating subparagraphs (A) and clause (i) or (ii) of subparagraph (A)— tion, the Administrator shall analyze the im- (B) as clauses (i) and (ii), respectively, and ‘‘(i) the application, and the permit re- pact, disaggregated by State, of the covered indenting appropriately; quested in the application, shall be consid- action on employment levels and economic (2) by striking ‘‘(4) The’’ and inserting the ered to be approved; activity, including estimated job losses and following: ‘‘(ii) the Secretary shall issue a permit to decreased economic activity. ‘‘(4) PROMULGATION OF REVISED OR NEW the applicant; and (2) ECONOMIC MODELS.— STANDARDS.— ‘‘(iii) the permit shall not be subject to ju- (A) IN GENERAL.—In carrying out para- ‘‘(A) IN GENERAL.—The’’; dicial review.’’. graph (1), the Administrator shall use the (3) by striking ‘‘The Administrator shall (b) STATE PERMITTING PROGRAMS.—Section best available economic models. promulgate’’ and inserting the following: 404 of the Federal Water Pollution Control (B) ANNUAL GAO REPORT.—Not later than ‘‘(B) DEADLINE.—The Administrator shall Act (33 U.S.C. 1344) is amended by striking December 31st of each year, the Comptroller promulgate;’’ and subsection (c) and inserting the following: General of the United States shall submit to (4) by adding at the end the following: ‘‘(c) AUTHORITY OF ADMINISTRATOR.— Congress a report on the economic models ‘‘(C) STATE WATER QUALITY STANDARDS.— ‘‘(1) IN GENERAL.—Subject to paragraphs (2) used by the Administrator to carry out this Notwithstanding any other provision of this through (4), until the Secretary has issued a subsection. paragraph, the Administrator may not pro- permit under this section, the Administrator (3) AVAILABILITY OF INFORMATION.—With re- mulgate a revised or new standard for a pol- is authorized to prohibit the specification spect to any covered action, the Adminis- lutant in any case in which the State has (including the withdrawal of specification) of trator shall— submitted to the Administrator and the Ad- any defined area as a disposal site, and deny (A) post the analysis under paragraph (1) ministrator has approved a water quality or restrict the use of any defined area for as a link on the main page of the public standard for that pollutant, unless the State specification (including the withdrawal of Internet Web site of the Environmental Pro- concurs with the determination of the Ad- specification) as a disposal site, if the Ad- tection Agency; and ministrator that the revised or new standard

VerDate Mar 15 2010 03:57 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.016 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 29, 2014 CONGRESSIONAL RECORD — SENATE S2491 is necessary to meet the requirements of this load within the time specified in this sub- tion and Affordable Care Act (and the Act.’’. section— amendments made by such sections and sub- (b) FEDERAL LICENSES AND PERMITS.—Sec- ‘‘(I) the identification and load of the State sections) are repealed and the Internal Rev- tion 401(a) of the Federal Water Pollution shall be considered approved; and enue Code of 1986 shall be applied and admin- Control Act (33 U.S.C. 1341(a)) is amended by ‘‘(II) the State shall incorporate the identi- istered as if such provisions and amendments adding at the end the following: fication and load that the State submitted had never been enacted. ‘‘(7) STATE OR INTERSTATE AGENCY DETER- into the current plan of the State under sub- SEC. 203. REPEAL OF MEDICAL DEVICE EXCISE MINATION.—With respect to any discharge, if section (e). TAX. a State or interstate agency having jurisdic- ‘‘(ii) RECOMMENDATIONS NOT SUBMITTED.—If (a) IN GENERAL.—Chapter 32 of the Internal tion over the navigable waters at the point the Administrator announces the disagree- Revenue Code of 1986 is amended by striking at which the discharge originates or will ment of the Administrator with the identi- subchapter E. originate determines under paragraph (1) fication and load of the State but fails to (b) CONFORMING AMENDMENTS.— that the discharge will comply with the ap- submit the written recommendation of the (1) Subsection (a) of section 4221 of the In- plicable provisions of sections 301, 302, 303, Administrator to the State within 30 days as ternal Revenue Code of 1986 is amended by 306, and 307, the Administrator may not take required by subparagraph (B)(iii)— striking the last sentence. any action to supersede the determination.’’. ‘‘(I) the identification and load of the State (2) Paragraph (2) of section 6416(b) of such SEC. 136. STATE AUTHORITY TO IDENTIFY shall be considered approved; and Code is amended by striking the last sen- tence. WATERS WITHIN BOUNDARIES OF ‘‘(II) the State shall incorporate the identi- THE STATE. (c) CLERICAL AMENDMENT.—The table of fication and load that the State submitted Section 303(d) of the Federal Water Pollu- subchapter for chapter 32 of the Internal tion Control Act (33 U.S.C. 1313(d)) is amend- into the current plan of the State under sub- Revenue Code of 1986 is amended by striking ed by striking paragraph (2) and inserting section (e). the item related to subchapter E. the following: ‘‘(E) APPLICATION.—This section shall (d) EFFECTIVE DATE.—The amendments apply to any decision made by the Adminis- ‘‘(2) STATE AUTHORITY TO IDENTIFY WATERS made by this section shall apply to sales WITHIN BOUNDARIES OF THE STATE.— trator under this subsection issued on or after the date of the enactment of this Act. ‘‘(A) IN GENERAL.—Each State shall submit after March 1, 2013.’’. SEC. 204. LONG-TERM UNEMPLOYED INDIVID- to the Administrator from time to time, Subtitle C—Point of Order Against Taxes on UALS NOT TAKEN INTO ACCOUNT with the first such submission not later than Carbon FOR EMPLOYER HEALTH CARE COV- ERAGE MANDATE. 180 days after the date of publication of the SEC. 141. POINT OF ORDER AGAINST LEGISLA- first identification of pollutants under sec- TION THAT WOULD CREATE A TAX (a) IN GENERAL.—Paragraph (4) of section 4980H(c) of the Internal Revenue Code of 1986 tion 304(a)(2)(D), the waters identified and OR FEE ON CARBON EMISSIONS. is amended by adding at the end the fol- the loads established under subparagraphs (a) POINT OF ORDER.—It shall not be in lowing new subparagraph: (A), (B), (C), and (D) of paragraph (1). order in the Senate to consider any bill, ‘‘(C) EXCEPTION FOR LONG-TERM UNEM- ‘‘(B) APPROVAL OR DISAPPROVAL BY ADMIN- joint resolution, motion, amendment, or con- PLOYED INDIVIDUALS.— ISTRATOR.— ference report that includes a Federal tax or ‘‘(i) IN GENERAL.—The term ‘full-time em- ‘‘(i) IN GENERAL.—Not later than 30 days fee imposed on carbon emissions from any ployee’ shall not include any individual who after the date of submission, the Adminis- product or entity that is a direct or indirect is a long-term unemployed individual with trator shall approve the State identification source of the emissions. respect to such employer. and load or announce the disagreement of (b) WAIVER AND APPEAL.— ‘‘(ii) LONG-TERM UNEMPLOYED INDIVIDUAL.— the Administrator with the State identifica- (1) WAIVER.—Subsection (a) may be waived For purposes of this subparagraph, the term tion and load. or suspended in the Senate only by an af- firmative vote of three-fifths of the Mem- ‘long-term unemployed individual’ means, ‘‘(ii) APPROVAL.—If the Administrator ap- with respect to any employer, an individual proves the identification and load submitted bers, duly chosen and sworn. (2) APPEAL.—An affirmative vote of three- who— by the State under this subsection, the State ‘‘(I) begins employment with such em- shall incorporate the identification and load fifths of the Members of the Senate, duly chosen and sworn, shall be required to sus- ployer after the date of the enactment of into the current plan of the State under sub- this subparagraph, and section (e). tain an appeal of the ruling of the Chair on a point of order raised under subsection (a). ‘‘(II) has been unemployed for 27 weeks or ‘‘(iii) DISAPPROVAL.—If the Administrator longer, as determined by the Secretary of Subtitle D—Employment Analysis announces the disagreement of the Adminis- Labor, immediately before the date such em- Requirements Under the Clean Air Act trator with the identification and load sub- ployment begins.’’. mitted by the State under this subsection. SEC. 151. ANALYSIS OF EMPLOYMENT EFFECTS (b) EFFECTIVE DATE.—The amendment the Administrator shall submit, not later UNDER THE CLEAN AIR ACT. made by this section shall apply to months than 30 days after the date that the Adminis- The Administrator of the Environmental beginning after December 31, 2013. Protection Agency shall not propose or final- trator announces the disagreement of the SEC. 205. EMPLOYEES WITH HEALTH COVERAGE Administrator with the submission of the ize any major rule (as defined in section 804 UNDER TRICARE OR THE VETERANS State, to the State the written recommenda- of title 5, United States Code) under the ADMINISTRATION MAY BE EXEMPT- tion of the Administrator of those additional Clean Air Act (42 U.S.C. 7401 et seq.) until ED FROM EMPLOYER MANDATE waters that the Administrator identifies and after the date on which the Administrator— UNDER PATIENT PROTECTION AND such loads for such waters as the Adminis- (1) completes an economy-wide analysis AFFORDABLE CARE ACT. (a) IN GENERAL.—Section 4980H(c)(2) of the trator believes are necessary to implement capturing the costs and cascading effects Internal Revenue Code is amended by adding the water quality standards applicable to the across industry sectors and markets in the at the end the following: waters. United States of the implementation of ‘‘(F) EXEMPTION FOR HEALTH COVERAGE ‘‘(C) ACTION BY STATE.—Not later than 30 major rules promulgated under the Clean Air UNDER TRICARE OR THE VETERANS ADMINISTRA- days after receipt of the recommendation of Act (42 U.S.C. 7401 et seq.); and TION.—Solely for purposes of determining the Administrator, the State shall— (2) establishes a process to update that whether an employer is an applicable large ‘‘(i) disregard the recommendation of the analysis not less frequently than semiannu- employer under this paragraph for any Administrator in full and incorporate its ally, so as to provide for the continuing eval- month, an employer may elect not to take own identification and load into the current uation of potential loss or shifts in employ- into account for a month as an employee any plan of the State under subsection (e); ment, pursuant to section 321(a) of the Clean individual who, for such month, has medical ‘‘(ii) accept the recommendation of the Ad- Air Act (42 U.S.C. 7621(a)), that may result coverage under— ministrator in full and incorporate its iden- from the implementation of major rules ‘‘(i) chapter 55 of title 10, United States tification and load as amended by the rec- under the Clean Air Act (42 U.S.C. 7401 et Code, including coverage under the ommendation of the Administrator into the seq.). TRICARE program, or current plan of the State under subsection TITLE II—HEALTH ‘‘(ii) under a health care program under (e); or SEC. 201. FORTY HOURS IS FULL TIME. chapter 17 or 18 of title 38, United States ‘‘(iii) accept the recommendation of the (a) DEFINITION OF FULL-TIME EMPLOYEE.— Code, as determined by the Secretary of Vet- Administrator in part, identifying certain Section 4980H(c) of the Internal Revenue erans Affairs, in coordination with the Sec- additional waters and certain additional Code of 1986 is amended— retary of Health and Human Services and the loads proposed by the Administrator to be (1) in paragraph (2)(E), by striking ‘‘by 120’’ Secretary.’’. added to the State’s identification and load and inserting ‘‘by 174’’; and (b) EFFECTIVE DATE.—The amendment and incorporate the State’s identification (2) in paragraph (4)(A), by striking ‘‘30 made by subsection (a) shall apply to months and load as amended into the current plan of hours’’ and inserting ‘‘40 hours’’. beginning after December 31, 2013. the State under subsection (e). (b) EFFECTIVE DATE.—The amendments SEC. 206. PROHIBITION ON CERTAIN TAXES, ‘‘(D) NONCOMPLIANCE BY ADMINISTRATOR.— made by subsection (a) shall apply to months FEES, AND PENALTIES ENACTED ‘‘(i) IN GENERAL.—If the Administrator fails beginning after December 31, 2013. UNDER THE AFFORDABLE CARE to approve the State identification and load SEC. 202. REPEAL OF THE INDIVIDUAL MANDATE. ACT. or announce the disagreement of the Admin- Section 1501 and subsections (a), (b), (c), No tax, fee, or penalty imposed or enacted istrator with the State identification and and (d) of section 10106 of the Patient Protec- under the Patient Protection and Affordable

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Care Act shall be implemented, adminis- (b) CONFORMING AMENDMENTS.— SEC. 305. PERMANENT ALLOWANCE OF DEDUC- tered, or enforced unless there has been a (1) The heading for section 1202 of the In- TION FOR HEALTH INSURANCE certification by the Joint Committee on ternal Revenue Code of 1986 is amended by COSTS IN COMPUTING SELF-EM- PLOYMENT TAXES. Taxation that such provision would not have striking ‘‘PARTIAL’’. (a) IN GENERAL.—Paragraph (4) of section a direct or indirect economic impact on indi- (2) The item relating to section 1202 in the 162(l) of the Internal Revenue Code of 1986 is viduals with an annual income of less than table of sections for part I of subchapter P of amended by striking ‘‘beginning before Janu- $200,000 or families with an annual income of chapter 1 of such Code is amended by strik- ary 1, 2010’’ and all that follows and inserting less than $250,000. ing ‘‘Partial exclusion’’ and inserting ‘‘Ex- ‘‘beginning— SEC. 207. REPEAL OF THE PATIENT PROTECTION clusion’’. ‘‘(A) before January 1, 2010, or AND AFFORDABLE CARE ACT. (3) Section 1223(13) of such Code is amended ‘‘(B) after December 31, 2010, and before (a) IN GENERAL.—Effective as of the enact- by striking ‘‘1202(a)(2),’’. January 1, 2013.’’. ment of Public Law 111–148, such Act (includ- (c) ADJUSTMENT OF GROSS ASSET THRESH- (b) EFFECTIVE DATE.—The amendment ing any provision amended under sections 201 OLD FOR INFLATION.—Subsection (d) of sec- made by this section shall apply to taxable through 205 of this Act) is repealed, and the tion 1202 of the Internal Revenue Code of 1986 years beginning after December 31, 2012. provisions of law amended or repealed by is amended by adding at the end the fol- SEC. 306. CLARIFICATION OF INVENTORY AND such Act (including any provision amended lowing new paragraph: ACCOUNTING RULES FOR SMALL under such sections) are restored or revived ‘‘(4) ADJUSTMENT FOR INFLATION.—In the BUSINESS. as if such Act had not been enacted. case of any taxable year beginning after De- (a) CASH ACCOUNTING PERMITTED.—Section (b) HEALTH CARE-RELATED PROVISIONS IN cember 31, 2014, the $50,000,000 amount in sub- 446 of the Internal Revenue Code of 1986 is THE HEALTH CARE AND EDUCATION RECONCILI- paragraphs (A) and (B) of paragraph (1) shall amended by adding at the end the following ATION ACT OF 2010.—Effective as of the enact- be increased by an amount equal to— new subsection: ment of the Health Care and Education Rec- ‘‘(A) such dollar amount, multiplied by ‘‘(g) CERTAIN SMALL BUSINESS TAXPAYERS onciliation Act of 2010 (Public Law 111–152), ‘‘(B) the cost-of-living adjustment deter- PERMITTED TO USE CASH ACCOUNTING METHOD title I and subtitle B of title II of such Act mined under section 1(f)(3) for the calendar WITHOUT LIMITATION.— (including any provision amended under sec- year in which the taxable year begins, by ‘‘(1) IN GENERAL.—With respect to an eligi- tions 201 through 205 of this Act) are re- substituting ‘calendar year 2013’ for ‘cal- ble taxpayer who uses the cash receipts and pealed, and the provisions of law amended or endar year 1992’ in subparagraph (B) thereof. disbursements method for any taxable year, such method shall be deemed to clearly re- repealed by such title or subtitle, respec- If any amount as increased under the pre- flect income and the taxpayer shall not be tively (including any provision amended ceding sentence is not a multiple of $1,000, required to use an accrual method. under such sections), are restored or revived such amount shall be rounded to the nearest ‘‘(2) ELIGIBLE TAXPAYER.—For purposes of as if such title and subtitle had not been en- multiple of $1,000.’’. acted. this subsection, a taxpayer is an eligible tax- (d) EFFECTIVE DATE.—The amendments payer with respect to any taxable year if— TITLE III—INCREASING EMPLOYMENT made by this section shall apply to stock ac- ‘‘(A) for all prior taxable years beginning AND DECREASING GOVERNMENT REGU- quired after December 31, 2013. after December 31, 2013, the taxpayer (or any LATION SEC. 303. PERMANENT INCREASE IN DEDUCTION predecessor) met the gross receipts test of Subtitle A—Small Business Tax Provisions FOR START-UP EXPENDITURES. section 448(c) (determined by substituting SEC. 301. PERMANENT EXTENSION OF IN- (a) IN GENERAL.—Clause (ii) of section ‘$10,000,000’ for ‘$5,000,000’ each place it ap- CREASED EXPENSING LIMITATIONS 195(b)(1)(A) of the Internal Revenue Code of pears), and AND TREATMENT OF CERTAIN REAL 1986 is amended— ‘‘(B) the taxpayer is not subject to section PROPERTY AS SECTION 179 PROP- (1) by striking ‘‘$5,000’’ and inserting 447 or 448.’’. ERTY. ‘‘$10,000’’, and (b) INVENTORY RULES.— (a) DOLLAR LIMITATION.—Section 179(b)(1) (2) by striking ‘‘$50,000’’ and inserting (1) IN GENERAL.—Section 471 of the Internal of the Internal Revenue Code of 1986 is ‘‘$60,000’’. Revenue Code of 1986 is amended by redesig- amended by striking ‘‘shall not exceed’’ and (b) ADJUSTMENT FOR INFLATION.—Para- nating subsection (c) as subsection (d) and by all that follows and inserting ‘‘shall not ex- graph (3) of section 195(b) of the Internal inserting after subsection (b) the following ceed $500,000.’’. Revenue Code of 1986 is amended to read as new subsection: (b) REDUCTION IN LIMITATION.—Section ‘‘(c) SMALL BUSINESS TAXPAYERS NOT RE- follows: 179(b)(2) of the Internal Revenue Code of 1986 QUIRED TO USE INVENTORIES.— ‘‘(3) ADJUSTMENT FOR INFLATION.—In the is amended— ‘‘(1) IN GENERAL.—A qualified taxpayer case of any taxable year beginning after De- (1) by striking subparagraph (C), shall not be required to use inventories cember 31, 2014, the $10,000 and $60,000 (2) by striking ‘‘, and’’ at the end of sub- under this section for a taxable year. amounts in paragraph (1)(A)(ii) shall each be paragraph (B) and inserting a period, ‘‘(2) TREATMENT OF TAXPAYERS NOT USING increased by an amount equal to— (3) by striking the comma at the end of INVENTORIES.—If a qualified taxpayer does ‘‘(A) such dollar amount, multiplied by subparagraph (A) and inserting ‘‘, and’’, and not use inventories with respect to any prop- ‘‘(B) the cost-of-living adjustment deter- (4) by inserting ‘‘beginning before 2014’’ erty for any taxable year beginning after De- mined under section 1(f)(3) for the calendar after ‘‘The limitation under paragraph (1) for cember 31, 2013, such property shall be treat- year in which the taxable year begins, by any taxable year’’. ed as a material or supply which is not inci- substituting ‘calendar year 2013’ for ‘cal- (c) COMPUTER SOFTWARE.—Section dental. endar year 1992’ in subparagraph (B) thereof. 179(d)(1)(A)(ii) of the Internal Revenue Code ‘‘(3) QUALIFIED TAXPAYER.—For purposes of If any amount as increased under the pre- of 1986 is amended by striking ‘‘and before this subsection, the term ‘qualified taxpayer’ ceding sentence is not a multiple of $1,000, 2014’’. means— such amount shall be rounded to the nearest (d) ELECTION.—Section 179(c)(2) of the In- ‘‘(A) any eligible taxpayer (as defined in multiple of $1,000.’’. ternal Revenue Code of 1986 is amended by section 446(g)(2)), and striking ‘‘and before 2014’’. (c) EFFECTIVE DATE.—The amendments ‘‘(B) any taxpayer described in section (e) SPECIAL RULES FOR TREATMENT OF made by this section shall apply to taxable 448(b)(3) (determined by substituting QUALIFIED REAL PROPERTY.— years beginning after December 31, 2013. ‘$10,000,000’ for ‘$5,000,000’ each place it ap- (1) IN GENERAL.—Section 179(f)(1) of the In- SEC. 304. PERMANENT EXTENSION OF REDUC- pears in subsections (b) and (c) of section ternal Revenue Code of 1986 is amended by TION IN S-CORPORATION RECOGNI- 448).’’. striking ‘‘beginning in 2010, 2011, 2012, or TION PERIOD FOR BUILT-IN GAINS (2) INCREASED ELIGIBILITY FOR SIMPLIFIED TAX. 2013’’ and inserting ‘‘beginning after 2009’’. DOLLAR-VALUE LIFO METHOD.—Section 474(c) (2) CONFORMING AMENDMENT.—Section 179(f) (a) IN GENERAL.—Paragraph (7) of section of such Code is amended by striking of such Code is amended by striking para- 1374(d) of the Internal Revenue Code of 1986 ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’. graph (4). is amended— (3) CONFORMING AMENDMENT.—Subsection (f) EFFECTIVE DATE.—The amendments (1) by striking ‘‘10-year’’ in subparagraph (c) of section 263A of such Code is amended made by this section shall apply to taxable (A) and inserting ‘‘5-year’’, by adding at the end the following new para- years beginning after December 31, 2013. (2) by striking subparagraphs (B) and (C) graph: SEC. 302. PERMANENT FULL EXCLUSION APPLI- and redesignating subparagraphs (D) and (E) ‘‘(7) EXCLUSION FROM INVENTORY RULES.— CABLE TO QUALIFIED SMALL BUSI- as subparagraphs (B) and (C), respectively, Nothing in this section shall require the use NESS STOCK. and of inventories for any taxable year by a (a) IN GENERAL.—Paragraph (4) of section (3) by striking ‘‘593(e)—’’ and all that fol- qualified taxpayer (within the meaning of 1202(a) of the Internal Revenue Code of 1986 lows in subparagraph (B), as so redesignated, section 471(c)) who is not required to use in- is amended— and inserting ‘‘593(e), subparagraph (A) shall ventories under section 471 for such taxable (1) by striking ‘‘and before January 1, be applied without regard to the phrase ‘5- year.’’. 2014’’, and year’.’’. (c) EFFECTIVE DATE AND SPECIAL RULES.— (2) by striking ‘‘CERTAIN PERIODS IN 2010, (b) EFFECTIVE DATE.—The amendments (1) IN GENERAL.—The amendments made by 2011, 2012, AND 2013’’ in the heading and insert- made by this section shall apply to taxable this section shall apply to taxable years be- ing ‘‘CERTAIN PERIODS AFTER 2009’’. years beginning after December 31, 2013. ginning after December 31, 2013.

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(2) CHANGE IN METHOD OF ACCOUNTING.—In ‘‘(b) RULE MAKING CONSIDERATIONS.—In a ‘‘(ii) the legal authority under which a rule the case of any taxpayer changing the tax- rule making, an agency shall make all pre- may be proposed, including whether a rule payer’s method of accounting for any taxable liminary and final determinations based on making is required by statute, and if so, year under the amendments made by this evidence and consider, in addition to other whether by a specific date, or whether the section— applicable considerations, the following: agency has discretion to commence a rule (A) such change shall be treated as initi- ‘‘(1) The legal authority under which a rule making; and ated by the taxpayer; and may be proposed, including whether a rule ‘‘(iii) preliminary information available to (B) such change shall be treated as made making is required by statute, and if so, the agency concerning the other consider- with the consent of the Secretary of the whether by a specific date, or whether the ations specified in subsection (b); Treasury. agency has discretion to commence a rule ‘‘(B) solicit written data, views or argu- Subtitle B—Regulatory Accountability Act making. ments from interested persons concerning SEC. 311. SHORT TITLE. ‘‘(2) Other statutory considerations appli- the information and issues addressed in the This title may be cited as the ‘‘Regulatory cable to whether the agency can or should advance notice; and Accountability Act of 2014’’. propose a rule or undertake other agency ac- ‘‘(C) provide for a period of not fewer than 60 days for interested persons to submit such SEC. 312. DEFINITIONS. tion. Section 551 of title 5, United States Code, ‘‘(3) The specific nature and significance of written data, views, or arguments to the is amended— the problem the agency may address with a agency. ‘‘(d) NOTICES OF PROPOSED RULE MAKING; (1) in paragraph (13), by striking ‘‘and’’ at rule (including the degree and nature of risks the problem poses and the priority of ad- DETERMINATIONS OF OTHER AGENCY COURSE.— the end; Following completion of procedures under (2) in paragraph (14), by striking the period dressing those risks compared to other mat- ters or activities within the jurisdiction of subsection (c), if applicable, and consulta- at the end and inserting a semicolon; and tion with the Administrator of the Office of (3) by adding at the end the following: the agency), whether the problem warrants new agency action, and the countervailing Information and Regulatory Affairs, the ‘‘(15) ‘guidance’ means an agency state- agency shall publish either a notice of pro- risks that may be posed by alternatives for ment of general applicability and future ef- posed rule making or a determination of new agency action. fect, other than a regulatory action, that other agency course, in accordance with the ‘‘(4) Whether existing rules have created or sets forth a policy on a statutory, regulatory following: contributed to the problem the agency may or technical issue or an interpretation of a ‘‘(1) A notice of proposed rule making shall address with a rule and whether those rules statutory or regulatory issue; include— ‘‘(16) ‘high-impact rule’ means any rule could be amended or rescinded to address the ‘‘(A) a statement of the time, place, and that the Administrator of the Office of Infor- problem in whole or part. nature of public rule making proceedings; mation and Regulatory Affairs determines is ‘‘(5) Any reasonable alternatives for a new ‘‘(B) reference to the legal authority under likely to impose an annual cost on the econ- rule or other response identified by the agen- which the rule is proposed; omy of $1,000,000,000 or more, adjusted annu- cy or interested persons, including not only ‘‘(C) the terms of the proposed rule; ally for inflation; responses that mandate particular conduct ‘‘(D) a description of information known to ‘‘(17) ‘Information Quality Act’ means sec- or manners of compliance, but also— the agency on the subject and issues of the tion 515 of Public Law 106–554, the Treasury ‘‘(A) the alternative of no Federal re- proposed rule, including— and General Government Appropriations Act sponse; ‘‘(i) a summary of information known to for Fiscal Year 2001, and guidelines issued by ‘‘(B) amending or rescinding existing rules; the agency concerning the considerations the Administrator of the Office of Informa- ‘‘(C) potential regional, State, local, or specified in subsection (b); tion and Regulatory Affairs or other agen- tribal regulatory action or other responses ‘‘(ii) a summary of additional information cies under that Act; that could be taken instead of agency action; the agency provided to and obtained from in- ‘‘(18) ‘major guidance’ means guidance that and terested persons under subsection (c); and the Administrator of the Office of Informa- ‘‘(D) potential responses that— ‘‘(iii) information specifically identifying tion and Regulatory Affairs finds is likely to ‘‘(i) specify performance objectives rather all data, studies, models, and other evidence lead to— than conduct or manners of compliance; or information considered or used by the ‘‘(A) an annual cost on the economy of ‘‘(ii) establish economic incentives to en- agency in connection with the determination $100,000,000 or more, adjusted annually for in- courage desired behavior; by the agency to propose the rule; flation; ‘‘(iii) provide information upon which ‘‘(E)(i) a reasoned preliminary determina- ‘‘(B) a major increase in costs or prices for choices can be made by the public; or tion of need for the rule based on the infor- consumers, individual industries, Federal, ‘‘(iv) incorporate other innovative alter- mation described under subparagraph (D); State, local or tribal government agencies, natives rather than agency actions that and or geographic regions; or specify conduct or manners of compliance. ‘‘(ii) an additional statement of whether a ‘‘(C) significant adverse effects on competi- ‘‘(6) Notwithstanding any other provision rule is required by statute; tion, employment, investment, productivity, of law— ‘‘(F) a reasoned preliminary determination innovation, or on the ability of United ‘‘(A) the potential costs and benefits asso- that the benefits of the proposed rule meet States-based enterprises to compete with ciated with potential alternative rules and the relevant statutory objectives and justify foreign-based enterprises in domestic and ex- other responses considered under paragraph the costs of the proposed rule, including all port markets; (5), including direct, indirect, and cumu- costs to be considered under subsection ‘‘(19) ‘major rule’ means any rule that the lative costs and benefits and estimated im- (b)(6), based on the information described Administrator of the Office of Information pacts on jobs, economic growth, innovation, under subparagraph (D); and Regulatory Affairs determines is likely and economic competitiveness; ‘‘(G) a discussion of— to impose— ‘‘(B) the means to increase the cost-effec- ‘‘(i) the alternatives to the proposed rule, ‘‘(A) an annual cost on the economy of tiveness of any Federal response; and and other alternative responses, considered $100,000,000 or more, adjusted annually for in- ‘‘(C) incentives for innovation, consist- by the agency under subsection (b); flation; ency, predictability, lower costs of enforce- ‘‘(ii) the costs and benefits of those alter- ‘‘(B) a major increase in costs or prices for ment and compliance (to government enti- natives, including all costs to be considered consumers, individual industries, Federal, ties, regulated entities, and the public), and under subsection (b)(6); State, local, or tribal government agencies, flexibility. ‘‘(iii) whether those alternatives meet rel- or geographic regions; or ‘‘(c) ADVANCE NOTICE OF PROPOSED RULE evant statutory objectives; and ‘‘(C) significant adverse effects on competi- MAKING FOR MAJOR RULES AND HIGH-IMPACT ‘‘(iv) why the agency did not propose any tion, employment, investment, productivity, RULES.— of those alternatives; and innovation, or on the ability of United ‘‘(1) In the case of a rule making for a ‘‘(H)(i) a statement of whether existing States-based enterprises to compete with major rule or high-impact rule, not later rules have created or contributed to the foreign-based enterprises in domestic and ex- than 90 days before a notice of proposed rule problem the agency seeks to address with port markets; and making is published in the Federal Register, the proposed rule; and ‘‘(20) ‘Office of Information and Regulatory an agency shall publish advance notice of ‘‘(ii) if so, whether or not the agency pro- Affairs’ means the office established under proposed rule making in the Federal Reg- poses to amend or rescind any such rules, section 3503 of chapter 35 of title 44 and any ister. and why. successor to that office.’’. ‘‘(2) In publishing advance notice under All information considered by the agency, SEC. 313. RULE MAKING. paragraph (1), the agency shall— and actions to obtain information by the Section 553 of title 5, United States Code, ‘‘(A) include a written statement identi- agency, in connection with its determination is amended— fying, at a minimum— to propose the rule, including all informa- (1) in subsection (a), by striking ‘‘(a) This ‘‘(i) the nature and significance of the tion described by the agency under subpara- section applies’’ and inserting ‘‘(a) APPLICA- problem the agency may address with a rule, graph (D) and, at the discretion of the Presi- BILITY.—This section applies’’; and including data and other evidence and infor- dent or the Administrator of the Office of In- (2) by striking subsections (b) through (e) mation on which the agency expects to rely formation and Regulatory Affairs, informa- and inserting the following: for the proposed rule; tion provided by that Office in consultations

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There shall be no judi- ‘‘(B) The agency may adopt a rule that is et for the proposed rule and made accessible cial review of an agency’s determination to more costly than the least costly alternative to the public for the public’s use when the withdraw a proposed rule under subpara- that would achieve the relevant statutory notice of proposed rule making is published. graph (B)(i). objectives only if— ‘‘(2)(A) A notice of determination of other ‘‘(D) Failure to petition for a hearing ‘‘(i) the additional benefits of the more agency course shall include a description of under this paragraph shall not preclude judi- costly rule justify its additional costs; and the alternative response the agency deter- cial review of any claim based on the Infor- ‘‘(ii) the agency explains its reason for mined to adopt. mation Quality Act under chapter 7 of this doing so based on interests of public health, ‘‘(B) If in its determination of other agency title. safety or welfare (including protection of the course the agency makes a determination to ‘‘(e) HEARINGS FOR HIGH-IMPACT RULES.— environment) that are clearly within the amend or rescind an existing rule, the agen- Following notice of a proposed rule making, scope of the statutory provision authorizing cy need not undertake additional pro- receipt of comments on the proposed rule, the rule. ceedings under subsection (c) before the and any hearing held under subsection (d)(4), ‘‘(4)(A) When the agency adopts a final agency publishes a notice of proposed rule and before adoption of any high-impact rule, rule, the agency shall publish a notice of making to amend or rescind the existing the agency shall hold a hearing in accord- final rule making. The notice shall include— rule. ance with sections 556 and 557, unless such ‘‘(i) a concise, general statement of the All information considered by the agency, hearing is waived by all participants in the rule’s basis and purpose; and actions to obtain information by the rule making other than the agency. The ‘‘(ii) the agency’s reasoned final deter- agency, in connection with its determination agency shall provide a reasonable oppor- mination of need for a rule to address the of other agency course, including the infor- tunity for cross-examination at such hear- problem the agency seeks to address with mation specified under paragraph (1)(D) and, ing. The hearing shall be limited to the fol- the rule, including a statement of whether a at the discretion of the President or the Ad- lowing issues of fact, except that partici- rule is required by statute; ministrator of the Office of Information and pants at the hearing other than the agency ‘‘(iii) the agency’s reasoned final deter- Regulatory Affairs, information provided by may waive determination of any such issue: mination that the benefits of the rule meet that Office in consultations with the agency, ‘‘(1) Whether the agency’s asserted factual the relevant statutory objectives and justify shall be placed in the docket for the deter- predicate for the rule is supported by the evi- the rule’s costs (including all costs to be con- mination and made accessible to the public dence. sidered under subsection (b)(6)); for the public’s use when the notice of deter- ‘‘(2) Whether there is an alternative to the ‘‘(iv) the agency’s reasoned final deter- mination is published. proposed rule that would achieve the rel- mination not to adopt any of the alter- ‘‘(3) After notice of proposed rule making evant statutory objectives at a lower cost natives to the proposed rule considered by required by this section, the agency shall (including all costs to be considered under the agency during the rule making, includ- provide interested persons an opportunity to subsection (b)(6)) than the proposed rule. ing— participate in the rule making through sub- ‘‘(3) If there is more than one alternative ‘‘(I) the agency’s reasoned final determina- mission of written data, views, or arguments to the proposed rule that would achieve the tion that no alternative considered achieved with or without opportunity for oral presen- relevant statutory objectives at a lower cost the relevant statutory objectives with lower tation, except that— than the proposed rule, which alternative costs (including costs to be considered under ‘‘(A) if a hearing is required under para- would achieve the relevant statutory objec- subsection (b)(6)) than the rule; or graph (4)(B) or subsection (e), reasonable op- tives at the lowest cost. ‘‘(II) the agency’s reasoned final deter- portunity for oral presentation shall be pro- ‘‘(4) If the agency proposes to adopt a rule mination that its adoption of a more costly vided under that requirement; or that is more costly than the least costly al- rule complies with paragraph (3)(B); ‘‘(B) when other than under subsection (e) ternative that would achieve the relevant rules are required by statute or at the discre- ‘‘(v) the agency’s reasoned final determina- statutory objectives (including all costs to tion— tion of the agency to be made on the record be considered under subsection (b)(6)), after opportunity for an agency hearing, sec- ‘‘(I) that existing rules have not created or whether the additional benefits of the more contributed to the problem the agency seeks tions 556 and 557 shall apply, and paragraph costly rule exceed the additional costs of the (4), requirements of subsection (e) to receive to address with the rule; or more costly rule. ‘‘(II) that existing rules have created or comment outside of the procedures of sec- ‘‘(5) Whether the evidence and other infor- tions 556 and 557, and the petition procedures contributed to the problem the agency seeks mation upon which the agency bases the pro- to address with the rule, and, if so— of subsection (e)(6) shall not apply. posed rule meets the requirements of the In- The agency shall provide not fewer than 90 ‘‘(aa) why amendment or rescission of such formation Quality Act. existing rules is not alone sufficient to re- days for interested persons to submit written ‘‘(6) Upon petition by an interested person data, views, or arguments (or 120 days in the spond to the problem; and who has participated in the rule making, ‘‘(bb) whether and how the agency intends case of a proposed major rule or high-impact other issues relevant to the rule making, un- rule). to amend or rescind the existing rule sepa- less the agency determines that consider- rate from adoption of the rule; ‘‘(4)(A) Within 30 days after publication of ation of the issues at the hearing would not notice of proposed rule making, a member of ‘‘(vi) the agency’s reasoned final deter- advance consideration of the rule or would, mination that the evidence and other infor- the public may petition for a hearing in ac- in light of the nature of the need for agency cordance with section 556 to determine mation upon which the agency bases the rule action, unreasonably delay completion of the whether any evidence or other information complies with of the Information Quality rule making. An agency shall grant or deny upon which the agency bases the proposed Act; and a petition under this paragraph within 30 rule fails to comply with of the Information ‘‘(vii) for any major rule or high-impact days after the receipt of the petition. Quality Act. rule, the agency’s plan for review of the rule No later than 45 days before any hearing held ‘‘(B)(i) The agency may, upon review of the no less frequently than every 10 years to de- under this subsection or sections 556 and 557, petition, determine without further process termine whether, based upon evidence, there the agency shall publish in the Federal Reg- to exclude from the rule making the evi- remains a need for the rule, whether the rule ister a notice specifying the proposed rule to dence or other information that is the sub- is in fact achieving statutory objectives, be considered at such hearing, the issues to ject of the petition and, if appropriate, with- whether the rule’s benefits continue to jus- be considered at the hearing, and the time draw the proposed rule. The agency shall tify its costs, and whether the rule can be and place for such hearing, except that such promptly publish any such determination. modified or rescinded to reduce costs while notice may be issued not later than 15 days ‘‘(ii) If the agency does not resolve the pe- continuing to achieve statutory objectives. before a hearing held under subsection tition under the procedures of clause (i), it ‘‘(B) Review of a rule under a plan required (d)(4)(B). shall grant any such petition that presents a by paragraph (4)(G) shall take into account ‘‘(f) FINAL RULES.—(1) The agency shall the factors and criteria set forth in sub- prima facie case that evidence or other infor- adopt a rule only following consultation sections (b) through (e) and this subsection. mation upon which the agency bases the pro- with the Administrator of the Office of Infor- posed rule fails to comply with the Informa- mation and Regulatory Affairs to facilitate ‘‘(C) All information considered by the tion Quality Act, hold the requested hearing compliance with applicable rule making re- agency in connection with its adoption of not later than 30 days after receipt of the pe- quirements. the rule, and, at the discretion of the Presi- tition, provide for a reasonable opportunity ‘‘(2) The agency shall adopt a rule only on dent or the Administrator of the Office of In- for cross-examination at the hearing, and de- the basis of the best reasonably obtainable formation and Regulatory Affairs, informa- cide the issues presented by the petition not scientific, technical, economic, and other tion provided by that Office in consultations later than 60 days after receipt of the peti- evidence and information concerning the with the agency, shall be placed in the dock- tion. The agency may deny any petition that need for and consequences of the rule. et for the rule and made accessible to the it determines does not present such a prima ‘‘(3)(A) Except as provided in subparagraph public for the public’s use not later than the facie case. (B), the agency shall adopt the least costly date on which the rule is adopted. ‘‘(C) There shall be no judicial review of rule considered during the rule making (in- ‘‘(g) EXCEPTIONS FROM NOTICE AND HEARING the agency’s disposition of issues considered cluding all costs to be considered under sub- REQUIREMENTS.—(1) Except when notice or and decided or determined under subpara- section (b)(6)) that meets relevant statutory hearing is required by statute, subsections graph (B)(ii) until judicial review of the objectives. (c) through (e) of this section do not apply to

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Such guide- on the issuance of such guidance to assure interests of national security, such sub- lines shall assure that each agency avoids that the guidance is reasonable, understand- sections or requirements to render final de- regulations that are inconsistent or incom- able, consistent with relevant statutory and terminations shall not apply to the agency’s patible with, or duplicative of, its other reg- regulatory provisions and requirements or adoption of an interim rule. ulations and those of other Federal agencies practices of other agencies, does not produce ‘‘(B) If, following compliance with subpara- and drafts its regulations to be simple and costs that are unjustified by the guidance’s graph (A) of this paragraph, the agency easy to understand, with the goal of mini- benefits, and is otherwise appropriate. adopts an interim rule, it shall commence mizing the potential for uncertainty and liti- ‘‘(b) AGENCY GUIDANCE.— proceedings that comply fully with sub- gation arising from such uncertainty. ‘‘(1) is not legally binding and may not be sections (c) through (f) of this section imme- ‘‘(3)(A) To ensure consistency in Federal relied upon by an agency as legal grounds for diately upon publication of the interim rule. rule making, the Administrator of the Office agency action; No less than 270 days from publication of the of Information and Regulatory Affairs ‘‘(2) shall state in a plain, prominent and interim rule (or 18 months in the case of a shall— permanent manner that it is not legally major rule or high-impact rule), the agency ‘‘(i) issue guidelines and otherwise take ac- binding; and shall complete rule making under sub- tion to ensure that rule makings conducted ‘‘(3) shall, at the time it is issued or upon sections (c) through (f) of this subsection and in whole or in part under procedures speci- request, be made available by the issuing take final action to adopt a final rule or re- fied in provisions of law other than those agency to interested persons and the public. scind the interim rule. If the agency fails to under this subchapter conform to the fullest ‘‘(c) The Administrator of the Office of In- take timely final action, the interim rule extent allowed by law with the procedures formation and Regulatory Affairs shall have shall cease to have the effect of law. set forth in this section; and authority to issue guidelines for use by the ‘‘(C) Other than in cases involving inter- ‘‘(ii) issue guidelines for the conduct of agencies in the issuance of major guidance ests of national security, upon the agency’s hearings under subsections (d)(4) and (e), in- and other guidance. Such guidelines shall as- publication of an interim rule without com- cluding to assure a reasonable opportunity sure that each agency avoids issuing guid- pliance with subsections (c), (d), or (e) or re- for cross-examination. ance documents that are inconsistent or in- quirements to render final determinations ‘‘(B) Each agency shall adopt regulations compatible with, or duplicative of, its other under subsection (f) of this section, an inter- for the conduct of hearings consistent with regulations and those of other Federal agen- ested party may seek immediate judicial re- the guidelines issued under this subpara- cies and drafts its guidance documents to be view under chapter 7 of this title of the agen- graph. simple and easy to understand, with the goal cy’s determination to adopt such interim ‘‘(4) The Administrator of the Office of In- of minimizing the potential for uncertainty rule. The record on such review shall include formation and Regulatory Affairs shall issue and litigation arising from such uncer- all documents and information considered by guidelines under the Information Quality tainty.’’. the agency and any additional information Act to apply in rule making proceedings (b) TECHNICAL AND CONFORMING AMEND- presented by a party that the court deter- under this section and sections 556 and 557. MENT.—The table of sections for chapter 5 of mines necessary to consider to assure jus- In all cases, the guidelines, and the Adminis- title 5, United States Code, is amended by in- tice. trator’s specific determinations regarding serting after the item relating to section 553 ‘‘(h) ADDITIONAL REQUIREMENTS FOR HEAR- agency compliance with the guidelines, shall the following: INGS.—When a hearing is required under sub- be entitled to judicial deference. ‘‘553a. Agency guidance; procedures to issue section (e) or is otherwise required by stat- ‘‘(l) RECORD.—The agency shall include in major guidance; presidential ute or at the agency’s discretion before adop- the record for a rule making all documents authority to issue guidelines tion of a rule, the agency shall comply with and information considered by the agency for issuance of guidance.’’. the requirements of sections 556 and 557 in during the proceeding, including, at the dis- SEC. 315. HEARINGS; PRESIDING EMPLOYEES; addition to the requirements of subsection cretion of the President or the Adminis- POWERS AND DUTIES; BURDEN OF (f) in adopting the rule and in providing no- trator of the Office of Information and Regu- PROOF; EVIDENCE; RECORD AS tice of the rule’s adoption. latory Affairs, documents and information BASIS OF DECISION. ‘‘(i) DATE OF PUBLICATION OF RULE.—The communicated by that Office during con- Section 556 of title 5, United States Code, required publication or service of a sub- sultation with the agency. is amended by striking subsection (e) and in- stantive final or interim rule shall be made serting the following: ‘‘(m) EXEMPTION FOR MONETARY POLICY.— not less than 30 days before the effective ‘‘(e)(1) The transcript of testimony and ex- Nothing in subsection (b)(6), subparagraph date of the rule, except— hibits, together with all papers and requests (F) through (G) of subsection (d)(1), sub- ‘‘(1) a substantive rule which grants or rec- filed in the proceeding, constitutes the ex- section (e), subsection (f)(3), or clauses (iii) ognizes an exemption or relieves a restric- clusive record for decision in accordance and (iv) of subsection (f)(4)(A) shall apply to tion; with section 557 and, on payment of lawfully rule makings that concern monetary policy ‘‘(2) interpretive rules and statements of prescribed costs, shall be made available to proposed or implemented by the Board of policy; or the parties. When an agency decision rests Governors of the Federal Reserve System or ‘‘(3) as otherwise provided by the agency on official notice of a material fact not ap- the Federal Open Market Committee.’’. for good cause found and published with the pearing in the evidence in the record, a party rule. SEC. 314. AGENCY GUIDANCE; PROCEDURES TO is entitled, on timely request, to an oppor- ISSUE MAJOR GUIDANCE; PRESI- ‘‘(j) RIGHT TO PETITION.—Each agency shall tunity to show the contrary. DENTIAL AUTHORITY TO ISSUE give an interested person the right to peti- GUIDELINES FOR ISSUANCE OF ‘‘(2) Notwithstanding paragraph (1) of this tion for the issuance, amendment, or repeal GUIDANCE. subsection, in a proceeding held under this of a rule. (a) IN GENERAL.—Chapter 5 of title 5, section under section 553(d)(4) or 553(e), the ‘‘(k) RULE MAKING GUIDELINES.—(1)(A) The United States Code, is amended by inserting record for decision shall include any infor- Administrator of the Office of Information after section 553 the following: mation that is part of the record of pro- and Regulatory Affairs shall have authority ceedings under section 553. to establish guidelines for the assessment, ‘‘§ 553a. Agency guidance; procedures to issue ‘‘(f) When an agency conducts rule making including quantitative and qualitative as- major guidance; authority to issue guide- under this section and section 557 directly sessment, of the costs and benefits of poten- lines for issuance of guidance after concluding proceedings upon an ad- tial, proposed, and final rules and other eco- ‘‘(a) Before issuing any major guidance, an vance notice of proposed rule making under nomic issues or issues related to risk that agency shall— section 553(c), the matters to be considered are relevant to rule making under this sec- ‘‘(1) make and document a reasoned deter- and determinations to be made shall include, tion and other sections of this title. The mination that— among other relevant matters and deter- rigor of cost-benefit analysis required by ‘‘(A) assures that such guidance is under- minations, the matters and determinations such guidelines shall be commensurate, in standable and complies with relevant statu- described in subsections (b) and (f) of section the Administrator’s determination, with the tory objectives and regulatory provisions; 553. economic impact of the rule. ‘‘(B) identifies the costs and benefits (in- ‘‘(g)(1) Upon receipt of a petition for a ‘‘(B) To ensure that agencies use the best cluding all costs to be considered during the hearing under this section, the agency shall available techniques to quantify and evalu- rule making under section 553(b) of this title) grant the petition in the case of any major

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rule, unless the agency reasonably deter- other petition for a hearing under sections ‘‘(2) ADMINISTRATIVE COSTS.—The term ‘ad- mines that a hearing would not advance con- 556 and 557 for abuse of agency discretion.’’. ministrative costs’ means expenditures in- sideration of the rule or would, in light of SEC. 318. ADDED DEFINITION. curred by State boards and local boards, di- the need for agency action, unreasonably Section 701(b) of title 5, United States rect recipients (including State grant recipi- delay completion of the rule making. The Code, is amended— ents under subtitle B and recipients of agency shall publish its decision to grant or (1) in paragraph (1), by striking ‘‘and’’; awards under subtitles C and D), local grant deny the petition when it renders the deci- (2) in paragraph (2), by striking the period recipients, local fiscal agents or local grant sion, including an explanation of the grounds at the end, and inserting ‘‘; and’’; and subrecipients, and one-stop operators in the for decision. The information contained in (3) by adding at the end the following: performance of administrative functions and the petition shall in all cases be included in ‘‘(3) ‘substantial evidence’ means such rel- in carrying out activities under this title the administrative record. evant evidence as a reasonable mind might that are not related to the direct provision ‘‘(2) This subsection shall not apply to rule accept as adequate to support a conclusion of workforce investment activities (includ- makings that concern monetary policy pro- in light of the record considered as a whole, ing services to participants and employers). posed or implemented by the Board of Gov- taking into account whatever in the record Such costs include both personnel and non- ernors of the Federal Reserve System or the fairly detracts from the weight of the evi- personnel expenditures and both direct and Federal Open Market Committee.’’. dence relied upon by the agency to support indirect expenditures.’’; SEC. 316. ACTIONS REVIEWABLE. its decision.’’. (6) in paragraph (3) (as so redesignated), by Section 704 of title 5, United States Code, SEC. 319. EFFECTIVE DATE. striking ‘‘Except in sections 127 and 132, the’’ is amended— The amendments made by this title to— and inserting ‘‘The’’; (1) by striking ‘‘Agency action made’’ and (1) sections 553, 556, and 704 of title 5, (7) by amending paragraph (5) (as so redes- inserting ‘‘(a) Agency action made’’; and United States Code; ignated) to read as follows: (2) by adding at the end the following: (2) section 701(b) of title 5, United States ‘‘(5) AREA CAREER AND TECHNICAL EDU- ‘‘(b)(1) Except as provided under paragraph Code; CATION SCHOOL.—The term ‘area career and technical education school’ has the meaning (2) and notwithstanding subsection (a), upon (3) paragraphs (4) and (5) of section 706(b) of given the term in section 3(3) of the Carl D. the agency’s publication of an interim rule title 5, United States Code; and Perkins Career and Technical Education Act without compliance with subsection (c), (d), (4) section 706(c) of title 5, United States of 2006 (20 U.S.C. 2302(3)).’’; or (e) of section 553 or requirements to Code, (8) in paragraph (6) (as so redesignated), by render final determinations under subsection shall not apply to any rule makings pending inserting ‘‘(or such other level as the Gov- (f) of section 553, an interested party may or completed on the date of enactment of ernor may establish)’’ after ‘‘8th grade seek immediate judicial review under this this Act. level’’; chapter of the agency’s determination to TITLE IV—SUPPORTING KNOWLEDGE AND (9) in paragraph (10)(C) (as so redesig- adopt such rule on an interim basis. Review INVESTING IN LIFELONG SKILLS nated), by striking ‘‘not less than 50 percent shall be limited to whether the agency SEC. 401. SHORT TITLE. of the cost of the training’’ and inserting ‘‘a abused its discretion to adopt the interim This title may be cited as the ‘‘Supporting significant portion of the cost of training, as rule without compliance with subsection (c), Knowledge and Investing in Lifelong Skills determined by the local board involved (or, (d), or (e) of section 553 or without rendering Act’’ or the ‘‘SKILLS Act’’. in the case of an employer in multiple local final determinations under subsection (f) of SEC. 402. REFERENCES. areas in the State, as determined by the section 553. Except as otherwise expressly provided, Governor), taking into account the size of ‘‘(2) This subsection shall not apply in wherever in this title an amendment or re- the employer and such other factors as the cases involving interests of national secu- peal is expressed in terms of an amendment local board or Governor, respectively, deter- rity. to, or repeal of, a section or other provision, mines to be appropriate’’; ‘‘(c) For rules other than major rules and the amendment or repeal shall be considered (10) in paragraph (11) (as so redesignated)— high-impact rules, compliance with sub- to be made to a section or other provision of (A) in subparagraph (A)(ii)(II), by striking section (b)(6), subparagraphs (F) through (G) the Workforce Investment Act of 1998 (29 ‘‘section 134(c)’’ and inserting ‘‘section of subsection (d)(1), subsection (f)(3), and U.S.C. 2801 et seq.). 121(e)’’; clauses (iii) and (iv) of subsection (f)(4)(A) of SEC. 403. APPLICATION TO FISCAL YEARS. (B) in subparagraph (B)(iii)— section 553 shall not be subject to judicial re- (i) by striking ‘‘134(d)(4)’’ and inserting view. In all cases, the determination that a Except as otherwise provided, this title and the amendments made by this title shall ‘‘134(c)(4)’’; and rule is not a major rule within the meaning (ii) by striking ‘‘intensive services de- of section 551(19)(A) or a high-impact rule apply with respect to fiscal year 2015 and succeeding fiscal years. scribed in section 134(d)(3)’’ and inserting shall be subject to judicial review under sec- ‘‘work ready services described in section Subtitle A—Amendments to the Workforce tion 706(a)(2)(A). 134(c)(2)’’; Investment Act of 1998 ‘‘(d) Nothing in this section shall be con- (C) in subparagraph (C), by striking ‘‘or’’ strued to limit judicial review of an agency’s CHAPTER 1—WORKFORCE INVESTMENT after the semicolon; consideration of costs or benefits as a man- DEFINITIONS (D) in subparagraph (D), by striking the pe- datory or discretionary factor under the SEC. 406. DEFINITIONS. riod and inserting ‘‘; or’’; and statute authorizing the rule or any other ap- Section 101 (29 U.S.C. 2801) is amended— (E) by adding at the end the following: plicable statute.’’. (1) by striking paragraph (2) and inserting ‘‘(E)(i) is the spouse of a member of the SEC. 317. SCOPE OF REVIEW. the following: Armed Forces on active duty for a period of Section 706 of title 5, United States Code is ‘‘(2) ADULT EDUCATION AND FAMILY LIT- more than 30 days (as defined in section amended— ERACY EDUCATION ACTIVITIES.—The term 101(d)(2) of title 10, United States Code) who (1) by striking ‘‘To the extent necessary’’ ‘adult education and family literacy edu- has experienced a loss of employment as a di- and inserting ‘‘(a) To the extent necessary’’; cation activities’ has the meaning given the rect result of relocation to accommodate a (2) in paragraph (2)(A) of subsection (a) (as term in section 203.’’; permanent change in duty station of such redesignated by paragraph (1) of this sec- (2) by striking paragraphs (13) and (24); member; or tion), by inserting after ‘‘in accordance with (3) by redesignating paragraphs (1) through ‘‘(ii) is the spouse of a member of the law’’ the following: ‘‘(including the Informa- (12) as paragraphs (3) through (14), and para- Armed Forces on active duty (as defined in tion Quality Act as defined under section graphs (14) through (23) as paragraphs (15) section 101(d)(1) of title 10, United States 551(17))’’; and through (24), respectively; Code) who meets the criteria described in (3) by adding at the end the following: (4) by striking paragraphs (52) and (53); paragraph (12)(B).’’; ‘‘(b) The court shall not defer to the agen- (5) by inserting after ‘‘In this title:’’ the (11) in paragraph (12)(A) (as redesignated)— cy’s— following new paragraphs: (A) by striking ‘‘and’’ after the semicolon ‘‘(1) interpretation of an agency rule if the ‘‘(1) ACCRUED EXPENDITURES.—The term and inserting ‘‘or’’; agency did not comply with the procedures ‘accrued expenditures’ means— (B) by striking ‘‘(A)’’ and inserting of section 553 or sections 556 and 557 to issue ‘‘(A) charges incurred by recipients of ‘‘(A)(i)’’; and the interpretation; funds under this title for a given period re- (C) by adding at the end the following: ‘‘(2) determination of the costs and bene- quiring the provision of funds for goods or ‘‘(ii) is the spouse of a member of the fits or other economic or risk assessment of other tangible property received; Armed Forces on active duty for a period of the regulatory action, if the agency failed to ‘‘(B) charges incurred for services per- more than 30 days (as defined in section conform to guidelines on such determina- formed by employees, contractors, sub- 101(d)(2) of title 10, United States Code) tions and assessments established by the Ad- grantees, subcontractors, and other payees; whose family income is significantly reduced ministrator of the Office of Information and and because of a deployment (as defined in sec- Regulatory Affairs under section 553(k); or ‘‘(C) other amounts becoming owed, under tion 991(b) of title 10, United States Code, or ‘‘(3) determinations under interlocutory re- programs assisted under this title, for which pursuant to paragraph (4) of such section), a view under sections 553(g)(2)(C) and 704(2). no current services or performance is re- call or order to active duty pursuant to a ‘‘(c) The court shall review agency denials quired, such as amounts for annuities, insur- provision of law referred to in section of petitions under section 553(e)(6) or any ance claims, and other benefit payments. 101(a)(13)(B) of title 10, United States Code, a

VerDate Mar 15 2010 03:57 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.016 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 29, 2014 CONGRESSIONAL RECORD — SENATE S2497 permanent change of station, or the service- ‘‘(v) A migrant youth. SEC. 412. STATE WORKFORCE INVESTMENT connected (as defined in section 101(16) of ‘‘(53) INDUSTRY OR SECTOR PARTNERSHIP.— BOARDS. title 38, United States Code) death or dis- The term ‘industry or sector partnership’ Section 111 (29 U.S.C. 2821) is amended— ability of the member; and’’; means a partnership of— (1) in subsection (b)— (12) in paragraph (13) (as so redesignated), ‘‘(A) a State board or local board; and (A) in paragraph (1)— by inserting ‘‘or regional’’ after ‘‘local’’ each ‘‘(B) one or more industry or sector organi- (i) by striking subparagraph (B); place it appears; zations, and other entities, that have the ca- (ii) by redesignating subparagraph (C) as (13) in paragraph (14) (as so redesignated)— pability to help the State board or local subparagraph (B); and (A) in subparagraph (A), by striking ‘‘sec- board determine the immediate and long- (iii) in subparagraph (B) (as so redesig- tion 122(e)(3)’’ and inserting ‘‘section 122’’; term skilled workforce needs of in-demand nated)— (B) by striking subparagraph (B), and in- industries or sectors and other occupations (I) by amending clause (i)(I), by striking serting the following: important to the State or local economy, re- ‘‘section 117(b)(2)(A)(i)’’ and inserting ‘‘sec- ‘‘(B) work ready services, means a provider spectively. tion 117(b)(2)(A)’’; (II) by amending clause (i)(II) to read as who is identified or awarded a contract as ‘‘(54) INDUSTRY-RECOGNIZED CREDENTIAL.— described in section 117(d)(5)(C); or’’; The term ‘industry-recognized credential’ follows: (C) by striking subparagraph (C); and means a credential that is sought or accept- ‘‘(II) represent businesses, including large (D) by redesignating subparagraph (D) as ed by companies within the industry sector and small businesses, each of which has im- subparagraph (C); involved, across multiple States, as recog- mediate and long-term employment opportu- (14) in paragraph (15) (as so redesignated), nized, preferred, or required for recruitment, nities in an in-demand industry or other oc- cupation important to the State economy; by striking ‘‘adult or dislocated worker’’ and screening, or hiring and is awarded for com- and’’; inserting ‘‘individual’’; pletion of a program listed or identified (III) by striking clause (iii) and inserting (15) in paragraph (20), by striking ‘‘The’’ under subsection (d) or (i) of section 122, for the following: and inserting ‘‘Subject to section the local area involved. ‘‘(iii) a State agency official responsible 116(a)(1)(E), the’’; ‘‘(55) PAY-FOR-PERFORMANCE CONTRACT for economic development; and’’; (16) in paragraph (25)— STRATEGY.—The term ‘pay-for-performance (IV) by striking clauses (iv) through (vi); (A) in subparagraph (B), by striking ‘‘high- contract strategy’ means a strategy in which (V) by amending clause (vii) to read as fol- er of—’’ and all that follows through clause a pay-for-performance contract to provide a lows: (ii) and inserting ‘‘poverty line for an equiva- program of employment and training activi- lent period;’’; ‘‘(vii) such other representatives and State ties incorporates provisions regarding— agency officials as the Governor may des- (B) by redesignating subparagraphs (D) ‘‘(A) the core indicators of performance de- through (F) as subparagraphs (E) through ignate, including— scribed in subclauses (I) through (IV) and ‘‘(I) members of the State legislature; (G), respectively; and (VI) of section 136(b)(2)(A)(i); (C) by inserting after subparagraph (C) the ‘‘(II) representatives of individuals and or- ‘‘(B) a fixed amount that will be paid to an ganizations that have experience with re- following: eligible provider of such employment and ‘‘(D) receives or is eligible to receive a free spect to youth activities; training activities for each program partici- ‘‘(III) representatives of individuals and or- or reduced price lunch under the Richard B. pant who, within a defined timetable, Russell National School Lunch Act (42 U.S.C. ganizations that have experience and exper- achieves the agreed-to levels of performance 1751 et seq.);’’; tise in the delivery of workforce investment based upon the core indicators of perform- (17) in paragraph (32), by striking ‘‘the Re- activities, including chief executive officers ance described in subparagraph (A), and may public of the Marshall Islands, the Federated of community colleges and community-based include a bonus payment to such provider, States of Micronesia,’’; organizations within the State; which may be used to expand the capacity of (18) by amending paragraph (33) to read as ‘‘(IV) representatives of the lead State such provider; follows: agency officials with responsibility for the ‘‘(C) the ability for an eligible provider to ‘‘(33) OUT-OF-SCHOOL YOUTH.—The term programs and activities that are described in recoup the costs of providing the activities ‘out-of-school youth’ means— section 121(b) and carried out by one-stop ‘‘(A) an at-risk youth who is a school drop- for a program participant who has not partners; or out; or achieved those levels, but for whom the pro- ‘‘(V) representatives of veterans service or- ‘‘(B) an at-risk youth who has received a vider is able to demonstrate that such par- ganizations.’’; and secondary school diploma or its recognized ticipant gained specific competencies re- (VI) by redesignating clause (vii) (as so equivalent but is basic skills deficient, un- quired for education and career advancement amended) as clause (iv); and employed, or underemployed.’’; that are, where feasible, tied to industry-rec- (B) by amending paragraph (3) to read as (19) in paragraph (38), by striking ognized credentials and related standards, or follows: State licensing requirements; and ‘‘134(a)(1)(A)’’ and inserting ‘‘134(a)(1)(B)’’; ‘‘(3) MAJORITY.—A 2⁄3 majority of the mem- (20) in paragraph (41), by striking ‘‘, and ‘‘(D) the ability for an eligible provider bers of the board shall be representatives de- the term means such Secretary for purposes that does not meet the requirements under scribed in paragraph (1)(B)(i).’’; of section 503’’; section 122(a)(2) to participate in such pay- (2) in subsection (c), by striking (21) in paragraph (43), by striking ‘‘clause for-performance contract and to not be re- ‘‘(b)(1)(C)(i)’’ and inserting ‘‘(b)(1)(B)(i)’’; (iii) or (v) of section 136(b)(3)(A)’’ and insert- quired to report on the performance and cost (3) by amending subsection (d) to read as ing ‘‘section 136(b)(3)(A)(iii)’’; information required under section 122(d). follows: (22) by amending paragraph (49) to read as ‘‘(56) RECOGNIZED POSTSECONDARY CREDEN- ‘‘(d) FUNCTIONS.—The State board shall as- follows: TIAL.—The term ‘recognized postsecondary sist the Governor of the State as follows: ‘‘(49) VETERAN.—The term ‘veteran’ has the credential’ means a credential awarded by a ‘‘(1) STATE PLAN.—Consistent with section same meaning given the term in section provider of training services or postsec- 112, the State board shall develop a State 2108(1) of title 5, United States Code.’’; ondary educational institution based on plan. (23) by amending paragraph (50) to read as completion of all requirements for a program ‘‘(2) STATEWIDE WORKFORCE DEVELOPMENT follows: of study, including coursework or tests or SYSTEM.—The State board shall review and ‘‘(50) CAREER AND TECHNICAL EDUCATION.— other performance evaluations. The term develop statewide policies and programs in The term ‘career and technical education’ means an industry-recognized credential, a the State in a manner that supports a com- has the meaning given the term in section 3 certificate of completion of a registered ap- prehensive statewide workforce development of the Carl D. Perkins Career and Technical prenticeship program, or an associate or bac- system that will result in meeting the work- Education Act of 2006 (20 U.S.C. 2302).’’; calaureate degree from an institution de- force needs of the State and its local areas. (24) in paragraph (51), by striking ‘‘, and a scribed in section 122(a)(2)(A)(i). Such review shall include determining youth activity’’; and ‘‘(57) REGISTERED APPRENTICESHIP PRO- whether the State should consolidate addi- (25) by adding at the end the following: GRAM.—The term ‘registered apprenticeship tional amounts for additional activities or ‘‘(52) AT-RISK YOUTH.—Except as provided program’ means a program described in sec- programs into the Workforce Investment in subtitle C, the term ‘at-risk youth’ means tion 122(a)(2)(B).’’. Fund in accordance with section 501(e). an individual who— CHAPTER 2—STATEWIDE AND LOCAL ‘‘(3) WORKFORCE AND LABOR MARKET INFOR- ‘‘(A) is not less than age 16 and not more WORKFORCE INVESTMENT SYSTEMS MATION SYSTEM.—The State board shall de- than age 24; velop a statewide workforce and labor mar- ‘‘(B) is a low-income individual; and SEC. 411. PURPOSE. ket information system described in section ‘‘(C) is an individual who is one or more of Section 106 (29 U.S.C. 2811) is amended by 15(e) of the Wagner-Peyser Act (29 U.S.C. 49l– the following: adding at the end the following: ‘‘It is also 2(e)), which may include using information ‘‘(i) A secondary school dropout. the purpose of this subtitle to provide work- collected under Federal law other than this ‘‘(ii) A youth in foster care (including force investment activities in a manner that Act by the State economic development en- youth aging out of foster care). enhances employer engagement, promotes tity or a related entity in developing such ‘‘(iii) A youth offender. customer choices in the selection of training system. ‘‘(iv) A youth who is an individual with a services, and ensures accountability in the ‘‘(4) EMPLOYER ENGAGEMENT.—The State disability. use of taxpayer funds.’’. board shall develop strategies, across local

VerDate Mar 15 2010 03:57 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.016 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2498 CONGRESSIONAL RECORD — SENATE April 29, 2014 areas, that meet the needs of employers and ‘‘(i) an assurance that such processes use in-demand industries and occupations impor- support economic growth in the State by en- quarterly wage records for performance tant to the State economy; hancing communication, coordination, and measures described in section 136(b)(2)(A) ‘‘(B) to meet the needs of employers in the collaboration among employers, economic that are applicable to such programs or ac- State; and development entities, and service providers. tivities; or ‘‘(C) to better coordinate workforce devel- ‘‘(5) DESIGNATION OF LOCAL AREAS.—The ‘‘(ii) if such wage records are not being opment programs with economic develop- State board shall designate local areas as re- used for the performance measures, an iden- ment activities; quired under section 116. tification of the barriers to using such wage ‘‘(18) a description of how the State board ‘‘(6) ONE-STOP DELIVERY SYSTEM.—The records and a description of how the State will convene (or help to convene) industry or State board shall identify and disseminate will address such barriers within 1 year of sector partnerships that lead to collabo- information on best practices for effective the approval of the plan;’’; rative planning, resource alignment, and operation of one-stop centers, including use (D) in paragraph (9), by striking ‘‘, includ- training efforts across a targeted cluster of of innovative business outreach, partner- ing comment by representatives of busi- multiple firms for a range of workers em- ships, and service delivery strategies. nesses and representatives of labor organiza- ployed or potentially employed by the indus- ‘‘(7) PROGRAM OVERSIGHT.—The State board tions,’’; try or sector— shall conduct the following program over- (E) in paragraph (11), by striking ‘‘under ‘‘(A) to encourage industry growth and sight: sections 127 and 132’’ and inserting ‘‘under competitiveness and to improve worker ‘‘(A) Reviewing and approving local plans section 132’’; training, retention, and advancement in the (F) by striking paragraph (12); under section 118. industry or sector; (G) by redesignating paragraphs (13) ‘‘(B) Ensuring the appropriate use and ‘‘(B) to address the immediate and long- through (18) as paragraphs (12) through (17), management of the funds provided for State term skilled workforce needs of in-demand respectively; employment and training activities author- industries, small businesses, and other occu- (H) in paragraph (12) (as so redesignated), ized under section 134. pations important to the State economy; and by striking ‘‘111(f)’’ and inserting ‘‘111(e)’’; ‘‘(C) Preparing an annual report to the ‘‘(C) to address critical skill gaps within (I) in paragraph (13) (as so redesignated), Secretary described in section 136(d). and across industries and sectors; ‘‘(8) DEVELOPMENT OF PERFORMANCE MEAS- by striking ‘‘134(c)’’ and inserting ‘‘121(e)’’; (J) in paragraph (14) (as so redesignated), ‘‘(19) a description of how the State will URES.—The State board shall develop and en- utilize technology, to facilitate access to sure continuous improvement of comprehen- by striking ‘‘116(a)(5)’’ and inserting ‘‘116(a)(3)’’; services in remote areas, which may be used sive State performance measures, including throughout the State; State adjusted levels of performance, as de- (K) in paragraph (16) (as so redesignated)— (i) in subparagraph (A)— ‘‘(20) a description of the State strategy scribed under section 136(b).’’; and assistance to be provided by the State (4) by striking subsection (e) and redesig- (I) in clause (ii)— (aa) by striking ‘‘to dislocated workers’’; for encouraging regional cooperation within nating subsection (f) as subsection (e); the State and across State borders, as appro- (5) in subsection (e) (as so redesignated), by and (bb) by inserting ‘‘and additional assist- priate; inserting ‘‘or participate in any action ‘‘(21) a description of the actions that will taken’’ after ‘‘vote’’; ance’’ after ‘‘rapid response activities’’; (II) in clause (iii), by striking ‘‘134(d)(4)’’ be taken by the State to foster communica- (6) by inserting after subsection (e) (as so and inserting ‘‘134(c)(4)’’; tion, coordination, and partnerships with redesignated), the following: (III) by striking ‘‘and’’ at the end of clause nonprofit organizations (including public li- ‘‘(f) STAFF.—The State board may employ (iii); braries, community, faith-based, and philan- staff to assist in carrying out the functions (IV) by amending clause (iv) to read as fol- thropic organizations) that provide employ- described in subsection (d).’’; and lows: ment-related, training, and complementary (7) in subsection (g), by inserting ‘‘elec- ‘‘(iv) how the State will serve the employ- services, to enhance the quality and com- tronic means and’’ after ‘‘on a regular basis ment and training needs of dislocated work- prehensiveness of services available to par- through’’. ers (including displaced homemakers), low- ticipants under this title; SEC. 413. STATE PLAN. income individuals (including recipients of ‘‘(22) a description of the process and meth- Section 112 (29 U.S.C. 2822)— public assistance such as supplemental nu- odology for determining— (1) in subsection (a)— trition assistance program benefits pursuant ‘‘(A) one-stop partner program contribu- (A) by striking ‘‘127 or’’; and to the Food and Nutrition Act of 2008 (7 tions for the costs of infrastructure of one- (B) by striking ‘‘5-year strategy’’ and in- U.S.C. 2011 et seq.)), long-term unemployed stop centers under section 121(h)(1); and serting ‘‘3-year strategy’’; individuals (including individuals who have ‘‘(B) the formula for allocating such infra- (2) in subsection (b)— exhausted entitlement to Federal and State structure funds to local areas under section (A) by amending paragraph (4) to read as unemployment compensation), English 121(h)(3); follows: learners, homeless individuals, individuals ‘‘(23) a description of the strategies and ‘‘(4) information describing— training for nontraditional employment, services that will be used in the State to as- ‘‘(A) the economic conditions in the State; youth (including out-of-school youth and at- sist at-risk youth and out-of-school youth in ‘‘(B) the immediate and long-term skilled risk youth), older workers, ex-offenders, mi- acquiring the education and skills, creden- workforce needs of in-demand industries, grant and seasonal farmworkers, refugees tials (including recognized postsecondary small businesses, and other occupations im- and entrants, veterans (including disabled credentials, such as industry-recognized cre- portant to the State economy; and homeless veterans), and Native Ameri- dentials), and employment experience to suc- ‘‘(C) the knowledge and skills of the work- cans; and’’; and ceed in the labor market, including— force in the State; and (V) by adding at the end the following new ‘‘(A) training and internships in in-demand ‘‘(D) workforce development activities (in- clause: industries or occupations important to the cluding education and training) in the ‘‘(v) how the State will— State and local economy; State;’’; ‘‘(I) consistent with section 188 and Execu- ‘‘(B) dropout recovery activities that are (B) by amending paragraph (7) to read as tive Order No. 13217 (42 U.S.C. 12131 note), designed to lead to the attainment of a reg- follows: serve the employment and training needs of ular secondary school diploma or its recog- ‘‘(7) a description of the State criteria for individuals with disabilities; and nized equivalent, or other State-recognized determining the eligibility of training serv- ‘‘(II) consistent with sections 504 and 508 of equivalent (including recognized alternative ices providers in accordance with section 122, the Rehabilitation Act of 1973 (29 U.S.C. 794, standards for individuals with disabilities); including how the State will take into ac- 794d), include the provision of outreach, in- and count the performance of providers and take, assessments, and service delivery, the ‘‘(C) activities combining remediation of whether the training services relate to in-de- development of performance measures, the academic skills, work readiness training, mand industries and other occupations im- training of staff, and other aspects of acces- and work experience, and including linkages portant to the State economy;’’; sibility for individuals with disabilities to to postsecondary education and training and (C) by amending paragraph (8) to read as programs and services under this subtitle;’’; career-ladder employment; and follows: and ‘‘(24) a description of— ‘‘(8)(A) a description of the procedures that (ii) in subparagraph (B), by striking ‘‘to ‘‘(A) how the State will furnish employ- will be taken by the State to assure coordi- the extent practicable’’ and inserting ‘‘in ac- ment, training, including training in ad- nation of, and avoid duplication among, the cordance with the requirements of the Jobs vanced manufacturing, supportive, and programs and activities identified under sec- for Veterans Act (Public Law 107–288) and the placement services to veterans, including tion 501(b)(2); and amendments made by such Act’’; and disabled and homeless veterans; ‘‘(B) a description of and an assurance re- (L) by striking paragraph (17) (as so redes- ‘‘(B) the strategies and services that will garding common data collection and report- ignated) and inserting the following: be used in the State to assist in and expedite ing processes used for the programs and ac- ‘‘(17) a description of the strategies and reintegration of homeless veterans into the tivities described in subparagraph (A), which services that will be used in the State— labor force; and are carried out by one-stop partners, includ- ‘‘(A) to more fully engage employers, in- ‘‘(C) the veterans population to be served ing— cluding small businesses and employers in in the State.’’;

VerDate Mar 15 2010 03:57 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.016 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 29, 2014 CONGRESSIONAL RECORD — SENATE S2499 (3) in subsection (c), by striking ‘‘period, shall not issue regulations governing deter- (3) by amending subsection (d) to read as that—’’ and all that follows through para- minations to be made under paragraph (1).’’; follows: graph (2) and inserting ‘‘period, that the plan (C) by striking paragraph (3); ‘‘(d) FUNCTIONS OF LOCAL BOARD.—The is inconsistent with the provisions of this (D) by striking paragraph (4); functions of the local board shall include the title.’’; and (E) by redesignating paragraph (5) as para- (4) in subsection (d), by striking ‘‘5-year’’ graph (3); and following: and inserting ‘‘3-year’’. (F) in paragraph (3) (as so redesignated), by ‘‘(1) LOCAL PLAN.—Consistent with section SEC. 414. LOCAL WORKFORCE INVESTMENT striking ‘‘(2) or (3)’’ both places it appears 118, each local board, in partnership with the AREAS. and inserting ‘‘(1)’’; chief elected official for the local area in- Section 116 (29 U.S.C. 2831) is amended— (2) by amending subsection (b) to read as volved, shall develop and submit a local plan (1) in subsection (a)— follows: to the Governor. ORKFORCE RESEARCH AND REGIONAL (A) by amending paragraph (1) to read as ‘‘(b) SINGLE STATES.—Consistent with sub- ‘‘(2) W follows: section (a), the State board of a State may LABOR MARKET ANALYSIS.— ‘‘(1) IN GENERAL.— designate the State as a single State local ‘‘(A) IN GENERAL.—The local board shall— ‘‘(A) PROCESS.—In order to receive an al- area for the purposes of this title.’’; and ‘‘(i) conduct, and regularly update, an lotment under section 132, a State, through (3) in subsection (c)— analysis of— the State board, shall establish a process to (A) in paragraph (1), by adding at the end ‘‘(I) the economic conditions in the local designate local workforce investment areas the following: ‘‘The State may require the area; within the State. Such process shall— local boards for the designated region to pre- ‘‘(II) the immediate and long-term skilled ‘‘(i) support the statewide workforce devel- pare a single regional plan that incorporates workforce needs of in-demand industries and opment system developed under section the elements of the local plan under section other occupations important to the local 111(d)(2), enabling the system to meet the 118 and that is submitted and approved in economy; workforce needs of the State and its local lieu of separate local plans under such sec- ‘‘(III) the knowledge and skills of the areas; tion.’’; and workforce in the local area; and ‘‘(ii) include consultation, prior to the des- (B) in paragraph (2), by striking ‘‘employ- ‘‘(IV) workforce development activities (in- ignation, with chief elected officials; ment statistics’’ and inserting ‘‘workforce cluding education and training) in the local ‘‘(iii) include consideration of comments and labor market information’’. area; and received on the designation through the pub- SEC. 415. LOCAL WORKFORCE INVESTMENT ‘‘(ii) assist the Governor in developing the lic comment process as described in section statewide workforce and labor market infor- 112(b)(9); and BOARDS. Section 117 (29 U.S.C. 2832) is amended— mation system described in section 15(e) of ‘‘(iv) require the submission of an applica- the Wagner-Peyser Act (29 U.S.C. 49l–2(e)). tion for approval under subparagraph (B). (1) in subsection (b)— ‘‘(B) EXISTING ANALYSIS.—In carrying out ‘‘(B) APPLICATION.—To obtain designation (A) in paragraph (2)— (i) in subparagraph (A)— requirements of subparagraph (A)(i), a local of a local area under this paragraph, a local board shall use an existing analysis, if any, or regional board (or consortia of local or re- (I) by striking ‘‘include—’’ and all that fol- by the local economic development entity or gional boards) seeking to take responsibility lows through ‘‘representatives’’ and insert- related entity. for the area under this Act shall submit an ing ‘‘include representatives’’; ‘‘(3) EMPLOYER ENGAGEMENT.—The local application to a State board at such time, in (II) by striking clauses (ii) through (vi); board shall meet the needs of employers and such manner, and containing such informa- (III) by redesignating subclauses (I) support economic growth in the local area by tion as the State board may require, includ- through (III) as clauses (i) through (iii), re- ing— spectively (and by moving the margins of enhancing communication, coordination, ‘‘(i) a description of the local area, includ- such clauses 2 ems to the left); and collaboration among employers, eco- ing the population that will be served by the (IV) by striking clause (ii) (as so redesig- nomic development entities, and service pro- local area, and the education and training nated) and inserting the following: viders. needs of its employers and workers; ‘‘(ii) represent businesses, including large ‘‘(4) BUDGET AND ADMINISTRATION.— ‘‘(ii) a description of how the local area is and small businesses, each of which has im- ‘‘(A) BUDGET.— consistent or aligned with— mediate and long-term employment opportu- ‘‘(i) IN GENERAL.—The local board shall de- ‘‘(I) service delivery areas (as determined nities in an in-demand industry or other oc- velop a budget for the activities of the local by the State); cupation important to the local economy; board in the local area, consistent with the ‘‘(II) labor market areas; and and’’; and requirements of this subsection. ‘‘(III) economic development regions; (V) by striking the semicolon at the end of ‘‘(ii) TRAINING RESERVATION.—In developing ‘‘(iii) a description of the eligible providers clause (iii) (as so redesignated) and inserting a budget under clause (i), the local board of education and training, including postsec- ‘‘; and’’; and shall reserve a percentage of funds to carry ondary educational institutions such as com- (ii) by amending subparagraph (B) to read out the activities specified in section munity colleges, located in the local area as follows: 134(c)(4). The local board shall use the anal- and available to meet the needs of the local ‘‘(B) may include such other individuals or ysis conducted under paragraph (2)(A)(i) to workforce; representatives of entities as the chief elect- determine the appropriate percentage of ‘‘(iv) a description of the distance that in- ed official in the local area may determine funds to reserve under this clause. dividuals will need to travel to receive serv- to be appropriate, including— ‘‘(B) ADMINISTRATION.— ices provided in such local area; and ‘‘(i) the superintendent or other employee ‘‘(i) GRANT RECIPIENT.—The chief elected ‘‘(v) any other criteria that the State of the local educational agency who has pri- official in a local area shall serve as the board may require. mary responsibility for secondary education, local grant recipient for, and shall be liable ‘‘(C) PRIORITY.—In designating local areas the presidents or chief executive officers of for any misuse of, the grant funds allocated under this paragraph, a State board shall postsecondary educational institutions (in- to the local area under section 133, unless give priority consideration to an area pro- cluding a community college, where such an the chief elected official reaches an agree- posed by an applicant demonstrating that a entity exists), or administrators of local en- ment with the Governor for the Governor to designation as a local area under this para- tities providing adult education and family act as the local grant recipient and bear such graph will result in the reduction of overlap- literacy education activities; liability. ping service delivery areas, local market ‘‘(ii) representatives of community-based ‘‘(ii) DESIGNATION.—In order to assist in ad- areas, or economic development regions. organizations (including organizations rep- ministration of the grant funds, the chief ‘‘(D) ALIGNMENT WITH LOCAL PLAN.—A resenting individuals with disabilities and elected official or the Governor, where the State may designate an area proposed by an veterans, for a local area in which such orga- Governor serves as the local grant recipient applicant as a local area under this para- nizations are present); or for a local area, may designate an entity to graph for a period not to exceed 3 years. ‘‘(iii) representatives of veterans service serve as a local grant subrecipient for such ‘‘(E) REFERENCES.—For purposes of this organizations.’’; funds or as a local fiscal agent. Such des- Act, a reference to a local area— (B) in paragraph (4)— ignation shall not relieve the chief elected ‘‘(i) used with respect to a geographic area, (i) by striking ‘‘A majority’’ and inserting official or the Governor of the liability for refers to an area designated under this para- ‘‘A 2⁄3 majority’’; and any misuse of grant funds as described in graph; and (ii) by striking ‘‘(2)(A)(i)’’ and inserting clause (i). ‘‘(ii) used with respect to an entity, refers ‘‘(2)(A)’’; and ‘‘(iii) DISBURSAL.—The local grant recipi- to the applicant.’’; (C) in paragraph (5), by striking ‘‘(2)(A)(i)’’ ent or an entity designated under clause (ii) (B) by amending paragraph (2) to read as and inserting ‘‘(2)(A)’’; shall disburse the grant funds for workforce follows: (2) in subsection (c)— investment activities at the direction of the ‘‘(2) TECHNICAL ASSISTANCE.—The Secretary (A) in paragraph (1), by striking subpara- local board, pursuant to the requirements of shall, if requested by the Governor of a graph (C); and this title. The local grant recipient or entity State, provide the State with technical as- (B) in paragraph (3)(A)(ii), by striking designated under clause (ii) shall disburse sistance in making the determinations re- ‘‘paragraphs (1) through (7)’’ and inserting the funds immediately on receiving such di- quired under paragraph (1). The Secretary ‘‘paragraphs (1) through (8)’’; rection from the local board.

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‘‘(C) STAFF.—The local board may employ (2) by amending subsection (b) to read as take, assessments, and service delivery, the staff to assist in carrying out the functions follows: development of performance measures, the described in this subsection. ‘‘(b) CONTENTS.—The local plan shall in- training of staff, and other aspects of acces- ‘‘(D) GRANTS AND DONATIONS.—The local clude— sibility for individuals with disabilities to board may solicit and accept grants and do- ‘‘(1) a description of the analysis of the programs and services under this subtitle; nations from sources other than Federal local area’s economic and workforce condi- ‘‘(8) a description of the local levels of per- funds made available under this Act. tions conducted under subclauses (I) through formance negotiated with the Governor and ‘‘(5) SELECTION OF OPERATORS AND PRO- (IV) of section 117(d)(2)(A)(i), and an assur- chief elected official pursuant to section VIDERS.— ance that the local board will use such anal- 136(c), to be— ‘‘(A) SELECTION OF ONE-STOP OPERATORS.— ysis to carry out the activities under this ‘‘(A) used to measure the performance of Consistent with section 121(d), the local subtitle; the local area; and board, with the agreement of the chief elect- ‘‘(2) a description of the one-stop delivery ‘‘(B) used by the local board for measuring ed official— system in the local area, including— performance of the local fiscal agent (where ‘‘(i) shall designate or certify one-stop op- ‘‘(A) a description of how the local board appropriate), eligible providers, and the one- erators as described in section 121(d)(2)(A); will ensure— stop delivery system, in the local area; and ‘‘(i) the continuous improvement of eligi- ‘‘(9) a description of the process used by ‘‘(ii) may terminate for cause the eligi- ble providers of services through the system; the local board, consistent with subsection bility of such operators. and (c), to provide an opportunity for public com- ‘‘(B) IDENTIFICATION OF ELIGIBLE TRAINING ‘‘(ii) that such providers meet the employ- ment prior to submission of the plan; SERVICE PROVIDERS.—Consistent with this ment needs of local businesses and partici- ‘‘(10) a description of how the local area subtitle, the local board shall identify eligi- pants; and will serve the employment and training ble providers of training services described ‘‘(B) a description of how the local board needs of dislocated workers (including dis- in section 134(c)(4) in the local area, annually will facilitate access to services described in placed homemakers), low-income individuals review the outcomes of such eligible pro- section 117(d)(8) and provided through the (including recipients of public assistance viders using the criteria under section one-stop delivery system consistent with such as supplemental nutrition assistance 122(b)(2), and designate such eligible pro- section 117(d)(8); program benefits pursuant to the Food and viders in the local area who have dem- ‘‘(3) a description of the strategies and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.)), onstrated the highest level of success with services that will be used in the local area— long-term unemployed individuals (including ‘‘(A) to more fully engage employers, in- respect to such criteria as priority eligible individuals who have exhausted entitlement cluding small businesses and employers in providers for the program year following the to Federal and State unemployment com- in-demand industries and occupations impor- review. pensation), English learners, homeless indi- tant to the local economy; viduals, individuals training for nontradi- ‘‘(C) IDENTIFICATION OF ELIGIBLE PROVIDERS ‘‘(B) to meet the needs of employers in the tional employment, youth (including out-of- OF WORK READY SERVICES.—If the one-stop op- local area; erator does not provide the services de- school youth and at-risk youth), older work- ‘‘(C) to better coordinate workforce devel- scribed in section 134(c)(2) in the local area, ers, ex-offenders, migrant and seasonal farm- opment programs with economic develop- the local board shall identify eligible pro- workers, refugees and entrants, veterans (in- ment activities; and cluding disabled veterans and homeless vet- viders of such services in the local area by ‘‘(D) to better coordinate workforce devel- erans), and Native Americans; awarding contracts. opment programs with employment, train- ‘‘(11) an identification of the entity respon- ‘‘(6) PROGRAM OVERSIGHT.—The local board, ing, and literacy services carried out by non- sible for the disbursal of grant funds de- in partnership with the chief elected official, profit organizations, including public librar- scribed in section 117(d)(4)(B)(iii), as deter- shall be responsible for— ies, as appropriate; mined by the chief elected official or the ‘‘(A) ensuring the appropriate use and ‘‘(4) a description of how the local board Governor under such section; management of the funds provided for local will convene (or help to convene) industry or ‘‘(12) a description of the strategies and employment and training activities author- sector partnerships that lead to collabo- services that will be used in the local area to ized under section 134(b); and rative planning, resource alignment, and assist at-risk youth and out-of-school youth ‘‘(B) conducting oversight of the one-stop training efforts across multiple firms for a in acquiring the education and skills, cre- delivery system, in the local area, authorized range of workers employed or potentially dentials (including recognized postsecondary under section 121. employed by a targeted industry or sector— credentials, such as industry-recognized cre- ‘‘(7) NEGOTIATION OF LOCAL PERFORMANCE ‘‘(A) to encourage industry growth and dentials), and employment experience to suc- MEASURES.—The local board, the chief elect- competitiveness and to improve worker ceed in the labor market, including— ed official, and the Governor shall negotiate training, retention, and advancement in the ‘‘(A) training and internships in in-demand and reach agreement on local performance targeted industry or sector; industries or occupations important to the measures as described in section 136(c). ‘‘(B) to address the immediate and long- local economy; ‘‘(8) TECHNOLOGY IMPROVEMENTS.—The term skilled workforce needs of in-demand ‘‘(B) dropout recovery activities that are local board shall develop strategies for tech- industries, small businesses, and other occu- designed to lead to the attainment of a reg- nology improvements to facilitate access to pations important to the local economy; and ular secondary school diploma or its recog- services authorized under this subtitle and ‘‘(C) to address critical skill gaps within nized equivalent, or other State-recognized carried out in the local area, including ac- and across industries and sectors; equivalent (including recognized alternative cess in remote areas.’’; ‘‘(5) a description of how the funds reserved standards for individuals with disabilities); (4) in subsection (e)— under section 117(d)(4)(A)(ii) will be used to and (A) by inserting ‘‘electronic means and’’ carry out activities described in section ‘‘(C) activities combining remediation of after ‘‘regular basis through’’; and 134(c)(4); academic skills, work readiness training, (B) by striking ‘‘and the award of grants or ‘‘(6) a description of how the local board and work experience, and including linkages contracts to eligible providers of youth ac- will coordinate workforce investment activi- to postsecondary education and training and tivities,’’; ties carried out in the local area with state- career-ladder employment; (5) in subsection (f)— wide workforce investment activities, as ap- ‘‘(13) a description of— (A) in paragraph (1)(A), by striking ‘‘sec- propriate; ‘‘(A) how the local area will furnish em- tion 134(d)(4)’’ and inserting ‘‘section ‘‘(7) a description of how the local area ployment, training, including training in ad- 134(c)(4)’’; and will— vanced manufacturing, supportive, and (B) by striking paragraph (2) and inserting ‘‘(A) coordinate activities with the local placement services to veterans, including the following: area’s disability community, and with tran- disabled and homeless veterans; ‘‘(2) WORK READY SERVICES; DESIGNATION OR sition services (as defined under section 602 ‘‘(B) the strategies and services that will CERTIFICATION AS ONE-STOP OPERATORS.—A of the Individuals with Disabilities Edu- be used in the local area to assist in and ex- local board may provide work ready services cation Act (20 U.S.C. 1401)) provided under pedite reintegration of homeless veterans described in section 134(c)(2) through a one- that Act by local educational agencies serv- into the labor force; and stop delivery system described in section 121 ing such local area, to make available com- ‘‘(C) the veteran population to be served in or be designated or certified as a one-stop op- prehensive, high-quality services to individ- the local area; erator only with the agreement of the chief uals with disabilities; ‘‘(14) a description of— elected official and the Governor.’’; ‘‘(B) consistent with section 188 and Execu- ‘‘(A) the duties assigned to the veteran em- (6) in subsection (g)(1), by inserting ‘‘or tive Order No. 13217 (42 U.S.C. 12131 note), ployment specialist consistent with the re- participate in any action taken’’ after serve the employment and training needs of quirements of section 134(f); ‘‘vote’’; and individuals with disabilities, with a focus on ‘‘(B) the manner in which the veteran em- (7) by striking subsections (h) and (i). employment that fosters independence and ployment specialist is integrated into the SEC. 416. LOCAL PLAN. integration into the workplace; and one-stop career system described in section Section 118 (29 U.S.C. 2833) is amended— ‘‘(C) consistent with sections 504 and 508 of 121; (1) in subsection (a), by striking ‘‘5-year’’ the Rehabilitation Act of 1973 (29 U.S.C. 794, ‘‘(C) the date on which the veteran employ- and inserting ‘‘3-year’’; 794d), include the provision of outreach, in- ment specialist was assigned; and

VerDate Mar 15 2010 03:57 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.016 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 29, 2014 CONGRESSIONAL RECORD — SENATE S2501 ‘‘(D) whether the veteran employment spe- (i) in subparagraph (A)(i), by striking ‘‘sec- ‘‘(D) provide access to programs and activi- cialist has satisfactorily completed related tion 134(d)(2)’’ and inserting ‘‘section ties carried out by one-stop partners that are training by the National Veterans’ Employ- 134(c)(2)’’; and described in subsection (b); and ment and Training Services Institute; and (ii) in subparagraph (B)— ‘‘(E) provide access to the data and infor- ‘‘(15) such other information as the Gov- (I) by striking clauses (i), (ii), and (v); mation described in subparagraphs (A) and ernor may require.’’; and (II) in clause (iv), by striking ‘‘and’’ at the (B) of section 15(a)(1) of the Wagner-Peyser (3) in subsection (c)— end; Act (29 U.S.C. 49l–2(a)(1)). (A) in paragraph (1), by striking ‘‘such (III) by redesignating clauses (iii) and (iv) ‘‘(2) ONE-STOP DELIVERY.—At a minimum, means’’ and inserting ‘‘electronic means and as clauses (i) and (ii), respectively; and the one-stop delivery system— such means’’; and (IV) by adding at the end the following: ‘‘(A) shall make each of the programs, (B) in paragraph (2), by striking ‘‘, includ- ‘‘(iii) employment and training programs services, and activities described in para- ing representatives of business and rep- administered by the Commissioner of the So- graph (1) accessible at not less than one resentatives of labor organizations,’’. cial Security Administration; physical center in each local area of the ‘‘(iv) employment and training programs State; and SEC. 417. ESTABLISHMENT OF ONE-STOP DELIV- carried out by the Administrator of the ‘‘(B) may also make programs, services, ERY SYSTEM. Small Business Administration; and activities described in paragraph (1) Section 121 (29 U.S.C. 2841) is amended— ‘‘(v) employment, training, and literacy available— (1) in subsection (b)— services carried out by public libraries; and ‘‘(i) through a network of affiliated sites (A) by striking subparagraph (A) of para- ‘‘(vi) other appropriate Federal, State, or that can provide one or more of the pro- graph (1) and inserting the following: local programs, including programs in the grams, services, and activities to individ- uals; and ‘‘(A) ROLES AND RESPONSIBILITIES OF ONE- private sector.’’; ‘‘(ii) through a network of eligible one-stop STOP PARTNERS.—Each entity that carries (2) in subsection (c)(2), by amending sub- out a program or activities described in sub- paragraph (A) to read as follows: partners— ‘‘(I) in which each partner provides one or paragraph (B) shall— ‘‘(A) provisions describing— more of the programs, services, and activi- ‘‘(i) provide access through a one-stop de- ‘‘(i) the services to be provided through the ties to such individuals and is accessible at livery system to the program or activities one-stop delivery system consistent with the an affiliated site that consists of a physical carried out by the entity, including making requirements of this section, including the location or an electronically- or techno- the work ready services described in section manner in which the services will be coordi- nated through such system; logically-linked access point; and 134(c)(2) that are applicable to the program ‘‘(II) that assures individuals that informa- or activities of the entity available at one- ‘‘(ii) how the costs of such services and the operating costs of such system will be fund- tion on the availability of the work ready stop centers (in addition to any other appro- services will be available regardless of where priate locations); ed, through cash and in-kind contributions, to provide a stable and equitable funding the individuals initially enter the statewide ‘‘(ii) use a portion of the funds available to workforce investment system, including in- the program or activities of the entity to stream for ongoing one-stop system oper- ations, including the funding of the costs of formation made available through an access maintain the one-stop delivery system, in- point described in subclause (I). infrastructure of one-stop centers in accord- cluding payment of the costs of infrastruc- ‘‘(3) SPECIALIZED CENTERS.—The centers ance with subsection (h); ture of one-stop centers in accordance with and sites described in paragraph (2) may ‘‘(iii) methods of referral of individuals be- subsection (h); have a specialization in addressing special tween the one-stop operator and the one-stop ‘‘(iii) enter into a local memorandum of needs.’’; and partners for appropriate services and activi- understanding with the local board, relating (5) by adding at the end the following: ties, including referrals for training for non- to the operation of the one-stop delivery sys- ‘‘(g) CERTIFICATION OF ONE-STOP CEN- traditional employment; and tem, that meets the requirements of sub- TERS.— section (c); and ‘‘(iv) the duration of the memorandum of ‘‘(1) IN GENERAL.— ‘‘(iv) participate in the operation of the understanding and the procedures for amend- ‘‘(A) IN GENERAL.—The State board shall one-stop delivery system consistent with the ing the memorandum during the term of the establish objective procedures and criteria terms of the memorandum of understanding, memorandum, and assurances that such for certifying, at least once every 3 years, the requirements of this title, and the re- memorandum shall be reviewed not less than one-stop centers for the purpose of awarding quirements of the Federal laws authorizing once every 3-year period to ensure appro- the one-stop infrastructure funding described the program or activities carried out by the priate funding and delivery of services under in subsection (h). entity.’’; the memorandum; and’’; ‘‘(B) CRITERIA.—The criteria for certifi- (B) in paragraph (1)(B)— (3) in subsection (d)— cation of a one-stop center under this sub- (i) by striking clauses (ii), (v), and (vi); (A) in the heading for paragraph (1), by section shall include— (ii) by redesignating clauses (iii) and (iv) as striking ‘‘DESIGNATION AND CERTIFICATION’’ ‘‘(i) meeting the expected levels of per- clauses (ii) and (iii), respectively; and inserting ‘‘LOCAL DESIGNATION AND CER- formance for each of the corresponding core (iii) by redesignating clauses (vii) through TIFICATION’’; indicators of performance as outlined in the (xii) as clauses (iv) through (ix), respec- (B) in paragraph (2)— State plan under section 112; tively; (i) by striking ‘‘section 134(c)’’ and insert- ‘‘(ii) meeting minimum standards relating (iv) in clause (ii), as so redesignated, by ing ‘‘subsection (e)’’; to the scope and degree of service integra- striking ‘‘adult education and literacy ac- (ii) by amending subparagraph (A) to read tion achieved by the center, involving the tivities’’ and inserting ‘‘adult education and as follows: programs provided by the one-stop partners; family literacy education activities’’ ‘‘(A) shall be designated or certified as a and (v) in clause (viii), as so redesignated, by one-stop operator through a competitive ‘‘(iii) meeting minimum standards relating striking ‘‘and’’ at the end; process; and’’; and to how the center ensures that eligible pro- (vi) in clause (ix), as so redesignated, by (iii) in subparagraph (B), by striking clause viders meet the employment needs of local striking the period and inserting ‘‘; and’’; (ii) and redesignating clauses (iii) through employers and participants. and (vi) as clauses (ii) through (v), respectively; ‘‘(C) EFFECT OF CERTIFICATION.—One-stop (vii) by adding at the end the following: and centers certified under this subsection shall ‘‘(x) subject to subparagraph (C), programs (C) in paragraph (3), by striking ‘‘voca- be eligible to receive the infrastructure fund- authorized under part A of title IV of the So- tional’’ and inserting ‘‘career and technical’’; ing authorized under subsection (h). cial Security Act (42 U.S.C. 601 et seq.).’’; (4) by amending subsection (e) to read as ‘‘(2) LOCAL BOARDS.—Consistent with the (C) by inserting after paragraph (1)(B) the follows: criteria developed by the State, the local following: ‘‘(e) ESTABLISHMENT OF ONE-STOP DELIVERY board may develop, for certification referred ‘‘(C) DETERMINATION BY THE GOVERNOR.— SYSTEM.— to in paragraph (1)(A), additional criteria or Each entity carrying out a program de- ‘‘(1) IN GENERAL.—There shall be estab- higher standards on the criteria referred to scribed in subparagraph (B)(x) shall be con- lished in a State that receives an allotment in paragraph (1)(B) to respond to local labor sidered to be a one-stop partner under this under section 132(b) a one-stop delivery sys- market and demographic conditions and title and carry out the required partner ac- tem, which shall— trends. tivities described in subparagraph (A) unless ‘‘(A) provide the work ready services de- ‘‘(h) ONE-STOP INFRASTRUCTURE FUNDING.— the Governor of the State in which the local scribed in section 134(c)(2); ‘‘(1) PARTNER CONTRIBUTIONS.— area is located provides the Secretary and ‘‘(B) provide access to training services as ‘‘(A) PROVISION OF FUNDS.—Notwith- Secretary of Health and Human Services described in paragraph (4) of section 134(c), standing any other provision of law, as de- written notice of a determination by the including serving as the point of access to termined under subparagraph (B), a portion Governor that such an entity shall not be career enhancement accounts for training of the Federal funds provided to the State considered to be such a partner and shall not services to participants in accordance with and areas within the State under the Federal carry out such required partner activities.’’; paragraph (4)(F) of such section; laws authorizing the one-stop partner pro- and ‘‘(C) provide access to the activities car- grams described in subsection (b)(1)(B) and (D) in paragraph (2)— ried out under section 134(d), if any; participating additional partner programs

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described in subsection (b)(2)(B), for a fiscal ‘‘(4) COSTS OF INFRASTRUCTURE.—For pur- the provider remains certified by the Sec- year shall be provided to the Governor by poses of this subsection, the term ‘costs of retary of Labor to carry out the programs. such partners to carry out this subsection. infrastructure’ means the nonpersonnel costs ‘‘(b) CRITERIA.— ‘‘(B) DETERMINATION OF GOVERNOR.— that are necessary for the general operation ‘‘(1) IN GENERAL.—The criteria established ‘‘(i) IN GENERAL.—Subject to subparagraph of a one-stop center, including the rental by the Governor pursuant to subsection (a) (C), the Governor, in consultation with the costs of the facilities involved, and the costs shall take into account— State board, shall determine the portion of of utilities and maintenance, and equipment ‘‘(A) the performance of providers of train- funds to be provided under subparagraph (A) (including assistive technology for individ- ing services with respect to the performance by each one-stop partner and in making such uals with disabilities). measures described in section 136, measures determination shall consider the propor- ‘‘(i) OTHER FUNDS.— for other matters for which information is tionate use of the one-stop centers in the ‘‘(1) IN GENERAL.—In addition to the funds required under paragraph (2), and other ap- State by each such partner, the costs of ad- provided under subsection (h), a portion of propriate measures of performance outcomes ministration for purposes not related to one- funds made available under Federal law au- for those participants receiving training stop centers for each such partner, and other thorizing the one-stop partner programs de- services under this subtitle; relevant factors described in paragraph (3). scribed in subsection (b)(1)(B) and partici- ‘‘(B) whether the training programs of such ‘‘(ii) SPECIAL RULE.—In those States where pating additional partner programs de- the State constitution places policy-making scribed in subsection (b)(2)(B), or the providers relate to in-demand industries or authority that is independent of the author- noncash resources available under such 2 occupations important to the local economy; ity of the Governor in an entity or official types of programs, shall be used to pay the ‘‘(C) the need to ensure access to training with respect to the funds provided for adult costs relating to the operation of the one- services throughout the State, including in education and family literacy education ac- stop delivery system that are not paid for rural areas; tivities authorized under title II and for from the funds provided under subsection (h), ‘‘(D) the ability of the providers to offer postsecondary career and technical edu- to the extent not inconsistent with the Fed- programs that lead to a recognized postsec- cation activities authorized under the Carl eral law involved. Such portion shall be used ondary credential, and the quality of such D. Perkins Career and Technical Education to pay for costs including— programs; Act of 2006 (20 U.S.C. 2301 et seq.), the deter- ‘‘(A) costs of infrastructure (as defined in ‘‘(E) the performance of the providers as mination described in clause (i) with respect subsection (h)) that are in excess of the funds reflected in the information such providers to the corresponding 2 programs shall be provided under subsection (h); are required to report to State agencies with made by the Governor with the appropriate ‘‘(B) common costs that are in addition to respect to other Federal and State programs entity or official with such independent pol- the costs of infrastructure (as so defined); (other than the program carried out under icy-making authority. and this subtitle), including one-stop partner ‘‘(iii) APPEAL BY ONE-STOP PARTNERS.—The ‘‘(C) the costs of the provision of work programs; and Governor shall establish a procedure for the ready services applicable to each program. ‘‘(F) such other factors as the Governor de- one-stop partner administering a program ‘‘(2) DETERMINATION AND STANDARDS.—The termines are appropriate. described in subsection (b) and subparagraph method for determining the appropriate por- ‘‘(2) INFORMATION.—The criteria estab- (A) to appeal a determination regarding the tion of funds and noncash resources to be lished by the Governor shall require that a portion of funds to be provided under this provided by each program under paragraph provider of training services submit appro- paragraph on the basis that such determina- (1) shall be determined as part of the memo- priate, accurate, and timely information to tion is inconsistent with the requirements randum of understanding under subsection the State for purposes of carrying out sub- described in the State plan for the program (c). The State board shall provide standards section (d), with respect to participants re- or with the requirements of this paragraph. to facilitate the determination of appro- ceiving training services under this subtitle Such procedure shall ensure prompt resolu- priate allocation of the funds and noncash in the applicable program, including— tion of the appeal. resources to local areas.’’. ‘‘(A) information on recognized postsec- ‘‘(C) LIMITATIONS.— ondary credentials received by such partici- ‘‘(i) PROVISION FROM ADMINISTRATIVE SEC. 418. IDENTIFICATION OF ELIGIBLE PRO- VIDERS OF TRAINING SERVICES. pants; FUNDS.—The funds provided under this para- ‘‘(B) information on costs of attendance for graph by a one-stop partner shall be provided Section 122 (29 U.S.C. 2842) is amended to read as follows: such participants; only from funds available for the costs of ad- ‘‘(C) information on the program comple- ministration under the program adminis- ‘‘SEC. 122. IDENTIFICATION OF ELIGIBLE PRO- tion rate for such participants; and VIDERS OF TRAINING SERVICES. tered by such partner, and shall be subject to ‘‘(D) information on the performance of the ‘‘(a) ELIGIBILITY.— the limitations with respect to the portion of provider with respect to the performance ‘‘(1) IN GENERAL.—The Governor, after con- funds under such program that may be used measures described in section 136 for such sultation with the State board, shall estab- for administration. participants. ‘‘(ii) FEDERAL DIRECT SPENDING PRO- lish criteria and procedures regarding the ‘‘(3) RENEWAL.—The criteria established by eligibility of providers of training services GRAMS.— the Governor shall also provide for a review ‘‘(I) IN GENERAL.—A program that provides described in section 134(c)(4) to receive funds on the criteria every 3 years and renewal of Federal direct spending under section provided under section 133(b) for the provi- eligibility under this section for providers of 250(c)(8) of the Balanced Budget and Emer- sion of such training services and be included training services. gency Deficit Control Act of 1985 (2 U.S.C. on the list of eligible providers of training ‘‘(4) LOCAL CRITERIA.—A local board in the 900(c)(8)) shall not, for purposes of this para- services described in subsection (d). State may establish criteria in addition to graph, be required to provide more than the ‘‘(2) PROVIDERS.—Subject to the provisions the criteria established by the Governor, or maximum amount determined under sub- of this section, to be eligible to receive the may require higher levels of performance clause (II). funds and be included on the list, the pro- than required on the criteria established by ‘‘(II) MAXIMUM AMOUNT.—The maximum vider shall be— the Governor, for purposes of determining amount for the program is the amount that ‘‘(A) a postsecondary educational institu- the eligibility of providers of training serv- bears the same relationship to the costs re- tion that— ices under this section in the local area in- ferred to in paragraph (2) for the State as the ‘‘(i) is eligible to receive Federal funds volved. use of the one-stop centers by such program under title IV of the Higher Education Act of ‘‘(5) LIMITATION.—In carrying out the re- bears to the use of such centers by all one- 1965 (20 U.S.C. 1070 et seq.); and quirements of this subsection, no entity may stop partner programs in the State. ‘‘(ii) provides a program that leads to a disclose personally identifiable information ‘‘(2) ALLOCATION BY GOVERNOR.—From the recognized postsecondary credential; regarding a student, including a Social Secu- funds provided under paragraph (1), the Gov- ‘‘(B) an entity that carries out programs rity number, student identification number, ernor shall allocate funds to local areas in under the Act of August 16, 1937 (commonly or other identifier, without the prior written accordance with the formula established known as the ‘National Apprenticeship Act’; consent of the parent or student in compli- under paragraph (3) for the purposes of as- 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); ance with section 444 of the General Edu- sisting in paying the costs of infrastructure or cation Provisions Act (20 U.S.C. 1232g). of one-stop centers certified under sub- ‘‘(C) another public or private provider of a section (g). program of training services. ‘‘(c) PROCEDURES.—The procedures estab- ‘‘(3) ALLOCATION FORMULA.—The State ‘‘(3) INCLUSION IN LIST OF ELIGIBLE PRO- lished under subsection (a) shall— board shall develop a formula to be used by VIDERS.—A provider described in subpara- ‘‘(1) identify— the Governor to allocate the funds provided graph (A) or (C) of paragraph (2) shall comply ‘‘(A) the application process for a provider under paragraph (1) to local areas. The for- with the criteria and procedures established of training services to become eligible under mula shall include such factors as the State under this subsection to be eligible to re- this section; and board determines are appropriate, which ceive the funds and be included on the list. A ‘‘(B) the respective roles of the State and may include factors such as the number of provider described in paragraph (2)(B) shall local areas in receiving and reviewing appli- centers in a local area that have been cer- be eligible to receive the funds and be in- cations and in making determinations of eli- tified, the population served by such centers, cluded on the list with respect to programs gibility based on the criteria established and the performance of such centers. described in paragraph (2)(B) for so long as under this section; and

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‘‘(2) establish a process, for a provider of quire, determine whether the providers meet ‘‘(A) IN GENERAL.—After determining the training services to appeal a denial or termi- such performance criteria as the Governor amount to be reserved under paragraph (1), nation of eligibility under this section, that may require, and disseminate information the Secretary shall allot the remainder of includes an opportunity for a hearing and identifying providers that meet the criteria the amount referred to in subsection (a)(5) prescribes appropriate time limits to ensure as eligible providers, and the performance in- for a fiscal year to the States pursuant to prompt resolution of the appeal. formation, through the one-stop delivery subparagraph (B) for employment and train- ‘‘(d) INFORMATION TO ASSIST PARTICIPANTS system. Providers determined to meet the ing activities and statewide workforce in- IN CHOOSING PROVIDERS.—In order to facili- criteria shall be considered to be identified vestment activities. tate and assist participants under chapter 5 as eligible under this section, to be providers ‘‘(B) FORMULA.—Subject to subparagraphs in choosing providers of training services, of the training services involved.’’. (C) and (D), of the remainder— the Governor shall ensure that an appro- SEC. 419. GENERAL AUTHORIZATION. ‘‘(i) 25 percent shall be allotted on the priate list of providers determined eligible Chapter 5 of subtitle B of title I is amend- basis of the relative number of unemployed under this section in the State, including in- ed— individuals in areas of substantial unemploy- formation provided under subsection (b)(2) (1) by striking the heading for chapter 5 ment in each State, compared to the total with respect to such providers, is provided to and inserting the following: ‘‘EMPLOYMENT number of unemployed individuals in areas the local boards in the State and is made AND TRAINING ACTIVITIES’’; and of substantial unemployment in all States; available to such participants and to mem- (2) in section 131 (29 U.S.C. 2861)— ‘‘(ii) 25 percent shall be allotted on the bers of the public through the one-stop deliv- (A) by striking ‘‘paragraphs (1)(B) and basis of the relative number of individuals in ery system in the State. (2)(B) of’’; and the civilian labor force in each State, com- ‘‘(e) ENFORCEMENT.— (B) by striking ‘‘adults, and dislocated pared to the total number of such individuals ‘‘(1) IN GENERAL.—The procedures estab- workers,’’ and inserting ‘‘individuals’’. in all States; lished under this section shall provide the ‘‘(iii) 25 percent shall be allotted on the following: SEC. 420. STATE ALLOTMENTS. basis of the relative number of individuals in ‘‘(A) INTENTIONALLY SUPPLYING INACCURATE Section 132 (29 U.S.C. 2862) is amended— each State who have been unemployed for 15 INFORMATION.—Upon a determination, by an (1) by amending subsection (a) to read as weeks or more, compared to the total num- individual or entity specified in the proce- follows: ber of individuals in all States who have dures, that a provider of training services, or ‘‘(a) IN GENERAL.—The Secretary shall— been unemployed for 15 weeks or more; and 1 individual providing information on behalf of ‘‘(1) reserve ⁄2 of 1 percent of the total ‘‘(iv) 25 percent shall be allotted on the the provider, intentionally supplied inac- amount appropriated under section 137 for a basis of the relative number of disadvan- curate information under this section, the fiscal year, of which— taged youth in each State, compared to the eligibility of such provider under this sec- ‘‘(A) 50 percent shall be used to provide total number of disadvantaged youth in all tion shall be terminated for a period of time technical assistance under section 170; and States. that is not less than 2 years. ‘‘(B) 50 percent shall be used for evalua- ‘‘(C) MINIMUM AND MAXIMUM PERCENT- ‘‘(B) SUBSTANTIAL VIOLATIONS.—Upon a de- tions under section 172; AGES.— termination, by an individual or entity spec- ‘‘(2) reserve 1 percent of the total amount ‘‘(i) MINIMUM PERCENTAGE.—The Secretary ified in the procedures, that a provider of appropriated under section 137 for a fiscal shall ensure that no State shall receive an training services substantially violated any year to make grants to, and enter into con- allotment under this paragraph for— requirement under this title, the eligibility tracts or cooperative agreements with Indian ‘‘(I) each of fiscal years 2015 through 2017, of such provider under this section shall be tribes, tribal organizations, Alaska Native that is less than 100 percent of the allotment terminated for a period of time that is not entities, Indian-controlled organizations percentage of the State for fiscal year 2013; less than 10 years. serving Indians, or Native Hawaiian organi- and ‘‘(C) REPAYMENT.—A provider of training zations to carry out employment and train- ‘‘(II) fiscal year 2018 and each succeeding services whose eligibility is terminated ing activities; fiscal year, that is less than 90 percent of the under subparagraph (A) or (B) shall be liable ‘‘(3) reserve not more than 25 percent of allotment percentage of the State for the fis- for the repayment of funds received under the total amount appropriated under section cal year preceding the fiscal year involved. chapter 5 during a period of noncompliance 137 for a fiscal year to carry out the Jobs ‘‘(ii) MAXIMUM PERCENTAGE.—Subject to described in such subparagraph. For purposes Corps program under subtitle C; clause (i), the Secretary shall ensure that no of subparagraph (A), that period shall be con- ‘‘(4) reserve not more than 3.5 percent of State shall receive an allotment under this sidered to be the period beginning on the the total amount appropriated under section paragraph for— date on which the inaccurate information de- 137 for a fiscal year to— ‘‘(I) each of fiscal years 2015 through 2017, scribed in subparagraph (A) was supplied, ‘‘(A) make grants to State boards or local that is more than 130 percent of the allot- and ending on the date of the termination boards to provide employment and training ment percentage of the State for fiscal year described in subparagraph (A). assistance to workers affected by major eco- 2013; and ‘‘(2) CONSTRUCTION.—Paragraph (1) shall be nomic dislocations, such as plant closures, ‘‘(II) fiscal year 2018 and each succeeding construed to provide remedies and penalties mass layoffs, or closures and realignments of fiscal year, that is more than 130 percent of that supplement, but do not supplant, other military installations; and the allotment percentage of the State for the civil and criminal remedies and penalties. ‘‘(B) provide assistance to Governors of fiscal year preceding the fiscal year in- ‘‘(f) AGREEMENTS WITH OTHER STATES.—A States with an area that has suffered an volved. State may enter into an agreement with an- emergency or a major disaster (as such ‘‘(D) SMALL STATE MINIMUM ALLOTMENT.— other State, on a reciprocal basis, to permit terms are defined in paragraphs (1) and (2), Subject to subparagraph (C), the Secretary eligible providers of training services to ac- respectively, of section 102 of the Robert T. shall ensure that no State shall receive an cept career enhancement accounts provided Stafford Disaster Relief and Emergency As- allotment under this paragraph for a fiscal in the other State. sistance Act (42 U.S.C. 5122)) to provide dis- year that is less than 1⁄5 of 1 percent of the ‘‘(g) RECOMMENDATIONS.—In developing the aster relief employment in the area; and remainder described in subparagraph (A) for criteria (including requirements for related ‘‘(5) from the remaining amount appro- the fiscal year. information) and procedures required under priated under section 137 for a fiscal year ‘‘(E) DEFINITIONS.—For the purpose of the this section, the Governor shall solicit and (after reserving funds under paragraphs (1) formula specified in this paragraph: take into consideration the recommenda- through (4)), make allotments in accordance ‘‘(i) ALLOTMENT PERCENTAGE.—The term tions of local boards and providers of train- with subsection (b) of this section.’’; and ‘allotment percentage’— ing services within the State. (2) by amending subsection (b) to read as ‘‘(I) used with respect to fiscal year 2013, ‘‘(h) OPPORTUNITY TO SUBMIT COMMENTS.— follows: means the percentage of the amounts allot- During the development of the criteria and ‘‘(b) WORKFORCE INVESTMENT FUND.— ted to States under title I of this Act, title procedures, and the list of eligible providers ‘‘(1) RESERVATION FOR OUTLYING AREAS.— V of the Older Americans Act of 1965 (42 required under this section, the Governor ‘‘(A) IN GENERAL.—From the amount made U.S.C. 3056 et seq.), the Women in Appren- shall provide an opportunity for interested available under subsection (a)(5) for a fiscal ticeship and Nontraditional Occupations Act members of the public to submit comments year, the Secretary shall reserve not more (29 U.S.C. 2501 et seq.), sections 4103A and regarding such criteria, procedures, and list. than 1⁄4 of 1 percent to provide assistance to 4104 of title 38, United States Code, and sec- ‘‘(i) ON-THE-JOB TRAINING OR CUSTOMIZED the outlying areas. tions 1 through 14 of the Wagner-Peyser Act TRAINING EXCEPTION.— ‘‘(B) RESTRICTION.—The Republic of Palau (29 U.S.C. 49 et seq.), as such provisions were ‘‘(1) IN GENERAL.—Providers of on-the-job shall cease to be eligible to receive funding in effect for fiscal year 2013, that is received training or customized training shall not be under this paragraph upon entering into an under such provisions by the State involved subject to the requirements of subsections agreement for extension of United States for fiscal year 2013; and (a) through (d). educational assistance under the Compact of ‘‘(II) used with respect to fiscal year 2017 or ‘‘(2) COLLECTION AND DISSEMINATION OF IN- Free Association (approved by the Compact a succeeding fiscal year, means the percent- FORMATION.—A one-stop operator in a local of Free Association Amendments Act of 2003 age of the amounts allotted to States under area shall collect such performance informa- (Public Law 108–188) after the date of enact- this paragraph for the fiscal year, that is re- tion from on-the-job training and customized ment of the SKILLS Act. ceived under this paragraph by the State in- training providers as the Governor may re- ‘‘(2) STATES.— volved for the fiscal year.

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‘‘(ii) AREA OF SUBSTANTIAL UNEMPLOY- local area, and to ‘all States’ shall be consid- investment activities in the local area under MENT.—The term ‘area of substantial unem- ered to refer to all local areas. this chapter.’’. ployment’ means any area that is of suffi- ‘‘(B) MINIMUM AND MAXIMUM PERCENT- SEC. 422. USE OF FUNDS FOR EMPLOYMENT AND cient size and scope to sustain a program of AGES.— TRAINING ACTIVITIES. workforce investment activities carried out ‘‘(i) MINIMUM PERCENTAGE.—The State Section 134 (29 U.S.C. 2864) is amended— under this subtitle and that has an average shall ensure that no local area shall receive (1) by amending subsection (a) to read as rate of unemployment of at least 7 percent an allocation under this paragraph for— follows: for the most recent 12 months, as determined ‘‘(I) each of fiscal years 2015 through 2017, ‘‘(a) STATEWIDE EMPLOYMENT AND TRAINING by the Secretary. For purposes of this that is less than 100 percent of the allocation ACTIVITIES.— clause, determinations of areas of substan- percentage of the local area for fiscal year ‘‘(1) IN GENERAL.— 2013; and tial unemployment shall be made once each ‘‘(A) DISTRIBUTION OF STATEWIDE ACTIVI- ‘‘(II) fiscal year 2018 and each succeeding fiscal year. TIES.—Funds reserved by a Governor for a ‘‘(iii) DISADVANTAGED YOUTH.—The term fiscal year, that is less than 90 percent of the State as described in section 133(a)(1) and not ‘disadvantaged youth’ means an individual allocation percentage of the local area for reserved under paragraph (2) or (3) of section who is not less than age 16 and not more the fiscal year preceding the fiscal year in- 133(a)— than age 24 who receives an income, or is a volved. ‘‘(i) shall be used to carry out the state- ‘‘(ii) MAXIMUM PERCENTAGE.—Subject to member of a family that receives a total wide employment and training activities de- clause (i), the State shall ensure that no family income, that in relation to family scribed in paragraph (2); and local area shall receive an allocation for a size, does not exceed the higher of— ‘‘(ii) may be used to carry out any of the fiscal year under this paragraph for— ‘‘(I) the poverty line; or statewide employment and training activi- ‘‘(I) each of fiscal years 2015 through 2017, ‘‘(II) 70 percent of the lower living standard ties described in paragraph (3). that is more than 130 percent of the alloca- income level. ‘‘(B) STATEWIDE RAPID RESPONSE ACTIVITIES tion percentage of the local area for fiscal ‘‘(iv) INDIVIDUAL.—The term ‘individual’ AND ADDITIONAL ASSISTANCE.—Funds reserved year 2013; and means an individual who is age 16 or older.’’. by a Governor for a State as described in sec- ‘‘(II) fiscal year 2018 and each succeeding SEC. 421. WITHIN STATE ALLOCATIONS. tion 133(a)(2) shall be used to provide the fiscal year, that is more than 130 percentage Section 133 (29 U.S.C. 2863) is amended— of the allocation percentage of the local area statewide rapid response activities and addi- (1) by amending subsection (a) to read as for the fiscal year preceding the fiscal year tional assistance described in paragraph (4). follows: involved. ‘‘(C) STATEWIDE GRANTS FOR INDIVIDUALS ‘‘(a) RESERVATIONS FOR STATEWIDE WORK- WITH BARRIERS TO EMPLOYMENT.—Funds re- ‘‘(C) DEFINITIONS.—For the purpose of the FORCE INVESTMENT ACTIVITIES.— formula specified in this paragraph, the term served by a Governor for a State as described ‘‘(1) STATEWIDE EMPLOYMENT AND TRAINING ‘allocation percentage’— in section 133(a)(3) shall be used to award ACTIVITIES.—The Governor of a State shall ‘‘(i) used with respect to fiscal year 2013, statewide grants for individuals with bar- reserve not more than 15 percent of the total means the percentage of the amounts allo- riers to employment on a competitive basis, amount allotted to the State under section cated to local areas under title I of this Act, and carry out other activities, as described 132(b)(2) for a fiscal year to carry out the title V of the Older Americans Act of 1965 (42 in paragraph (5). statewide activities described in section U.S.C. 3056 et seq.), the Women in Appren- ‘‘(2) REQUIRED STATEWIDE EMPLOYMENT AND 134(a). ticeship and Nontraditional Occupations Act TRAINING ACTIVITIES.—A State shall use funds ‘‘(2) STATEWIDE RAPID RESPONSE ACTIVITIES (29 U.S.C. 2501 et seq.), sections 4103A and referred to in paragraph (1)(A) to carry out AND ADDITIONAL ASSISTANCE.—Of the amount 4104 of title 38, United States Code, and sec- statewide employment and training activi- reserved under paragraph (1) for a fiscal tions 1 through 14 of the Wagner-Peyser Act ties, which shall include— year, the Governor of the State shall reserve (29 U.S.C. 49 et seq.), as such provisions were ‘‘(A) disseminating the State list of eligi- not more than 25 percent for statewide rapid in effect for fiscal year 2013, that is received ble providers of training services described response activities and additional assistance under such provisions by the local area in- in section 122(d), information identifying eli- described in section 134(a)(4). volved for fiscal year 2013; and gible providers of on-the-job training and ‘‘(3) STATEWIDE GRANTS FOR INDIVIDUALS ‘‘(ii) used with respect to fiscal year 2017 or customized training described in section WITH BARRIERS TO EMPLOYMENT.—Of the a succeeding fiscal year, means the percent- 122(i), and performance information and pro- amount reserved under paragraph (1) for a age of the amounts allocated to local areas gram cost information described in section fiscal year, the Governor of the State shall under this paragraph for the fiscal year, that 122(b)(2); reserve 15 percent to carry out statewide ac- is received under this paragraph by the local ‘‘(B) supporting the provision of work tivities described in section 134(a)(5). area involved for the fiscal year.’’; ready services described in subsection (c)(2) ‘‘(4) STATE ADMINISTRATIVE COST LIMIT.— (3) in subsection (c)— in the one-stop delivery system; Not more than 5 percent of the funds re- (A) by amending paragraph (1) to read as ‘‘(C) implementing strategies and services served under paragraph (1) may be used by follows: that will be used in the State to assist at- the Governor of the State for administrative ‘‘(1) IN GENERAL.—The Governor may, in risk youth and out-of-school youth in acquir- costs of carrying out the statewide activities accordance with this subsection, reallocate ing the education and skills, recognized post- described in section 134(a).’’; to eligible local areas within the State secondary credentials, and employment ex- (2) by amending subsection (b) to read as amounts that are allocated under subsection perience to succeed in the labor market; follows: (b) for employment and training activities ‘‘(D) conducting evaluations under section ‘‘(b) WITHIN STATE ALLOCATION.— and that are available for reallocation.’’; 136(e) of activities authorized under this ‘‘(1) METHODS.—The Governor, acting in ac- (B) in paragraph (2), by striking ‘‘para- chapter in coordination with evaluations cordance with the State plan, and after con- graph (2)(A) or (3) of subsection (b) for such carried out by the Secretary under section sulting with chief elected officials in the activities’’ and inserting ‘‘subsection (b) for 172; local areas in the State, shall— such activities’’; ‘‘(E) providing technical assistance to local ‘‘(A) allocate the funds that are allotted to (C) by amending paragraph (3) to read as areas that fail to meet local performance the State under section 132(b)(2) and not re- follows: measures; served under subsection (a), in accordance ‘‘(3) REALLOCATIONS.—In making realloca- ‘‘(F) operating a fiscal and management with paragraph (2)(A); and tions to eligible local areas of amounts accountability system under section 136(f); ‘‘(B) award the funds that are reserved by available pursuant to paragraph (2) for a pro- and the State under subsection (a)(3) through gram year, the Governor shall allocate to ‘‘(G) carrying out monitoring and over- competitive grants to eligible entities, in ac- each eligible local area within the State an sight of activities carried out under this cordance with section 134(a)(1)(C). amount based on the relative amount allo- chapter. ‘‘(2) FORMULA ALLOCATIONS FOR THE WORK- cated to such local area under subsection ‘‘(3) ALLOWABLE STATEWIDE EMPLOYMENT FORCE INVESTMENT FUND.— (b)(2) for such activities for such prior pro- AND TRAINING ACTIVITIES.—A State may use ‘‘(A) ALLOCATION.—In allocating the funds gram year, as compared to the total amount funds referred to in paragraph (1)(A) to carry described in paragraph (1)(A) to local areas, allocated to all eligible local areas in the out statewide employment and training ac- a State shall allocate— State under subsection (b)(2) for such activi- tivities which may include— ‘‘(i) 25 percent on the basis described in ties for such prior program year.’’; and ‘‘(A) implementing innovative programs section 132(b)(2)(B)(i); (D) in paragraph (4), by striking ‘‘para- and strategies designed to meet the needs of ‘‘(ii) 25 percent on the basis described in graph (2)(A) or (3) of’’; and all employers in the State, including small section 132(b)(2)(B)(ii); (4) by adding at the end the following new employers, which may include incumbent ‘‘(iii) 25 percent on the basis described in subsection: worker training programs, sectoral and in- section 132(b)(2)(B)(iii); and ‘‘(d) LOCAL ADMINISTRATIVE COST LIMIT.— dustry cluster strategies and partnership ini- ‘‘(iv) 25 percent on the basis described in Of the amount allocated to a local area tiatives, career ladder programs, micro-en- section 132(b)(2)(B)(iv), under this section for a fiscal year, not more terprise and entrepreneurial training and except that a reference in a section specified than 10 percent of the amount may be used support programs, utilization of effective in any of clauses (i) through (iv) to ‘each by the local board involved for the adminis- business intermediaries, activities to im- State’ shall be considered to refer to each trative costs of carrying out local workforce prove linkages between the one-stop delivery

VerDate Mar 15 2010 03:57 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.016 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 29, 2014 CONGRESSIONAL RECORD — SENATE S2505 system in the State and all employers (in- ‘‘(III) consortium of the entities described ‘‘(1) shall be used to carry out employment cluding small employers) in the State, and in subclauses (I) and (II); and training activities described in sub- other business services and strategies that ‘‘(ii) has a demonstrated record of placing section (c); and better engage employers in workforce invest- individuals into unsubsidized employment ‘‘(2) may be used to carry out employment ment activities and make the workforce in- and serving hard-to-serve individuals; and and training activities described in sub- vestment system more relevant to the needs ‘‘(iii) agrees to be reimbursed primarily on section (d).’’; of State and local businesses, consistent the basis of meeting specified performance (3) by striking subsection (c); with the objectives of this title; outcomes and criteria established by the (4) by redesignating subsections (d) and (e), ‘‘(B) providing incentive grants to local Governor. as subsections (c) and (d), respectively; areas— ‘‘(C) GRANT PERIOD.— (5) in subsection (c) (as so redesignated)— ‘‘(i) for regional cooperation among local ‘‘(i) IN GENERAL.—A grant under this para- (A) by amending paragraph (1) to read as boards (including local boards in a des- graph shall be awarded for a period of 1 year. follows: ignated region as described in section 116(c)); ‘‘(ii) GRANT RENEWAL.—A Governor of a ‘‘(1) IN GENERAL.—Funds allocated to a ‘‘(ii) for local coordination of activities State may renew, for up to 4 additional 1- local area under section 133(b) shall be used— carried out under this Act; and year periods, a grant awarded under this ‘‘(A) to establish a one-stop delivery sys- ‘‘(iii) for exemplary performance by local paragraph. tem as described in section 121(e); areas on the local performance measures; ‘‘(D) ELIGIBLE PARTICIPANTS.—To be eligi- ‘‘(B) to provide the work ready services de- ‘‘(C) developing strategies for effectively ble to participate in activities under this scribed in paragraph (2) through the one-stop delivery system in accordance with such integrating programs and services among paragraph, an individual shall be a low-in- paragraph; and one-stop partners; come individual age 16 or older. ‘‘(C) to provide training services described ‘‘(D) carrying out activities to facilitate ‘‘(E) USE OF FUNDS.—An eligible entity re- in paragraph (4) in accordance with such remote access to services provided through a ceiving a grant under this paragraph shall paragraph.’’; one-stop delivery system, including facili- use the grant funds for programs of activi- (B) in paragraph (2)— tating access through the use of technology; ties that are designed to assist eligible par- (i) in the heading, by striking ‘‘CORE SERV- ‘‘(E) incorporating pay-for-performance ticipants in obtaining employment and ac- ICES’’ and inserting ‘‘WORK READY SERVICES’’; contract strategies as an element in funding quiring the education and skills necessary to succeed in the labor market. To be eligible (ii) in the matter preceding subparagraph activities under this section and providing (A)— technical support to local areas and eligible to receive a grant under this paragraph for an employment and training program, an eli- (I) by striking ‘‘(1)(A)’’ and inserting ‘‘(1)’’; providers in order to carry out such a strat- (II) by striking ‘‘core services’’ and insert- egy, which may involve providing assistance gible entity shall submit an application to a State at such time, in such manner, and con- ing ‘‘work ready services’’; and with data collection and data entry require- (III) by striking ‘‘who are adults or dis- ments; taining such information as the State may require, including— located workers’’; ‘‘(F) carrying out the State option under (iii) by redesignating subparagraph (K) as subsection (f)(8); and ‘‘(i) a description of how the strategies and activities of the program will be aligned subparagraph (V); ‘‘(G) carrying out other activities author- (iv) by redesignating subparagraphs (B) with the State plan submitted under section ized under this section that the State deter- through (J) as subparagraphs (C) through 112 and the local plan submitted under sec- mines to be necessary to assist local areas in (K), respectively; tion 118, with respect to the area of the State carrying out activities described in sub- (v) by inserting after subparagraph (A) the that will be the focus of the program under section (c) or (d) through the statewide following: this paragraph; workforce investment system. ‘‘(B) assistance in obtaining eligibility de- ‘‘(ii) a description of the educational and ‘‘(4) STATEWIDE RAPID RESPONSE ACTIVITIES terminations under the other one-stop part- skills training programs and activities the AND ADDITIONAL ASSISTANCE.—A State shall ner programs through activities, where ap- eligible entity will provide to eligible par- use funds reserved as described in section propriate and consistent with the author- ticipants under this paragraph; 133(a)(2)— izing statute of the one-stop partner pro- ‘‘(A) to carry out statewide rapid response ‘‘(iii) how the eligible entity will collabo- gram involved, such as assisting in— activities, which shall include provision of rate with State and local workforce invest- ‘‘(i) the submission of applications; rapid response activities, carried out in local ment systems established under this title in ‘‘(ii) the provision of information on the areas by the State or by an entity designated the provision of such programs and activi- results of such applications; and by the State, working in conjunction with ties; ‘‘(iii) the provision of intake services and the local boards and the chief elected offi- ‘‘(iv) a description of the programs of dem- information;’’; cials in the local areas; and onstrated effectiveness on which the provi- (vi) by amending subparagraph (E), as so ‘‘(B) to provide additional assistance to sion of such educational and skills training redesignated, to read as follows: local areas that experience disasters, mass programs and activities are based, and a de- ‘‘(E) labor exchange services, including— layoffs, or plant closings, or other events scription of how such programs and activi- ‘‘(i) job search and placement assistance, that precipitate substantial increases in the ties will improve education and skills train- and where appropriate, career counseling; number of unemployed individuals, carried ing for eligible participants; ‘‘(ii) appropriate recruitment services for out in local areas by the State or by an enti- ‘‘(v) a description of the populations to be employers, including small employers, in the ty designated by the State, working in con- served and the skill needs of those popu- local area, which may include services de- junction with the local boards and the chief lations, and the manner in which eligible scribed in this subsection, including provi- elected officials in the local areas. participants will be recruited and selected as sion of information and referral to special- ‘‘(5) STATEWIDE GRANTS FOR INDIVIDUALS participants; ized business services not traditionally of- WITH BARRIERS TO EMPLOYMENT.— ‘‘(vi) a description of the private, public, fered through the one-stop delivery system; ‘‘(A) IN GENERAL.—Of the funds reserved as local, and State resources that will be lever- and described in section 133(a)(3), the Governor of aged, with the grant funds provided, for the ‘‘(iii) reemployment services provided to a State— program under this paragraph, and how the unemployment claimants, including claim- ‘‘(i) may reserve up to 5 percent to provide entity will ensure the sustainability of such ants identified as in need of such services technical assistance for, and conduct evalua- program after grant funds are no longer under the worker profiling system estab- tions as described in section 136(e) of, the available; lished under section 303(j) of the Social Secu- programs carried out under this paragraph; ‘‘(vii) a description of the extent of the in- rity Act (42 U.S.C. 503(j));’’; and volvement of employers in such program; (vii) in subparagraph (F), as so redesig- ‘‘(ii) using the remainder, shall award ‘‘(viii) a description of the levels of per- nated, by striking ‘‘employment statistics’’ grants on a competitive basis to eligible en- formance the eligible entity expects to and inserting ‘‘workforce and labor market’’; tities (that meet specific performance out- achieve with respect to the indicators of per- (viii) in subparagraph (G), as so redesig- comes and criteria established by the Gov- formance for all individuals specified in sec- nated, by striking ‘‘and eligible providers of ernor) described in subparagraph (B) to carry tion 136(b)(2); youth activities described in section 123,’’; out employment and training programs au- ‘‘(ix) a detailed budget and a description of (ix) in subparagraph (H), as so redesig- thorized under this paragraph for individuals the system of fiscal controls, and auditing nated, by inserting ‘‘under section 136’’ after with barriers to employment. and accountability procedures, that will be ‘‘local performance measures’’; ‘‘(B) ELIGIBLE ENTITY DEFINED.—For pur- used to ensure fiscal soundness for the pro- (x) in subparagraph (J), as so redesignated, poses of this paragraph, the term ‘eligible gram provided under this paragraph; and by inserting ‘‘and information regarding the entity’ means an entity that— ‘‘(x) any other criteria the Governor may administration of the work test for the un- ‘‘(i) is a— require.’’; employment compensation system’’ after ‘‘(I) local board or a consortium of local (2) by amending subsection (b) to read as ‘‘compensation’’; boards; follows: (xi) by amending subparagraph (K), as so ‘‘(II) nonprofit entity, for-profit entity, or ‘‘(b) LOCAL EMPLOYMENT AND TRAINING AC- redesignated, to read as follows: a consortium of nonprofit or for-profit enti- TIVITIES.—Funds allocated to a local area ‘‘(K) assistance in establishing eligibility ties; or under section 133(b)— for programs of financial aid assistance for

VerDate Mar 15 2010 03:57 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.016 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2506 CONGRESSIONAL RECORD — SENATE April 29, 2014 education and training programs that are ‘‘(ii) on-the-job training; (ee) in subclause (III), by striking the pe- not funded under this Act and are available ‘‘(iii) skill upgrading and retraining; riod and inserting ‘‘; or’’; and in the local area;’’; and ‘‘(iv) entrepreneurial training; (ff) by adding at the end the following: (xii) by inserting the following new sub- ‘‘(v) education activities leading to a reg- ‘‘(IV) the local board determines that it paragraphs after subparagraph (K), as so re- ular secondary school diploma or its recog- would be most appropriate to award a con- designated: nized equivalent in combination with, con- tract to a postsecondary educational institu- ‘‘(L) the provision of information from offi- currently or subsequently, occupational tion that has been identified as a priority el- cial publications of the Internal Revenue skills training; igible provider under section 117(d)(5)(B) in Service regarding Federal tax credits, avail- ‘‘(vi) adult education and family literacy order to facilitate the training of multiple able to participants in employment and education activities provided in conjunction individuals in in-demand industries or occu- training activities, and relating to edu- with other training services authorized pations important to the State or local econ- cation, job training, and employment; under this subparagraph; omy, that such contract may be used to en- ‘‘(M) comprehensive and specialized assess- ‘‘(vii) workplace training combined with able the expansion of programs provided by a ments of the skill levels and service needs of related instruction; priority eligible provider, and that such con- workers, which may include— ‘‘(viii) occupational skills training that in- tract does not limit customer choice.’’; ‘‘(i) diagnostic testing and use of other as- corporates English language acquisition; (IV) in clause (iii), by striking ‘‘adult or sessment tools; and ‘‘(ix) customized training conducted with a dislocated worker’’ and inserting ‘‘indi- ‘‘(ii) in-depth interviewing and evaluation commitment by an employer or group of em- vidual’’; and to identify employment barriers and appro- ployers to employ an individual upon suc- (V) in clause (iv)— priate employment goals; cessful completion of the training; and (aa) by redesignating subclause (IV) as sub- ‘‘(N) development of an individual employ- ‘‘(x) training programs operated by the pri- clause (V); and ment plan, to identify the employment vate sector.’’; (bb) by inserting after subclause (III) the goals, appropriate achievement objectives, (iv) by striking subparagraph (E) and re- following: and appropriate combination of services for designating subparagraphs (F) and (G) as ‘‘(IV) Individuals with disabilities.’’; the participant; subparagraphs (E) and (F), respectively; (6) in subsection (d) (as so redesignated)— ‘‘(O) group counseling; ‘‘(P) individual counseling and career plan- (v) in subparagraph (E) (as so redesig- (A) by amending paragraph (1) to read as ning; nated)— follows: ‘‘(Q) case management; (I) in clause (ii)— ‘‘(1) DISCRETIONARY ONE-STOP DELIVERY AC- ‘‘(R) short-term pre-career services, includ- (aa) in the matter preceding subclause (I), TIVITIES.— ing development of learning skills, commu- by striking ‘‘subsection (c)’’ and inserting ‘‘(A) IN GENERAL.—Funds allocated to a nications skills, interviewing skills, punc- ‘‘section 121’’; local area under section 133(b)(2) may be used tuality, personal maintenance skills, and (bb) in subclause (I), by striking ‘‘section to provide, through the one-stop delivery professional conduct, to prepare individuals 122(e)’’ and inserting ‘‘section 122(d)’’ and by system— for unsubsidized employment or training; striking ‘‘section 122(h)’’ and inserting ‘‘sec- ‘‘(i) customized screening and referral of ‘‘(S) internships and work experience; tion 122(i)’’; and qualified participants in training services to ‘‘(T) literacy activities relating to basic (cc) in subclause (II), by striking ‘‘sub- employers; work readiness, information and commu- sections (e) and (h)’’ and inserting ‘‘sub- ‘‘(ii) customized employment-related serv- nication technology literacy activities, and sections (d) and (i)’’; and ices to employers on a fee-for-service basis; financial literacy activities, if the activities (II) by striking clause (iii) and inserting ‘‘(iii) customer supports, including trans- involved are not available to participants in the following: portation and child care, to navigate among the local area under programs administered ‘‘(iii) CAREER ENHANCEMENT ACCOUNTS.—An multiple services and activities for special under the Adult Education and Family Lit- individual who seeks training services and participant populations that face multiple eracy Act (20 U.S.C. 9201 et seq.); who is eligible pursuant to subparagraph (A), barriers to employment, including individ- ‘‘(U) out-of-area job search assistance and may, in consultation with a case manager, uals with disabilities; relocation assistance; and’’; select an eligible provider of training serv- ‘‘(iv) employment and training assistance (C) by amending paragraph (3) to read as ices from the list or identifying information provided in coordination with child support follows: for providers described in clause (ii)(I). Upon enforcement activities of the State agency ‘‘(3) DELIVERY OF SERVICES.—The work such selection, the one-stop operator in- carrying out subtitle D of title IV of the So- ready services described in paragraph (2) volved shall, to the extent practicable, refer cial Security Act (42 U.S.C. 651 et seq.); shall be provided through the one-stop deliv- such individual to the eligible provider of ‘‘(v) incorporation of pay-for-performance ery system and may be provided through training services, and arrange for payment contract strategies as an element in funding contracts with public, private for-profit, and for such services through a career enhance- activities under this section; private nonprofit service providers, approved ment account. ‘‘(vi) activities to facilitate remote access by the local board.’’; and ‘‘(iv) COORDINATION.—Each local board to services provided through a one-stop de- (D) in paragraph (4)— may, through one-stop centers, coordinate livery system, including facilitating access (i) by amending subparagraph (A) to read career enhancement accounts with other through the use of technology; and as follows: Federal, State, local, or private job training ‘‘(vii) activities to carry out business serv- ‘‘(A) IN GENERAL.—Funds described in para- programs or sources to assist the individual ices and strategies that meet the workforce graph (1)(C) shall be used to provide training in obtaining training services from (notwith- investment needs of local area employers, as services to individuals who— standing any provision of this title) eligible determined by the local board, consistent ‘‘(i) after an interview, evaluation, or as- providers for those programs and sources. with the local plan under section 118.’’; sessment, and case management, have been ‘‘(v) ASSISTANCE.—Each local board may, (B) by striking paragraphs (2) and (3); and determined by a one-stop operator or one- through one-stop centers, assist individuals (C) by adding at the end the following: stop partner, as appropriate, to— receiving career enhancement accounts in ‘‘(2) INCUMBENT WORKER TRAINING PRO- ‘‘(I) be in need of training services to ob- obtaining funds (in addition to the funds pro- GRAMS.— tain or retain employment; and vided under this section) from other pro- ‘‘(A) IN GENERAL.—The local board may use ‘‘(II) have the skills and qualifications to grams and sources that will assist the indi- funds allocated to a local area under section successfully participate in the selected pro- vidual in obtaining training services.’’; and 133(b)(2) to carry out incumbent worker gram of training services; (vi) in subparagraph (F) (as so redesig- training programs in accordance with this ‘‘(ii) select programs of training services nated)— paragraph. that are directly linked to the employment (I) in the subparagraph heading, by strik- ‘‘(B) TRAINING ACTIVITIES.—The training opportunities in the local area involved or in ing ‘‘INDIVIDUAL TRAINING ACCOUNTS’’ and in- programs for incumbent workers under this another area in which the individual receiv- serting ‘‘CAREER ENHANCEMENT ACCOUNTS’’; paragraph shall be carried out by the local ing such services are willing to commute or (II) in clause (i), by striking ‘‘individual area in conjunction with the employers of relocate; and training accounts’’ and inserting ‘‘career en- such workers for the purpose of assisting ‘‘(iii) who meet the requirements of sub- hancement accounts’’; such workers in obtaining the skills nec- paragraph (B).’’; (III) in clause (ii)— essary to retain employment and avert lay- (ii) in subparagraph (B)(i), by striking ‘‘Ex- (aa) by striking ‘‘an individual training ac- offs. cept’’ and inserting ‘‘Notwithstanding sec- count’’ and inserting ‘‘a career enhancement ‘‘(C) EMPLOYER MATCH REQUIRED.— tion 479B of the Higher Education Act of 1965 account’’; ‘‘(i) IN GENERAL.—Employers participating (20 U.S.C. 1087uu) and except’’; (bb) by striking ‘‘subparagraph (F)’’ and in- in programs under this paragraph shall be re- (iii) by amending subparagraph (D) to read serting ‘‘subparagraph (E)’’; quired to pay a proportion of the costs of as follows: (cc) in subclause (II), by striking ‘‘indi- providing the training to the incumbent ‘‘(D) TRAINING SERVICES.—Training services vidual training accounts’’ and inserting ‘‘ca- workers of the employers. The local board authorized under this paragraph may in- reer enhancement accounts’’; shall establish the required payment toward clude— (dd) in subclause (II), by striking ‘‘or’’ such costs, which may include in-kind con- ‘‘(i) occupational skills training; after the semicolon; tributions.

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‘‘(ii) CALCULATION OF MATCH.—The wages ‘‘(C) REPORT TO CONGRESS.—The Secretary such participants prior to participation in paid by an employer to a worker while they shall submit to the Committee on Education such program. are attending training may be included as and the Workforce and the Committee on ‘‘(IV) The percentage and number of pro- part of the required payment of the em- Veterans’ Affairs of the House of Representa- gram participants who obtain a recognized ployer.’’; and tives and the Committee on Health, Edu- postsecondary credential (such as an indus- (7) by adding at the end the following: cation, Labor, and Pensions and the Com- try-recognized credential or a certificate ‘‘(e) PRIORITY FOR PLACEMENT IN PRIVATE mittee on Veterans’ Affairs of the Senate an from a registered apprenticeship program), SECTOR JOBS.—In providing employment and annual report summarizing the reports sub- or a regular secondary school diploma or its training activities authorized under this sec- mitted under subparagraph (B), and includ- recognized equivalent (subject to clause (ii)), tion, the State board and local board shall ing summaries of outcomes achieved by par- during participation in or within 1 year after give priority to placing participants in jobs ticipating veterans, disaggregated by local exit from the program. in the private sector. areas. ‘‘(V) The percentage and number of pro- ‘‘(f) VETERAN EMPLOYMENT SPECIALIST.— ‘‘(5) PART-TIME EMPLOYEES.—A part-time gram participants who, during a program ‘‘(1) IN GENERAL.—Subject to paragraph (8), veteran employment specialist shall perform year— a local board shall hire and employ one or the functions of a veteran employment spe- ‘‘(aa) are in an education or training pro- more veteran employment specialists to cialist under this subsection on a halftime gram that leads to a recognized postsec- carry out employment, training, supportive, basis. ondary credential (such as an industry-rec- and placement services under this subsection ‘‘(6) TRAINING REQUIREMENTS.—Each vet- ognized credential or a certificate from a in the local area served by the local board. eran employment specialist described in registered apprenticeship program), a certifi- ‘‘(2) PRINCIPAL DUTIES.—A veteran employ- paragraph (2) shall satisfactorily complete cate from an on-the-job training program, a ment specialist in a local area shall— training provided by the National Veterans’ regular secondary school diploma or its rec- ‘‘(A) conduct outreach to employers in the Employment and Training Institute during ognized equivalent, or unsubsidized employ- local area to assist veterans, including dis- the 3-year period that begins on the date on ment; and abled veterans, in gaining employment, in- which the employee is so assigned. ‘‘(bb) are achieving measurable basic skill cluding— ‘‘(7) SPECIALIST’S DUTIES.—A full-time vet- gains toward such a credential, certificate, ‘‘(i) conducting seminars for employers; eran employment specialist shall perform diploma, or employment. and ‘‘(VI) The percentage and number of pro- ‘‘(ii) in conjunction with employers, con- only duties related to employment, training, supportive, and placement services under gram participants who obtain unsubsidized ducting job search workshops, and estab- employment in the field relating to the lishing job search groups; and this subsection, and shall not perform other non-veteran-related duties if such duties de- training services described in section ‘‘(B) facilitate the furnishing of employ- 134(c)(4) that such participants received. ment, training, supportive, and placement tract from the specialist’s ability to perform the specialist’s duties related to employ- ‘‘(ii) INDICATOR RELATING TO CREDENTIAL.— services to veterans, including disabled and For purposes of clause (i)(IV), program par- homeless veterans, in the local area. ment, training, supportive, and placement services under this subsection. ticipants who obtain a regular secondary ‘‘(3) HIRING PREFERENCE FOR VETERANS AND school diploma or its recognized equivalent INDIVIDUALS WITH EXPERTISE IN SERVING VET- ‘‘(8) STATE OPTION.—At the request of a local board, a State may opt to assume the shall be included in the percentage counted ERANS.—Subject to paragraph (8), a local as meeting the criterion under such clause duties assigned to the local board under board shall, to the maximum extent prac- only if such participants (in addition to ob- paragraphs (1) and (3), including the hiring ticable, employ veterans or individuals with taining such diploma or its recognized equiv- and employment of one or more veteran em- expertise in serving veterans to carry out alent), within 1 year after exit from the pro- ployment specialists for placement in the the services described in paragraph (2) in the gram, have obtained or retained employ- local area served by the local board.’’. local area served by the local board. In hir- ment, have been removed from public assist- ing an individual to serve as a veteran em- SEC. 423. PERFORMANCE ACCOUNTABILITY SYS- ance, or have begun an education or training ployment specialist, a local board shall give TEM. program leading to a recognized postsec- preference to veterans and other individuals Section 136 (29 U.S.C. 2871) is amended— ondary credential. in the following order: (1) in subsection (b)— ‘‘(B) ADDITIONAL INDICATORS.—A State may ‘‘(A) To service-connected disabled vet- (A) by amending paragraphs (1) and (2) to identify in the State plan additional indica- erans. read as follows: tors for workforce investment activities au- ‘‘(B) If no veteran described in subpara- ‘‘(1) IN GENERAL.—For each State, the thorized under this subtitle.’’; and graph (A) is available, to veterans. State performance measures shall consist (B) in paragraph (3)— ‘‘(C) If no veteran described in subpara- of— (i) in subparagraph (A)— graph (A) or (B) is available, to any member ‘‘(A)(i) the core indicators of performance (I) in the heading, by striking ‘‘AND CUS- of the Armed Forces transitioning out of described in paragraph (2)(A); and TOMER SATISFACTION INDICATOR’’; military service. ‘‘(ii) additional indicators of performance (II) in clause (i), by striking ‘‘and the cus- ‘‘(D) If no veteran or member described in (if any) identified by the State under para- tomer satisfaction indicator described in subparagraph (A), (B), or (C) is available, to graph (2)(B); and paragraph (2)(B)’’; any spouse of a veteran or a spouse of a ‘‘(B) a State adjusted level of performance (III) in clause (ii), by striking ‘‘and the member of the Armed Forces transitioning for each indicator described in subparagraph customer satisfaction indicator of perform- out of military service. (A). ance, for the first 3’’ and inserting ‘‘, for all ‘‘(E) If no veteran or member described in ‘‘(2) INDICATORS OF PERFORMANCE.— 3’’; subparagraph (A), (B), or (C) is available and ‘‘(A) CORE INDICATORS OF PERFORMANCE.— (IV) in clause (iii)— no spouse described in paragraph (D) is avail- ‘‘(i) IN GENERAL.—The core indicators of (aa) in the heading, by striking ‘‘FOR FIRST able, to any other individuals with expertise performance for the program of employment 3 YEARS’’; and in serving veterans. and training activities authorized under sec- (bb) by striking ‘‘and the customer satis- ‘‘(4) ADMINISTRATION AND REPORTING.— tions 132(a)(2) and 134, the program of adult faction indicator of performance, for the ‘‘(A) IN GENERAL.—Each veteran employ- education and family literacy education ac- first 3 program years’’ and inserting ‘‘for all ment specialist shall be administratively re- tivities authorized under title II, and the 3 program years’’; sponsible to the one-stop operator of the one- program authorized under title I of the Re- (V) in clause (iv)— stop center in the local area and shall pro- habilitation Act of 1973 (29 U.S.C. 720 et seq.), (aa) by striking ‘‘or (v)’’; vide, at a minimum, quarterly reports to the other than section 112 or part C of that title (bb) by striking subclause (I) and redesig- one-stop operator of such center and to the (29 U.S.C. 732, 741), shall consist of the fol- nating subclauses (II) and (III) as subclauses Assistant Secretary for Veterans’ Employ- lowing indicators of performance (with per- (I) and (II), respectively; and ment and Training for the State on the spe- formance determined in the aggregate and as (cc) in subclause (I) (as so redesignated)— cialist’s performance, and compliance by the disaggregated by the populations identified (AA) by inserting ‘‘, such as unemployment specialist with Federal law (including regu- in the State and local plan in each case): rates and job losses or gains in particular in- lations), with respect to the— ‘‘(I) The percentage and number of pro- dustries’’ after ‘‘economic conditions’’; and ‘‘(i) principal duties (including facilitating gram participants who are in unsubsidized (BB) by inserting ‘‘, such as indicators of the furnishing of services) for veterans de- employment during the second full calendar poor work experience, dislocation from high- scribed in paragraph (2); and quarter after exit from the program. wage employment, low levels of literacy or ‘‘(ii) hiring preferences described in para- ‘‘(II) The percentage and number of pro- English proficiency, disability status (in- graph (3) for veterans and other individuals. gram participants who are in unsubsidized cluding disability status among veterans), ‘‘(B) REPORT TO SECRETARY.—Each State employment during the fourth full calendar and welfare dependency,’’ after ‘‘program’’; shall submit to the Secretary an annual re- quarter after exit from the program. (VI) by striking clause (v) and redesig- port on the qualifications used by each local ‘‘(III) The difference in the median earn- nating clause (vi) as clause (v); and board in the State in making hiring deter- ings of program participants who are in un- (VII) in clause (v) (as so redesignated)— minations for a veteran employment spe- subsidized employment during the second (aa) by striking ‘‘described in clause cialist and the salary structure under which full calendar quarter after exit from the pro- (iv)(II)’’ and inserting ‘‘described in clause such specialist is compensated. gram, compared to the median earnings of (iv)(I)’’; and

VerDate Mar 15 2010 03:57 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.016 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2508 CONGRESSIONAL RECORD — SENATE April 29, 2014 (bb) by striking ‘‘or (v)’’; and services described in section 134(c)(2) and the nization plan, appeal to the Governor to re- (ii) in subparagraph (B), by striking ‘‘para- average cost per participant of those individ- scind or revise such plan’’ and inserting graph (2)(C)’’ and inserting ‘‘paragraph uals who received training services described ‘‘corrective action under subparagraph (A) or (2)(B)’’; in section 134(c)(4), during the most recent (B) may, not later than 30 days after receiv- (2) in subsection (c)— program year and fiscal year, and the pre- ing notice of the action, appeal to the Gov- (A) by amending clause (i) of paragraph ceding 5 program years, disaggregated (for ernor to rescind or revise such action’’; and (1)(A) to read as follows: individuals who received work ready serv- (v) in subparagraph (D) (as so redesig- ‘‘(i) the core indicators of performance de- ices) by the type of entity that provided the nated), by striking ‘‘subparagraph (B)’’ each scribed in subsection (b)(2)(A) for activities work ready services and disaggregated (for place it appears and inserting ‘‘subparagraph described in such subsection, other than individuals who received training services) (C)’’; statewide workforce investment activities; by the type of entity that provided the train- (6) in subsection (i)— and’’; ing services; and (A) in paragraph (1)— (B) in clause (ii) of paragraph (1)(A), by ‘‘(D) the amount of funds spent on training (i) in subparagraph (B), by striking ‘‘sub- striking ‘‘(b)(2)(C)’’ and inserting ‘‘(b)(2)(B)’’; services and discretionary activities de- section (b)(2)(C)’’ and inserting ‘‘subsection and scribed in section 134(d), disaggregated by (b)(2)(B)’’; and (C) by amending paragraph (3) to read as the populations identified under section (ii) in subparagraph (C), by striking follows: 112(b)(16)(A)(iv) and section 118(b)(10).’’; ‘‘(b)(3)(A)(vi)’’ and inserting ‘‘(b)(3)(A)(v)’’; ‘‘(3) DETERMINATIONS.—In determining (C) in paragraph (3)(A), by striking (B) in paragraph (2), by striking ‘‘the ac- such local levels of performance, the local ‘‘through publication’’ and inserting tivities described in section 502 concerning’’; board, the chief elected official, and the Gov- ‘‘through electronic means’’; and and ernor shall ensure such levels are adjusted (D) by adding at the end the following: (C) in paragraph (3), by striking ‘‘described based on the specific economic conditions ‘‘(4) DATA VALIDATION.—In preparing the in paragraph (1) and in the activities de- (such as unemployment rates and job losses reports described in this subsection, each scribed in section 502’’ and inserting ‘‘and ac- or gains in particular industries), or demo- State shall establish procedures, consistent tivities described in this subsection’’; and graphic characteristics or other characteris- with guidelines issued by the Secretary, to (7) by adding at the end the following new tics of the population to be served, in the ensure the information contained in the re- subsections: local area.’’; ports is valid and reliable. ‘‘(j) USE OF CORE INDICATORS FOR OTHER (3) in subsection (d)— ‘‘(5) STATE AND LOCAL POLICIES.— PROGRAMS.—Consistent with the require- (A) in paragraph (1)— ‘‘(A) STATE POLICIES.—Each State that re- ments of the applicable authorizing laws, the (i) by striking ‘‘127 or’’; ceives an allotment under section 132 shall Secretary shall use the core indicators of (ii) by striking ‘‘and the customer satisfac- maintain a central repository of policies re- performance described in subsection (b)(2)(A) tion indicator’’ each place it appears; and lated to access, eligibility, availability of to assess the effectiveness of the programs (iii) in the last sentence, by inserting be- services, and other matters, and plans ap- described in section 121(b)(1)(B) (in addition fore the period the following: ‘‘, and on the proved by the State board and make such re- to the programs carried out under chapter 5) amount and percentage of the State’s annual pository available to the public, including by that are carried out by the Secretary. allotment under section 132 the State spends electronic means. ‘‘(k) ESTABLISHING PAY-FOR-PERFORMANCE on administrative costs and on the amount ‘‘(B) LOCAL POLICIES.—Each local area that INCENTIVES.— and percentage of its annual allocation receives an allotment under section 133 shall ‘‘(1) IN GENERAL.—At the discretion of the under section 133 each local area in the State maintain a central repository of policies re- Governor of a State, a State may establish spends on administrative costs’’; lated to access, eligibility, availability of an incentive system for local boards to im- (B) in paragraph (2)— services, and other matters, and plans ap- plement pay-for-performance contract strat- (i) by striking subparagraphs (A), (B), and proved by the local board and make such re- egies for the delivery of employment and (D); pository available to the public, including by training activities in the local areas served (ii) by redesignating subparagraph (C) as electronic means.’’; by the local boards. subparagraph (A); (4) in subsection (g)— ‘‘(2) IMPLEMENTATION.—A State that estab- (iii) by redesignating subparagraph (E) as (A) in paragraph (1)— lishes a pay-for-performance incentive sys- subparagraph (B); (i) in subparagraph (A), by striking ‘‘or tem shall reserve not more than 10 percent of (iv) in subparagraph (B), as so redesig- (B)’’; and nated— (ii) in subparagraph (B), by striking ‘‘may the total amount allotted to the State under (I) by striking ‘‘(excluding participants reduce by not more than 5 percent,’’ and in- section 132(b)(2) for a fiscal year to provide who received only self-service and informa- serting ‘‘shall reduce’’; and funds to local areas in the State whose local tional activities)’’; and (B) by striking paragraph (2) and inserting boards have implemented a pay-for-perform- (II) by striking ‘‘and’’ at the end; the following: ance contract strategy. VALUATIONS (v) by striking subparagraph (F); and ‘‘(2) FUNDS RESULTING FROM REDUCED AL- ‘‘(3) E .—A State described in (vi) by adding at the end the following: LOTMENTS.—The Secretary shall return to paragraph (2) shall use funds reserved by the ‘‘(C) with respect to each local area in the the Treasury the amount retained, as a re- State under section 133(a)(1) to evaluate the State— sult of a reduction in an allotment to a State return on investment of pay-for-performance ‘‘(i) the number of individuals who received made under paragraph (1)(B).’’; contract strategies implemented by local work ready services described in section (5) in subsection (h)— boards in the State.’’. 134(c)(2) and the number of individuals who (A) in paragraph (1), by striking ‘‘or (B)’’; SEC. 424. AUTHORIZATION OF APPROPRIATIONS. received training services described in sec- and Section 137 (29 U.S.C. 2872) is amended to tion 134(c)(4), during the most recent pro- (B) in paragraph (2)— read as follows: gram year and fiscal year, and the preceding (i) in subparagraph (A), by amending the ‘‘SEC. 137. AUTHORIZATION OF APPROPRIATIONS. 5 program years, disaggregated (for individ- matter preceding clause (i) to read as fol- ‘‘There are authorized to be appropriated uals who received work ready services) by lows: to carry out the activities described in sec- the type of entity that provided the work ‘‘(A) IN GENERAL.—If such failure continues tion 132, $5,945,639,000 for fiscal year 2015 and ready services and disaggregated (for indi- for a second consecutive year, the Governor each of the 6 succeeding fiscal years.’’. viduals who received training services) by shall take corrective actions, including the CHAPTER 3—JOB CORPS the type of entity that provided the training development of a reorganization plan. Such services, and the amount of funds spent on plan shall—’’; SEC. 426. JOB CORPS PURPOSES. each of the 2 types of services during the (ii) by redesignating subparagraphs (B) and Paragraph (1) of section 141 (29 U.S.C. most recent program year and fiscal year, (C) as subparagraphs (C) and (D), respec- 2881(1)) is amended to read as follows: and the preceding 5 fiscal years; tively; ‘‘(1) to maintain a national Job Corps pro- ‘‘(ii) the number of individuals who suc- (iii) by inserting after subparagraph (A), gram for at-risk youth, carried out in part- cessfully exited out of work ready services the following: nership with States and communities, to as- described in section 134(c)(2) and the number ‘‘(B) REDUCTION IN THE AMOUNT OF GRANT.— sist eligible youth to connect to the work- of individuals who exited out of training If such failure continues for a third consecu- force by providing them with intensive aca- services described in section 134(c)(4), during tive year, the Governor shall reduce the demic, career and technical education, and the most recent program year and fiscal amount of the grant that would (in the ab- service-learning opportunities, in residential year, and the preceding 5 program years, sence of this subparagraph) be payable to the and nonresidential centers, in order for such disaggregated (for individuals who received local area under such program for the pro- youth to obtain regular secondary school di- work ready services) by the type of entity gram year after such third consecutive year. plomas and recognized postsecondary creden- that provided the work ready services and Such penalty shall be based on the degree of tials leading to successful careers in in-de- disaggregated (for individuals who received failure to meet local levels of performance.’’; mand industries that will result in opportu- training services) by the type of entity that (iv) in subparagraph (C)(i) (as so redesig- nities for advancement;’’. provided the training services; and nated), by striking ‘‘a reorganization plan SEC. 427. JOB CORPS DEFINITIONS. ‘‘(iii) the average cost per participant of under subparagraph (A) may, not later than Section 142 (29 U.S.C. 2882) is amended— those individuals who received work ready 30 days after receiving notice of the reorga- (1) in paragraph (2)—

VerDate Mar 15 2010 03:57 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.016 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 29, 2014 CONGRESSIONAL RECORD — SENATE S2509 (A) in the paragraph heading, by striking (B) by adding at the end the following new that the workforce council proposes under ‘‘APPLICABLE ONE-STOP’’ and inserting ‘‘ONE- paragraph: section 154(c);’’; STOP’’; ‘‘(3) INDIVIDUALS CONVICTED OF A CRIME.— (II) in subclause (III), by striking ‘‘is famil- (B) by striking ‘‘applicable’’; An individual shall be ineligible for enroll- iar with the surrounding communities, appli- (C) by striking ‘‘customer service’’; and ment if the individual— cable’’ and inserting ‘‘demonstrates relation- (D) by striking ‘‘intake’’ and inserting ‘‘as- ‘‘(A) makes a false statement in connec- ships with the surrounding communities, sessment’’; tion with the criminal background check de- employers, workforce boards,’’ and by strik- (2) in paragraph (4), by striking ‘‘before scribed in paragraph (1)(C); ing ‘‘and’’ at the end; completing the requirements’’ and all that ‘‘(B) is registered or is required to be reg- (III) by amending subclause (IV) to read as follows and inserting ‘‘prior to becoming a istered on a State sex offender registry or follows: graduate.’’; and the National Sex Offender Registry estab- ‘‘(IV) the performance of the entity, if any, (3) in paragraph (5), by striking ‘‘has com- lished under the Adam Walsh Child Protec- relating to operating or providing activities pleted the requirements’’ and all that follows tion and Safety Act of 2006 (42 U.S.C. 16901 et described in this subtitle to a Job Corps cen- and inserting the following: ‘‘who, as a result seq.); or ter, including the entity’s demonstrated ef- of participation in the Job Corps program, ‘‘(C) has been convicted of a felony con- fectiveness in assisting individuals in achiev- has received a regular secondary school di- sisting of— ing the primary and secondary indicators of ploma, completed the requirements of a ca- ‘‘(i) homicide; performance described in paragraphs (1) and reer and technical education and training ‘‘(ii) child abuse or neglect; (2) of section 159(c); and’’; and program, or received, or is making satisfac- ‘‘(iii) a crime against children, including (IV) by adding at the end the following new tory progress (as defined under section 484(c) child pornography; subclause: of the Higher Education Act of 1965 (20 U.S.C. ‘‘(iv) a crime involving rape or sexual as- ‘‘(V) the ability of the entity to dem- 1091(c))) toward receiving, a recognized post- sault; or onstrate a record of successfully assisting at- secondary credential (including an industry- ‘‘(v) physical assault, battery, or a drug-re- risk youth to connect to the workforce, in- recognized credential) that prepares individ- lated offense, committed within the past 5 cluding by providing them with intensive uals for employment leading to economic years.’’; self-sufficiency.’’. academic, and career and technical edu- (3) in subsection (c)— cation and training.’’; and SEC. 428. INDIVIDUALS ELIGIBLE FOR THE JOB (A) in paragraph (1)— CORPS. (iii) in subparagraph (B)(ii)— (i) by striking ‘‘2 years’’ and inserting (I) by striking ‘‘, as appropriate’’; and Section 144 (29 U.S.C. 2884) is amended— ‘‘year’’; and (1) by amending paragraph (1) to read as (II) by striking ‘‘through (IV)’’ and insert- (ii) by striking ‘‘an assignment’’ and in- ing ‘‘through (V)’’; follows: serting ‘‘a’’; and ‘‘(1) not less than age 16 and not more than (2) in subsection (b), by striking ‘‘In any (B) in paragraph (2)— age 24 on the date of enrollment;’’; year, no more than 20 percent of the individ- (i) in the matter preceding subparagraph (2) in paragraph (3)(B), by inserting ‘‘sec- uals enrolled in the Job Corps may be non- (A), by striking ‘‘, every 2 years,’’; ondary’’ before ‘‘school’’; and residential participants in the Job Corps.’’; (ii) in subparagraph (B), by striking ‘‘and’’ (3) in paragraph (3)(E), by striking ‘‘voca- (3) by amending subsection (c) to read as at the end; tional’’ and inserting ‘‘career and technical follows: (iii) in subparagraph (C)— education and’’. (I) by inserting ‘‘the education and train- ‘‘(c) CIVILIAN CONSERVATION CENTERS.— SEC. 429. RECRUITMENT, SCREENING, SELEC- ing’’ after ‘‘including’’; and ‘‘(1) IN GENERAL.—The Job Corps centers TION, AND ASSIGNMENT OF ENROLL- may include Civilian Conservation Centers, EES. (II) by striking the period at the end and Section 145 (29 U.S.C. 2885) is amended— inserting ‘‘; and’’; and operated under an agreement between the (1) in subsection (a)— (iv) by adding at the end the following: Secretary of Labor and the Secretary of Ag- (A) in paragraph (2)(C)(i) by striking ‘‘vo- ‘‘(D) the performance of the Job Corps cen- riculture, that are located primarily in rural cational’’ and inserting ‘‘career and tech- ter relating to the indicators described in areas. Such centers shall adhere to all the nical education and training’’; and paragraphs (1) and (2) in section 159(c), and provisions of this subtitle, and shall provide, (B) in paragraph (3)— whether any actions have been taken with in addition to education, career and tech- (i) by striking ‘‘To the extent practicable, respect to such center pursuant to section nical education and training, and workforce the’’ and inserting ‘‘The’’; 159(f).’’; and preparation skills training described in sec- (ii) in subparagraph (A)— (4) in subsection (d)— tion 148, programs of work experience to con- (I) by striking ‘‘applicable’’; and (A) in paragraph (1)— serve, develop, or manage public natural re- (II) by inserting ‘‘and’’ after the semicolon; (i) in the matter preceding subparagraph sources or public recreational areas or to de- (iii) by striking subparagraphs (B) and (C); (A), by striking ‘‘is closest to the home of velop community projects in the public in- and the enrollee, except that the’’ and inserting terest. (iv) by adding at the end the following: ‘‘offers the type of career and technical edu- ‘‘(2) SELECTION PROCESS.—The Secretary ‘‘(B) organizations that have a dem- cation and training selected by the indi- shall select an entity that submits an appli- onstrated record of effectiveness in placing vidual and, among the centers that offer cation under subsection (d) to operate a Ci- at-risk youth into employment.’’; such education and training, is closest to the vilian Conservation Center on a competitive (2) in subsection (b)— home of the individual. The’’; basis, as provided in subsection (a).’’; and (A) in paragraph (1)— (ii) by striking subparagraph (A); and (4) by striking subsection (d) and inserting (i) in subparagraph (B), by inserting ‘‘and (iii) by redesignating subparagraphs (B) the following: and (C) as subparagraphs (A) and (B), respec- agrees to such rules’’ after ‘‘failure to ob- ‘‘(d) APPLICATION.—To be eligible to oper- tively; and serve the rules’’; and ate a Job Corps center under this subtitle, an (ii) by amending subparagraph (C) to read (B) in paragraph (2), by inserting ‘‘that of- entity shall submit an application to the as follows: fers the career and technical education and Secretary at such time, in such manner, and ‘‘(C) the individual has passed a back- training desired by’’ after ‘‘home of the en- ground check conducted in accordance with rollee’’. containing such information as the Sec- procedures established by the Secretary, SEC. 430. JOB CORPS CENTERS. retary may require, including— which shall include— Section 147 (29 U.S.C. 2887) is amended— ‘‘(1) a description of the program activities ‘‘(i) a search of the State criminal registry (1) in subsection (a)— that will be offered at the center, including or repository in the State where the indi- (A) in paragraph (1)(A), by striking ‘‘voca- how the career and technical education and vidual resides and each State where the indi- tional’’ both places it appears and inserting training reflect State and local employment vidual previously resided; ‘‘career and technical’’; and opportunities, including in in-demand indus- ‘‘(ii) a search of State-based child abuse (B) in paragraph (2)— tries; and neglect registries and databases in the (i) in subparagraph (A)— ‘‘(2) a description of the counseling, place- State where the individual resides and each (I) by striking ‘‘subsections (c) and (d) of ment, and support activities that will be of- State where the individual previously re- section 303 of the Federal Property and Ad- fered at the center, including a description of sided; ministrative Services Act of 1949 (41 U.S.C. the strategies and procedures the entity will ‘‘(iii) a search of the National Crime Infor- 253)’’ and inserting ‘‘subsections (a) and (b) use to place graduates into unsubsidized em- mation Center; of section 3304 of title 41, United States ployment upon completion of the program; ‘‘(iv) a Federal Bureau of Investigation fin- Code’’; and ‘‘(3) a description of the demonstrated gerprint check using the Integrated Auto- (II) by striking ‘‘industry council’’ and in- record of effectiveness that the entity has in mated Fingerprint Identification System; serting ‘‘workforce council’’; placing at-risk youth into employment, in- and (ii) in subparagraph (B)(i)— cluding past performance of operating a Job ‘‘(v) a search of the National Sex Offender (I) by amending subclause (II) to read as Corps center under this subtitle; Registry established under the Adam Walsh follows: ‘‘(4) a description of the relationships that Child Protection and Safety Act of 2006 (42 ‘‘(II) the ability of the entity to offer ca- the entity has developed with State and U.S.C. 16901 et seq.).’’; and reer and technical education and training local workforce boards, employers, State and

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local educational agencies, and the sur- (1) by amending subsection (a) to read as (2) in subsection (a), by striking ‘‘IN GEN- rounding communities in an effort to pro- follows: ERAL.—’’ and inserting ‘‘OPERATING PLAN.—’’; mote a comprehensive statewide workforce ‘‘(a) ACTIVITIES PROVIDED THROUGH JOB (3) by striking subsection (b) and redesig- investment system; CORPS CENTERS.— nating subsection (c) as subsection (b); ‘‘(5) a description of the strong fiscal con- ‘‘(1) IN GENERAL.—Each Job Corps center (4) by amending subsection (b) (as so redes- trols the entity has in place to ensure proper shall provide enrollees with an intensive, ignated)— accounting of Federal funds, and a descrip- well-organized, and supervised program of (A) in the heading by inserting ‘‘OF OPER- tion of how the entity will meet the require- education, career and technical education ATING PLAN’’ after ‘‘AVAILABILITY’’; and ments of section 159(a); and training, work experience, recreational (B) by striking ‘‘subsections (a) and (b)’’ ‘‘(6) a description of the strategies and activities, physical rehabilitation and devel- and inserting ‘‘subsection (a)’’; and policies the entity will utilize to reduce par- opment, and counseling. Each Job Corps cen- (5) by adding at the end the following new ticipant costs; ter shall provide enrollees assigned to the subsection: ‘‘(7) a description of the steps taken to con- center with access to work ready services de- ‘‘(c) ADMINISTRATIVE COSTS.—Not more trol costs in accordance with section scribed in section 134(c)(2). than 10 percent of the funds allotted under 159(a)(3); ‘‘(2) RELATIONSHIP TO OPPORTUNITIES.— section 147 to an entity selected to operate a ‘‘(8) a detailed budget of the activities that ‘‘(A) IN GENERAL.—The activities provided Job Corps center may be used by the entity will be supported using funds under this sub- under this subsection shall be targeted to for administrative costs under this sub- title; helping enrollees, on completion of their en- title.’’. ‘‘(9) a detailed budget of the activities that rollment— SEC. 435. COMMUNITY PARTICIPATION. will be supported using funds from non-Fed- ‘‘(i) secure and maintain meaningful un- Section 153 (29 U.S.C. 2893) is amended to eral resources; subsidized employment; read as follows: ‘‘(10) an assurance the entity will comply ‘‘(ii) complete secondary education and ob- ‘‘SEC. 153. COMMUNITY PARTICIPATION. with the administrative cost limitation in- tain a regular secondary school diploma; ‘‘The director of each Job Corps center cluded in section 151(c); ‘‘(iii) enroll in and complete postsecondary shall encourage and cooperate in activities ‘‘(11) an assurance the entity is licensed to education or training programs, including to establish a mutually beneficial relation- operate in the State in which the center is obtaining recognized postsecondary creden- ship between Job Corps centers in the State located; and tials (such as industry-recognized creden- and nearby communities. Such activities ‘‘(12) an assurance the entity will comply tials and certificates from registered appren- may include the use of any local workforce with and meet basic health and safety codes, ticeship programs); or development boards established under sec- including those measures described in sec- ‘‘(iv) satisfy Armed Forces requirements. tion 117 to provide a mechanism for joint dis- ‘‘(B) LINK TO EMPLOYMENT OPPORTUNITIES.— tion 152(b). cussion of common problems and for plan- The career and technical education and ‘‘(e) LENGTH OF AGREEMENT.—The agree- ning programs of mutual interest.’’. ment described in subsection (a)(1)(A) shall training provided shall be linked to the em- be for not longer than a 2-year period. The ployment opportunities in in-demand indus- SEC. 436. WORKFORCE COUNCILS. Secretary may renew the agreement for 3 1- tries in the State in which the Job Corps Section 154 (29 U.S.C. 2894) is amended to year periods if the entity meets the require- center is located.’’; read as follows: ments of subsection (f). (2) in subsection (b)— ‘‘SEC. 154. WORKFORCE COUNCILS. ‘‘(f) RENEWAL.— (A) in the subsection heading, by striking ‘‘(a) IN GENERAL.—Each Job Corps center ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘EDUCATION AND VOCATIONAL’’ and inserting shall have a workforce council appointed by the Secretary may renew the terms of an ‘‘ACADEMIC AND CAREER AND TECHNICAL EDU- the Governor of the State in which the Job agreement described in subsection (a)(1)(A) CATION AND’’; Corps center is located. for an entity to operate a Job Corps center if (B) by striking ‘‘may’’ after ‘‘The Sec- ‘‘(b) WORKFORCE COUNCIL COMPOSITION.— the center meets or exceeds each of the indi- retary’’ and inserting ‘‘shall’’; and ‘‘(1) IN GENERAL.—A workforce council cators of performance described in section (C) by striking ‘‘vocational’’ each place it shall be comprised of— 159(c)(1). appears and inserting ‘‘career and tech- ‘‘(A) business members of the State board ‘‘(2) RECOMPETITION.— nical’’; and described in section 111(b)(1)(B)(i); ‘‘(A) IN GENERAL.—Notwithstanding para- (3) by amending paragraph (3) of subsection ‘‘(B) business members of the local boards graph (1), the Secretary shall not renew the (c) to read as follows: described in section 117(b)(2)(A) located in terms of the agreement for an entity to oper- ‘‘(3) DEMONSTRATION.—Each year, any oper- the State; ate a Job Corps center if such center is ator seeking to enroll additional enrollees in ‘‘(C) a representative of the State board de- ranked in the bottom quintile of centers de- an advanced career training program shall scribed in section 111(f); and scribed in section 159(f)(2) for any program demonstrate, before the operator may carry ‘‘(D) such other representatives and State year. Such entity may submit a new applica- out such additional enrollment, that— agency officials as the Governor may des- tion under subsection (d) only if such center ‘‘(A) participants in such program have ignate. has shown significant improvement on the achieved a satisfactory rate of completion ‘‘(2) MAJORITY.—A 2⁄3 majority of the mem- indicators of performance described in sec- and placement in training-related jobs; and bers of the workforce council shall be rep- tion 159(c)(1) over the last program year. ‘‘(B) such operator has met or exceeded the resentatives described in paragraph (1)(A). ‘‘(B) VIOLATIONS.—The Secretary shall not indicators of performance described in para- ‘‘(c) RESPONSIBILITIES.—The responsibil- select an entity to operate a Job Corps cen- graphs (1) and (2) of section 159(c) for the pre- ities of the workforce council shall be— ter if such entity or such center has been vious year.’’. ‘‘(1) to review all the relevant labor mar- found to have a systemic or substantial ma- SEC. 432. COUNSELING AND JOB PLACEMENT. ket information, including related informa- terial failure that involves— Section 149 (29 U.S.C. 2889) is amended— tion in the State plan described in section ‘‘(i) a threat to the health, safety, or civil (1) in subsection (a), by striking ‘‘voca- 112, to— rights of program participants or staff; tional’’ and inserting ‘‘career and technical ‘‘(A) determine the in-demand industries in ‘‘(ii) the misuse of funds received under education and’’; the State in which enrollees intend to seek this subtitle; (2) in subsection (b)— employment after graduation; ‘‘(iii) loss of legal status or financial via- (A) by striking ‘‘make every effort to ar- ‘‘(B) determine the skills and education bility, loss of permits, debarment from re- range to’’; and that are necessary to obtain the employment ceiving Federal grants or contracts, or the (B) by striking ‘‘to assist’’ and inserting opportunities described in subparagraph (A); improper use of Federal funds; ‘‘assist’’; and and ‘‘(iv) failure to meet any other Federal or (3) by striking subsection (d). ‘‘(C) determine the type or types of career State requirement that the entity has shown SEC. 433. SUPPORT. and technical education and training that an unwillingness or inability to correct, Subsection (b) of section 150 (29 U.S.C. 2890) will be implemented at the center to enable after notice from the Secretary, within the is amended to read as follows: the enrollees to obtain the employment op- period specified; or ‘‘(b) TRANSITION ALLOWANCES AND SUPPORT portunities; and ‘‘(v) an unresolved area of noncompliance. FOR GRADUATES.—The Secretary shall ar- ‘‘(2) to meet at least once a year to re- ‘‘(g) CURRENT GRANTEES.—Not later than 60 range for a transition allowance to be paid to evaluate the labor market information, and days after the date of enactment of the graduates. The transition allowance shall be other relevant information, to determine SKILLS Act and notwithstanding any pre- incentive-based to reflect a graduate’s com- any necessary changes in the career and vious grant award or renewals of such award pletion of academic, career and technical technical education and training provided at under this subtitle, the Secretary shall re- education or training, and attainment of a the center.’’. quire all entities operating a Job Corps cen- recognized postsecondary credential, includ- SEC. 437. TECHNICAL ASSISTANCE. ter under this subtitle to submit an applica- ing an industry-recognized credential.’’. Section 156 (29 U.S.C. 2896) is amended to tion under subsection (d) to carry out the re- SEC. 434. OPERATIONS. read as follows: quirements of this section.’’. Section 151 (29 U.S.C. 2891) is amended— ‘‘SEC. 156. TECHNICAL ASSISTANCE TO CENTERS. SEC. 431. PROGRAM ACTIVITIES. (1) in the header, by striking ‘‘OPERATING ‘‘(a) IN GENERAL.—From the funds reserved Section 148 (29 U.S.C. 2888) is amended— PLAN.’’ and inserting ‘‘OPERATIONS.’’; under section 132(a)(3), the Secretary shall

VerDate Mar 15 2010 03:57 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.016 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 29, 2014 CONGRESSIONAL RECORD — SENATE S2511 provide, directly or through grants, con- ‘‘(i) on the first day of employment; and indicators established under such para- tracts, or other agreements or arrangements ‘‘(ii) 6 months after the first day; graphs; and as the Secretary considers appropriate, tech- ‘‘(E) the number and percentage of grad- ‘‘(E) a comparison of each service provider, nical assistance and training for the Job uates who entered unsubsidized employment by rank, on the performance of all service Corps program for the purposes of improving and were retained in the unsubsidized em- providers described in paragraphs (3) and (4) program quality. ployment— of subsection (c) on the performance indica- ‘‘(b) ACTIVITIES.—In providing training and ‘‘(i) 6 months after the first day of employ- tors established under such paragraphs. technical assistance and for allocating re- ment; and ‘‘(2) ASSESSMENT.—The Secretary shall sources for such assistance, the Secretary ‘‘(ii) 12 months after the first day of em- conduct an annual assessment of the per- shall— ployment; formance of each Job Corps center which ‘‘(1) assist entities, including those entities ‘‘(F) the percentage and number of enroll- shall include information on the Job Corps not currently operating a Job Corps center, ees compared to the percentage and number centers that— in developing the application described in of enrollees the Secretary has established as ‘‘(A) are ranked in the bottom 10 percent section 147(d); targets in section 145(c)(1); on the performance indicator described in ‘‘(2) assist Job Corps centers and programs ‘‘(G) the cost per training slot, which is paragraph (1)(C); or in correcting deficiencies and violations calculated by comparing the program’s max- ‘‘(B) have failed a safety and health code under this subtitle; imum number of enrollees that can be en- review described in subsection (g). ‘‘(3) assist Job Corps centers and programs rolled in a Job Corps center at any given ‘‘(3) PERFORMANCE IMPROVEMENT.—With re- in meeting or exceeding the indicators of time during the program year to the number spect to a Job Corps center that is identified performance described in paragraphs (1) and of enrollees in the same program year; and under paragraph (2) or reports less than 50 (2) of section 159(c); and ‘‘(H) the number and percentage of former percent on the performance indicators de- ‘‘(4) assist Job Corps centers and programs enrollees, including the number dismissed scribed in subparagraph (A), (B), or (C) of in the development of sound management under the zero tolerance policy described in subsection (c)(1), the Secretary shall develop practices, including financial management section 152(b). and implement a 1 year performance im- procedures.’’. ‘‘(3) INDICATORS OF PERFORMANCE FOR RE- provement plan. Such a plan shall require SEC. 438. SPECIAL PROVISIONS. CRUITERS.—The annual indicators of per- action including— Section 158(c)(1) (29 U.S.C. 2989(c)(1)) is formance for recruiters shall include the ‘‘(A) providing technical assistance to the amended by striking ‘‘title II of the Federal measurements described in subparagraph (A) center; Property and Administrative Services Act of of paragraph (1) and subparagraphs (F), (G), ‘‘(B) changing the management staff of the 1949 (40 U.S.C. 481 et seq.)’’ and inserting and (H) of paragraph (2). center; ‘‘chapter 5 of title 40, United States Code,’’. ‘‘(4) INDICATORS OF PERFORMANCE OF CAREER ‘‘(C) replacing the operator of the center; SEC. 439. PERFORMANCE ACCOUNTABILITY MAN- TRANSITION SERVICE PROVIDERS.—The annual AGEMENT. ‘‘(D) reducing the capacity of the center; or indicators of performance of career transi- ‘‘(E) closing the center. Section 159 (29 U.S.C. 2899) is amended— tion service providers shall include the (1) in the section heading, by striking ‘‘(4) CLOSURE OF JOB CORPS CENTERS.—Job measurements described in subparagraphs Corps centers that have been identified ‘‘MANAGEMENT INFORMATION’’ and inserting (B) and (C) of paragraph (1) and subpara- under paragraph (2) for more than 4 consecu- ‘‘PERFORMANCE ACCOUNTABILITY AND MANAGE- graphs, (B), (C), (D), and (E) of paragraph (2). tive years shall be closed. The Secretary MENT’’; ‘‘(d) ADDITIONAL INFORMATION.—The Sec- shall ensure— (2) in subsection (a)(3), by inserting before retary shall collect, and submit in the report the period at the end the following: ‘‘, or op- ‘‘(A) that the proposed decision to close described in subsection (f), information on the center is announced in advance to the erating costs for such centers result in a the performance of each Job Corps center, budgetary shortfall’’; general public through publication in the and the Job Corps program, regarding— Federal Register and other appropriate (3) by striking subsections (c) through (g); ‘‘(1) the number and percentage of former and means; and enrollees who obtained a regular secondary ‘‘(B) the establishment of a reasonable (4) by inserting after subsection (b) the fol- school diploma; lowing: comment period, not to exceed 30 days, for ‘‘(2) the number and percentage of former interested individuals to submit written ‘‘(c) INDICATORS OF PERFORMANCE.— enrollees who entered unsubsidized employ- ‘‘(1) PRIMARY INDICATORS.—The annual pri- comments to the Secretary. ment; ‘‘(g) PARTICIPANT HEALTH AND SAFETY.— mary indicators of performance for Job ‘‘(3) the number and percentage of former Corps centers shall include— The Secretary shall enter into an agreement enrollees who obtained a recognized postsec- with the General Services Administration or ‘‘(A) the percentage and number of enroll- ondary credential, including an industry-rec- ees who graduate from the Job Corps center; the appropriate State agency responsible for ognized credential; inspecting public buildings and safeguarding ‘‘(B) the percentage and number of grad- ‘‘(4) the number and percentage of former uates who entered unsubsidized employment the health of disadvantaged students, to con- enrollees who entered into military service; duct an in-person review of the physical con- related to the career and technical education and and training received through the Job Corps dition and health-related activities of each ‘‘(5) any additional information required Job Corps center annually. Such review shall center, except that such calculation shall by the Secretary. not include enrollment in education, the include a passing rate of occupancy under ‘‘(e) METHODS.—The Secretary shall collect Federal and State ordinances.’’. military, or volunteer service; the information described in subsections (c) ‘‘(C) the percentage and number of grad- and (d), using methods described in section CHAPTER 4—NATIONAL PROGRAMS uates who obtained a recognized postsec- 136(f)(2) and consistent with State law, by SEC. 441. TECHNICAL ASSISTANCE. ondary credential, including an industry-rec- entering into agreements with the States to Section 170 (29 U.S.C. 2915) is amended— ognized credential or a certificate from a access such data for Job Corps enrollees, (1) by striking subsection (b); registered apprenticeship program; and former enrollees, and graduates. (2) by striking: ‘‘(D) the cost per successful performance ‘‘(f) TRANSPARENCY AND ACCOUNTABILITY.— ‘‘(a) GENERAL TECHNICAL ASSISTANCE.—’’; outcome, which is calculated by comparing ‘‘(1) REPORT.—The Secretary shall collect (3) by redesignating paragraphs (1), (2), and the number of graduates who were placed in and annually submit to the Committee on (3) as subsections (a), (b), and (c) respec- unsubsidized employment or obtained a rec- Education and the Workforce of the House of tively, and moving such subsections 2 ems to ognized postsecondary credential, including Representatives and the Committee on the left, and conforming the casing style of an industry-recognized credential, to total Health, Education, Labor and Pensions of the headings of such subsections to the cas- program costs, including all operations, con- the Senate, and make available to the public ing style of the heading of subsection (d), as struction, and administration costs at each by electronic means, a report containing— added by paragraph (7) of this section; Job Corps center. ‘‘(A) information on the performance of (4) in subsection (a) (as so redesignated)— ‘‘(2) SECONDARY INDICATORS.—The annual each Job Corps center, and the Job Corps (A) by inserting ‘‘the training of staff pro- secondary indicators of performance for Job program, on the performance indicators de- viding rapid response services and additional Corps centers shall include— scribed in paragraphs (1) and (2) of sub- assistance, the training of other staff of re- ‘‘(A) the percentage and number of grad- section (c); cipients of funds under this title, assistance uates who entered unsubsidized employment ‘‘(B) a comparison of each Job Corps cen- regarding accounting and program operation not related to the career and technical edu- ter, by rank, on the performance indicators practices (when such assistance would not be cation and training received through the Job described in paragraphs (1) and (2) of sub- duplicative to assistance provided by the Corps center; section (c); State), technical assistance to States that do ‘‘(B) the percentage and number of grad- ‘‘(C) a comparison of each Job Corps cen- not meet State performance measures de- uates who entered into postsecondary edu- ter, by rank, on the average performance of scribed in section 136,’’ after ‘‘localities,’’; cation; all primary indicators described in para- and ‘‘(C) the percentage and number of grad- graph (1) of subsection (c); (B) by striking ‘‘from carrying out activi- uates who entered into the military; ‘‘(D) information on the performance of the ties’’ and all that follows up to the period ‘‘(D) the average wage of graduates who service providers described in paragraphs (3) and inserting ‘‘to implement the amend- are in unsubsidized employment— and (4) of subsection (c) on the performance ments made by the SKILLS Act’’;

VerDate Mar 15 2010 03:57 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.016 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2512 CONGRESSIONAL RECORD — SENATE April 29, 2014 (5) in subsection (b) (as so redesignated)— (2) in subsection (c)(2)(A), in the matter SEC. 448. FISCAL CONTROLS; SANCTIONS. (A) by striking ‘‘paragraph (1)’’ and insert- preceding clause (i), by striking ‘‘shall’’ and Section 184(a)(2) (29 U.S.C. 2934(a)(2)) is ing ‘‘subsection (a)’’; inserting ‘‘may’’; amended— (B) by striking ‘‘, or recipient of financial (3) in subsection (e)— (1) by striking ‘‘(A)’’ and all that follows assistance under any of sections 166 through (A) by striking ‘‘training for’’ and insert- through ‘‘Each’’ and inserting ‘‘Each’’; and 169,’’; and ing ‘‘the entry into employment, retention (2) by striking subparagraph (B). (C) by striking ‘‘or grant recipient’’; in employment, or increases in earnings of’’; SEC. 449. REPORTS TO CONGRESS. (6) in subsection (c) (as so redesignated), by and Section 185 (29 U.S.C. 2935) is amended— striking ‘‘paragraph (1)’’ and inserting ‘‘sub- (B) by striking ‘‘subtitle B’’ and inserting (1) in subsection (c)— section (a)’’; and ‘‘this Act’’; (A) in paragraph (2), by striking ‘‘and’’ (7) by inserting, after subsection (c) (as so (4) in subsection (f)(4), by striking after the semicolon; redesignated), the following: ‘‘134(a)(3)(B)’’ and inserting ‘‘133(a)(4)’’; and (B) in paragraph (3), by striking the period ‘‘(d) BEST PRACTICES COORDINATION.—The (5) by adding at the end the following: and inserting ‘‘; and’’; and Secretary shall— ‘‘(g) SALARY AND BONUS LIMITATION.— (C) by adding at the end the following: ‘‘(1) establish a system through which ‘‘(1) IN GENERAL.—No funds provided under ‘‘(4) shall have the option to submit or dis- States may share information regarding best this title shall be used by a recipient or sub- seminate electronically any reports, records, practices with regard to the operation of recipient of such funds to pay the salary and plans, or other data that are required to be workforce investment activities under this bonuses of an individual, either as direct collected or disseminated under this title.’’; Act; and costs or indirect costs, at a rate in excess of and ‘‘(2) evaluate and disseminate information the rate prescribed in level II of the Execu- (2) in subsection (e)(2), by inserting ‘‘and regarding best practices and identify knowl- tive Schedule under section 5315 of title 5, the Secretary shall submit to the Committee edge gaps.’’. United States Code. on Education and the Workforce of the SEC. 442. EVALUATIONS. ‘‘(2) VENDORS.—The limitation described in House of Representatives and the Committee Section 172 (29 U.S.C. 2917) is amended— paragraph (1) shall not apply to vendors pro- on Health, Education, Labor, and Pensions of (1) in subsection (a), by striking ‘‘the Sec- viding goods and services as defined in OMB the Senate,’’ after ‘‘Secretary,’’. retary shall provide for the continuing eval- Circular A–133. SEC. 450. ADMINISTRATIVE PROVISIONS. uation of the programs and activities, in- ‘‘(3) LOWER LIMIT.—In a case in which a Section 189 (29 U.S.C. 2939) is amended— cluding those programs and activities car- State is a recipient of such funds, the State (1) in subsection (g)— ried out under section 171’’ and inserting may establish a lower limit than is provided (A) by amending paragraph (1) to read as ‘‘the Secretary, through grants, contracts, or in paragraph (1) for salaries and bonuses of follows: cooperative agreements, shall conduct, at those receiving salaries and bonuses from a ‘‘(1) IN GENERAL.—Appropriations for any least once every 5 years, an independent subrecipient of such funds, taking into ac- fiscal year for programs and activities car- evaluation of the programs and activities count factors including the relative cost of ried out under this title shall be available for funded under this Act’’; living in the State, the compensation levels obligation only on the basis of a program (2) by amending subsection (a)(4) to read as for comparable State or local government year. The program year shall begin on Octo- follows: employees, and the size of the organizations ber 1 in the fiscal year for which the appro- ‘‘(4) the impact of receiving services and that administer the Federal programs in- priation is made.’’; and not receiving services under such programs volved. (B) in paragraph (2)— (i) in the first sentence, by striking ‘‘each and activities on the community, businesses, ‘‘(h) GENERAL AUTHORITY.— State’’ and inserting ‘‘each recipient (except and individuals;’’; ‘‘(1) IN GENERAL.—The Employment and as otherwise provided in this paragraph)’’; (3) by amending subsection (c) to read as Training Administration of the Department and follows: of Labor (referred to in this Act as the ‘Ad- (ii) in the second sentence, by striking ‘‘171 ‘‘(c) TECHNIQUES.—Evaluations conducted ministration’) shall administer all programs or’’; under this section shall utilize appropriate authorized under title I and the Wagner- (2) in subsection (i)— and rigorous methodology and research de- Peyser Act (29 U.S.C. 49 et seq.). The Admin- (A) by striking paragraphs (2) and (3); signs, including the use of control groups istration shall be headed by an Assistant (B) by redesignating paragraph (4) as para- chosen by scientific random assignment Secretary appointed by the President by and graph (2); methodologies, quasi-experimental methods, with the advice and consent of the Senate. (C) by amending paragraph (2)(A), as so re- impact analysis and the use of administra- Except for title II and the Rehabilitation Act tive data. The Secretary shall conduct an designated— of 1973 (29 U.S.C. 701 et seq.), the Administra- (i) in clause (i), by striking ‘‘; and’’ and in- impact analysis, as described in subsection tion shall be the principal agency, and the (a)(4), of the formula grant program under serting a period at the end; Assistant Secretary shall be the principal of- (ii) by striking ‘‘requirements of subpara- subtitle B not later than 2016, and thereafter ficer, of such Department for carrying out shall conduct such an analysis not less than graph (B)’’ and all that follows through ‘‘any this Act. once every 4 years.’’; of the statutory or regulatory requirements ‘‘(2) QUALIFICATIONS.—The Assistant Sec- (4) in subsection (e), by striking ‘‘the Com- of subtitle B’’ and inserting ‘‘requirements of retary shall be an individual with substan- mittee on Labor and Human Resources of the subparagraph (B) or (D), any of the statutory tial experience in workforce development Senate’’ and inserting ‘‘the Committee on or regulatory requirements of subtitle B’’; and in workforce development management. Health, Education, Labor, and Pensions of and The Assistant Secretary shall also, to the the Senate’’; (iii) by striking clause (ii); and maximum extent possible, possess knowledge (5) by redesignating subsection (f) as sub- (D) by adding at the end the following: and have worked in or with the State or section (g) and inserting after subsection (e) ‘‘(D) EXPEDITED PROCESS FOR EXTENDING local workforce investment system or have the following: APPROVED WAIVERS TO ADDITIONAL STATES.— been a member of the business community. ‘‘(f) REDUCTION OF AMOUNTS AUTHORIZED TO The Secretary may establish an expedited ‘‘(3) FUNCTIONS.—In the performance of the BE APPROPRIATED FOR LATE REPORTING.—If a procedure for the purpose of extending to ad- report required to be transmitted to Con- functions of the office, the Assistant Sec- ditional States the waiver of statutory or gress under this section is not transmitted retary shall be directly responsible to the regulatory requirements that have been ap- on or before the time period specified for Secretary or the Deputy Secretary of Labor, proved for a State pursuant to a request that report, amounts authorized to be appro- as determined by the Secretary. The func- under subparagraph (B), in lieu of requiring priated under this title shall be reduced by 10 tions of the Assistant Secretary shall not be the additional States to meet the require- percent for the fiscal year that begins after delegated to any officer not directly respon- ments of subparagraphs (B) and (C). Such the date on which the final report required sible, both with respect to program oper- procedure shall ensure that the extension of under this section is required to be trans- ation and administration, to the Assistant such a waiver to additional States is accom- mitted and reduced by an additional 10 per- Secretary. Any reference in this Act to du- panied by appropriate conditions relating to cent each subsequent fiscal year until each ties to be carried out by the Assistant Sec- the implementation of such waiver. such report is transmitted to Congress.’’; and retary shall be considered to be a reference ‘‘(E) EXTERNAL CONDITIONS.—The Secretary (6) by adding at the end, the following: to duties to be carried out by the Secretary shall not require or impose new or additional ‘‘(h) PUBLIC AVAILABILITY.—The results of acting through the Assistant Secretary.’’. requirements, that are not specified under the evaluations conducted under this section SEC. 447. PROMPT ALLOCATION OF FUNDS. this Act, on a State in exchange for pro- shall be made publicly available, including Section 182 (29 U.S.C. 2932) is amended— viding a waiver to the State or a local area by posting such results on the Department’s (1) in subsection (c)— in the State under this paragraph.’’. website.’’. (A) by striking ‘‘127 or’’; and SEC. 451. STATE LEGISLATIVE AUTHORITY. CHAPTER 5—ADMINISTRATION (B) by striking ‘‘, except that’’ and all that Section 191(a) (29 U.S.C. 2941(a)) is amend- SEC. 446. REQUIREMENTS AND RESTRICTIONS. follows and inserting a period; and ed— Section 181 (29 U.S.C. 2931) is amended— (2) in subsection (e)— (1) by striking ‘‘consistent with the provi- (1) in subsection (b)(6), by striking ‘‘, in- (A) by striking ‘‘sections 128 and 133’’ and sions of this title’’ and inserting ‘‘consistent cluding representatives of businesses and of inserting ‘‘section 133’’; and with State law and the provisions of this labor organizations,’’; (B) by striking ‘‘127 or’’. title’’; and

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(2) by striking ‘‘consistent with the terms ‘‘(A) IN GENERAL.—Subject to subparagraph forth in subparagraphs (C) through (N) of and conditions required under this title’’ and (B), no funds provided under this Act shall be paragraph (2). inserting ‘‘consistent with State law and the used or proposed for use, for— ‘‘(2) ACTIVITIES AND PROGRAMS.—For pur- terms and conditions required under this ‘‘(i) publicity or propaganda purposes; or poses of paragraph (1), the term ‘activity or title’’. ‘‘(ii) the preparation, distribution, or use program’ means any 1 of the following 14 ac- SEC. 452. GENERAL PROGRAM REQUIREMENTS. of any kit, pamphlet, booklet, publication, tivities or programs: ‘‘(A) Activities and programs authorized Section 195 (29 U.S.C. 2945) is amended— electronic communication, radio, television, under title I. (1) in paragraph (7), by inserting at the end or video presentation designed to support or ‘‘(B) Activities and programs authorized the following: defeat the enactment of legislation before under title II. ‘‘(D) Funds received under a program by a the Congress or any State or local legisla- ‘‘(C) Programs authorized under title I of public or private nonprofit entity that are ture or legislative body. ‘‘(B) EXCEPTION.—Subparagraph (A) shall the Rehabilitation Act of 1973 (29 U.S.C. 710 not described in subparagraph (B), such as et seq.). funds privately raised from philanthropic not apply to— ‘‘(i) normal and recognized executive-legis- ‘‘(D) Secondary career and technical edu- foundations, businesses, or other private en- cation programs authorized under the Carl tities, shall not be considered to be income lative relationships; ‘‘(ii) the preparation, distribution, or use D. Perkins Career and Technical Education under this title and shall not be subject to Act of 2006 (20 U.S.C. 2301 et seq.). the requirements of this paragraph.’’; of the materials described in subparagraph (A)(ii) in presentation to the Congress or any ‘‘(E) Postsecondary career and technical (2) by striking paragraph (9); education programs authorized under the (3) by redesignating paragraphs (10) State or local legislature or legislative body (except that this subparagraph does not Carl D. Perkins Career and Technical Edu- through (13) as paragraphs (9) through (12), cation Act of 2006. respectively; and apply with respect to such preparation, dis- tribution, or use in presentation to the exec- ‘‘(F) Activities and programs authorized (4) by adding at the end the following new under title II of the Trade Act of 1974 (19 paragraphs: utive branch of any State or local govern- ment); or U.S.C. 2251 et seq.). ‘‘(13) Funds provided under this title shall ‘‘(G) Programs and activities authorized not be used to establish or operate stand- ‘‘(iii) such preparation, distribution, or use of such materials, that are designed to sup- under the Act of August 16, 1937 (commonly alone fee-for-service enterprises that com- known as the ‘National Apprenticeship Act’; pete with private sector employment agen- port or defeat any proposed or pending regu- lation, administrative action, or order issued 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). cies within the meaning of section 701(c) of ‘‘(H) Programs authorized under the Com- the Civil Rights Act of 1964 (42 U.S.C. by the executive branch of any State or local government. munity Services Block Grant Act (42 U.S.C. 2000e(c)), except that for purposes of this 9901 et seq.). paragraph, such an enterprise does not in- ‘‘(2) SALARY PAYMENT RESTRICTION.—No funds provided under this Act shall be used, ‘‘(I) Programs authorized under part A of clude a one-stop center. title IV of the Social Security Act (42 U.S.C. ‘‘(14) Any report required to be submitted or proposed for use, to pay the salary or ex- penses of any grant or contract recipient, or 601 et seq.). to Congress, or to a Committee of Congress, ‘‘(J) Programs authorized under State un- under this title shall be submitted to both agent acting for such recipient, related to any activity designed to influence the enact- employment compensation laws (in accord- the chairmen and ranking minority members ance with applicable Federal law). ment or issuance of legislation, appropria- of the Committee on Education and the ‘‘(K) Work programs authorized under sec- tions, regulations, administrative action, or Workforce of the House of Representatives tion 6(o) of the Food and Nutrition Act of an Executive order proposed or pending be- and the Committee on Health, Education, 1977 (7 U.S.C. 2015(o)). fore the Congress or any State government, Labor, and Pensions of the Senate.’’. ‘‘(L) Activities and programs authorized or a State or local legislature or legislative under title I of the Housing and Community SEC. 453. FEDERAL AGENCY STAFF AND RESTRIC- body, other than for normal and recognized Development Act of 1974 (42 U.S.C. 5301 et TIONS ON POLITICAL AND LOB- executive-legislative relationships or par- BYING ACTIVITIES. seq.). ticipation by an agency or officer of a State, ‘‘(M) Activities and programs authorized Subtitle E of title I (29 U.S.C. 2931 et seq.) local, or tribal government in policymaking under the Public Works and Economic Devel- is amended by adding at the end the fol- and administrative processes within the ex- lowing new sections: opment Act of 1965 (42 U.S.C. 3121 et seq.). ecutive branch of that government. ‘‘(N) Activities authorized under chapter 41 ‘‘SEC. 196. FEDERAL AGENCY STAFF. ‘‘(b) POLITICAL RESTRICTIONS.— of title 38, United States Code.’’; ‘‘(1) IN GENERAL.—No funds received by a ‘‘The Director of the Office of Management (3) by amending subsection (d) to read as participant of a program or activity under and Budget shall— follows: ‘‘(1) not later than 60 days after the date of this Act shall be used for— ‘‘(d) APPROVAL.— the enactment of the SKILLS Act— ‘‘(A) any partisan or nonpartisan political ‘‘(1) JURISDICTION.—In approving a State ‘‘(A) identify the number of Federal gov- activity or any other political activity asso- unified plan under this section, the Sec- ernment employees who, on the day before ciated with a candidate, or contending fac- retary shall— the date of enactment of the SKILLS Act, tion or group, in an election for public or ‘‘(A) submit the portion of the State uni- worked on or administered each of the pro- party office; or fied plan covering an activity or program de- grams and activities that were authorized ‘‘(B) any activity to provide voters with scribed in subsection (b)(2) to the head of the under this Act or were authorized under a transportation to the polls or similar assist- Federal agency who exercises administrative provision listed in section ll71 of the ance in connection with any such election. authority over the activity or program for SKILLS Act; and ‘‘(2) RESTRICTION ON VOTER REGISTRATION the approval of such portion by such Federal ‘‘(B) identify the number of full-time ACTIVITIES.—No funds under this Act shall be agency head; or equivalent employees who on the day before used to conduct voter registration activities. ‘‘(B) coordinate approval of the portion of that date of enactment, worked on or admin- ‘‘(3) DEFINITION.—For the purposes of this the State unified plan covering an activity istered each of the programs and activities subsection, the term ‘participant’ includes or program described in subsection (b)(2) described in subparagraph (A), on functions any State, local area, or government, non- with the head of the Federal agency who ex- for which the authorizing provision has been profit, or for-profit entity receiving funds ercises administrative authority over the ac- repealed, or for which an amount has been under this Act.’’. tivity or program. consolidated (if such employee is in a dupli- CHAPTER 6—STATE UNIFIED PLAN ‘‘(2) TIMELINE.—A State unified plan shall cate position), on or after such date of enact- SEC. 456. STATE UNIFIED PLAN. be considered to be approved by the Sec- ment; Section 501 (20 U.S.C. 9271) is amended— retary at the end of the 90-day period begin- ‘‘(2) not later than 90 after such date of en- (1) by amending subsection (a) to read as ning on the day the Secretary receives the actment, publish the information described follows: plan, unless the Secretary makes a written in paragraph (1) on the Office of Management ‘‘(a) GENERAL AUTHORITY.—The Secretary determination, during the 90-day period, that and Budget website; and shall receive and approve State unified plans details how the plan is not consistent with ‘‘(3) not later than 1 year after such date of developed and submitted in accordance with the requirements of the Federal statute au- enactment— this section.’’; thorizing an activity or program described in ‘‘(A) reduce the workforce of the Federal (2) by amending subsection (b) to read as subsection (b)(2) and covered under the plan Government by the number of full-time follows: or how the plan is not consistent with the re- equivalent employees identified under para- ‘‘(b) STATE UNIFIED PLAN.— quirements of subsection (c)(3). graph (1)(B); and ‘‘(1) IN GENERAL.—A State may develop and ‘‘(3) SCOPE OF PORTION.—For purposes of ‘‘(B) submit to Congress a report on how submit to the Secretary a State unified plan paragraph (1), the portion of the State uni- the Director carried out the requirements of for 2 or more of the activities or programs fied plan covering an activity or program subparagraph (A). set forth in paragraph (2). The State unified shall be considered to include the plan de- ‘‘SEC. 197. RESTRICTIONS ON LOBBYING AND PO- plan shall cover one or more of the activities scribed in subsection (c)(3) and any proposal LITICAL ACTIVITIES. or programs set forth in subparagraphs (A) described in subsection (e)(2), as that part ‘‘(a) LOBBYING RESTRICTIONS.— and (B) of paragraph (2) and shall cover one and proposal relate to the activity or pro- ‘‘(1) PUBLICITY RESTRICTIONS.— or more of the activities or programs set gram.’’; and

VerDate Mar 15 2010 03:57 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.016 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2514 CONGRESSIONAL RECORD — SENATE April 29, 2014 (4) by adding at the end the following: ‘adult education and family literacy edu- ‘‘(ii) training for parents regarding how to ‘‘(e) ADDITIONAL EMPLOYMENT AND TRAIN- cation programs’ means a sequence of aca- be the primary teacher for their children and ING FUNDS.— demic instruction and educational services full partners in the education of their chil- ‘‘(1) PURPOSE.—It is the purpose of this below the postsecondary level that increase dren; subsection to reduce inefficiencies in the ad- an individual’s ability to read, write, and ‘‘(iii) parent literacy training that leads to ministration of federally funded State and speak English and perform mathematical economic self-sufficiency; and local employment and training programs. computations leading to a level of pro- ‘‘(iv) an age-appropriate education to pre- ‘‘(2) IN GENERAL.—In developing a State ficiency equivalent to at least a secondary pare children for success in school and life unified plan for the activities or programs school completion that is provided for indi- experiences. described in subsection (b)(2), and subject to viduals— ‘‘(6) GOVERNOR.—The term ‘Governor’ paragraph (4) and to the State plan approval ‘‘(A) who are at least 16 years of age; means the chief executive officer of a State process under subsection (d), a State may ‘‘(B) who are not enrolled or required to be or outlying area. propose to consolidate the amount, in whole enrolled in secondary school under State ‘‘(7) INDIVIDUAL WITH A DISABILITY.— or part, provided for the activities or pro- law; and ‘‘(A) IN GENERAL.—The term ‘individual grams covered by the plan into the Work- ‘‘(C) who— with a disability’ means an individual with force Investment Fund under section 132(b) ‘‘(i) lack sufficient mastery of basic read- any disability (as defined in section 3 of the to improve the administration of State and ing, writing, speaking, and mathematics Americans with Disabilities Act of 1990). local employment and training programs. skills to enable the individuals to function ‘‘(B) INDIVIDUALS WITH DISABILITIES.—The ‘‘(3) REQUIREMENTS.—A State that has a effectively in society; term ‘individuals with disabilities’ means State unified plan approved under subsection ‘‘(ii) do not have a secondary school di- more than one individual with a disability. (d) with a proposal for consolidation under ploma or its equivalent and have not ‘‘(8) ENGLISH LEARNER.—The term ‘English paragraph (2), and that is carrying out such achieved an equivalent level of education; or learner’ means an adult or out-of-school consolidation, shall— ‘‘(iii) are English learners. youth who has limited ability in reading, ‘‘(A) in providing an activity or program ‘‘(2) ELIGIBLE AGENCY.—The term ‘eligible writing, speaking, or understanding the for which an amount is consolidated into the agency’— English language, and— Workforce Investment Fund— ‘‘(A) means the primary entity or agency ‘‘(A) whose native language is a language ‘‘(i) continue to meet the program require- in a State or an outlying area responsible for other than English; or ments, limitations, and prohibitions of any administering or supervising policy for adult ‘‘(B) who lives in a family or community Federal statute authorizing the activity or education and family literacy education pro- environment where a language other than program; and grams in the State or outlying area, respec- English is the dominant language. ‘‘(ii) meet the intent and purpose for the tively, consistent with the law of the State ‘‘(9) INTEGRATED EDUCATION AND TRAIN- activity or program; and or outlying area, respectively; and ING.—The term ‘integrated education and ‘‘(B) continue to make reservations and al- ‘‘(B) may be the State educational agency, training’ means services that provide adult lotments under subsections (a) and (b) of sec- the State agency responsible for admin- education and literacy activities contex- tion 133. istering workforce investment activities, or tually and concurrently with workforce ‘‘(4) EXCEPTIONS.—A State may not con- the State agency responsible for admin- preparation activities and workforce train- solidate an amount under paragraph (2) that istering community or technical colleges. ing for a specific occupation or occupational is allocated to the State under— ‘‘(3) ELIGIBLE PROVIDER.—The term ‘eligi- cluster. Such services may include offering ‘‘(A) the Carl D. Perkins Career and Tech- ble provider’ means an organization of dem- adult education services concurrent with nical Education Act of 2006 (20 U.S.C. 2301 et onstrated effectiveness that is— postsecondary education and training, in- seq.); or ‘‘(A) a local educational agency; cluding through co-instruction. ‘‘(B) title I of the Rehabilitation Act of ‘‘(B) a community-based or faith-based or- ‘‘(10) INSTITUTION OF HIGHER EDUCATION.— 1973 (29 U.S.C. 710 et seq.).’’. ganization; The term ‘institution of higher education’ ‘‘(C) a volunteer literacy organization; has the meaning given the term in section Subtitle B—Adult Education and Family ‘‘(D) an institution of higher education; 101 of the Higher Education Act of 1965. Literacy Education ‘‘(E) a public or private educational agen- ‘‘(11) LITERACY.—The term ‘literacy’ means SEC. 461. AMENDMENT. cy; an individual’s ability to read, write, and Title II (20 U.S.C. 9201 et seq.) is amended ‘‘(F) a library; speak in English, compute, and solve prob- to read as follows: ‘‘(G) a public housing authority; lems at a level of proficiency necessary to ‘‘TITLE II—ADULT EDUCATION AND ‘‘(H) an institution that is not described in obtain employment and to successfully make FAMILY LITERACY EDUCATION any of subparagraphs (A) through (G) and the transition to postsecondary education. ‘‘SEC. 201. SHORT TITLE. has the ability to provide adult education, ‘‘(12) LOCAL EDUCATIONAL AGENCY.—The ‘‘This title may be cited as the ‘Adult Edu- basic skills, and family literacy education term ‘local educational agency’ has the cation and Family Literacy Education Act’. programs to adults and families; or meaning given the term in section 9101 of the ‘‘SEC. 202. PURPOSE. ‘‘(I) a consortium of the agencies, organiza- Elementary and Secondary Education Act of ‘‘It is the purpose of this title to provide tions, institutions, libraries, or authorities 1965. instructional opportunities for adults seek- described in any of subparagraphs (A) ‘‘(13) OUTLYING AREA.—The term ‘outlying ing to improve their literacy skills, includ- through (H). area’ has the meaning given the term in sec- ing their basic reading, writing, speaking, ‘‘(4) ENGLISH LANGUAGE ACQUISITION PRO- tion 101 of this Act. and mathematics skills, and support States GRAM.—The term ‘English language acquisi- ‘‘(14) POSTSECONDARY EDUCATIONAL INSTITU- and local communities in providing, on a tion program’ means a program of instruc- TION.—The term ‘postsecondary educational voluntary basis, adult education and family tion— institution’ means— literacy education programs, in order to— ‘‘(A) designed to help English learners ‘‘(A) an institution of higher education ‘‘(1) increase the literacy of adults, includ- achieve competence in reading, writing, that provides not less than a 2-year program ing the basic reading, writing, speaking, and speaking, and comprehension of the English of instruction that is acceptable for credit mathematics skills, to a level of proficiency language; and toward a bachelor’s degree; necessary for adults to obtain employment ‘‘(B) that may lead to— ‘‘(B) a tribally controlled community col- and self-sufficiency and to successfully ad- ‘‘(i) attainment of a secondary school di- lege; or vance in the workforce; ploma or its recognized equivalent; ‘‘(C) a nonprofit educational institution of- ‘‘(2) assist adults in the completion of a ‘‘(ii) transition to success in postsecondary fering certificate or apprenticeship programs secondary school education (or its equiva- education and training; and at the postsecondary level. lent) and the transition to a postsecondary ‘‘(iii) employment or career advancement. ‘‘(15) SECRETARY.—The term ‘Secretary’ educational institution; ‘‘(5) FAMILY LITERACY EDUCATION PRO- means the Secretary of Education. ‘‘(3) assist adults who are parents to enable GRAM.—The term ‘family literacy education ‘‘(16) STATE.—The term ‘State’ means each them to support the educational develop- program’ means an educational program of the several States of the United States, ment of their children and make informed that— the District of Columbia, and the Common- choices regarding their children’s education ‘‘(A) assists parents and students, on a vol- wealth of Puerto Rico. including, through instruction in basic read- untary basis, in achieving the purpose of this ‘‘(17) STATE EDUCATIONAL AGENCY.—The ing, writing, speaking, and mathematics title as described in section 202; and term ‘State educational agency’ has the skills; and ‘‘(B) is of sufficient intensity in terms of meaning given the term in section 9101 of the ‘‘(4) assist adults who are not proficient in hours and of sufficient quality to make sus- Elementary and Secondary Education Act of English in improving their reading, writing, tainable changes in a family, is evidence- 1965. speaking, listening, comprehension, and based, and, for the purpose of substantially ‘‘(18) WORKPLACE LITERACY PROGRAM.—The mathematics skills. increasing the ability of parents and children term ‘workplace literacy program’ means an ‘‘SEC. 203. DEFINITIONS. to read, write, and speak English, inte- educational program that is offered in col- ‘‘In this title: grates— laboration between eligible providers and ‘‘(1) ADULT EDUCATION AND FAMILY LIT- ‘‘(i) interactive literacy activities between employers or employee organizations for the ERACY EDUCATION PROGRAMS.—The term parents and their children; purpose of improving the productivity of the

VerDate Mar 15 2010 03:57 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.016 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 29, 2014 CONGRESSIONAL RECORD — SENATE S2515 workforce through the improvement of read- the extension of United States education as- ‘‘(A) in the case of an eligible agency serv- ing, writing, speaking, and mathematics sistance under the Compact of Free Associa- ing an outlying area, 12 percent of the total skills. tion for the Republic of Palau becomes effec- amount of funds expended for adult edu- ‘‘SEC. 204. HOME SCHOOLS. tive. cation and family literacy education pro- ‘‘Nothing in this title shall be construed to ‘‘(f) HOLD-HARMLESS PROVISIONS.— grams in the outlying area, except that the affect home schools, whether or not a home ‘‘(1) IN GENERAL.—Notwithstanding sub- Secretary may decrease the amount of funds school is treated as a home school or a pri- section (c) and subject to paragraph (2), for— required under this subparagraph for an eli- vate school under State law, or to compel a ‘‘(A) fiscal year 2015, no eligible agency gible agency; and parent engaged in home schooling to partici- shall receive an allotment under this title ‘‘(B) in the case of an eligible agency serv- pate in adult education and family literacy that is less than 90 percent of the allotment ing a State, 25 percent of the total amount of education activities under this title. the eligible agency received for fiscal year funds expended for adult education and fam- ‘‘SEC. 205. AUTHORIZATION OF APPROPRIATIONS. 2012 under this title; and ily literacy education programs in the State. ‘‘There are authorized to be appropriated ‘‘(B) fiscal year 2016 and each succeeding ‘‘(2) NON-FEDERAL CONTRIBUTION.—An eligi- to carry out this title, $606,294,933 for fiscal fiscal year, no eligible agency shall receive ble agency’s non-Federal contribution re- year 2015 and for each of the 6 succeeding fis- an allotment under this title that is less quired under paragraph (1) may be provided cal years. than 90 percent of the allotment the eligible in cash or in kind, fairly evaluated, and shall agency received for the preceding fiscal year ‘‘Subtitle A—Federal Provisions include only non-Federal funds that are used under this title. for adult education and family literacy edu- ‘‘SEC. 211. RESERVATION OF FUNDS; GRANTS TO ‘‘(2) RATABLE REDUCTION.—If, for any fiscal cation programs in a manner that is con- ELIGIBLE AGENCIES; ALLOTMENTS. year the amount available for allotment sistent with the purpose of this title. ‘‘(a) RESERVATION OF FUNDS.—From the under this title is insufficient to satisfy the sums appropriated under section 205 for a fis- ‘‘SEC. 223. STATE LEADERSHIP ACTIVITIES. provisions of paragraph (1), the Secretary cal year, the Secretary shall reserve 2.0 per- ‘‘(a) IN GENERAL.—Each eligible agency shall ratable reduce the payments to all eli- cent to carry out section 242. may use funds made available under section gible agencies, as necessary. ‘‘(b) GRANTS TO ELIGIBLE AGENCIES.— 222(a)(2) for any of the following adult edu- ‘‘(g) REALLOTMENT.—The portion of any el- ‘‘(1) IN GENERAL.—From the sums appro- cation and family literacy education pro- igible agency’s allotment under this title for grams: priated under section 205 and not reserved a fiscal year that the Secretary determines under subsection (a) for a fiscal year, the ‘‘(1) The establishment or operation of pro- will not be required for the period such allot- fessional development programs to improve Secretary shall award a grant to each eligi- ment is available for carrying out activities ble agency having a State plan approved the quality of instruction provided pursuant under this title, shall be available for real- to local activities required under section under section 224 in an amount equal to the lotment from time to time, on such dates sum of the initial allotment under sub- 231(b). during such period as the Secretary shall fix, ‘‘(2) The provision of technical assistance section (c)(1) and the additional allotment to other eligible agencies in proportion to under subsection (c)(2) for the eligible agen- to eligible providers of adult education and the original allotments to such agencies family literacy education programs, includ- cy for the fiscal year, subject to subsections under this title for such year. (f) and (g). ing for the development and dissemination of ‘‘SEC. 212. PERFORMANCE ACCOUNTABILITY SYS- ‘‘(2) PURPOSE OF GRANTS.—The Secretary evidence based research instructional prac- TEM. may award a grant under paragraph (1) only tices in reading, writing, speaking, mathe- ‘‘Programs and activities authorized under matics, and English language acquisition if the eligible agency involved agrees to ex- this title are subject to the performance ac- pend the grant in accordance with the provi- programs. countability provisions described in para- ‘‘(3) The provision of assistance to eligible sions of this title. graphs (2)(A) and (3) of section 136(b) and ‘‘(c) ALLOTMENTS.— providers in developing, implementing, and may, at a State’s discretion, include addi- ‘‘(1) INITIAL ALLOTMENTS.—From the sums reporting measurable progress in achieving tional indicators identified in the State plan appropriated under section 205 and not re- the objectives of this title. approved under section 224. served under subsection (a) for a fiscal year, ‘‘(4) The monitoring and evaluation of the the Secretary shall allot to each eligible ‘‘Subtitle B—State Provisions quality of, and the improvement in, adult agency having a State plan approved under ‘‘SEC. 221. STATE ADMINISTRATION. education and literacy activities. section 224— ‘‘Each eligible agency shall be responsible ‘‘(5) The provision of technology assist- ‘‘(A) $100,000, in the case of an eligible for the following activities under this title: ance, including staff training, to eligible pro- agency serving an outlying area; and ‘‘(1) The development, submission, imple- viders of adult education and family literacy ‘‘(B) $250,000, in the case of any other eligi- mentation, and monitoring of the State plan. education programs, including distance edu- ble agency. ‘‘(2) Consultation with other appropriate cation activities, to enable the eligible pro- ‘‘(2) ADDITIONAL ALLOTMENTS.—From the agencies, groups, and individuals that are in- viders to improve the quality of such activi- sums appropriated under section 205, not re- volved in, or interested in, the development ties. served under subsection (a), and not allotted and implementation of activities assisted ‘‘(6) The development and implementation under paragraph (1), for a fiscal year, the under this title. of technology applications or distance edu- Secretary shall allot to each eligible agency ‘‘(3) Coordination and avoidance of duplica- cation, including professional development that receives an initial allotment under tion with other Federal and State education, to support the use of instructional tech- paragraph (1) an additional amount that training, corrections, public housing, and so- nology. bears the same relationship to such sums as cial service programs. ‘‘(7) Coordination with other public pro- the number of qualifying adults in the State ‘‘SEC. 222. STATE DISTRIBUTION OF FUNDS; grams, including programs under title I of or outlying area served by the eligible agen- MATCHING REQUIREMENT. this Act, and other welfare-to-work, work- cy bears to the number of such adults in all ‘‘(a) STATE DISTRIBUTION OF FUNDS.—Each force development, and job training pro- States and outlying areas. eligible agency receiving a grant under this grams. ‘‘(d) QUALIFYING ADULT.—For the purpose title for a fiscal year— ‘‘(8) Coordination with existing support of subsection (c)(2), the term ‘qualifying ‘‘(1) shall use not less than 82.5 percent of services, such as transportation, child care, adult’ means an adult who— the grant funds to award grants and con- and other assistance designed to increase ‘‘(1) is at least 16 years of age; tracts under section 231 and to carry out sec- rates of enrollment in, and successful com- ‘‘(2) is beyond the age of compulsory school tion 225, of which not more than 10 percent of pletion of, adult education and family lit- attendance under the law of the State or such amount shall be available to carry out eracy education programs, for adults en- outlying area; section 225; rolled in such activities. ‘‘(3) does not have a secondary school di- ‘‘(2) shall use not more than 12.5 percent of ‘‘(9) The development and implementation ploma or its recognized equivalent; and the grant funds to carry out State leadership of a system to assist in the transition from ‘‘(4) is not enrolled in secondary school. activities under section 223; and adult basic education to postsecondary edu- ‘‘(e) SPECIAL RULE.— ‘‘(3) shall use not more than 5 percent of cation. ‘‘(1) IN GENERAL.—From amounts made the grant funds, or $65,000, whichever is ‘‘(10) Activities to promote workplace lit- available under subsection (c) for the Repub- greater, for the administrative expenses of eracy programs. lic of Palau, the Secretary shall award the eligible agency. ‘‘(11) Other activities of statewide signifi- grants to Guam, American Samoa, the Com- ‘‘(b) MATCHING REQUIREMENT.— cance, including assisting eligible providers monwealth of the Northern Mariana Islands, ‘‘(1) IN GENERAL.—In order to receive a in achieving progress in improving the skill or the Republic of Palau to carry out activi- grant from the Secretary under section levels of adults who participate in programs ties described in this title in accordance with 211(b), each eligible agency shall provide, for under this title. the provisions of this title as determined by the costs to be incurred by the eligible agen- ‘‘(12) Integration of literacy, instructional, the Secretary. cy in carrying out the adult education and and occupational skill training and pro- ‘‘(2) TERMINATION OF ELIGIBILITY.—Notwith- family literacy education programs for motion of linkages with employees. standing any other provision of law, the Re- which the grant is awarded, a non-Federal ‘‘(b) COORDINATION.—In carrying out this public of Palau shall be eligible to receive a contribution in an amount that is not less section, eligible agencies shall coordinate grant under this title until an agreement for than— where possible, and avoid duplicating efforts,

VerDate Mar 15 2010 03:57 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.016 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2516 CONGRESSIONAL RECORD — SENATE April 29, 2014 in order to maximize the impact of the ac- ‘‘(C) the unemployed; in correctional institutions and for other in- tivities described in subsection (a). ‘‘(D) the underemployed; and stitutionalized individuals, including aca- ‘‘(c) STATE-IMPOSED REQUIREMENTS.— ‘‘(E) individuals with multiple barriers to demic programs for— Whenever a State or outlying area imple- educational enhancement, including English ‘‘(1) basic skills education; ments any rule or policy relating to the ad- learners; ‘‘(2) special education programs as deter- ministration or operation of a program au- ‘‘(9) a description of how the adult edu- mined by the eligible agency; thorized under this title that has the effect cation and family literacy education pro- ‘‘(3) reading, writing, speaking, and mathe- of imposing a requirement that is not im- grams that will be carried out with any matics programs; posed under Federal law (including any rule funds received under this title will be inte- ‘‘(4) secondary school credit or diploma or policy based on a State or outlying area grated with other adult education, career de- programs or their recognized equivalent; and interpretation of a Federal statute, regula- velopment, and employment and training ac- ‘‘(5) integrated education and training. tion, or guideline), the State or outlying tivities in the State or outlying area served ‘‘(c) PRIORITY.—Each eligible agency that area shall identify, to eligible providers, the by the eligible agency; is using assistance provided under this sec- rule or policy as being imposed by the State ‘‘(10) a description of the steps the eligible tion to carry out a program for criminal of- or outlying area. agency will take to ensure direct and equi- fenders within a correctional institution shall give priority to serving individuals who ‘‘SEC. 224. STATE PLAN. table access, as required in section 231(c)(1), are likely to leave the correctional institu- ‘‘(a) 3-YEAR PLANS.— including— ‘‘(A) how the State will build the capacity tion within 5 years of participation in the ‘‘(1) IN GENERAL.—Each eligible agency de- program. siring a grant under this title for any fiscal of community-based and faith-based organi- zations to provide adult education and fam- ‘‘(d) DEFINITIONS.—In this section: year shall submit to, or have on file with, ‘‘(1) CORRECTIONAL INSTITUTION.—The term the Secretary a 3-year State plan. ily literacy education programs; and ‘‘(B) how the State will increase the par- ‘correctional institution’ means any— ‘‘(2) STATE UNIFIED PLAN.—The eligible ‘‘(A) prison; agency may submit the State plan as part of ticipation of business and industry in adult education and family literacy education pro- ‘‘(B) jail; a State unified plan described in section 501. ‘‘(C) reformatory; ‘‘(b) PLAN CONTENTS.—The eligible agency grams; ‘‘(11) an assessment of the adequacy of the ‘‘(D) work farm; shall include in the State plan or any revi- ‘‘(E) detention center; or sions to the State plan— system of the State or outlying area to en- sure teacher quality and a description of how ‘‘(F) halfway house, community-based re- ‘‘(1) an objective assessment of the needs of habilitation center, or any other similar in- individuals in the State or outlying area for the State or outlying area will use funds re- ceived under this subtitle to improve teacher stitution designed for the confinement or re- adult education and family literacy edu- habilitation of criminal offenders. cation programs, including individuals most quality, including evidence-based profes- sional development to improve instruction; ‘‘(2) CRIMINAL OFFENDER.—The term ‘crimi- in need or hardest to serve; nal offender’ means any individual who is ‘‘(2) a description of the adult education and ‘‘(12) a description of how the eligible agen- charged with, or convicted of, any criminal and family literacy education programs that offense. will be carried out with funds received under cy will consult with any State agency re- ‘‘Subtitle C—Local Provisions this title; sponsible for postsecondary education to de- ‘‘(3) an assurance that the funds received velop adult education that prepares students ‘‘SEC. 231. GRANTS AND CONTRACTS FOR ELIGI- under this title will not be expended for any to enter postsecondary education without BLE PROVIDERS. ‘‘(a) GRANTS AND CONTRACTS.—From grant purpose other than for activities under this the need for remediation upon completion of funds made available under section 222(a)(1), title; secondary school equivalency programs. each eligible agency shall award multi-year ‘‘(4) a description of how the eligible agen- ‘‘(c) PLAN REVISIONS.—When changes in grants or contracts, on a competitive basis, cy will annually evaluate and measure the conditions or other factors require substan- to eligible providers within the State or out- effectiveness and improvement of the adult tial revisions to an approved State plan, the eligible agency shall submit the revisions of lying area that meet the conditions and re- education and family literacy education pro- quirements of this title to enable the eligible grams funded under this title using the indi- the State plan to the Secretary. ‘‘(d) CONSULTATION.—The eligible agency providers to develop, implement, and im- cators of performance described in section shall— prove adult education and family literacy 136, including how the eligible agency will ‘‘(1) submit the State plan, and any revi- education programs within the State. conduct such annual evaluations and meas- sions to the State plan, to the Governor, the ‘‘(b) LOCAL ACTIVITIES.—The eligible agen- ures for each grant received under this title; chief State school officer, or the State offi- cy shall require eligible providers receiving a ‘‘(5) a description of how the eligible agen- cer responsible for administering community grant or contract under subsection (a) to es- cy will fund local activities in accordance or technical colleges, or outlying area for re- tablish or operate— with the measurable goals described in sec- view and comment; and ‘‘(1) programs that provide adult education tion 231(d); ‘‘(2) ensure that any comments regarding and literacy activities; ‘‘(6) an assurance that the eligible agency the State plan by the Governor, the chief ‘‘(2) programs that provide integrated edu- will expend the funds under this title only in State school officer, or the State officer re- cation and training activities; or a manner consistent with fiscal require- sponsible for administering community or ‘‘(3) credit-bearing postsecondary ments in section 241; technical colleges, and any revision to the coursework. ‘‘(7) a description of the process that will State plan, are submitted to the Secretary. ‘‘(c) DIRECT AND EQUITABLE ACCESS; SAME be used for public participation and com- ‘‘(e) PLAN APPROVAL.—The Secretary PROCESS.—Each eligible agency receiving ment with respect to the State plan, which— shall— funds under this title shall ensure that— ‘‘(A) shall include consultation with the ‘‘(1) approve a State plan within 90 days ‘‘(1) all eligible providers have direct and State workforce investment board, the State after receiving the plan unless the Secretary equitable access to apply for grants or con- board responsible for administering commu- makes a written determination within 30 tracts under this section; and nity or technical colleges, the Governor, the days after receiving the plan that the plan ‘‘(2) the same grant or contract announce- State educational agency, the State board or does not meet the requirements of this sec- ment process and application process is used agency responsible for administering block tion or is inconsistent with specific provi- for all eligible providers in the State or out- grants for temporary assistance to needy sions of this subtitle; and lying area. families under title IV of the Social Security ‘‘(2) not finally disapprove of a State plan ‘‘(d) MEASURABLE GOALS.—The eligible Act, the State council on disabilities, the before offering the eligible agency the oppor- agency shall require eligible providers re- State vocational rehabilitation agency, and tunity, prior to the expiration of the 30-day ceiving a grant or contract under subsection other State agencies that promote the im- period beginning on the date on which the el- (a) to demonstrate— provement of adult education and family lit- igible agency received the written deter- ‘‘(1) the eligible provider’s measurable eracy education programs, and direct pro- mination described in paragraph (1), to re- goals for participant outcomes to be viders of such programs; and view the plan and providing technical assist- achieved annually on the core indicators of ‘‘(B) may include consultation with the ance in order to assist the eligible agency in performance described in section 136(b)(2)(A); State agency on higher education, institu- meeting the requirements of this subtitle. ‘‘(2) the past effectiveness of the eligible tions responsible for professional develop- provider in improving the basic academic ‘‘SEC. 225. PROGRAMS FOR CORRECTIONS EDU- ment of adult education and family literacy CATION AND OTHER INSTITU- skills of adults and, for eligible providers re- education programs instructors, representa- TIONALIZED INDIVIDUALS. ceiving grants in the prior year, the success tives of business and industry, refugee assist- ‘‘(a) PROGRAM AUTHORIZED.—From funds of the eligible provider receiving funding ance programs, and faith-based organiza- made available under section 222(a)(1) for a under this title in exceeding its performance tions; fiscal year, each eligible agency shall carry goals in the prior year; ‘‘(8) a description of the eligible agency’s out corrections education and education for ‘‘(3) the commitment of the eligible pro- strategies for serving populations that in- other institutionalized individuals. vider to serve individuals in the community clude, at a minimum— ‘‘(b) USES OF FUNDS.—The funds described who are the most in need of basic academic ‘‘(A) low-income individuals; in subsection (a) shall be used for the cost of skills instruction services, including individ- ‘‘(B) individuals with disabilities; educational programs for criminal offenders uals with disabilities and individuals who are

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low-income or have minimal reading, writ- ‘‘(1) at least 95 percent shall be expended ‘‘(1) IN GENERAL.—The Secretary of Labor ing, speaking, and mathematics skills, or are for carrying out adult education and family (referred to in this section as the ‘Sec- English learners; literacy education programs; and retary’), in accordance with the provisions of ‘‘(4) the program is of sufficient intensity ‘‘(2) the remaining amount shall be used this section, shall oversee the development, and quality for participants to achieve sub- for planning, administration, personnel and maintenance, and continuous improvement stantial learning gains; professional development, development of of a nationwide workforce and labor market ‘‘(5) educational practices are evidence- measurable goals in reading, writing, speak- information system that includes— based; ing, and mathematics, and interagency co- ‘‘(A) statistical data from cooperative sta- ‘‘(6) the activities of the eligible provider ordination. tistical survey and projection programs and effectively employ advances in technology, ‘‘(b) SPECIAL RULE.—In cases where the data from administrative reporting systems and delivery systems including distance edu- cost limits described in subsection (a) are that, taken together, enumerate, estimate, cation; too restrictive to allow for adequate plan- and project employment opportunities and ‘‘(7) the activities provide instruction in ning, administration, personnel develop- conditions at national, State, and local lev- ment, and interagency coordination, the eli- real-life contexts, including integrated edu- els in a timely manner, including statistics gible provider may negotiate with the eligi- cation and training when appropriate, to en- on— ble agency in order to determine an adequate sure that an individual has the skills needed ‘‘(i) employment and unemployment status to compete in the workplace and exercise the level of funds to be used for noninstructional purposes. of national, State, and local populations, in- rights and responsibilities of citizenship; cluding self-employed, part-time, and sea- ‘‘(8) the activities are staffed by well- ‘‘Subtitle D—General Provisions sonal workers; trained instructors, counselors, and adminis- ‘‘SEC. 241. ADMINISTRATIVE PROVISIONS. ‘‘(ii) industrial distribution of occupations, trators who meet minimum qualifications ‘‘Funds made available for adult education as well as current and projected employment established by the State; and family literacy education programs opportunities, wages, benefits (where data is ‘‘(9) the activities are coordinated with under this title shall supplement and not available), and skill trends by occupation other available resources in the community, supplant other State or local public funds ex- and industry, with particular attention paid such as through strong links with elemen- pended for adult education and family lit- to State and local conditions; eracy education programs. tary schools and secondary schools, postsec- ‘‘(iii) the incidence of, industrial and geo- ondary educational institutions, local work- ‘‘SEC. 242. NATIONAL ACTIVITIES. graphical location of, and number of workers force investment boards, one-stop centers, ‘‘The Secretary shall establish and carry displaced by, permanent layoffs and plant job training programs, community-based and out a program of national activities that closings; and may include the following: faith-based organizations, and social service ‘‘(iv) employment and earnings informa- ‘‘(1) Providing technical assistance to eli- agencies; tion maintained in a longitudinal manner to gible entities, on request, to— ‘‘(10) the activities offer flexible schedules be used for research and program evaluation; ‘‘(A) improve their fiscal management, re- and support services (such as child care and ‘‘(B) information on State and local em- search-based instruction, and reporting re- transportation) that are necessary to enable ployment opportunities, and other appro- quirements to carry out the requirements of individuals, including individuals with dis- priate statistical data related to labor mar- this title; abilities or other special needs, to attend and ket dynamics, which— ‘‘(B) improve its performance on the core complete programs; ‘‘(i) shall be current and comprehensive; ‘‘(11) the activities include a high-quality indicators of performance described in sec- tion 136; ‘‘(ii) shall meet the needs identified information management system that has through the consultations described in sub- the capacity to report measurable partici- ‘‘(C) provide adult education professional development; and paragraphs (C) and (D) of subsection (e)(1); pant outcomes (consistent with section 136) and and to monitor program performance; ‘‘(D) use distance education and improve the application of technology in the class- ‘‘(iii) shall meet the needs for the informa- ‘‘(12) the local communities have a dem- tion identified in section 121(e)(1)(E) of the onstrated need for additional English lan- room, including instruction in English lan- guage acquisition for English learners. Workforce Investment Act of 1998 (29 U.S.C. guage acquisition programs, and integrated 2841(e)(1)(E)); education and training programs; ‘‘(2) Providing for the conduct of research on national literacy basic skill acquisition ‘‘(C) technical standards (which the Sec- ‘‘(13) the capacity of the eligible provider retary shall publish annually) for data and to produce valid information on performance levels among adults, including the number of adult English learners functioning at dif- information described in subparagraphs (A) results, including enrollments and measur- ferent levels of reading proficiency. and (B) that, at a minimum, meet the cri- able participant outcomes; ‘‘(3) Improving the coordination, effi- teria of chapter 35 of title 44, United States ‘‘(14) adult education and family literacy ciency, and effectiveness of adult education Code; education programs offer rigorous reading, and workforce development services at the ‘‘(D) procedures to ensure compatibility writing, speaking, and mathematics content national, State, and local levels. and additivity of the data and information that are evidence based; and ‘‘(4) Determining how participation in described in subparagraphs (A) and (B) from ‘‘(15) applications of technology, and serv- adult education, English language acquisi- national, State, and local levels; ices to be provided by the eligible providers, tion, and family literacy education programs ‘‘(E) procedures to support standardization are of sufficient intensity and duration to in- prepares individuals for entry into and suc- and aggregation of data from administrative crease the amount and quality of learning cess in postsecondary education and employ- reporting systems described in subparagraph and lead to measurable learning gains within ment, and in the case of prison-based serv- (A) of employment-related programs; specified time periods. ices, the effect on recidivism. ‘‘(F) analysis of data and information de- ‘‘(e) SPECIAL RULE.—Eligible providers may ‘‘(5) Evaluating how different types of pro- scribed in subparagraphs (A) and (B) for uses use grant funds under this title to serve chil- viders, including community and faith-based such as— dren participating in family literacy pro- organizations or private for-profit agencies ‘‘(i) national, State, and local policy- grams assisted under this part, provided that measurably improve the skills of partici- making; other sources of funds available to provide pants in adult education, English language ‘‘(ii) implementation of Federal policies similar services for such children are used acquisition, and family literacy education (including allocation formulas); first. programs. ‘‘(iii) program planning and evaluation; ‘‘SEC. 232. LOCAL APPLICATION. ‘‘(6) Identifying model integrated basic and and ‘‘Each eligible provider desiring a grant or workplace skills education programs, includ- ‘‘(iv) researching labor market dynamics; contract under this title shall submit an ap- ing programs for English learners coordi- ‘‘(G) wide dissemination of such data, in- plication to the eligible agency containing nated literacy and employment services, and formation, and analysis in a user-friendly such information and assurances as the eligi- effective strategies for serving adults with manner and voluntary technical standards ble agency may require, including— disabilities. for dissemination mechanisms; and ‘‘(1) a description of how funds awarded ‘‘(7) Initiating other activities designed to ‘‘(H) programs of— under this title will be spent consistent with improve the measurable quality and effec- ‘‘(i) training for effective data dissemina- the requirements of this title; tiveness of adult education, English lan- tion; ‘‘(2) a description of any cooperative ar- guage acquisition, and family literacy edu- ‘‘(ii) research and demonstration; and rangements the eligible provider has with cation programs nationwide.’’. ‘‘(iii) programs and technical assistance. other agencies, institutions, or organizations Subtitle C—Amendments to the Wagner- ‘‘(2) INFORMATION TO BE CONFIDENTIAL.— for the delivery of adult education and fam- Peyser Act ‘‘(A) IN GENERAL.—No officer or employee ily literacy education programs; and SEC. 466. AMENDMENTS TO THE WAGNER-PEYSER of the Federal Government or agent of the ‘‘(3) each of the demonstrations required ACT. Federal Government may— by section 231(d). Section 15 of the Wagner-Peyser Act (29 ‘‘(i) use any submission that is furnished ‘‘SEC. 233. LOCAL ADMINISTRATIVE COST LIMITS. U.S.C. 49l–2) is amended to read as follows: for exclusively statistical purposes under the ‘‘(a) IN GENERAL.—Subject to subsection ‘‘SEC. 15. WORKFORCE AND LABOR MARKET IN- provisions of this section for any purpose (b), of the amount that is made available FORMATION SYSTEM. other than the statistical purposes for which under this title to an eligible provider— ‘‘(a) SYSTEM CONTENT.— the submission is furnished;

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‘‘(ii) disclose to the public any publication ‘‘(c) NATIONAL ELECTRONIC TOOLS TO PRO- the ability of a Governor to conduct addi- or media transmittal of the data contained VIDE SERVICES.—The Secretary is authorized tional data collection, analysis, and dissemi- in the submission described in clause (i) that to assist in the development of national elec- nation activities with State funds or with permits information concerning an indi- tronic tools that may be used to facilitate Federal funds from sources other than this vidual subject to be reasonably inferred by the delivery of work ready services described section. either direct or indirect means; or in section 134(c)(2) of the Workforce Invest- ‘‘(f) NONDUPLICATION REQUIREMENT.—None ‘‘(iii) permit anyone other than a sworn of- ment Act of 1998 (29 U.S.C. 2864(c)(2)) and to of the functions and activities carried out ficer, employee, or agent of any Federal de- provide workforce and labor market infor- pursuant to this section shall duplicate the partment or agency, or a contractor (includ- mation to individuals through the one-stop functions and activities carried out under ing an employee of a contractor) of such de- delivery systems described in section 121 and the Carl D. Perkins Career and Technical partment or agency, to examine an indi- through other appropriate delivery systems. Education Act of 2006 (20 U.S.C. 2301 et seq.). vidual submission described in clause (i), ‘‘(d) COORDINATION WITH THE STATES.— ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—The Secretary, working There are authorized to be appropriated to without the consent of the individual, agen- through the Bureau of Labor Statistics and carry out this section $60,153,000 for fiscal cy, or other person who is the subject of the the Employment and Training Administra- year 2015 and each of the 6 succeeding fiscal submission or provides that submission. tion, shall regularly consult with representa- years.’’. ‘‘(B) IMMUNITY FROM LEGAL PROCESS.—Any tives of State agencies carrying out work- Subtitle D—Repeals and Conforming submission (including any data derived from force information activities regarding strat- Amendments the submission) that is collected and re- egies for improving the workforce and labor tained by a Federal department or agency, or SEC. 471. REPEALS. market information system. The following provisions are repealed: an officer, employee, agent, or contractor of ‘‘(2) FORMAL CONSULTATIONS.—At least such a department or agency, for exclusively (1) Chapter 4 of subtitle B of title I, and twice each year, the Secretary, working sections 123, 155, 166, 167, 168, 169, 171, 173, statistical purposes under this section shall through the Bureau of Labor Statistics, shall 173A, 174, 192, 194, 502, 503, and 506 of the be immune from the legal process and shall conduct formal consultations regarding pro- Workforce Investment Act of 1998, as in ef- not, without the consent of the individual, grams carried out by the Bureau of Labor fect on the day before the date of enactment agency, or other person who is the subject of Statistics with representatives of each of the of the SKILLS Act. the submission or provides that submission, Federal regions of the Bureau of Labor Sta- (2) Title V of the Older Americans Act of be admitted as evidence or used for any pur- tistics, elected (pursuant to a process estab- 1965 (42 U.S.C. 3056 et seq.). pose in any action, suit, or other judicial or lished by the Secretary) from the State di- (3) Sections 1 through 14 of the Wagner- administrative proceeding. rectors affiliated with State agencies that Peyser Act (29 U.S.C. 49 et seq.). ‘‘(C) RULE OF CONSTRUCTION.—Nothing in perform the duties described in subsection (4) The Twenty-First Century Workforce this section shall be construed to provide im- (e)(1). Commission Act (29 U.S.C. 2701 note). munity from the legal process for such sub- ‘‘(e) STATE RESPONSIBILITIES.— (5) Public Law 91–378, 16 U.S.C. 1701 et seq. mission (including any data derived from the ‘‘(1) IN GENERAL.—In order to receive Fed- (popularly known as the ‘‘Youth Conserva- submission) if the submission is in the pos- eral financial assistance under this section, tion Corps Act of 1970’’). session of any person, agency, or entity the Governor of a State shall— (6) Section 821 of the Higher Education other than the Federal Government or an of- ‘‘(A) be responsible for the management of Amendments of 1998 (20 U.S.C. 1151). ficer, employee, agent, or contractor of the the portions of the workforce and labor mar- (7) The Women in Apprenticeship and Non- Federal Government, or if the submission is ket information system described in sub- traditional Occupations Act (29 U.S.C. 2501 et independently collected, retained, or pro- section (a) that comprise a statewide work- seq.). duced for purposes other than the purposes force and labor market information system; (8) Sections 4103A and 4104 of title 38, of this Act. ‘‘(B) establish a process for the oversight of United States Code. ‘‘(b) SYSTEM RESPONSIBILITIES.— such system; SEC. 472. AMENDMENTS TO OTHER LAWS. N GENERAL ‘‘(1) I .—The workforce and labor ‘‘(C) consult with State and local employ- (a) AMENDMENTS TO THE FOOD AND NUTRI- market information system described in sub- ers, participants, and local workforce invest- TION ACT OF 2008.— section (a) shall be planned, administered, ment boards about the labor market rel- (1) DEFINITION.—Section 3(t) of the Food overseen, and evaluated through a coopera- evance of the data to be collected and dis- and Nutrition Act of 2008 (7 U.S.C. 2012(t)) is tive governance structure involving the Fed- seminated through the statewide workforce amended— eral Government and States. and labor market information system; (A) by striking ‘‘means (1) the agency’’ and ‘‘(2) DUTIES.—The Secretary, with respect ‘‘(D) consult with State educational agen- inserting the following: ‘‘means— to data collection, analysis, and dissemina- cies and local educational agencies con- ‘‘(A) the agency’’; tion of workforce and labor market informa- cerning the provision of workforce and labor (B) by striking ‘‘programs, and (2) the trib- tion for the system, shall carry out the fol- market information in order to meet the al’’ and inserting the following: ‘‘programs; lowing duties: needs of secondary school and postsecondary ‘‘(B) the tribal’’; and ‘‘(A) Assign responsibilities within the De- school students who seek such information; (C) by striking ‘‘this Act.’’ and inserting partment of Labor for elements of the work- ‘‘(E) collect and disseminate for the sys- the following: ‘‘this Act; and force and labor market information system tem, on behalf of the State and localities in ‘‘(C) in the context of employment and described in subsection (a) to ensure that all the State, the information and data de- training activities under section 6(d)(4), a statistical and administrative data collected scribed in subparagraphs (A) and (B) of sub- State board as defined in section 101 of the is consistent with appropriate Bureau of section (a)(1); Workforce Investment Act of 1998 (29 U.S.C. Labor Statistics standards and definitions. ‘‘(F) maintain and continuously improve 2801).’’. ‘‘(B) Actively seek the cooperation of other the statewide workforce and labor market (2) ELIGIBLE HOUSEHOLDS.—Section 5 of the Federal agencies to establish and maintain information system in accordance with this Food and Nutrition Act of 2008 (7 U.S.C. 2014) mechanisms for ensuring complementarity section; is amended— and nonduplication in the development and ‘‘(G) perform contract and grant respon- (A) in subsection (d)(14) by striking ‘‘sec- operation of statistical and administrative sibilities for data collection, analysis, and tion 6(d)(4)(I)’’ and inserting ‘‘section data collection activities. dissemination for such system; 6(d)(4)(C)’’, and ‘‘(C) Eliminate gaps and duplication in sta- ‘‘(H) conduct such other data collection, (B) in subsection (g)(3), in the first sen- tistical undertakings, with the analysis, and dissemination activities as will tence, by striking ‘‘constitutes adequate par- systemization of wage surveys as an early ensure an effective statewide workforce and ticipation in an employment and training priority. labor market information system; program under section 6(d)’’ and inserting ‘‘(D) In collaboration with the Bureau of ‘‘(I) actively seek the participation of ‘‘allows the individual to participate in em- Labor Statistics and States, develop and other State and local agencies in data collec- ployment and training activities under sec- maintain the elements of the workforce and tion, analysis, and dissemination activities tion 6(d)(4)’’. labor market information system described in order to ensure complementarity, compat- (3) ELIGIBILITY DISQUALIFICATIONS.—Section in subsection (a), including the development ibility, and usefulness of data; 6(d)(4) of the Food and Nutrition Act of 2008 of consistent procedures and definitions for ‘‘(J) participate in the development of, and (7 U.S.C. 2015(d)(4)) is amended to read as fol- use by the States in collecting the data and submit to the Secretary, an annual plan to lows: information described in subparagraphs (A) carry out the requirements and authorities ‘‘(D) EMPLOYMENT AND TRAINING.— and (B) of subsection (a)(1). of this subsection; and ‘‘(i) IMPLEMENTATION.—Each State agency ‘‘(E) Establish procedures for the system to ‘‘(K) utilize the quarterly records described shall provide employment and training serv- ensure that— in section 136(f)(2) of the Workforce Invest- ices authorized under section 134 of the ‘‘(i) such data and information are timely; ment Act of 1998 (29 U.S.C. 2871(f)(2)) to assist Workforce Investment Act of 1998 (29 U.S.C. ‘‘(ii) paperwork and reporting for the sys- the State and other States in measuring 2864) to eligible members of households par- tem are reduced to a minimum; and State progress on State performance meas- ticipating in the supplemental nutrition as- ‘‘(iii) States and localities are fully in- ures. sistance program in gaining skills, training, volved in the development and continuous ‘‘(2) RULE OF CONSTRUCTION.—Nothing in work, or experience that will increase their improvement of the system at all levels. this section shall be construed as limiting ability to obtain regular employment.

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‘‘(ii) STATEWIDE WORKFORCE DEVELOPMENT ‘‘(i) IN GENERAL.—The Secretary, in con- training services are provided through the SYSTEM.—Consistent with subparagraph (A), junction with the Secretary of Labor, shall statewide workforce development system, as employment and training services shall be monitor each State agency responsible for appropriate, authorized by the Workforce In- provided through the statewide workforce administering employment and training vestment Act of 1998 (29 U.S.C. 2801 et seq.). development system, including the one-stop services under section 6(d)(4) to ensure funds Such action may include— delivery system authorized by the Workforce are being spent effectively and efficiently. ‘‘(i) making employment and training ac- Investment Act of 1998 (29 U.S.C. 2801 et ‘‘(ii) ACCOUNTABILITY.—Each program of tivities described in section 134 of such Act seq.). employment and training receiving funds (29 U.S.C. 2864) available to refugees; and ‘‘(iii) REIMBURSEMENTS.— under section 6(d)(4) shall be subject to the ‘‘(ii) providing refugees with access to a ‘‘(I) ACTUAL COSTS.—The State agency requirements of the performance account- one-stop delivery system established under shall provide payments or reimbursement to ability system, including having to meet the section 121 of such Act (29 U.S.C. 2841).’’. participants served under this paragraph State performance measures described in (4) CASH ASSISTANCE AND MEDICAL ASSIST- for— section 136 of the Workforce Investment Act ANCE TO REFUGEES.—Section 412(e) of such ‘‘(aa) the actual costs of transportation (29 U.S.C. 2871).’’. Act (8 U.S.C. 1522(e)) is amended— and other actual costs (other than dependent (6) RESEARCH, DEMONSTRATION, AND EVAL- (A) in paragraph (2)(A)(i), by inserting care costs) that are reasonably necessary UATIONS.—Section 17 of the Food and Nutri- ‘‘and training’’ after ‘‘providing employ- and directly related to the individual par- tion Act of 2008 (7 U.S.C. 2026) is amended— ment’’; and ticipating in employment and training ac- (A) in subsection (b)— (B) in paragraph (3), by striking ‘‘The’’ and tivities; and (i) in paragraph (1)(B)(iv)(III)(dd), by strik- inserting ‘‘Consistent with subsection (c)(3), ‘‘(bb) the actual costs of such dependent ing ‘‘, (4)(F)(i), or (4)(K)’’ and inserting ‘‘or the’’. care expenses as are determined by the State (4)’’; and (c) AMENDMENTS RELATING TO THE SECOND agency to be necessary for the individual to (ii) by striking paragraph (3); and CHANCE ACT OF 2007.— participate in employment and training ac- (B) in subsection (g), in the first sentence (1) FEDERAL PRISONER REENTRY INITIA- tivities (other than an individual who is the in the matter preceding paragraph (1)— TIVE.—Section 231 of the Second Chance Act caretaker relative of a dependent in a family (i) by striking ‘‘programs established’’ and of 2007 (42 U.S.C. 17541) is amended— receiving benefits under part A of title IV of inserting ‘‘activities provided to eligible (A) in subsection (a)(1)(E)— the Social Security Act (42 U.S.C. 601 et seq.) households’’; and (i) by inserting ‘‘the Department of Labor in a local area where an employment, train- (ii) by inserting ‘‘, in conjunction with the and’’ before ‘‘other Federal agencies’’; and ing, or education program under title IV of Secretary of Labor,’’ after ‘‘Secretary’’. (ii) by inserting ‘‘State and local workforce that Act is in operation), except that no such (7) MINNESOTA FAMILY INVESTMENT investment boards,’’ after ‘‘community- payment or reimbursement shall exceed the PROJECT.—Section 22(b)(4) of the Food and based organizations,’’; applicable local market rate. Nutrition Act of 2008 (7 U.S.C. 2031(b)(4)) is (B) in subsection (c)— ‘‘(II) SERVICE CONTRACTS AND VOUCHERS.— amended by striking ‘‘equivalent to those of- (i) in paragraph (2), by striking at the end In lieu of providing reimbursements or pay- fered under the employment and training ‘‘and’’; ments for dependent care expenses under program’’. (ii) in paragraph (3), by striking at the end clause (i), a State agency may, at the option (b) AMENDMENTS TO SECTION 412 OF THE IM- the period and inserting ‘‘; and’’; and of the State agency, arrange for dependent MIGRATION AND NATIONALITY ACT.— (iii) by adding at the end the following new care through providers by the use of pur- (1) CONDITIONS AND CONSIDERATIONS.—Sec- paragraph: chase of service contracts or vouchers or by tion 412(a) of the Immigration and Nation- ‘‘(D) to coordinate reentry programs with providing vouchers to the household. ality Act (8 U.S.C. 1522(a)) is amended— the employment and training services pro- ‘‘(III) VALUE OF REIMBURSEMENTS.—The (A) in paragraph (1)— vided through the statewide workforce in- value of any dependent care services pro- (i) in subparagraph (A)(i), by striking vestment system under subtitle B of title I vided for or arranged under clause (ii), or ‘‘make available sufficient resources for em- of the Workforce Investment Act of 1998 (29 any amount received as a payment or reim- ployment training and placement’’ and in- U.S.C. 2811 et seq.).’’; and bursement under clause (i), shall— serting ‘‘provide refugees with the oppor- (C) in subsection (d), by adding at the end ‘‘(aa) not be treated as income for the pur- tunity to access employment and training the following new paragraph: poses of any other Federal or federally as- services, including job placement,’’; and ‘‘(F) INTERACTION WITH THE WORKFORCE IN- sisted program that bases eligibility for, or (ii) in subparagraph (B)(ii), by striking VESTMENT SYSTEM.— the amount of benefits on, need; and ‘‘services;’’ and inserting ‘‘services provided ‘‘(i) IN GENERAL.—In carrying out this sec- ‘‘(bb) not be claimed as an employment-re- through the Workforce Investment Act of tion, the Director shall ensure that employ- lated expense for the purposes of the credit 1998 (29 U.S.C. 2801 et seq.);’’; ment and training services, including such provided under section 21 of the Internal (B) in paragraph (2)(C)(iii)(II), by inserting employment and services offered through re- Revenue Code of 1986 (26 U.S.C. 21).’’. ‘‘and training’’ after ‘‘employment’’; entry programs, are provided, as appropriate, (4) ADMINISTRATION.—Section 11(e)(19) of (C) in paragraph (6)(A)(ii)— through the statewide workforce investment the Food and Nutrition Act of 2008 (7 U.S.C. (i) by striking ‘‘insure’’ and inserting ‘‘en- system under subtitle B of title I of the 2020(e)(11) is amended to read as follows: sure’’; Workforce Investment Act of 1998 (29 U.S.C. ‘‘(S) the plans of the State agency for pro- (ii) by inserting ‘‘and training’’ after ‘‘em- 2811 et seq.), which may include— viding employment and training services ployment’’; and ‘‘(I) making employment and training under section 6(d)(4);’’. (iii) by inserting after ‘‘available’’ the fol- services available to prisoners prior to and (5) ADMINISTRATIVE COST-SHARING AND lowing: ‘‘through the one-stop delivery sys- immediately following the release of such QUALITY CONTROL.—Section 16(h) of the Food tem under section 121 of the Workforce In- prisoners; or and Nutrition Act of 2008 (7 U.S.C. 2025(h)) is vestment Act of 1998 (29 U.S.C. 2841)’’; and ‘‘(II) providing prisoners with access by re- amended— (D) in paragraph (9), by inserting ‘‘the Sec- mote means to a one-stop delivery system (A) in paragraph (1)— retary of Labor,’’ after ‘‘Education,’’. under section 121 of the Workforce Invest- (i) in subparagraph (A), by striking ‘‘carry (2) PROGRAM OF INITIAL RESETTLEMENT.— ment Act of 1998 (29 U.S.C. 2841) in the State out employment and training programs’’ and Section 412(b)(2) of such Act (8 U.S.C. in which the prison involved is located. inserting ‘‘provide employment and training 1522(b)(2)) is amended— ‘‘(ii) SERVICE DEFINED.—In this paragraph, services to eligible households under section (A) by striking ‘‘orientation, instruction’’ the term ‘employment and training services’ 6(d)(4)’’; and and inserting ‘‘orientation and instruction’’; means those services described in section 134 (ii) in subparagraph (D), by striking ‘‘oper- and of the Workforce Investment Act of 1998 (29 ating an employment and training program’’ (B) by striking ‘‘, and job training for refu- U.S.C. 2864) offered by the Bureau of Prisons, and inserting ‘‘providing employment and gees, and such other education and training including— training services consistent with section of refugees, as facilitates’’ and inserting ‘‘for ‘‘(I) the skills assessment described in sub- 6(d)(4)’’; refugees to facilitate’’. section (a)(1)(A); (B) in paragraph (3)— (3) PROJECT GRANTS AND CONTRACTS FOR ‘‘(II) the skills development plan described (i) by striking ‘‘participation in an employ- SERVICES FOR REFUGEES.—Section 412(c) of in subsection (a)(1)(B); and ment and training program’’ and inserting such Act (8 U.S.C. 1522(c)) is amended— ‘‘(III) the enhancement, development, and ‘‘the individual participating in employment (A) in paragraph (1)— implementation of reentry and skills devel- and training activities’’; and (i) in subparagraph (A)(i), by inserting opment programs.’’. (ii) by striking ‘‘section 6(d)(4)(I)(i)(II)’’ ‘‘and training’’ after ‘‘employment’’; and (2) DUTIES OF THE BUREAU OF PRISONS.—Sec- and inserting ‘‘section 6(d)(4)(C)(i)(II)’’; (ii) by striking subparagraph (C); tion 4042(a) of title 18, United States Code, is (C) in paragraph (4), by striking ‘‘for oper- (B) in paragraph (2)(B), by striking ‘‘para- amended— ating an employment and training program’’ graph—’’ and all that follows through ‘‘in a (A) by redesignating subparagraphs (D) and and inserting ‘‘to provide employment and manner’’ and inserting ‘‘paragraph in a man- (E), as added by section 231(d)(1)(C) of the training services’’; and ner’’; and Second Chance Act of 2007 (Public Law 110– (D) by striking paragraph (5) and inserting (C) by adding at the end the following: 199; 122 Stat. 685), as paragraphs (6) and (7), the following: ‘‘(C) In carrying out this section, the Di- respectively, and adjusting the margin ac- ‘‘(E) MONITORING.— rector shall ensure that employment and cordingly;

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(B) in paragraph (6), as so redesignated, by (2) in the table of sections at the beginning ‘‘CHAPTER 2—LOCAL PROVISIONS redesignating clauses (i) and (ii) as subpara- of chapter 41, by striking the items relating ‘‘Sec. 116. Local workforce investment graphs (A) and (B), respectively, and adjust- to sections 4103A and 4104; areas. ing the margin accordingly; (3) in section 4102A— ‘‘Sec. 117. Local workforce investment (C) in paragraph (7), as so redesignated— (A) in subsection (b)— boards. (i) in clause (ii), by striking ‘‘Employ- (i) by striking paragraphs (5), (6), and (7); ‘‘Sec. 118. Local plan. ment’’ and inserting ‘‘Employment and and ‘‘CHAPTER 3—WORKFORCE INVESTMENT training services (as defined in paragraph (6) (ii) by redesignating paragraph (8) as para- ACTIVITIES PROVIDERS of section 231(d) of the Second Chance Act of graph (5); ‘‘Sec. 121. Establishment of one-stop deliv- 2007), including basic skills attainment, con- (B) by striking subsections (c) and (h); ery systems. sistent with such paragraph’’; and (C) by redesignating subsections (d), (e), ‘‘Sec. 122. Identification of eligible providers (ii) by striking clause (iii); and (f), and (g) as subsections (c), (d), (e), and (f); of training services. (D) by redesignating clauses (i), (ii), (iv), and (v), (vi), and (vii) as subparagraphs (A), (B), (D) in subsection (e)(1) (as so redesig- ‘‘CHAPTER 5—EMPLOYMENT AND TRAINING (C), (D), (E), and (F), respectively, and ad- nated)— ACTIVITIES justing the margin accordingly. (i) by striking ‘‘, including disabled vet- ‘‘Sec. 131. General authorization. erans’ outreach program specialists and local ‘‘Sec. 132. State allotments. (d) AMENDMENTS TO THE OMNIBUS CRIME veterans’ employment representatives pro- ‘‘Sec. 133. Within State allocations. CONTROL AND SAFE STREETS ACT OF 1968.— viding employment, training, and placement ‘‘Sec. 134. Use of funds for employment and Section 2976 of the Omnibus Crime Control services under this chapter in a State’’; and training activities. and Safe Streets Act of 1968 (42 U.S.C. 3797w) (ii) by striking ‘‘for purposes of subsection ‘‘CHAPTER 6—GENERAL PROVISIONS is amended— (c)’’; ‘‘Sec. 136. Performance accountability sys- (1) in subsection (b)— (4) in section 4104A— tem. (A) in paragraph (1), by striking ‘‘voca- (A) in subsection (b)(1), by striking sub- ‘‘Sec. 137. Authorization of appropriations. tional’’ and inserting ‘‘career and technical paragraph (A) and inserting the following: ‘‘Subtitle C—Job Corps education (as defined in section 3 of the Carl ‘‘(i) the appropriate veteran employment D. Perkins Career and Technical Education specialist (in carrying out the functions de- ‘‘Sec. 141. Purposes. ‘‘Sec. 142. Definitions. Act of 2006 (20 U.S.C. 2302)) and training’’; scribed in section 134(f) of the Workforce In- ‘‘Sec. 143. Establishment. (B) by redesignating paragraphs (4), (5), (6), vestment Act of 1998);’’; and ‘‘Sec. 144. Individuals eligible for the Job and (7) as paragraphs (5), (6), (7), and (8), re- (B) in subsection (c)(1), by striking sub- spectively; and Corps. paragraph (A) and inserting the following: ‘‘Sec. 145. Recruitment, screening, selection, (C) by inserting after paragraph (3) the fol- ‘‘(i) collaborate with the appropriate vet- lowing new paragraph: and assignment of enrollees. eran employment specialist (as described in ‘‘Sec. 146. Enrollment. ‘‘(D) coordinating employment and train- section 134(f)) and the appropriate State ing services provided through the statewide ‘‘Sec. 147. Job Corps centers. boards and local boards (as such terms are ‘‘Sec. 148. Program activities. workforce investment system under subtitle defined in section 101 of the Workforce In- B of title I of the Workforce Investment Act ‘‘Sec. 149. Counseling and job placement. vestment Act of 1998 (29 U.S.C. 2801));’’; ‘‘Sec. 150. Support. of 1998 (29 U.S.C. 2811 et seq.), including a (5) in section 4109— ‘‘Sec. 151. Operations. one-stop delivery system under section 121 of (A) in subsection (a), by striking ‘‘disabled ‘‘Sec. 152. Standards of conduct. such Act (29 U.S.C. 2841), for offenders upon veterans’ outreach program specialists and ‘‘Sec. 153. Community participation. release from prison, jail, or a juvenile facil- local veterans’ employment representative’’ ‘‘Sec. 154. Workforce councils. ity, as appropriate;’’; and inserting ‘‘veteran employment special- ‘‘Sec. 156. Technical assistance to centers. (2) in subsection (d)(2), by inserting ‘‘, in- ists appointed under section 134(f) of the ‘‘Sec. 157. Application of provisions of Fed- cluding local workforce investment boards Workforce Investment Act of 1998’’; and eral law. established under section 117 of the Work- (B) in subsection (d)(1), by striking ‘‘dis- ‘‘Sec. 158. Special provisions. force Investment Act of 1998 (29 U.S.C. 2832),’’ abled veterans’ outreach program specialists ‘‘Sec. 159. Performance accountability and after ‘‘nonprofit organizations’’; and local veterans’ employment representa- management. (3) in subsection (e)— tives’’ and inserting ‘‘veteran employment ‘‘Sec. 160. General provisions. (A) in paragraph (3), by striking ‘‘victims specialists appointed under section 134(f) of ‘‘Sec. 161. Authorization of appropriations. services, and employment services’’ and in- the Workforce Investment Act of 1998’’; and ‘‘Subtitle D—National Programs serting ‘‘and victim services’’; (6) in section 4112(d)— (B) by redesignating paragraphs (4) and (5) ‘‘Sec. 170. Technical assistance. (A) in paragraph (1), by striking ‘‘disabled ‘‘Sec. 172. Evaluations. as paragraphs (5) and (6), respectively; and veterans’ outreach program specialist’’ and ‘‘Subtitle E—Administration (C) by inserting after paragraph (3) the fol- inserting ‘‘veteran employment specialist lowing new paragraph: appointed under section 134(f) of the Work- ‘‘Sec. 181. Requirements and restrictions. ‘‘(D) provides employment and training force Investment Act of 1998’’; and ‘‘Sec. 182. Prompt allocation of funds. services through the statewide workforce in- (B) by striking paragraph (2) and redesig- ‘‘Sec. 183. Monitoring. vestment system under subtitle B of title I nating paragraph (3) as paragraph (2). ‘‘Sec. 184. Fiscal controls; sanctions. ‘‘Sec. 185. Reports; recordkeeping; investiga- of the Workforce Investment Act of 1998 (29 (f) COMPREHENSIVE ENVIRONMENTAL RE- tions. U.S.C. 2811 et seq.), including a one-stop de- SPONSE, COMPENSATION, AND LIABILITY ACT OF ‘‘Sec. 186. Administrative adjudication. livery system under section 121 of such Act 1980.—Section 104(k)(6)(A) of the Comprehen- ‘‘Sec. 187. Judicial review. (29 U.S.C. 2841);’’; and sive Environmental Response, Compensa- (4) in subsection (k)— ‘‘Sec. 188. Nondiscrimination. tion, and Liability Act of 1980 (42 U.S.C. ‘‘Sec. 189. Administrative provisions. (A) in paragraph (1)(A), by inserting ‘‘, in 9604(k)(6)(A)) is amended by striking ‘‘train- accordance with paragraph (2)’’ after ‘‘under ‘‘Sec. 190. References. ing, research, and’’ and inserting ‘‘research ‘‘Sec. 191. State legislative authority. this section’’; and’’. (B) by redesignating paragraphs (2) and (3) ‘‘Sec. 193. Transfer of Federal equity in SEC. 473. CONFORMING AMENDMENT TO TABLE State employment security real as paragraphs (3) and (4), respectively; and OF CONTENTS. (C) by inserting after paragraph (1) the fol- property to the States. The table of contents in section 1(b) is ‘‘Sec. 195. General program requirements. lowing new paragraph: amended to read as follows: ‘‘Sec. 196. Federal agency staff. ‘‘(B) EMPLOYMENT AND TRAINING.—The At- ‘‘(b) TABLE OF CONTENTS.—The table of ‘‘Sec. 197. Restrictions on lobbying and po- torney General shall require each grantee contents for this Act is as follows: litical activities. under this section to measure the core indi- cators of performance as described in section ‘‘Sec. 1. Short title; table of contents. ‘‘Subtitle F—Repeals and Conforming 136(b)(2)(A) of the Workforce Investment Act ‘‘TITLE I—WORKFORCE INVESTMENT Amendments of 1998 (29 U.S.C. 2871(b)(2)(A)) with respect SYSTEMS ‘‘Sec. 199. Repeals. to the program of such grantee funded with ‘‘Subtitle A—Workforce Investment ‘‘Sec. 199A. Conforming amendments. a grant under this section.’’. Definitions ‘‘TITLE II—ADULT EDUCATION AND FAMILY LITERACY EDUCATION (e) CONFORMING AMENDMENTS TO TITLE 38, ‘‘Sec. 101. Definitions. ‘‘Sec. 201. Short title. UNITED STATES CODE.—Title 38, United ‘‘Subtitle B—Statewide and Local Workforce ‘‘Sec. 202. Purpose. States Code, is amended— Investment Systems (1) in section 3672(d)(1), by striking ‘‘dis- ‘‘Sec. 203. Definitions. ‘‘Sec. 106. Purpose. abled veterans’ outreach program specialists ‘‘Sec. 204. Home schools. under section 4103A’’ and inserting ‘‘veteran ‘‘CHAPTER 1—STATE PROVISIONS ‘‘Sec. 205. Authorization of appropriations. employment specialists appointed under sec- ‘‘Sec. 111. State workforce investment ‘‘Subtitle A—Federal Provisions tion 134(f) of the Workforce Investment Act boards. ‘‘Sec. 211. Reservation of funds; grants to el- of 1998’’; ‘‘Sec. 112. State plan. igible agencies; allotments.

VerDate Mar 15 2010 03:57 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0655 E:\CR\FM\A29AP6.016 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 29, 2014 CONGRESSIONAL RECORD — SENATE S2521 ‘‘Sec. 212. Performance accountability sys- SEC. 477. REHABILITATION SERVICES ADMINIS- SEC. 479. CARRYOVER. tem. TRATION. Section 19(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 716(a)(1)) is amended by ‘‘Subtitle B—State Provisions (a) REHABILITATION SERVICES ADMINISTRA- striking ‘‘part B of title VI,’’. ‘‘Sec. 221. State administration. TION.—The Rehabilitation Act of 1973 (29 ‘‘Sec. 222. State distribution of funds; SEC. 480. TRADITIONALLY UNDERSERVED POPU- U.S.C. 701 et seq.) is amended— LATIONS. matching requirement. (1) in section 3(a) (29 U.S.C. 702(a))— Section 21 of the Rehabilitation Act of 1973 ‘‘Sec. 223. State leadership activities. (A) by striking ‘‘Office of the Secretary’’ (29 U.S.C. 718) is amended, in paragraphs (1) ‘‘Sec. 224. State plan. and inserting ‘‘Department of Education’’; and (2)(A) of subsection (b), and in subsection ‘‘Sec. 225. Programs for corrections edu- (B) by striking ‘‘President by and with the (c), by striking ‘‘VI,’’. cation and other institutional- advice and consent of the Senate’’ and in- ized individuals. SEC. 481. STATE PLAN. serting ‘‘Secretary’’; and Section 101(a) of the Rehabilitation Act of ‘‘Subtitle C—Local Provisions (C) by striking ‘‘, and the Commissioner 1973 (29 U.S.C. 721(a)) is amended— ‘‘Sec. 231. Grants and contracts for eligible shall be the principal officer,’’; (1) in paragraph (10)— providers. (2) by striking ‘‘Commissioner’’ each place (A) in subparagraph (B), by striking ‘‘on ‘‘Sec. 232. Local application. it appears (except in section 21) and inserting the eligible individuals’’ and all that follows ‘‘Sec. 233. Local administrative cost limits. ‘‘Director’’; and inserting ‘‘of information necessary to ‘‘Subtitle D—General Provisions (3) in section 12(c) (29 U.S.C. 709(c)), by assess the State’s performance on the core ‘‘Sec. 241. Administrative provisions. striking ‘‘Commissioner’s’’ and inserting indicators of performance described in sec- ‘‘Sec. 242. National activities. ‘‘Director’s’’; tion 136(b)(2)(A) of the Workforce Investment (4) in section 21 (29 U.S.C. 718)— ‘‘TITLE III—WORKFORCE INVESTMENT- Act of 1998 (29 U.S.C. 2871(b)(2)(A)).’’; and (A) in subsection (b)(1)— (B) in subparagraph (E)(ii), by striking ‘‘, RELATED ACTIVITIES (i) by striking ‘‘Commissioner’’ the first to the extent the measures are applicable to ‘‘Subtitle A—Wagner-Peyser Act place it appears and inserting ‘‘Director of individuals with disabilities’’; ‘‘Sec. 301. Definitions. the Rehabilitation Services Administra- (2) in paragraph (11)— ‘‘Sec. 302. Functions. tion’’; (A) in subparagraph (D)(i), by inserting be- ‘‘Sec. 303. Designation of State agencies. (ii) by striking ‘‘(referred to in this sub- fore the semicolon the following: ‘‘, which ‘‘Sec. 304. Appropriations. section as the ‘Director’)’’; and may be provided using alternative means of ‘‘Sec. 305. Disposition of allotted funds. (iii) by striking ‘‘The Commissioner and meeting participation (such as participation ‘‘Sec. 306. State plans. the Director’’ and inserting ‘‘Both such Di- through video conferences and conference ‘‘Sec. 307. Repeal of Federal advisory coun- rectors’’; and calls)’’; and cil. (B) by striking ‘‘the Commissioner and the (B) by adding at the end the following: ‘‘Sec. 308. Regulations. Director’’ each place it appears and inserting ‘‘(G) COORDINATION WITH ASSISTIVE TECH- ‘‘Sec. 309. Employment statistics. NOLOGY PROGRAMS.—The State plan shall in- ‘‘Sec. 310. Technical amendments. ‘‘both such Directors’’; clude an assurance that the designated State ‘‘Sec. 311. Effective date. (5) in the heading for subparagraph (B) of section 100(d)(2) (29 U.S.C. 720(d)(2)), by strik- unit and the lead agency or implementing ‘‘Subtitle B—Linkages With Other Programs ing ‘‘COMMISSIONER’’ and inserting ‘‘DIREC- entity responsible for carrying out duties ‘‘Sec. 321. Trade Act of 1974. TOR’’; under the Assistive Technology Act of 1998 ‘‘Sec. 322. Veterans’ employment programs. (6) in section 401(a)(1) (29 U.S.C. 781(a)(1)), (29 U.S.C. 3001 et seq.) have developed work- ‘‘Sec. 323. Older Americans Act of 1965. by inserting ‘‘of the National Institute on ing relationships and coordinate their activi- ‘‘Subtitle D—Application of Civil Rights and Disability and Rehabilitation Research’’ ties.’’; Labor-Management Laws to the Smithso- after ‘‘Director’’; (3) in paragraph (15)— nian Institution (7) in the heading for section 706 (29 U.S.C. (A) in subparagraph (A)— ‘‘Sec. 341. Application of civil rights and 796d–1), by striking ‘‘COMMISSIONER’’ and in- (i) in clause (i)— labor-management laws to the serting ‘‘DIRECTOR’’; and (I) in subclause (II), by striking ‘‘and’’ at Smithsonian Institution. (8) in the heading for paragraph (3) of sec- the end; (II) in subclause (III), by adding ‘‘and’’ at ‘‘TITLE IV—REHABILITATION ACT tion 723(a) (29 U.S.C. 796f–2(a)), by striking ‘‘COMMISSIONER’’ and inserting ‘‘DIRECTOR’’. the end; and AMENDMENTS OF 1998 (III) by adding at the end the following: ‘‘Sec. 401. Short title. (b) EFFECTIVE DATE; APPLICATION.—The ‘‘(IV) students with disabilities, including ‘‘Sec. 402. Title. amendments made by subsection (a) shall— their need for transition services;’’; ‘‘Sec. 403. General provisions. (1) take effect on the date of the enactment (ii) by redesignating clauses (ii) and (iii) as ‘‘Sec. 404. Vocational rehabilitation serv- of this Act; and clauses (iii) and (iv), respectively; and ices. (2) apply with respect to the appointments (iii) by inserting after clause (i) the fol- ‘‘Sec. 405. Research and training. of Directors of the Rehabilitation Services lowing: ‘‘Sec. 406. Professional development and spe- Administration made on or after the date of ‘‘(ii) include an assessment of the transi- cial projects and demonstra- enactment of this Act, and the Directors so tion services provided under this Act, and co- tions. appointed. ordinated with transition services provided ‘‘Sec. 407. National Council on Disability. under the Individuals with Disabilities Edu- ‘‘Sec. 408. Rights and advocacy. SEC. 478. DEFINITIONS. ‘‘Sec. 409. Employment opportunities for in- cation Act (20 U.S.C. 1400 et seq.), about the Section 7 of the Rehabilitation Act of 1973 dividuals with disabilities. extent to which those 2 types of services ‘‘Sec. 410. Independent living services and (29 U.S.C. 705) is amended— meet the needs of individuals with disabil- centers for independent living. (1) by redesignating paragraphs (35) ities;’’; ‘‘Sec. 411. Repeal. through (39) as paragraphs (36) through (40), (B) in subparagraph (B)(ii), by striking ‘‘Sec. 412. Helen Keller National Center Act. respectively; ‘‘and under part B of title VI’’; and ‘‘Sec. 413. President’s Committee on Em- (2) in subparagraph (A)(ii) of paragraph (36) (C) in subparagraph (D)— ployment of People With Dis- (as redesignated by paragraph (1)), by strik- (i) by redesignating clauses (iii), (iv), and abilities. ing ‘‘paragraph (36)(C)’’ and inserting ‘‘para- (v) as clauses (iv), (v), and (vi), respectively; ‘‘Sec. 414. Conforming amendments. graph (37)(C)’’; and (ii) by inserting after clause (ii) the fol- ‘‘TITLE V—GENERAL PROVISIONS (3) by inserting after paragraph (34) the fol- lowing: lowing: ‘‘(iii) the methods to be used to improve ‘‘Sec. 501. State unified plan. ‘‘(35)(A) The term ‘student with a dis- and expand vocational rehabilitation serv- ‘‘Sec. 504. Privacy. ability’ means an individual with a dis- ices for students with disabilities, including ‘‘Sec. 505. Buy-American requirements. ability who— the coordination of services designed to fa- ‘‘Sec. 507. Effective date.’’. ‘‘(i) is not younger than 16 and not older cilitate the transition of such students from Subtitle E—Amendments to the than 21; the receipt of educational services in school Rehabilitation Act of 1973 ‘‘(ii) has been determined to be eligible to the receipt of vocational rehabilitation SEC. 476. FINDINGS. under section 102(a) for assistance under this services under this title or to postsecondary Section 2(a) of the Rehabilitation Act of title; and education or employment;’’; and 1973 (29 U.S.C. 701(a)) is amended— ‘‘(iii)(I) is eligible for, and is receiving, spe- (iii) in clause (v), as redesignated by clause (1) in paragraph (5), by striking ‘‘and’’ at cial education under part B of the Individ- (i) of this subparagraph, by striking ‘‘evalua- the end; uals with Disabilities Education Act (20 tion standards’’ and inserting ‘‘performance (2) in paragraph (6), by striking the period U.S.C. 1411 et seq.); or standards’’; and inserting ‘‘; and’’; and ‘‘(II) is an individual with a disability, for (4) in paragraph (22)— (3) by adding at the end the following: purposes of section 504. (A) in the paragraph heading, by striking ‘‘(7) there is a substantial need to improve ‘‘(B) The term ‘students with disabilities’ ‘‘STATE PLAN SUPPLEMENT’’; and expand services for students with dis- means more than 1 student with a dis- (B) by striking ‘‘carrying out part B of abilities under this Act.’’. ability.’’. title VI, including’’; and

VerDate Mar 15 2010 03:57 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.016 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2522 CONGRESSIONAL RECORD — SENATE April 29, 2014 (C) by striking ‘‘that part to supplement ‘‘(B) Services for groups of individuals with submit an application to a designated State funds made available under part B of’’; disabilities who meet the requirements of agency at such time, in such manner, and (5) in paragraph (24)— clauses (i) and (iii) of section 7(35)(A), includ- containing such information as such agency (A) in the paragraph heading, by striking ing services described in clauses (i), (ii), (iii), shall require. Such application shall include, ‘‘CONTRACTS’’ and inserting ‘‘GRANTS’’; and and (v) of section 101(a)(26)(B), to assist in at a minimum— (B) in subparagraph (A)— the transition from school to post-school ac- ‘‘(1) a plan for evaluating the effectiveness (i) in the subparagraph heading, by strik- tivities.’’; and of the collaborative program; ing ‘‘CONTRACTS’’ and inserting ‘‘GRANTS’’; (3) in subsection (b), by inserting at the ‘‘(2) a plan for collecting and reporting the and end the following: data and information described under sub- (ii) by striking ‘‘part A of title VI’’ and in- ‘‘(7) The establishment, development, or paragraphs (A) through (C) of section serting ‘‘section 109A’’; and improvement of assistive technology dem- 101(a)(10), as determined appropriate by the (6) by adding at the end the following: onstration, loan, reutilization, or financing designated State agency; and ‘‘(25) COLLABORATION WITH INDUSTRY.—The programs in coordination with activities au- ‘‘(3) a plan for providing for the non-Fed- State plan shall describe how the designated thorized under the Assistive Technology Act eral share of the costs of the program. State agency will carry out the provisions of of 1998 (29 U.S.C. 3001 et seq.) to promote ac- ‘‘(e) ACTIVITIES.—An eligible entity receiv- section 109A, including— cess to assistive technology for individuals ing a grant under this section shall use the ‘‘(A) the criteria such agency will use to with disabilities and employers.’’. grant funds to carry out a program that pro- award grants under such section; and SEC. 483. STANDARDS AND INDICATORS. vides one or more of the following: ‘‘(B) how the activities carried out under (a) IN GENERAL.—Section 106 of the Reha- ‘‘(1) Job development, job placement, and such grants will be coordinated with other bilitation Act of 1973 (29 U.S.C. 726) is amend- career advancement services for individuals services provided under this title. ed— with disabilities. ‘‘(26) SERVICES FOR STUDENTS WITH DISABIL- (1) in the section heading, by striking ‘‘(2) Training in realistic work settings in ITIES.—The State plan shall provide an as- ‘‘EVALUATION STANDARDS’’ and inserting ‘‘PER- order to prepare individuals with disabilities surance satisfactory to the Secretary that FORMANCE STANDARDS’’; for employment and career advancement in the State— (2) by striking subsection (a) and inserting the competitive market. ‘‘(A) has developed and implemented strat- the following: ‘‘(3) Providing individuals with disabilities egies to address the needs identified in the ‘‘(a) STANDARDS AND INDICATORS.—The per- with such support services as may be re- assessments described in paragraph (15), and formance standards and indicators for the quired in order to maintain the employment achieve the goals and priorities identified by vocational rehabilitation program carried and career advancement for which the indi- the State in that paragraph, to improve and out under this title— viduals have received training. expand vocational rehabilitation services for ‘‘(1) shall be subject to paragraphs (2)(A) ‘‘(f) ELIGIBILITY FOR SERVICES.—An indi- students with disabilities on a statewide and (3) of section 136(b) of the Workforce In- vidual shall be eligible for services provided basis in accordance with paragraph (15); and vestment Act of 1998 (29 U.S.C. 2871(b)); and under a program under this section if the in- ‘‘(B) from funds reserved under section ‘‘(2) may, at a State’s discretion, include dividual is determined under section 102(a)(1) 110A, shall carry out programs or activities additional indicators identified in the State to be eligible for assistance under this title. designed to improve and expand vocational plan submitted under section 101.’’; and ‘‘(g) FEDERAL SHARE.—The Federal share rehabilitation services for students with dis- (3) in subsection (b)(2)(B), by striking for a program under this section shall not abilities that— clause (i) and inserting the following: exceed 80 percent of the costs of the pro- ‘‘(i) facilitate the transition of students ‘‘(i) on a biannual basis, review the pro- gram.’’. with disabilities from the receipt of edu- gram improvement efforts of the State and, SEC. 486. RESERVATION FOR EXPANDED TRANSI- cational services in school, to the receipt of if the State has not improved its perform- TION SERVICES. vocational rehabilitation services under this ance to acceptable levels, as determined by The Rehabilitation Act of 1973 is amended title, including, at a minimum, those serv- the Director, direct the State to make revi- by inserting after section 110 (29 U.S.C. 730) ices specified in the interagency agreement sions to the plan to improve performance; the following: required in paragraph (11)(D); and’’. ‘‘SEC. 110A. RESERVATION FOR EXPANDED TRAN- ‘‘(ii) improve the achievement of post- (b) CONFORMING AMENDMENTS.—Section 107 SITION SERVICES. school goals of students with disabilities, in- of the Rehabilitation Act of 1973 (29 U.S.C. ‘‘Each State shall reserve not less than 10 cluding improving the achievement through 727) is amended— percent of the funds allotted to the State participation (as appropriate when career (1) in subsections (a)(1)(B) and (b)(2), by under section 110(a) to carry out programs or goals are discussed) in meetings regarding striking ‘‘evaluation standards’’ and insert- activities under sections 101(a)(26)(B) and individualized education programs developed ing ‘‘performance standards’’; and 103(b)(6).’’. under section 614 of the Individuals with Dis- (2) in subsection (c)(1)(B), by striking ‘‘an SEC. 487. CLIENT ASSISTANCE PROGRAM. abilities Education Act (20 U.S.C. 1414); evaluation standard’’ and inserting ‘‘a per- Section 112(e)(1) of the Rehabilitation Act ‘‘(iii) provide career guidance, career ex- formance standard’’. of 1973 (29 U.S.C. 732(e)(1)) is amended by re- ploration services, job search skills and SEC. 484. EXPENDITURE OF CERTAIN AMOUNTS. designating subparagraph (D) as subpara- strategies, and technical assistance to stu- Section 108(a) of the Rehabilitation Act of graph (E) and inserting after subparagraph dents with disabilities; 1973 (29 U.S.C. 728(a)) is amended by striking (C) the following: ‘‘(iv) support the provision of training and ‘‘under part B of title VI, or’’. ‘‘(D) The Secretary shall make grants to technical assistance to State and local edu- SEC. 485. COLLABORATION WITH INDUSTRY. the protection and advocacy system serving cational agencies and designated State agen- The Rehabilitation Act of 1973 is amended the American Indian Consortium under the cy personnel responsible for the planning and by inserting after section 109 (29 U.S.C. 728a) Developmental Disabilities and Bill of provision of services to students with dis- the following: Rights Act of 2000 (42 U.S.C. 15001 et seq.) to abilities; and ‘‘SEC. 109A. COLLABORATION WITH INDUSTRY. provide services in accordance with this sec- ‘‘(v) support outreach activities to stu- ‘‘(a) ELIGIBLE ENTITY DEFINED.—For the tion, as determined by the Secretary. The dents with disabilities who are eligible for, purposes of this section, the term ‘eligible amount of such grants shall be the same as and need, services under this title.’’. entity’ means a for-profit business, alone or the amount provided to territories under in partnership with one or more of the fol- SEC. 482. SCOPE OF SERVICES. this subsection.’’. lowing: Section 103 of the Rehabilitation Act of SEC. 488. RESEARCH. ‘‘(1) Community rehabilitation program Section 204(a)(2)(A) of the Rehabilitation 1973 (29 U.S.C. 723) is amended— providers. (1) in subsection (a), by striking paragraph Act of 1973 (29 U.S.C. 764(a)(2)(A)) is amended ‘‘(2) Indian tribes. by striking ‘‘VI,’’. (15) and inserting the following: ‘‘(3) Tribal organizations. SEC. 489. TITLE III AMENDMENTS. ‘‘(15) transition services for students with ‘‘(b) AUTHORITY.—A State shall use not less disabilities, that facilitate the achievement than one-half of one percent of the payment Title III of the Rehabilitation Act of 1973 of the employment outcome identified in the the State receives under section 111 for a fis- (29 U.S.C. 771 et seq.) is amended— individualized plan for employment involved, cal year to award grants to eligible entities (1) in section 301(a) (21 U.S.C. 771(a))— including services described in clauses (i) to pay for the Federal share of the cost of (A) in paragraph (2), by inserting ‘‘and’’ at through (iii) of section 101(a)(26)(B);’’; carrying out collaborative programs, to cre- the end; (2) in subsection (b), by striking paragraph ate practical job and career readiness and (B) by striking paragraphs (3) and (4); and (6) and inserting the following: training programs, and to provide job place- (C) by redesignating paragraph (5) as para- ‘‘(6)(A)(i) Consultation and technical as- ments and career advancement. graph (3); sistance services to assist State and local ‘‘(c) AWARDS.—Grants under this section (2) in section 302 (29 U.S.C. 772)— educational agencies in planning for the shall— (A) in subsection (g)— transition of students with disabilities from ‘‘(1) be awarded for a period not to exceed (i) in the heading, by striking ‘‘AND IN- school to post-school activities, including 5 years; and SERVICE TRAINING’’; and employment. ‘‘(2) be awarded competitively. (ii) by striking paragraph (3); and ‘‘(ii) Training and technical assistance de- ‘‘(d) APPLICATION.—To receive a grant (B) in subsection (h), by striking ‘‘section scribed in section 101(a)(26)(B)(iv). under this section, an eligible entity shall 306’’ and inserting ‘‘section 304’’;

VerDate Mar 15 2010 03:57 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.016 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 29, 2014 CONGRESSIONAL RECORD — SENATE S2523 (3) in section 303 (29 U.S.C. 773)— the fiscal years 1999 through 2003’’ and in- individuals have exhausted funds received (A) in subsection (b)(1), by striking ‘‘sec- serting ‘‘$3,081,000 for fiscal year 2015 and through the Federal Pell Grant program tion 306’’ and inserting ‘‘section 304’’; and each of the 6 succeeding fiscal years’’; under title IV of the Higher Education Act of (B) in subsection (c)— (8) in section 502(j) (29 U.S.C. 792(j)), by 1965 (20 U.S.C. 1070 et seq.); and (i) in paragraph (4)— striking ‘‘such sums as may be necessary for (2) makes appropriate recommendations (I) by amending subparagraph (A)(ii) to each of the fiscal years 1999 through 2003’’ with respect to the matters evaluated under read as follows: and inserting ‘‘$7,013,000 for fiscal year 2015 paragraph (1). ‘‘(ii) to coordinate activities and work and each of the 6 succeeding fiscal years’’; SEC. 497. STUDY BY THE COMPTROLLER GEN- closely with the parent training and infor- (9) in section 509(l) (29 U.S.C. 794e(l)), by ERAL ON ADMINISTRATIVE COST mation centers established pursuant to sec- striking ‘‘such sums as may be necessary for SAVINGS. tion 671 of the Individuals with Disabilities each of the fiscal years 1999 through 2003’’ (a) STUDY.—Not later than 12 months after Education Act (20 U.S.C. 1471), the commu- and inserting ‘‘$17,088,000 for fiscal year 2015 the date of the enactment of this Act, the nity parent resource centers established pur- and each of the 6 succeeding fiscal years’’; Comptroller General of the United States suant to section 672 of such Act (29 U.S.C. (10) in section 714 (29 U.S.C. 796e–3), by shall complete and submit to the Committee 1472), and the eligible entities receiving striking ‘‘such sums as may be necessary for on Education and the Workforce of the awards under section 673 of such Act (20 each of the fiscal years 1999 through 2003’’ House of Representatives and the Committee on Health, Education, Labor, and Pensions of U.S.C. 1473); and’’; and and inserting ‘‘$22,137,000 for fiscal year 2015 the Senate a report that— (II) in subparagraph (C), by inserting ‘‘, and each of the 6 succeeding fiscal years’’; (1) determines the amount of administra- and demonstrate the capacity for serving,’’ (11) in section 727 (29 U.S.C. 796f–6), by tive costs at the Federal and State levels for after ‘‘serve’’; and striking ‘‘such sums as may be necessary for the most recent fiscal year for which satis- (ii) by adding at the end the following: each of the fiscal years 1999 through 2003’’ factory data are available for— ‘‘(8) RESERVATION.—From the amount ap- and inserting ‘‘$75,772,000 for fiscal year 2015 (A) each of the programs authorized under propriated to carry out this subsection for a and each of the 6 succeeding fiscal years’’; fiscal year, 20 percent of such amount or the Workforce Investment Act of 1998 (29 and U.S.C. 2801 et seq.) or repealed under section $500,000, whichever is less, shall be reserved (12) in section 753 (29 U.S.C. 796l), by strik- to carry out paragraph (6).’’; l71, as such programs were in effect for such ing ‘‘such sums as may be necessary for each fiscal year; and (4) by striking sections 304 and 305 (29 of the fiscal years 1999 through 2003’’ and in- U.S.C. 774, 775); and (B) each of the programs described in sub- serting ‘‘$32,239,000 for fiscal year 2015 and paragraph (A) that have been repealed or (5) by redesignating section 306 (29 U.S.C. each of the 6 succeeding fiscal years’’. 776) as section 304. consolidated on or after the date of enact- SEC. 493. CONFORMING AMENDMENTS. ment of this Act; SEC. 490. REPEAL OF TITLE VI. Section 1(b) of the Rehabilitation Act of (2) determines the amount of administra- Title VI of the Rehabilitation Act of 1973 1973 is amended— (29 U.S.C. 795 et seq.) is repealed. tive cost savings at the Federal and State (1) by inserting after the item relating to levels as a result of repealing and consoli- SEC. 491. TITLE VII GENERAL PROVISIONS. section 109 the following: dating programs by calculating the dif- (a) PURPOSE.—Section 701(3) of the Reha- ferences in the amount of administrative bilitation Act of 1973 (29 U.S.C. 796(3)) is ‘‘Sec. 109A. Collaboration with industry.’’; costs between subparagraph (A) and subpara- amended by striking ‘‘State programs of sup- (2) by inserting after the item relating to graph (B) of paragraph (1); and ported employment services receiving assist- section 110 the following: (3) estimates the administrative cost sav- ance under part B of title VI,’’. ‘‘Sec. 110A. Reservation for expanded transi- ings at the Federal and State levels for a fis- (b) CHAIRPERSON.—Section 705(b)(5) of the tion services.’’; Rehabilitation Act of 1973 (29 U.S.C. cal year as a result of States consolidating 796d(b)(5)) is amended to read as follows: (3) by striking the item related to section amounts under section 501(e) of the Work- ‘‘(5) CHAIRPERSON.—The Council shall se- 304 and inserting the following: force Investment Act of 1998 (20 U.S.C. lect a chairperson from among the voting ‘‘Sec. 304. Measuring of project outcomes 9271(e)) to reduce inefficiencies in the admin- membership of the Council.’’. and performance.’’; istration of federally-funded State and local employment and training programs. SEC. 492. AUTHORIZATIONS OF APPROPRIA- (4) by striking the items related to sec- (b) DEFINITION.—For purposes of this sec- TIONS. tions 305 and 306; The Rehabilitation Act of 1973 (29 U.S.C. tion, the term ‘‘administrative costs’’ has (5) by striking the items related to title the meaning given the term in section 101 of 701 et seq.) is further amended— VI; and (1) in section 100 (29 U.S.C. 720)— the Workforce Investment Act of 1998 (29 (6) by striking the item related to section U.S.C. 2801). (A) in subsection (b)(1), by striking ‘‘such 706 and inserting the following: sums as may be necessary for fiscal years Subtitle G—Entrepreneurial Training ‘‘Sec. 706. Responsibilities of the Director.’’. 1999 through 2003’’ and inserting SEC. 499. ENTREPRENEURIAL TRAINING. ‘‘$3,066,192,000 for fiscal year 2015 and each of Subtitle F—Studies by the Comptroller (a) SHORT TITLE.—This section may be the 6 succeeding fiscal years’’; and General cited as the ‘‘Entrepreneurial Training Im- (B) in subsection (d)(1)(B), by striking SEC. 496. STUDY BY THE COMPTROLLER GEN- provement Act of 2014’’. ‘‘2003’’ and inserting ‘‘2021’’; ERAL ON EXHAUSTING FEDERAL (b) RULEMAKING.— (2) in section 110(c) (29 U.S.C. 730(c)), by PELL GRANTS BEFORE ACCESSING (1) IN GENERAL.—Not later than 60 days amending paragraph (2) to read as follows: WIA FUNDS. after the date of enactment of this Act, the ‘‘(2) The sum referred to in paragraph (1) Not later than 12 months after the date of Secretary of Labor shall establish alternate shall be, as determined by the Secretary, not enactment of this Act, the Comptroller Gen- standards for measuring the progress of less than 1 percent and not more than 1.5 eral of the United States shall complete and State and local performance for entrepre- percent of the amount referred to in para- submit to the Committee on Education and neurial training services, as authorized in graph (1) for each of fiscal years 2015 through the Workforce of the House of Representa- section 134(d)(4)(D)(vi) of the Workforce In- 2020.’’; tives and the Committee on Health, Edu- vestment Act of 1998 (29 U.S.C. (3) in section 112(h) (29 U.S.C. 732(h)), by cation, Labor, and Pensions of the Senate a 2864(d)(4)(D)(vi)), and provide the State and striking ‘‘such sums as may be necessary for report that— local workforce investment boards with spe- fiscal years 1999 through 2003’’ and inserting (1) evaluates the effectiveness of subpara- cific guidance on successful approaches to ‘‘$11,600,000 for fiscal year 2015 and each of graph (B) of section 134(d)(4) of the Work- collecting performance information on en- the 6 succeeding fiscal years’’; force Investment Act of 1998 (29 U.S.C. trepreneurial training services. (4) by amending subsection (a) of section 2864(d)(4)(B)) (as such subparagraph was in (2) CONSIDERATIONS.—In determining the 201 (29 U.S.C. 761(a)) to read as follows: ‘‘(a) effect on the day before the date of enact- alternate standards, the Secretary shall con- There are authorized to be appropriated ment of this Act), including— sider using standards based, for participants $103,125,000 for fiscal year 2015 and each of (A) a review of the regulations and guid- in such services, on— the 6 succeeding fiscal years to carry out ance issued by the Secretary of Labor to (A) obtaining a State license, or a Federal this title.’’; State and local areas on how to comply with or State tax identification number, for a cor- (5) in section 302(i) (29 U.S.C. 772(i)), by such subparagraph; responding business; striking ‘‘such sums as may be necessary for (B) a review of State policies to determine (B) documenting income from a cor- each of the fiscal years 1999 through 2003’’ how local areas are required to comply with responding business; or and inserting ‘‘$33,657,000 for fiscal year 2015 such subparagraph; (C) filing a Federal or State tax return for and each of the 6 succeeding fiscal years’’; (C) a review of local area policies to deter- a corresponding business. (6) in section 303(e) (29 U.S.C. 773(e)), by mine how one-stop operators are required to (3) AUTHORITIES.—In determining the alter- striking ‘‘such sums as may be necessary for comply with such subparagraph; and nate standards, the Secretary shall consider each of the fiscal years 1999 through 2003’’ (D) a review of a sampling of individuals utilizing authorities granted under the and inserting ‘‘$5,046,000 for fiscal year 2015 receiving training services under section Workforce Investment Act of 1998 (29 U.S.C. and each of the 6 succeeding fiscal years’’; 134(d)(4) of the Workforce Investment Act of 2801 et seq.), including a State’s waiver au- (7) in section 405 (29 U.S.C. 785), by striking 1998 (29 U.S.C. 2864(d)(4)) to determine if, be- thority, as authorized in section 189(i)(4) of ‘‘such sums as may be necessary for each of fore receiving such training services, such such Act (29 U.S.C. 2939(i)(4)).

VerDate Mar 15 2010 03:57 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.016 S29APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2524 CONGRESSIONAL RECORD — SENATE April 29, 2014 (4) REPORT.—The Secretary shall prepare a sion of the Senate on April 29, 2014, at ceed to executive session to consider report on the progress of State and local 2:30 p.m. Calendar Nos. 585, 586, 587, 588, 589, and workforce investment boards in imple- The PRESIDING OFFICER. Without 590, as provided for under the previous menting new programs of entrepreneurial objection, it is so ordered. order. training services and any ongoing challenges to offering such programs, with rec- SUBCOMMITTEE ON THE CONSTITUTION, CIVIL The PRESIDING OFFICER. Without ommendations on how best to address those RIGHTS, AND HUMAN RIGHTS objection, it is so ordered. challenges. Not later than 12 months after Mr. REID. Mr. President, I ask unan- f publication of the final regulations estab- imous consent that Committee on the PROGRAM lishing the alternate standards, the Sec- Judiciary, the Subcommittee on the retary shall submit the report to the Com- Constitution, Civil Rights, and Human Mr. REID. Mr. President, the first mittee on Education and the Workforce and Rights, be authorized to meet during rollcall vote will be at noon tomorrow. the Committee on Small Business of the the session of the Senate, on April 29, There will be additional votes at about House of Representatives and the Committee 4 p.m. tomorrow afternoon. on Health, Education, Labor, and Pensions 2014, at 10 a.m., in room SH–216 of the and the Committee on Small Business and Hart Senate Office Building, to conduct f Entrepreneurship of the Senate. a hearing entitled ‘‘Law Enforcement ORDER FOR ADJOURNMENT f Responses to Disabled Americans: Promising Approaches for Protecting Mr. REID. Mr. President, if there is AUTHORITY FOR COMMITTEES TO Public Safety.’’ no further business to come before the MEET The PRESIDING OFFICER. Without Senate, I ask unanimous consent that COMMITTEE ON ARMED SERVICES objection, it is so ordered. it adjourn following the remarks by Mr. REID. Mr. President, I ask unan- Senator MERKLEY and Senator HIRONO. f imous consent that the Committee on The PRESIDING OFFICER. Without Armed Services be authorized to meet RESOLUTIONS SUBMITTED TODAY objection, it is so ordered. The Senator from Oregon. during the session of the Senate on Mr. REID. Madam President, I ask April 29, 2014, at 9:30 a.m. unanimous consent that the Senate f The PRESIDING OFFICER. Without proceed to the immediate consider- The MINIMUM WAGE objection, it is so ordered. ation en bloc of the following resolu- Mr. MERKLEY. I rise in this Cham- COMMITTEE ON BANKING, HOUSING, AND URBAN tions, which were submitted earlier ber to address an issue that is critical AFFAIRS today: S. Res. 427; S. Res. 428; and S. to working families across our Nation; Mr. REID. Mr. President, I ask unan- Res. 429. that is, the Federal minimum wage. imous consent that the Committee on There being no objection, the Senate First, I thank Senator TOM HARKIN Banking, Housing, and Urban Affairs proceeded to consider the resolutions for his leadership on this issue. He has be authorized to meet during the ses- en bloc. advocated year after year, decade after sion of the Senate on April 29, 2014, at Mr. REID. Madam President, I ask decade that we need to ensure that we 10 a.m. unanimous consent that the resolu- have an economy where workers fully The PRESIDING OFFICER. Without tions be agreed to; the preambles, participate in the fruits of their labor. objection, it is so ordered. where applicable, be agreed to; and the We should not have a society in COMMITTEE ON HEALTH, EDUCATION, LABOR, motions to reconsider be laid on the which all of those fruits go simply to AND PENSIONS table en bloc, with no interviewing ac- the very few at the expense of a fair Mr. REID. Mr. President, I ask unan- tion or debate. wage for those who create that success. imous consent that the Committee on The PRESIDING OFFICER. Without I thank Senator HARKIN for leading Health, Education, Labor, and Pen- objection, it is so ordered. this fight over this extended period of sions be authorized to meet during the The resolutions were agreed to. time on behalf of working families. session of the Senate, on April 29, 2014, The preambles were agreed to. He believes, as I believe, that we at 10 a.m. in room SD–430 of the Dirk- (The resolutions, with their pre- should measure the success of our Na- sen Senate Office Building to conduct a ambles, are printed in today’s RECORD tion not by the growth of the GDP, not hearing entitled ‘‘Workers’ Memorial under ‘‘Submitted Resolutions.’’) by having one eye on the Dow Jones Day: Are Existing Private Sector Whis- f and one eye on the S&P 500, we should tleblower Protections Adequate To En- measure the success by the success of sure Safe Workplace?’’ ORDERS FOR WEDNESDAY, APRIL our families. That is what this debate The PRESIDING OFFICER. Without 30, 2014 on the minimum wage is all about. objection, it is so ordered. Mr. REID. Mr. President, I ask unan- This issue matters a great deal to me COMMITTEE ON HOMELAND SECURITY AND imous consent that when the Senate because I come from a blue-collar fam- GOVERNMENTAL AFFAIRS completes its business today, it ad- ily. My father was a mechanic. He em- Mr. REID. Mr. President, I ask unan- journ until 9:30 a.m. on Wednesday, ployed those skills in a sawmill. He imous consent that the Committee on April 30, 2014; that following the prayer was the millwright, the person who Homeland Security and Governmental and pledge, the morning hour be keeps the machinery going so the plant Affairs be authorized to meet during deemed expired, the Journal of pro- can keep operating. When it is oper- the session of the Senate on April 29, ceedings be approved to date, and the ating, there is work for the workers, 2014, at 2:30 p.m. time for the two leaders be reserved for and there is certainly success for the The PRESIDING OFFICER. Without their use later in the day; that fol- company. He went on to work as a me- objection, it is so ordered. lowing any leader remarks, the Senate chanic in many other ways. SELECT COMMITTEE ON INTELLIGENCE be in a period of morning business until On that mechanic’s wage, he was able Mr. REID. Mr. President, I ask unan- 10:30 a.m., with Senators permitted to to raise a family and participate fully imous consent that the Select Com- speak therein for up to 10 minutes in the American dream. He and my mittee on Intelligence be authorized to each, with the time equally divided and mother were able to buy a home. They meet during the session of the Senate controlled between the two leaders or could afford to take us camping. They on April 29, 2014, at 2:30 p.m. their designees, with the Republicans could afford to save a little bit to help The PRESIDING OFFICER. Without controlling the first half and the ma- us be able to go to college. That is objection, it is so ordered. jority controlling the final half; that what happens when workers get to par- SUBCOMMITTEE ON EMERGING THREATS AND following morning business, the time ticipate in the success of our economy. CAPABILITIES until noon be equally divided and con- A minimum wage is part of this story Mr. REID. Mr. President, I ask unan- trolled between the two leaders or because it is the foundation and the imous consent that the Subcommittee their designees prior to the cloture benchmark that helps set wages on Emerging Threats and Capabilities vote on the motion to proceed to S. throughout the economy. of the Committee on Armed Services 2223, the Minimum Wage Fairness Act; In the time period after World War II, be authorized to meet during the ses- further, that at 4 p.m. the Senate pro- our economy grew quickly, our wages

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When the retail stores sell more losophy imposed, advocated, and put need to raise the minimum wage be- to the workers who have more money forward by the top 1 percent that if all cause there is no way to support a fam- in their pocket, they order more from the growth in revenue comes to them, ily on $7.25 per hour, less than $15,000 the factory and the factory employs they will be the job makers. They will per year. more workers. A study by the Eco- be the job creators and everyone else A recent study estimated that a nomic Policy Institute found the high- will thrive. worker paid the Federal minimum er minimum wage we are debating If there was ever a moment in U.S. wage in States as diverse as Minnesota, would create 85,000 jobs. history when the complete falseness of Texas, and Pennsylvania would have to Strengthening our Federal minimum this philosophy was evident, it is right work more than 90 hours per week to wage is, at its core, about basic respect now, because from 2008 until now, 95 afford rent on a market-rate two-bed- and basic fairness. It is about recog- percent of the newly created wages room apartment—90 hours per week, nizing there is dignity in work and have gone to the 1 percent, to the very more than two full-time jobs, 13 hours that when we allow working families to top. So we should have more jobs than of work per day, Monday through Sun- fall farther and farther down the wage we know what to do with on the philos- day. Imagine working from 9 a.m. to 10 chain we all pay the price. Consider the ophy that has been advocated so re- p.m. on your feet, getting up, doing it many aspects that take away from our cently on the floor of this Senate, that day after day, week after week, and society. A mother who has to pursue we should minimize the wages at the still you can’t afford rent on a two-bed- four minimum wage jobs to try to fill bottom to maximize the profits at the room apartment—no breaks, no vaca- in when the earnings from one or more top. tions, no sick days, no benefits, and jobs are too low to support a family That is a downward spiral for a very you can’t afford rent on a two-bedroom means she is not at home helping to clear reason, and it is this: People apartment. guide her child. That is not helping to don’t make things in society if the Without a minimum wage that comes build a strong and productive future middle class doesn’t have the money in closer to families’ real costs of living, for that child or for our society in gen- their pockets to buy them. If they our economy will continue to leave be- eral. don’t have the money, they don’t go to hind too many hard-working Ameri- It doesn’t matter whether you are a the restaurant, the restaurant doesn’t cans. The legislation we are debating CEO or a janitor, if you work full time hire the waiter, and the restaurant this week would raise the Federal min- in America, you should not be living in doesn’t hire the dishwasher. It doesn’t imum wage to $10.10 per hour and index poverty. If we pay the janitor a little open a new outlet and employ more it to inflation to sustain the pur- more, it helps a lot more people than people. chasing power. That doesn’t get us just that one worker. Those wages go There are certainly many factors back to the purchasing power of 1968, straight back into the broader econ- that have contributed to shrinking but at least it comes a lot closer. omy that the CEO and his or her com- paychecks for working Americans, but Let us understand what we are talk- pany depend upon. the declining purchasing power of the ing about. We are not talking about an So let’s do what is right for our Federal minimum wage is a major fac- entry wage for teenagers. The vast ma- workers. Let’s do what is right for our tor. jority of folks who earn the minimum economy. Let’s pass this bill and re- The Federal minimum wage sets an wage are adults—far more than 80 per- store the power of the minimum wage important standard for how the con- cent. More than four out of five are for America’s working families. tributions of working families are val- adults, more than half of whom are Mr. President, I yield the floor. ued. The minimum wage sets a floor on women. The earnings of these families The PRESIDING OFFICER (Mr. DON- wages. It is a benchmark not only for contribute to the support of nearly one NELLY). The Senator from Hawaii. minimum wage workers but for our en- in four American children. Ms. HIRONO. Mr. President, I rise in tire wage scale. When the minimum Contrary to the arguments made for support of the Minimum Wage Fairness wage goes up, the value placed on the superwealthy and couched in sym- Act because it is time to give everyone working Americans all across the econ- pathy for the poor we heard a few min- a fair shot. More and more States are omy goes up. utes ago on this floor, this minimum voting to raise the minimum wage. In 1968, when I was 12 years old, the wage would lift 4.6 million Americans Last week, the Hawaii State legisla- Federal minimum wage was equivalent out of poverty. It would give America’s ture passed a bill to raise the minimum in today’s dollars to about $10.50, un- low-wage workers paychecks that bet- wage in my home State. Hawaii’s bill like the wage we have now which is ter reflect their contribution, their would increase the wage from $7.25 to $7.25. So the purchasing power has work, and their value in our economy. $10.10, and increase the tip wage to at roughly dropped by one-third, and that Some in this Chamber, as we heard least $9.35. is not to the benefit of the workers, not so many minutes ago, would try to Hawaii will become the tenth State that is not to the benefit of all of the convince us that this is bad for busi- enacting a wage increase since Presi- small businesses that provide retail ness. Nothing could be farther from the dent Obama’s 2013 State of the Union services that benefit when a worker truth. For proof, just look to the Address. In 2014 alone, Connecticut, can afford to buy those services. Northwest. In Oregon, we know this Delaware, Maryland, Minnesota, West Putting money into the pockets of model works because Oregon has road- Virginia, and Washington, DC have en- minimum wage workers lifts millions tested the model. We don’t need to acted wage increases. Hawaii will be- of working families directly. It lifts have theoretical debates about it; we come the 26th State with the higher millions more because of the indirect have a real-life example in the State of minimum wage than the current Fed- effect of providing more demand for Oregon. Our minimum wage has been eral minimum wage. It is time for Con- products in the economy. indexed since 2002. It sits at $9.10 per gress to join with the States that are Today a worker who works 40 hours hour. Indexing enables businesses to leading the charge to give hard-work- per week at the Federal minimum plan for small and steady increases ing families a raise. wage makes barely $15,000 per year. rather than to speculate about poten- I am going to share a few reasons That puts a family of two below the tial dramatic leaps. why the Senate should vote to raise poverty line. That is poverty despite Oregon’s restaurant industry, one of the minimum wage. First, today’s Fed- the fact the mother is working full the largest employers of workers at Or- eral minimum wage is a poverty wage. time 52 weeks a year. A family of three egon’s higher minimum wage, is pro- If the minimum wage had kept up with puts them further below the poverty jected to grow faster than the national inflation since 1968, the minimum wage line because of the additional expenses average—faster. In fact, a higher min- today would be about $10.68. This

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I have met res- In addition to the restaurant indus- The bill we are considering today taurant workers who can’t afford to try I referred to earlier, there are other would raise the Federal minimum wage eat in the very restaurants in which persistent critics who claim raising the from $7.25 to $10.10 by 2016 and index it they work. Take the example of Nyah minimum wage will cost jobs. Some to inflation afterward. Increasing the Potts, whom I met recently. She is a cite a Congressional Budget Office re- minimum wage to $10.10 would help lift tipped worker. She works in a res- port that only looked at old studies nearly a million workers and their taurant in the Reagan Building in and not the latest research. The fact is, families out of poverty. Washington, DC. Due to her low wages, the latest academic studies say a high- she has had to choose between buying In Hawaii, raising the minimum wage er minimum wage increases consumer diapers for her child or eating lunch spending and does not cost jobs. will bring more than 12,000 people that day. She decided to do something above the Federal poverty level. A March Goldman Sachs report said about her situation. Joining with her that States which raised their min- Second, the minimum wage is a wom- fellow workers and advocacy groups, imum wage in 2014 actually created an’s issue. Growing up, my mother was she pushed the administration to raise more jobs than other States that didn’t a single parent. We were an immigrant the minimum wage for Federal con- raise the minimum wage. Six hundred family. She raised three children by tract workers. Nyah and her coworkers economists, including 7 Nobel prize herself on very low wages. I know what will now get a raise. It is time to give winners, have endorsed a minimum it is like to run out of money at the everyone in America a raise. wage of $10.10. end of the month and what it is like for There is a common myth that tipped Raising the minimum wage also every dime to matter. Nationwide, workers are teenagers just starting saves taxpayers money on social serv- nearly two-thirds of minimum-wage out. That is false. Eighty-eight percent ices, as many of my colleagues have al- workers are women. In Hawaii, increas- of workers in tipped occupations are ready noted. The current minimum ing the minimum wage will give 54,000 age 20 and over, and 45 percent are 30 or wage leaves many below the poverty women a raise. One out of five Hawaii older. line and eligible for assistance such as women workers will get that raise. Back in 2007, the last time Congress the Supplemental Nutrition Assistance That is important to the women in my raised the minimum wage, the res- Program, SNAP, or food stamps. If we State, where the cost of living is high. taurant industry with its many tipped raise the minimum wage from $7.25 to workers said it would cost their indus- During the legislative debate on this $10.10, we reduce taxpayer costs for try jobs. This did not happen. In fact, issue in Hawaii, numerous advocacy SNAP benefits by $4.6 billion a year. In in 2013 the restaurant industry forecast groups came forward to provide testi- Hawaii, over 15,000 workers would no said ‘‘restaurants remain among the mony on why the minimum wage longer need SNAP benefits. This would leaders in job creation.’’ The Bureau of should be increased in Hawaii. These save nearly $40 million in Hawaii alone. Labor Statistics reports that between included representatives from church- In America, we believe that if you es, unions, individual parents, stu- 2007 and 2013, restaurants added 724,000 jobs. work hard and play by the rules, you dents, and others. For example, Dr. can get ahead. It is time for Congress Lori Kamemoto is an ob-gyn who came There is a misconception that all tipped workers are servers at fancy res- to follow the example of Hawaii and forward to testify. She told of her work other States that have raised their in health clinics where many of her pa- taurants. This is also not true. Many people who work at the airport, who minimum wages. They are doing the tients are minimum-wage workers. She right thing. It is time for Congress to testified: help you get your bags, who help you make it to your gate on time, are also do what is right. Let’s give America a The majority of patients I saw at the free tipped workers. Tipped workers include raise so all Americans can have a fair clinic worked multiple minimum wage jobs, bar-backs, bellhops, parking attend- shot. and each job made sure that they did not give my patient enough work hours to qual- ants, car washers, airport wheelchair f ify for health insurance or benefits. Often- workers, and many people don’t even realize that these workers need tips to ADJOURNMENT UNTIL 9:30 A.M. times, a patient would not be able to afford TOMORROW the medication needed for her health condi- survive. tion. She had a choice to either pay for her On average, hourly wages for tipped Ms. HIRONO. Mr. President, I ask children’s food or the recommended medica- workers are almost 40 percent lower unanimous consent the Senate adjourn tion. than overall hourly wages. The fact is, until 9:30 a.m. tomorrow, Wednesday, Another testifier, Laura Finlayson, raising the minimum wage is not just April 30, 2014, with all other provisions is a student at Hawaii Pacific Univer- good for workers, it is also good for the of the previous order remaining in ef- sity. She testified: economy. That is why a survey of fect. small business owners found that three The PRESIDING OFFICER. Without As someone who has worked several min- imum wage jobs, I have experienced first- out of five small business owners sup- objection, it is so ordered. hand how the low wages perpetuate the cycle ported raising the minimum wage. Thereupon, the Senate, at 7:15 p.m., of poverty. . . . Many must also rely on gov- They understand a higher minimum adjourned until Wednesday, April 30, ernment aid in order to make ends meet. wage would increase consumer spend- 2014, at 9:30 a.m.

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HONORING MS. MARY BAKER her exceptional record of service to our great tury, captured the essence of this special man Nation. in its obituary. HON. JARED HUFFMAN f Phil Yost was a gentle and decent man, a OF CALIFORNIA writer with an ethical compass that belied ON THE OCCASION OF THE HOLO- the stereotype of the cynical journalist. He IN THE HOUSE OF REPRESENTATIVES CAUST REMEMBRANCE DAY was known for an unerring sense of fairness, Tuesday, April 29, 2014 (YOM HASHOAH) a willingness to consider an argument from another side. Mr. Yost possessed a wry and Mr. HUFFMAN. Mr. Speaker, it is my pleas- wicked sense of humor, a light touch that ure to recognize Ms. Mary E. Baker of Eureka, HON. MICHAEL M. HONDA emerged in his writing and life. California, on the occasion of her retirement OF CALIFORNIA Phil Yost was born in Chicago on February as Team Leader of the Redwood Vet Center. IN THE HOUSE OF REPRESENTATIVES 6, 1951. He attended Earlham College, and Ms. Baker began her career with the Read- Tuesday, April 29, 2014 was a member of Phi Beta Kappa. The child justment Counseling Service in 1999 as a Re- of a Mennonite family, he was a conscientious adjustment Counselor for Veterans in Kansas Mr. HONDA. Mr. Speaker, on April 28th, objector during the Vietnam War, and a tutor City, Missouri. With a Masters Degree in So- communities in the U.S., Israel, and around of underprivileged children in Cincinnati. He cial Work from the University of Kansas, she the world will gather to observe Holocaust Re- worked at the Middletown Journal in Ohio and has an extensive background in the treatment membrance Day, known in Hebrew as Yom the Cincinnati Post, and joined the Mercury of Post-Traumatic Stress Disorder and is a Hashoah. We remember the six million Jews News in 1981. In 2006 he left the Mercury to Military Sexual Trauma Therapist and Be- who were deemed ‘‘undesirable’’ and thereby work at the Silicon Valley Leadership Group, reavement Specialist. Since 2005, she has systematically murdered by Nazi Germany. On and in 2010 became the policy and press aide ably led the Redwood Vet Center in providing this day—and everyday for that matter—we to former California State Senator Joe counseling services to combat Veterans and remember the power racism and bigotry can Simitian. Simitian fondly noted that ‘‘unflinch- their families, helping them adjust to life after wield, as well as the enduring spirit and les- ing fairness’’ was Yost’s most aggravating deployment. sons of humanity. I am reminded of the Jewish concept of A 20-year Army Veteran, Ms. Baker’s trait. tikkun olam which embraces our shared hu- Mr. Speaker, I ask the entire House of Rep- awards include the Korean Service Medal, manity and duty to heal the world. Having ex- resentatives to join me in honoring the life and Meritorious Service Medal with oak leaf clus- perienced injustice and intolerance in some of work of Phil Yost, and in extending condo- ters, Army Commendation Medal, and Army its most brutal forms, I have dedicated my life lences to his wife Susan, his parents Elnore Achievement Award, amongst other awards to protecting and expanding the civil rights of and Burton Yost, his brother and sisters, and and decorations. She is a life member of the all people around the world. I believe it is up his entire family. He will be missed by all who Veterans of Foreign Wars, for whom she also to each and every one of us to stand against had the good fortune to know him and be the served as the Women Veterans Committee hatred and intolerance. We must create the beneficiaries of his extraordinary work. Phil National Chairwoman, District 21 Commander, more peaceful world we want our children to Yost strengthened our democracy with his in- Department of California Surgeon, and Depart- inherit. As human beings, we have a responsi- structive journalism, and I’m proud to have ment of California Woman Veterans Chair. bility to keep the Holocaust at the forefront of known him and was privileged to call him my She is a life member and Adjutant of the Dis- our collective historical memory. friend. abled American Veterans, member of both the This week, we dedicate a memorial tree in Women’s Army Corps Veterans Association f honor of Anne Frank on the grounds of the and Vietnam Veterans of America, and has U.S. Capitol. The Anne Frank Memorial Tree CONCURRENT RESOLUTION ON served as President and Treasurer of the Ko- is an offspring of the original chestnut tree that THE BUDGET FOR FISCAL YEAR rean War Veterans Association. Ms. Baker grew outside of the Amsterdam building where 2015 also belongs to the National Association of she and her family hid from the Nazis during Social Workers and University of Kansas SPEECH OF World War II. This tree was featured in Anne’s Alumni Association. diary writings. Anne’s experience has been im- Ms. Baker’s contributions to her community HON. BETTY McCOLLUM mortalized beyond cultures and languages. and fellow Veterans extend well beyond her OF MINNESOTA She has become a symbol of the human cost military and public service. She formerly IN THE HOUSE OF REPRESENTATIVES of the Holocaust. served on the North Coast Stand Down Board Mr. Speaker, as we plant the new sapling Tuesday, April 8, 2014 of Directors and North Coast Veterans Re- on the Capitol Grounds, may we always live The House in Committee of the Whole source Center Advisory Board. One of her by the words, ‘‘never again.’’ Like the new House on the state of the Union had under most significant qualities is her demonstrated sapling, may Anne’s words of hope for a bet- consideration the bill (H. Con. Res. 96) estab- passion for helping women Veterans embrace ter humanity take root within each of us, lishing the budget for the United States Gov- their role in American history, including her ernment for fiscal year 2015 and setting forth wherein ‘‘nobody need wait a single moment work to start the annual ‘‘Honoring Women appropriate budgetary levels for fiscal years before beginning to improve the world.’’ Veterans’’ Program in 2009, serving as 2016 through 2024: f Women Veterans Lead Social Worker of the Ms. MCCOLLUM. Mr. Chair, I rise today in Women’s Odyssey Project, and Committee A TRIBUTE IN HONOR OF THE strong opposition to the Republican Budget Member of Women Veterans Retreat Region LIFE OF PHIL YOST Resolution for fiscal year 2015. The budget 4A–4B. The Soroptomist International of Eure- put forth by House Republicans is unneces- ka recently acknowledged Ms. Baker’s efforts HON. ANNA G. ESHOO sary and unwise. Congress has already passed a budget target for FY2015. The with their Ruby Award, which honors a woman OF CALIFORNIA who makes extraordinary differences in the House Appropriations Committee has already IN THE HOUSE OF REPRESENTATIVES lives of other women. marked up two bills. This Republican budget is Ms. Baker is known for being a vocal and Tuesday, April 29, 2014 a complete distraction from the real work Con- tireless advocate for her fellow Veterans with Ms. ESHOO. Mr. Speaker, I rise today to gress should be focusing on—issues such as a talent for helping them to take pride in their honor the life and work of an extraordinary comprehensive immigration reform, the res- service, heal from their wounds, and access man, Phil Yost, who died at the age of 63 toration of long-term unemployment insurance, available resources. Please join me in ex- after a three-year battle with cancer. the Paycheck Fairness Act or others. Instead, pressing deep appreciation to Ms. Mary E. The venerable San Jose Mercury News, Mr. Republican leaders have wasted another leg- Baker for her long and impressive career, and Yost’s employer for more than a quarter cen- islative week with endless floor debate on a

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

VerDate Mar 15 2010 04:52 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K29AP8.001 E29APPT1 smartinez on DSK6TPTVN1PROD with REMARKS E614 CONGRESSIONAL RECORD — Extensions of Remarks April 29, 2014 budget that recycles many of the rejected Tea CONGRATULATING THE HONOREES Mr. Speaker, I ask my colleagues to join me Party proposals from the past. Once again, OF THE MID-MAINE CHAMBER OF in honoring Mr. Wilkin for his contribution to all Congressional Republicans are demonstrating COMMERCE’S 51ST ANNUAL of our veterans and their families. their true priorities: providing massive tax AWARDS DINNER f breaks for the wealthiest Americans and cor- PASSING OF HOLOCAUST porations at the expense of Middle Class HON. MICHAEL H. MICHAUD SURVIVOR LEO BRETHOLZ America. OF MAINE This ten year Republican budget is the IN THE HOUSE OF REPRESENTATIVES HON. CAROLYN B. MALONEY wrong vision for Minnesota and America. Yet Tuesday, April 29, 2014 OF NEW YORK again, the GOP abandons investments that Mr. MICHAUD. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES ensure broad-based economic prosperity recognize the honorees of the Mid-Maine Tuesday, April 29, 2014 today and into the future. This budget jeopard- Chamber of Commerce’s 51st Annual Awards izes the health and economic security of our Dinner. The Mid-Maine Chamber of Com- Mrs. CAROLYN B. MALONEY of New York. seniors by re-opening the donut hole and end- merce serves the people and business com- Mr. Speaker, I rise today to commemorate the ing the Medicare guarantee. Their proposal munities of the region, working hard to extraordinary life of Leo Bretholz, a Holocaust fails our children by making irresponsible cuts strengthen economic opportunity throughout survivor who passed away in his home on to our schools and Pell Grants, putting the the area and the state. March 8, 2014, at the age of 93. Leo is sur- vived by three children, Myron Bretholz of dream of a college education out of reach for Each year, the Mid-Maine Chamber of Com- Phoenix, Md., Denise Harris of Ellicott City, millions of young adults. Extreme reductions to merce recognizes local businesses, business Md., and Edie Norton of Herndon, Va.; a half- the Supplemental Nutrition Assistance Pro- leaders, and individuals who promote and ad- vance a vital and a healthy business environ- sister; and four grandchildren. He was married gram (SNAP), the Social Services Block for 57 years to Florine Cohen, who passed Grant, and Medicaid will inflict unnecessary ment. These individuals and businesses are committed to strengthening opportunity, pros- away in 2009. pain on our children, working families, and perity, and community service in Maine. He was beloved by the Baltimore commu- seniors. By slashing investments in infrastruc- The 2013 award winners are: John and nity who recognized him as a courageous and ture, their budget rejects a proven path to Jackie Dalton, Distinguished Community Serv- inspiring individual. He worked for many years grow our economy and create jobs. Instead, it ice Award; Bart Stevens of Century 21 Nason as a salesman and later managed bookstores. advances the priorities of the wealthiest Amer- Realty, Elias A. Joseph Award; Shane Savage When Leo retired, he spent his life visiting icans—massive tax breaks for the top one of Fairfield, Oakland, Unity, and Winslow schools and speaking with people from many percent and corporations, while adding to the Pharmacies, Business Person of the Year; diverse backgrounds. tax burden of middle class families and de- Kennebec Behavioral Health, Business of the His work with schoolchildren and the posi- stroying the social safety net. The Ryan-Re- Year; Darlene Ratte of the Best Western Plus, tive impact he had on them was depicted in publican budget is a recipe for American eco- Outstanding Professional; Maine Film Center, the documentary, ‘‘See You Soon Again,’’ nomic decline and increased pain for the vul- Community Service Project of the Year; Josh- which preceded his memoir ‘‘Leap into Dark- nerable. It moves our nation backwards and ua Reny of the Town of Fairfield, Rising Star ness: Seven Years on the Run in Wartime Eu- gives up on the American dream, the idea that Award; and Doreen Brown of the Hampton Inn rope’’ that he produced with journalist Michael everyone has a fair shot at success. I strongly Waterville, Customer Service Stardom Award. Oleskor. Students described him as a ‘‘true in- reject these misguided priorities and the Re- These recipients are among the best that spiration’’ who ‘‘never stopped teaching or try- publicans’ harmful vision for our Nation. Maine has to offer. Through their leadership ing to make a difference in the lives of his stu- and their incredible commitment to their com- dents and friends.’’ Instead, I am pleased to support the budget munities and to the region, Maine is a better Leo dedicated his life to fighting for justice resolution offered by the Democrats. Our place in which to live and do business. for all victims of the Holocaust. One of Leo’s budget proposal prioritizes the needs of our Mr. Speaker, please join me again in con- great causes was the pursuit of reparations for seniors and middle class families. It strength- gratulating the Mid-Maine Chamber of Com- U.S. Holocaust survivors from the Societe ens the social safety net, protects Medicare, merce and the award recipients on their out- Nationale des Chemins de fer Francais and preserves the Affordable Care Act to help standing service and achievements. (SNCF), the state-owned French railway. ensure all Americans have access to afford- f Between March 1942 and August 1944, able health coverage. The Democratic Alter- SNCF carried 76,000 people to Nazi camps, native invests in the needs of our communities HONORING MR. WILLIAM including Leo. But, out of the 1,000 people on and will help create jobs by expanding tax in- GRAHAME WILKIN III, ARTIST the SNCF train car, Leo managed to be one centives for low- and middle- class families. It of only five people who successfully escaped. makes critical investments in education to help HON. BILL FOSTER Leo frequently recounted the incredible story make college more affordable and ensure that OF ILLINOIS of his journey from Austria to France in this all students have the opportunity to succeed. IN THE HOUSE OF REPRESENTATIVES train car, when he and a friend forced open the bars of a cattle car to escape the Ausch- And it rejects the reckless cuts caused by se- Tuesday, April 29, 2014 witz-bound train. Ever since, Leo has been ac- questration to non-defense spending starting Mr. FOSTER. Mr. Speaker, I rise today to tive in telling his story and fighting for justice next year, while maintaining the funding level honor Mr. William Grahame Wilkin III of Au- through educating schoolchildren, lawmakers, requested by the President for defense. The rora, Illinois for his contributions to our nation’s and the general public. Democratic Alternative is a vision for our Prisoners of War and those Missing in Action. Leo often gave the account of an elderly country that will keep our communities and our Mr. Wilkin is currently an art teacher at Aurora woman also on the train who told him, ‘‘If you economy strong into the future. Christian High School, helping young men and get out, maybe you can tell the story. Who There were also good ideas put forward by women learn how to express themselves else will tell the story?’’ This encounter and his the Congressional Progressive Caucus (CPC) through art. However, in 1983 when he was a successful escape led him to speak out and the Congressional Black Caucus (CBC). young art student at Glenbard South High against unjust laws in his memoir that re- Both budget proposals would help support the School, Mr. Wilkin participated in an art con- counts his experience and successful escape. needs of Minnesota families and keep Amer- test sponsored by the Veterans of Foreign In 2011, I testified with Leo in front of the ica strong. Wars. United States House Foreign Relations Com- While his entry did not win the competition mittee, about the need for long-overdue rep- The bottom line is that the Ryan-Republican that day, it would go on to become an image arations for Holocaust survivors from SNCF. budget resolution increases the tax breaks for we all recognize. His artwork reminds us of I am proud and honored to have worked wealthy, abandons America’s middle class, soldiers who were held captive and those with Leo. He truly was a hero. It was his and punishes the poor. I came to Congress to whose deaths were never confirmed. His entry strong energetic force that has truly helped move our Nation forward. I urge my col- was a circle with the black silhouette of a move forward the Holocaust Rail Justice Act, leagues to reject this backward vision put for- man’s face, a guard tower to the left with three legislation that would provide reparations for ward by Chairman RYAN and instead support supporting crosses, and barbed wire on the hundreds of known survivors, veterans, and the Democratic Alternative. right. their family members living in the United

VerDate Mar 15 2010 04:52 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A29AP8.001 E29APPT1 smartinez on DSK6TPTVN1PROD with REMARKS April 29, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E615 States today who for the past 10 years sought ica that responsibly reduces our deficit. Our vi- friend. Lottie was one of the blessings in my legal action to hold SNCF accountable. sion respects the American people, gives life, as was her husband and their son Mark. As we remember Leo’s life and legacy, it is them opportunity through the creation of good Lottie strengthened our community in count- important to continue his fight for justice. I will paying jobs that build and strengthens the less ways, bettering our country through her continue to work on this issue with the same middle class, protects the future and wellbeing service to others and raising a family that car- vigor Leo had, to give Holocaust survivors a of our children and insures we remain the ries on the great values she embodied. deserved day in court and finally hold SNCF greatest country in the world. f accountable for its wartime injustices. Leo’s f passing is an unfortunate reminder that the MARGARET M. LADONIS number of Holocaust survivors left in the world A TRIBUTE IN HONOR OF THE continues to dwindle. His incredible story is an LIFE OF LOTTIE LAUTMAN SOL- HON. LOU BARLETTA OMON inspiration to me and anyone who hears it, OF PENNSYLVANIA and I know that his life and legacy will never IN THE HOUSE OF REPRESENTATIVES be forgotten. HON. ANNA G. ESHOO Tuesday, April 29, 2014 f OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES Mr. BARLETTA. Mr. Speaker, I rise to honor CONCURRENT RESOLUTION ON Margaret M. Ladonis of Drums, Pennsylvania Tuesday, April 29, 2014 THE BUDGET FOR FISCAL YEAR who is turning 100 years old on April 15, 2015 Ms. ESHOO. Mr. Speaker, I rise today to 2014. honor the life of an extraordinary woman, Mrs. Ladonis was born on a farm in Dor- SPEECH OF Lottie Solomon, a talented, loving and brilliant chester County, Wisconsin on April 15, 1914. HON. LUCILLE ROYBAL-ALLARD woman who died at her home in Los Altos During World War II, she supported the war Hills, California, on April 6, 2014, at the age of effort by manufacturing torpedoes in Mil- OF CALIFORNIA eighty-eight. waukee, Wisconsin. She eventually moved to IN THE HOUSE OF REPRESENTATIVES Lottie was born in New York City on Octo- Berwick, Pennsylvania and opened Ladonis Tuesday, April 8, 2014 ber 26, 1925, the only child of Sadie and Appliance Store with her husband, Alex The House in Committee of the Whole Hyman Lautman. She attended public schools Ladonis, in 1946. Mrs. Ladonis assisted in the House on the state of the Union had under in New York City, graduated from James Mon- operation of this store for many years until re- consideration the bill (H. Con. Res. 96) estab- roe High School at sixteen, and from Brooklyn tiring in 1978. Throughout her time in Pennsyl- lishing the budget for the United States Gov- College at the age of twenty. She was an ac- vania, Margaret has been an active member ernment for fiscal year 2015 and setting forth complished and highly regarded violinist who of the local community, volunteering with Girl appropriate budgetary levels for fiscal years considered a career as a professional but in- Scout and Cub Scout troops, St. Mary’s 2016 through 2024: stead earned a graduate degree and a teach- Church, Berwick Hospital, and the Red Cross. Ms. ROYBAL-ALLARD. Mr. Chair, the fed- ing credential from Columbia University. She She was also a member of the former Daugh- eral budget is about much more than just dol- began her career as an elementary school ters of Isabella and the National Council of lars and cents. It is a moral document that re- and music teacher in New York City. In later Catholic Women at St. Mary’s. Today, she en- flects our values and our vision for our na- years she earned a Masters degree in joys visiting with her four children and six tion’s future. Healthcare Administration from The George grandchildren, reading, and solving jigsaw Unfortunately the Republican budget before Washington University. puzzles. us is a reflection of misguided priorities and In 1947, Lottie married Herbert Solomon, a Mr. Speaker, as she turns 100, I wish Mar- values. statistician she met while both were studying garet Ladonis a happy and healthy birthday. Instead of creating jobs and opportunity for at Columbia. They were married for fifty-seven f the middle class and those aspiring to realize years, until his death in 2004. Lottie and Her- the American dream the Republican budget bert moved to California when Herbert be- THE SAD CONNECTION BETWEEN recklessly and unfairly protects the super came a Professor of Statistics at Stanford Uni- THE SUPREME COURT DECISION, wealthy and special interests at the expense versity. Before moving to Los Altos Hills, the THE REMARKS OF NEVADA of everyone else. couple and their three children, Naomi, Mark RANCHER CLIVEN BUNDY, AND The Republican budget ignores the signifi- and Jed, lived on the Stanford campus for fif- LOS ANGELES CLIPPERS OWNER cant importance of investing in education, job teen years. DONALD STERLING training, research, innovation, modern day in- Lottie was passionate about music and frastructure and advanced manufacturing. In teaching, and played violin with the Peninsula HON. SHEILA JACKSON LEE doing so, it will foolishly cripple our country’s Symphony and many quartets. She had a long OF TEXAS economic growth and the future potential of career leading choral music, including found- IN THE HOUSE OF REPRESENTATIVES hardworking Americans and their families to ing and leading the Yiddish Choristers. create and successfully compete for 21st cen- Lottie gave generously of her time and con- Tuesday, April 29, 2014 tury jobs. siderable talents as a member of the Santa Ms. JACKSON LEE. Mr. Speaker, I rise to The Republican plan also jeopardizes the Clara County Juvenile Justice Commission. express my disagreement with last week’s Su- wellbeing of our seniors by proposing to turn She also was a valued participant and contrib- preme Court decision and at the same time I Medicare into a voucher system. utor to many Jewish organizations including wish to condemn in the strongest terms, the In my state of California alone, this disas- Congregations Beth Am and Kol Emeth, the inappropriate comments by NBA owner Don- trous Republican budget would raise health Jewish Community Federation, B’nai B’rith, ald Sterling and Cliven Bundy, the Nevada care costs for seniors by ending the Medicare Hadassah, ORT, the Oshman Family Jewish rancher who owes the federal government guarantee and forcing 358,862 seniors to pay Community Center, and Hillel at Stanford. more than $1 million in grazing fees that he more for prescription drugs. It would ransack Lottie Solomon was a loving daughter, wife, has not paid in 20 years. our nation’s commitment to education and mother and grandmother. She leaves her sons America is a nation moving into a future and push 21,140 Californian children out of Head Mark and Jeb, their wives Carolyn and Leslie our diversity makes us better and stronger; Start and deny Pell Grants to 51,350 low in- Colvin; and her four grandchildren, Jacob Sol- and comments and attitudes like those ex- come California college students. The Repub- omon, Sara Solomon, Nathaniel Solomon and pressed by Donald Sterling and Cliven Bundy lican budget would also force California to turn Daniel Solomon. She was preceded in death have no place in our civic life and are a tragic more than 488,000 people away from job by her daughter Naomi Solomon, who per- illustration of why the Supreme Court reached training, employment and job search assist- ished on September 11, 2001 in the World the wrong decision at a most inopportune time ance. Trade Center attacks. in upholding Michigan’s anti-affirmative action And, according to the non partisan Congres- Mr. Speaker, I ask the entire U.S House of initiative. sional Budget Office, it would stall our nation’s Representatives to join me in paying tribute to With its decision in Schuette v. Coalition to recovery by cutting economic growth by 2.5 this extraordinary citizen and extending our Defend Affirmative Action, the Court has percent in the year 2015. most sincere condolences to her family. She weakened the precedents that protected mi- I am proud to stand with my Democratic col- will be missed greatly by those who had the norities from ballot initiatives that suppress mi- leagues who have a different vision for Amer- privilege of knowing her and calling her their nority civic participation.

VerDate Mar 15 2010 04:52 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A29AP8.004 E29APPT1 smartinez on DSK6TPTVN1PROD with REMARKS E616 CONGRESSIONAL RECORD — Extensions of Remarks April 29, 2014 This decision flies in the face of prior rulings IN HONOR OF THE LIFE OF that over three-fourths of all Tutsis living in of the Supreme Court that struck down laws WILLIAM ‘‘BILL’’ BLAIR, JR. Rwanda in 1994 were killed before the end of and ballot initiatives that place extra burdens the summer. on the ability of minorities to participate on HON. MARC A. VEASEY In 2010 and 2011, I traveled to Rwanda equal footing in the political process. OF TEXAS while researching my doctoral dissertation on Also Mr. Speaker, let me add my voice to IN THE HOUSE OF REPRESENTATIVES the Rwandan Genocide. that of the President and so many other per- I met the prosecutors in Arusha, Tanzania, Tuesday, April 29, 2014 sons of goodwill in denouncing the racist and where the International Criminal Tribunal for offensive comments of Clippers owner Donald Mr. VEASEY. Mr. Speaker, I rise today in Rwanda was headquartered, as well as the ar- Sterling. His remarks have no place in our so- remembrance of William ‘‘Bill’’ Blair, Jr., a tal- chivists and researchers engaged in pre- ciety and are beneath contempt. ented Negro Leagues pitcher who became a serving its history. It is particularly unfortunate that these des- voice for Dallas’ African-American community. Their stories remind us all why we must re- picable remarks were made by an owner of an His passing on April 20, 2014 leaves a void in commit to ending genocide. NBA franchise because the NBA has been the city Dallas, and I join with the Texas com- Today, on the Day of Remembrance of the leading the way in showing the world that munity in giving our condolences to the Blair Victims of the Rwanda Genocide, I ask that America’s diversity is its greatest strength and family. my colleagues join me and the people of asset. Mr. Blair attended Booker T. Washington Rwanda in honoring the victims. NBA teams are comprised of athletes from High School, where he played football and May we learn from the Rwandan Genocide, every race and background who work hard met his wife of 70 years, Mozelle Jordan. He and may we ensure that such atrocities are and in common purpose to achieve the shared went on to continue his studies at Prairie View never again permitted to take place. goal of winning championship and thrilling A&M University and later enlisted to fight in f their fans, who can be found on every con- World War II. In 1945, Mr. Blair became the HONORING THE SEXUALITY INFOR- tinent of the globe. As an economic engine, youngest black sergeant to serve in the U.S. MATION AND EDUCATION COUN- the NBA generates billions of dollars to the Army during World War II. CIL OF THE UNITED STATES national and local economy. Mr. Blair, a Negro Leagues Baseball Hall of (SIECUS) Americans do not disrespect or disparage Fame inductee, pitched from 1946 to 1951, for African, Asian, South American, or European teams including the Indianapolis Clowns and HON. BARBARA LEE basketball stars because of their ethnicity or Cincinnati Crescents, and was a player-man- OF CALIFORNIA country of origin. They welcome them. ager for the Dallas Black Giants. He was in- IN THE HOUSE OF REPRESENTATIVES Nigeria’s Akeem Olajuwon, China’s Yao strumental in the development of the African Ming, Dkembe Mutombo from the Democratic American Museum’s Texas Sports Hall of Tuesday, April 29, 2014 Republic of the Congo are still revered in my Fame and served on its advisory board. He Ms. LEE of California. Mr. Speaker, I rise home city of Houston. was also inducted in 1996 as a member of its today to recognize the Sexuality Information I am encouraged by the announcement of inaugural class. and Education Council of the United States NBA Commissioner Silver that the league and After his baseball career, Mr. Blair founded (SIECUS) as it celebrates 50 years of advanc- its owners take this matter very seriously and the Highlight News which ran from 1947– ing policies and education on sexuality and I am confident will take appropriate action to 1957. He also later founded the Southwest sexual and reproductive health. Founded in make it clear that when it comes to racism, Sports News, a newspaper that specialized in 1964, SIECUS is dedicated to ensuring the the NBA has a zero-tolerance policy. publishing scores from Black college games sexual health and well-being of our nation’s But last week we are unfortunately re- throughout the United States. The paper was youth and people of all ages. minded that 50 years after the passage of the renamed The Elite News in 1960, and is still With the month of April dedicated to STD Civil Rights Act of 1964 there is still much in publication today, serving as the official Awareness, April 10th recognized as National work to be done in perfecting our union. voice of the church and the community. Youth HIV/AIDS Awareness Day, and the It is perhaps not a coincidence that the of- As a civil rights activist for more than 50 month of May dedicated to Teen Pregnancy fensive comments of Donald Sterling and years, Blair was instrumental in establishing Prevention, we acknowledge the continued Cliven Bundy were made by persons who the Elite News Awards, the first local African- need for health and sexual education for our came of age during the pre-Civil Rights era American awards ceremony, in 1975. In 1986, nation’s young people. I commend SIECUS for and that their views are not shared by the vast he established the first Martin Luther King, Jr., its tireless work and commitment to ensuring majority of their children’s and grandchildren’s Parade in Dallas, which is now an institution in social justice and sexual rights for all people generation. Diversity in education has been in- the community. over the course of the past five decades. dispensable in this transformation. In honor of William ‘‘Bill’’ Blair, a pillar of the While teen pregnancy and birth rates in the That is why the decision in Schuette by the Dallas community, this statement will be en- United States have declined to historic lows, Supreme Court upholding Michigan’s anti-af- tered into the CONGRESSIONAL RECORD. He will the United States continues to have one of the firmative action initiative is so unfortunate. be remembered as a civil rights activist, a highest teen pregnancy rates among com- The Court’s decision perpetuates the direct leader of the community, and an irreplaceable parable countries and pregnancy rate dispari- harm to African-American, Hispanic, and Na- figure in the history of the city of Dallas. ties—whether by race or geography—among tive American students and inflicts indirect young people persist. Additionally, young peo- f harm to all other students, including those ad- ple are bearing the burden of new HIV inci- mitted as alumni legatees, which is just a dis- DAY OF REMEMBRANCE OF THE dence and other sexuality transmitted infec- guised affirmative action program for the afflu- VICTIMS OF THE RWANDA GENO- tions. ent. CIDE Through teacher training, policymaker edu- They are all harmed is because as Justice cation, parent and health care provider re- Sotomayor pointed out in her powerful dissent, HON. KYRSTEN SINEMA sources, and national and state partnerships, the Court’s ruling handicaps Michigan’s public OF ARIZONA SIECUS has strived to advance comprehen- colleges and universities in providing the cam- IN THE HOUSE OF REPRESENTATIVES sive sexual education across the country to pus diversity that ‘‘ensures the next generation help address these alarming facts and equip moves beyond the stereotypes, the assump- Tuesday, April 29, 2014 young people with the information and re- tions, and the superficial perceptions that stu- Ms. SINEMA. Mr. Speaker, I rise today to sources they need to lead healthy lives. dents coming from less-heterogeneous com- remember the victims of the Rwanda Geno- Through the vision and leadership put for- munities may harbor, consciously or not, about cide and to ask my colleagues to join me in ward by SIECUS, there have been renewed people who do not look like them.’’ commemorating the twenty-year anniversary efforts to invest in effective evidence-informed, Mr. Speaker, America is a nation moving of this horrific period in our human history. medically accurate, age-appropriate, and inclu- into the future. Our diversity gives us the Over the course of just ninety days in 1994, sive sexual health education over the past four unique opportunity to compete and win in a extremists in the Rwandan government exe- years. globalized economy. cuted a highly organized plan to exterminate In my congressional district alone, efforts to But to realize that future, we must leave be- the country’s entire Tutsi minority population. support the Division of Adolescent and School hind the long discredited beliefs and attitudes Sadly, they very nearly succeeded. Health (DASH) has allowed the Oakland Uni- of the Donald Sterlings and Cliven Bundys of Nearly one million Rwandans were killed in fied School District (OUSD) to effectively col- this world. this horrendous conflict, and it is estimated lect and report vital student health data and

VerDate Mar 15 2010 04:52 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A29AP8.006 E29APPT1 smartinez on DSK6TPTVN1PROD with REMARKS April 29, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E617 deliver exemplary sexual health education with ice as a Second Lieutenant in the Corps of Chamber continues to serve as an important an emphasis on HIV and STD prevention. Fur- Engineers. Mr. Haston’s wife looked after his asset in Southeastern Pennsylvania, spurring thermore, adolescent access to key sexual mother who became ill during his absence in economic development throughout the com- health services has increased along with the the war. munity. establishment of a safe and supportive envi- In September 1946, Mr. Haston was hired Mr. Speaker, for 100 years the Harrisburg ronment for both students and staff. as a teacher in Ardmore, Oklahoma, where he Regional Chamber of Commerce has served Moreover, the Teen Pregnancy Prevention also served as the assistant coach of the foot- as a catalyst for economic growth in Harris- Initiative, an initiative that SIECUS also seeks ball and basketball teams. In February 1952, burg, PA. Therefore, I commend all those who to strengthen and support, has greatly im- Mr. Haston and his wife had their son William, have served to improve their community as pacted the Alameda County Public Health De- who presently serves as Counsel in the Legal part of this important organization. partment. Currently, Alameda County provides Division of the Federal Deposit Insurance Cor- f evidence-based HIV, STD, and teen preg- poration in Washington, D.C. nancy prevention to more than 1,500 young In 1954, Mr. Haston accepted a job as Prin- COMMENDING CHILDREN’S people in eighteen OUSD Middle Schools. cipal of Lincoln High School in Nowata, Okla- MEDICAL CENTER OF DALLAS Therefore, on behalf of California’s 13th homa. He resigned in 1958 to establish a Congressional District, I want to extend my home in Houston, Texas in an effort to provide HON. EDDIE BERNICE JOHNSON congratulations to SIECUS on this important better opportunities for his son. In Houston, he OF TEXAS milestone. I wish them continued success in worked for the Houston Independent School IN THE HOUSE OF REPRESENTATIVES advancing comprehensive sexual education District as a math teacher at Kashmere Gar- Tuesday, April 29, 2014 and the health of all people. dens Jr./Sr. High School. Mr. Haston would go f on to teach biology, chemistry, and physics. Ms. EDDIE BERNICE JOHNSON of Texas. He also obtained the distinction of F.O.A. Mr. Speaker, I rise today to commend Chil- IN CELEBRATION OF AMOS Science Specialist and was later promoted to dren’s Medical Center of Dallas, the recipient CHARLES HASTON’S 100TH Assistant Principal. of the prestigious HIMSS Davies Enterprise BIRTHDAY In 1961, Mr. Haston and his family joined Award of Excellence. Children’s leadership in St. James Episcopal Church, where he served the use of health information technology pro- HON. AL GREEN as a member of the Vestry, Sunday School vides superior patient care. OF TEXAS Superintendent, Junior Warden, Senior War- As the first nurse elected to Congress, I rec- IN THE HOUSE OF REPRESENTATIVES den, and member of the Brothers of St. An- ognize that the implementation of an electronic health record (EHR) and the use of EHR tech- Tuesday, April 29, 2014 drew. Mr. Haston is a proud member of Kiwanis nology is crucial in our medical community. Mr. AL GREEN of Texas. Mr. Speaker, I International and Alpha Phi Alpha Fraternity, Since 1994, the Nicholas E. Davies award of would like to acknowledge the 100th birthday Inc. He was the inspiration for Dr. Ronald Excellence has recognized superior implemen- of a respected educator and community lead- Peters to work to establish Alpha’s Brother’s tation and use of health information tech- er, Amos Charles Haston. Born in Denison, Keeper Program. On July 23, 2010, at Alpha’s nology for healthcare organizations, private Texas on this day in 1914 to Tilmon and Mary 90th General Convention, the Brother’s Keep- practices, public health entities, and commu- Haston, Mr. Haston rose from humble begin- er Program became international and was re- nity health organizations. nings to become a respected leader. named the ‘‘A. Charles Haston Brother’s This is the second year in a row that Chil- Tragedy struck early in Mr. Haston’s life Keeper Program.’’ Mr. Haston is also the only dren’s has been the recipient of the HIMSS when his father was murdered in his presence member of Alpha Phi Alpha to maintain a Davies Enterprise Award and Children’s was in 1919. He and his mother subsequently membership for 80 years. the first hospital to achieve HIMSS Electronic moved to Wewoka, Oklahoma. He excelled in When recently asked what the most signifi- Medical Record Adoption Stage 7. Children’s school, graduating as the salutatorian of his cant event that had occurred in his life, he has also received two HITRUST certifications high school and achieving the status of all- unhesitatingly said, ‘‘The election of a Black and was named Most Wired by Hospitals and state half-back for his football team. Mr. man, Barack Hussein Obama, II, as the Presi- Health Networks eight times. Haston worked, played varsity football, and dent of the United States.’’ Children’s is able to use EHR technology to sang on the college’s travelling a capella choir Mr. Speaker, in closing, Amos Charles support quality focused care delivery where while putting himself through college at Haston, is a dedicated and loving husband, fa- staff works in a team-based setting to bring Langston University. In 1934, he became a ther, grandfather, great-grandfather, educator, high quality, measurably better care for their member of his beloved Alpha Phi Alpha Fra- veteran, and servant of all mankind. He is an young patients. Children’s has seen reductions ternity, Inc. at Langston. In 1937, Mr. Haston exemplar for all those who aspire to selflessly in median length of stay decline from 2.4 days graduated with a Bachelor of Science degree serve others. to 1.95 days. Chest x-rays have decreased in Science and Mathematics. He later at- f from 59 percent to 39 percent. tended the University of Colorado for post- Children’s uniquely uses the capabilities of graduate work; Texas Southern University, HARRISBURG REGIONAL CHAMBER its EHR to help patients and families play a where he received his Masters of Education in OF COMMERCE larger role in their own care. This increases Secondary Administration degree; and the patient and family satisfaction. Children’s lead- University of Oklahoma, where he did course HON. LOU BARLETTA ership in the health information technology work toward a doctorate. OF PENNSYLVANIA space not only moves us forward but it also In 1937, Mr. Haston took his first job out of IN THE HOUSE OF REPRESENTATIVES improves patient care and quality of life for college as a teacher in a one-room school- these young patients. Tuesday, April 29, 2014 house, simultaneously teaching grades 1–8. I am proud to have Children’s Medical Cen- He eventually resigned and moved to Hugo, Mr. BARLETTA. Mr. Speaker, I rise to honor ter in my district and I will continue to advo- Oklahoma to accept a position as a math the Harrisburg Regional Chamber of Com- cate advancing health information technology teacher, as well as the head football and bas- merce in Harrisburg, Pennsylvania, which is nationwide. ketball coach. During the summers, Mr. celebrating its 100th anniversary on April 16, f Haston worked as a porter for the railroad, 2014. traveling from Portland, Oregon to Seattle, Founded in the late 1800s, the Chamber PERSONAL EXPLANATION Washington to earn extra income. He met his was originally known as the Harrisburg Board wife of 73 years, the former Doris E. Sampson of Trade. In 1913, it was agreed that the orga- HON. ED PASTOR in Hugo. They married Christmas day in 1941 nization should be incorporated as a Chamber OF ARIZONA and remain married to this day. of Commerce, and in 1914, it was officially IN THE HOUSE OF REPRESENTATIVES In August 1942, Mr. Haston was called to given this designation. Although the name has the service of his country for a period of 46 changed, Harrisburg Regional Chamber of Tuesday, April 29, 2014 months, 27 months of which were served in Commerce has stayed true to its mission, act- Mr. PASTOR of Arizona. Mr. Speaker, on combat in the Pacific Theater of World War II. ing as a catalyst for policy change, job cre- rollcall No. 178 & 179—I missed votes due to Though his service began as a Buck Private ation, and business growth throughout Cum- weather delay at airport. Had I been present, in the Army, he was separated from the serv- berland, Dauphin, and Perry counties. The I would have voted ‘‘yea.’’

VerDate Mar 15 2010 04:52 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A29AP8.009 E29APPT1 smartinez on DSK6TPTVN1PROD with REMARKS E618 CONGRESSIONAL RECORD — Extensions of Remarks April 29, 2014 CORAM FIRE DEPARTMENT’S 85TH Texas, I’m pleased to recognize Summer’s community, serving in numerous leadership ANNIVERSARY Girl Scout accomplishment and her contribu- roles including President of the Northeastern tions to help make her community a healthier Chamber of Commerce Services Organization, HON. TIMOTHY H. BISHOP place. We are all proud of Summer Brown. Chair of the Luzerne County Convention & OF NEW YORK f Visitors Bureau, and Chair of the Greater Ha- IN THE HOUSE OF REPRESENTATIVES zleton Area Civic Partnership. She is also a WELCOMING PASTOR BENNY TATE member of the Greater Hazleton Health Alli- Tuesday, April 29, 2014 ance (now Lehigh Valley Hospital-Hazleton), Mr. BISHOP of New York. Mr. Speaker, I HON. PAUL C. BROUN Leadership Hazleton, Lackawanna/Luzerne rise today to honor the members and leaders OF GEORGIA County Metropolitan Planning Organization, of the Coram Fire Department on the depart- IN THE HOUSE OF REPRESENTATIVES and CAN BE. ment’s 85th anniversary. Tuesday, April 29, 2014 In addition to her involvement with many of The Coram Fire Department exemplifies the areas organizations and charities, she has Mr. BROUN of Georgia. Mr. Speaker, I rise bravery, selflessness, and a strong sense of undertaken several special projects, including to recognize Pastor Benny Tate, the Senior community. For 85 years, its members have an effort to bring back a health insurance pro- Pastor of Rock Springs Church in Milner, been willing to leave their homes and their gram for the Chamber. As a result of her col- Georgia, for over 25 years. families at any hour of the day or night, run- laborative efforts, this health insurance pro- When Dr. Benny Tate first arrived in Milner, ning toward danger to save their neighbors. gram has grown beyond the Greater Hazleton Georgia, Rock Springs Church had just 60 The department has grown with the commu- Chamber to 17 additional Northeast Pennsyl- members in its congregation. Today, that num- nity, expanding its services and its facilities to vania Chambers of Commerce. ber has grown to more than 6,000. ensure the safety of Coram residents. It has Mr. Speaker, having had the pleasure to Under the leadership of Pastor Tate, several work with Ms. Palermo on many projects cen- opened its fire house to more than just fire-or ministries were formed at Rock Springs department-related activities. Two civic groups tered on community service and economic de- Church in order to meet the needs of the com- velopment, I can attest to her integrity and meet regularly at the auxiliary fire house. And munity, including: any time my office is in need of a meeting strong sense of community pride. Therefore, I The Rock Springs Medical Clinic to care for commend Donna E. Palermo for her years of space, whether to honor our nation’s veterans, those who cannot afford medical insurance, to bring in banks to help homeowners with committed service to her community and the the Potter’s House, which ministers to women Greater Hazleton Chamber of Commerce, and mortgage issues, or to celebrate our military battling drug and alcohol abuse, Rock Springs academy nominees, the Coram Fire Depart- I wish her continued success in the future. Christian Academy, offering quality education f ment has welcomed us and provided the to children K through 12, and the Impact space with support for our events. Street Ministries, which helps the homeless by CONGRATULATING MR. NATHAN The Coram Fire Department is also serving meals and providing clothing to those GIBBS-BOWLING ON HIS MILKEN proactive in its advocacy for the fire and emer- in need. EDUCATOR AWARD gency services. Whenever there is something Psalm 68:5 says, ‘‘A father to the fatherless, that can be done to make the jobs of volun- a defender of widows, is God in his holy dwell- HON. DEREK KILMER teer emergency service personnel easier, or ing.’’ Or James 1:27 says, ‘‘Religion that God OF WASHINGTON the need to call our attention to something our Father accepts as pure and faultless is IN THE HOUSE OF REPRESENTATIVES they feel makes it harder, the membership this: to look after orphans and widows in their Tuesday, April 29, 2014 works hard to find ways to resolve the issue. distress and to keep oneself from being pol- Mr. Speaker, on behalf of all of the resi- luted by the world.’’ Mr. KILMER. Mr. Speaker, I rise today to dents of the First Congressional District, and Dr. Tate’s work is a shining example of what congratulate and honor Mr. Nathan Gibbs- in particular the residents of Coram, I offer my scripture tells us the role of the church should Bowling, a teacher from my district who has thanks and best wishes to the Coram Fire De- be—to care for the poor, the fatherless, and achieved recognition for being one of the na- partment. Here’s to 85 more years of dedi- widows. tion’s top educators. Mr. Gibbs-Bowling of Lin- cated service to the community. Today, Pastor Tate and his wife of more coln High School in Tacoma recently received f than thirty years, Barbara, reside in Griffin the highly prestigious Milken Educator Award, which is given by the Milken Family Founda- COMMENDING SUMMER BROWN ON Georgia, and are parents to their daughter, Savannah Abigail. tion to recognize excellence in teaching. Mr. EARNING THE GIRL SCOUT SIL- Gibbs-Bowling, winner of the $25,000 prize, VER AWARD Mr. Speaker, I ask my colleagues to join me in honoring Pastor Benny Tate for his 25 was the only recipient this year from Wash- years of outstanding leadership and service to ington State and one of only 35 educators HON. PETE OLSON his community at Rock Springs Church. I wish honored nationwide. OF TEXAS him many blessed years ahead as he con- Mr. Gibbs-Bowling teaches Advanced Place- IN THE HOUSE OF REPRESENTATIVES tinues to lead, serve, and further the gospel at ment Government and Advanced Placement Human Geography, as well as a senior sem- Tuesday, April 29, 2014 his full service church. inar on applying for college and obtaining f Mr. OLSON. Mr. Speaker, I rise today to scholarships. He is an engaging teacher who congratulate Summer Brown on earning the DONNA PALERMO sets high standards for his students while in- Girl Scout Silver Award, the highest achieve- spiring them with a creative classroom experi- ment a Cadette can earn. Summer, a student HON. LOU BARLETTA ence. He is known to have his classrooms de- at First Colony Middle School in Sugar Land, OF PENNSYLVANIA bate Supreme Court cases and hold mock achieved this honor through her accomplish- IN THE HOUSE OF REPRESENTATIVES Congresses. As his students and colleagues ments in leadership, advocacy, and dedication will tell you, Mr. Gibbs-Bowling aims to instill to improving her community. Tuesday, April 29, 2014 intellectual curiosity and a mindset of life-long Summer completed her Girl Scout Silver Mr. BARLETTA. Mr. Speaker, I rise to honor learning in all of his students. Award project by coordinating and leading a Donna E. Palermo on her retirement from the Mr. Gibbs-Bowling grew up in Tacoma. After ‘‘Healthy Eating and Energy’’ workshop for el- Greater Hazleton Chamber of Commerce after graduating from Foss High School in 1997, he ementary students. She led a team of volun- 26 years of exceptional service. earned an associate’s degree from Pierce Col- teers to teach students how to lead a healthy Ms. Palermo began working for the Cham- lege, as well as a bachelor’s and master’s de- lifestyle. This included helping students learn ber as an executive secretary in 1988 and gree from Evergreen State College. Now, as a how to read and understand nutrition labels on continued to move through the ranks of the or- dedicated teacher, he is giving back to his food packages. Summer also conducted a ganization, serving as an administrative assist- community. fruits and vegetable taste test to help the stu- ant, vice president, and interim president. In In addition to helping co-develop the cur- dents discover and experience healthy foods. May 2001, she became the first woman in the riculum on Tacoma history and the Wash- Every parent knows that in itself is an accom- Chamber’s 120-year history to serve as presi- ington State history curriculum he wrote from plishment. dent, a position she held for 13 years. primary source materials, Mr. Gibbs-Bowling is On behalf of all of the residents of the Beyond her work with the Chamber, Ms. Pa- the first teacher at his school to teach Ad- Twenty-Second Congressional District of lermo is an active member of the Hazleton vancement Via Individual Determination

VerDate Mar 15 2010 04:52 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A29AP8.013 E29APPT1 smartinez on DSK6TPTVN1PROD with REMARKS April 29, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E619 (AVID), a program to improve study skills and ‘‘Azerbaijan in the Council of Europe,’’ pub- cies, which continues to this day with over 125 college-readiness. He is also a founder of lished in 2011, as well as of many articles and different species and more than 1,300 trees Teachers United, a network of teachers work- other publications focusing on international af- on campus. This commitment to biodiversity ing with local unions to advance education fairs and political studies. and care for the trees earned the Arboretum policy. For his distinguished career and contribu- the 2000 Communitree Award from the Mis- Mr. Speaker, it is my pleasure to congratu- tions to Azerbaijan, Ambassador Mehdiyev souri Urban and Community Forestry Advisory late Mr. Gibbs-Bowling for winning the es- was awarded a medal on the occasion of the Council and the Missouri Department of Con- teemed Milken Educator Award, and I would ‘‘90th anniversary of Azerbaijan’s diplomatic servation. The City of Maryville has also main- like to express how grateful I am to have him service,’’ at which time he also received the tained an active Community Forestry program as a teacher in Washington State. It is an Foreign Ministry’s ‘‘Honor Award’’ and an and earned the designation as a Tree City honor to recognize him for the passion and order for ‘‘Service to the Fatherland.’’ Ambas- USA in 1998. excellence he brings to the classroom. sador Mehdiyev was born in 1949. He and his Mr. Speaker, I proudly ask you to join me, f wife Sevda have three children. along with the great State of Missouri, in rec- Mr. Speaker, on March 23, 2014, I attended ognizing the Missouri Arboretum at Northwest PAYING TRIBUTE TO DR. AGSHIN a farewell reception and dinner in New York in Missouri State University in Maryville, Mis- MEHDIYEV, AMBASSADOR AND honor of Ambassador Mehdiyev and Sevda. souri, on their 20th anniversary. PERMANENT REPRESENTATIVE The event was hosted by my friends Ranju f OF THE REPUBLIC OF AZER- Batra, Chair of the Diwali Stamp Project and BAIJAN TO THE UNITED NA- former president of the Association of Indians BOB’S ATOMIC BURGERS TIONS in America NY, and Ravi Batra, an accom- plished attorney who is the Chairman and HON. ED PERLMUTTER HON. ELIOT L. ENGEL CEO of Greenstar Global Energy Corporation OF COLORADO OF NEW YORK and Chair of the National Advisory Council on IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES South Asian Affairs. Their son Neal Batra also Tuesday, April 29, 2014 Tuesday, April 29, 2014 was there. The gathering also was attended by numerous UN Ambassadors with spouses, Mr. PERLMUTTER. Mr. Speaker, I rise Mr. ENGEL. Mr. Speaker, I rise today to pay including by U.S. Deputy Permanent Rep- today to recognize and applaud Bob’s Atomic tribute to Dr. Agshin Mehdiyev, Ambassador resentative Rosemary DiCarlo and the Perma- Burgers (BABS), for receiving the Golden Ro- and Permanent Representative of the Repub- nent Representatives from Ukraine, Moldova, tary Ethics in Business Award. lic of Azerbaijan to the United Nations since Romania, Turkmenistan, Turkey, Honduras, The Ethics in Business award was estab- November 30, 2006, who also served with dis- South Korea, Finland, Belarus, Kazakhstan, lished by the Golden Rotary to honor for profit tinction on the United Nations Security Council Bosnia and Herzegovina, Egypt, and inter alia, and non-profit businesses. The recipients of from 2012 to 2013. While at the United Na- Somalia. Also attending were senior members this award must maintain integrity, conviction tions, he also was Azerbaijan’s non-resident of the UN Secretariat, including Won-soo Kim and demonstrate high ethical standards, dem- Ambassador to Cuba (since February 2007), and Ion Botnaru, and members of the judici- onstrated by treatment of customers, employ- Nicaragua (since June 2008), Jamaica (since ary, local elected officials, Rabbi Yitzchok ees, community, and the environment. September 2008), and Venezuela (since Octo- Waldman, who is the Director of the Laniado Bob’s Atomic Burgers’ treatment of their em- ber 2008). Hospital in Israel, Martin and Grace Riskin, ployees, customers, the environment, and the Ambassador Mehdiyev will shortly conclude and my dear friend and colleague Representa- greater community is exemplary. BABS be- his term at the United Nations and return to tive CAROLYN B. MALONEY, in whose district lieves paying employees a livable wage helps Azerbaijan. His dedication to his diplomatic the event was held. Numerous other officials them lead healthy and stable lives, which re- craft and his contributions to the United Na- and prominent individuals sent their greetings sults in no turnover and their ability to deliver tions and to U.S.-Azerbaijan relations richly and good wishes. a consistent product and service to their cus- deserve to be recognized. In particular, he I mention this not only to thank the Batras tomers. brought leadership and wisdom to his position for their incredible warmth and hospitality, but Environmental sensitivity is a core value at in the United Nations and to the United Na- also to demonstrate the great respect and af- Bob’s Atomic Burgers. Recycling, composting, tions Security Council during a period of con- fection with which Ambassador Mehdiyev is and creating as little waste as possible is a siderable turmoil and significant challenges. held by his colleagues and acquaintances. Di- constant effort. You can even see the Furthermore, Ambassador Mehdiyev has a plomacy at its most basic level is about build- upcycling in the de´cor of the shop where local long and distinguished record of serving his ing connections between people, and the at- relics are on display from the Colorado School country. He first worked overseas at the tendance of so many prominent individuals, of Mines Science department. Bob’s Atomic USSR Embassies in Egypt (from 1971 to from all walks of life, is a testament to Ambas- Burgers is very active in the community, fund- 1975) and in Yemen (from 1977 to 1982), and sador Mehdiyev’s character and skills. He is a raising for several schools, the Golden and also in the Ministry of Foreign Affairs of the true professional in every sense of the word West Metro Fire Departments, the Golden Azerbaijan SSR in several capacities, includ- and I am pleased to pay tribute to him today. VFW, the Golden rescue fund, and the Golden ing as chief of the Ministry’s Information and f backpacks program. Additionally, Bob’s partici- Media Office (from 1975 to 1977). He returned pates in numerous community events. to Yemen from 1987 until 1991, and from HONORING THE MISSOURI ARBO- Bob’s Atomic Burgers is a model for out- 1991 to 1992 was Azerbaijan’s official Rep- RETUM AT NORTHWEST MIS- standing ethics in business. It is an example resentative to the Republic of Yemen. Be- SOURI STATE UNIVERSITY for all businesses in America to emulate. Con- tween 1993 and 2001, he was the Director of gratulations on receiving the Golden Rotary Europe, USA and Canada Department of HON. SAM GRAVES Ethics in Business Award, and thank you to all Azerbaijan’s Ministry of Foreign Affairs. And OF MISSOURI the individuals who make Bob’s Atomic Burg- prior to his current position at the United Na- IN THE HOUSE OF REPRESENTATIVES ers the success it is today. tions, he was Permanent Representative of f the Republic of Azerbaijan to the Council of Tuesday, April 29, 2014 Europe from 2001 to 2006. Mr. GRAVES of Missouri. Mr. Speaker, I HONORING MR. RICHARD G. Ambassador Mehdiyev graduated from proudly pause to recognize the Missouri Arbo- HADLEY ON HIS RETIREMENT Azerbaijan State University in 1971 (from the retum at Northwest Missouri State University faculty on oriental studies). Between 1969 and in Maryville, Missouri, on their 20th anniver- HON. CATHY McMORRIS RODGERS 1970, he studied at the Cairo University, and sary of being recognized as the official Mis- OF WASHINGTON from 1985 to 1987, he studied at the Diplo- souri Arboretum by the Missouri State Legisla- IN THE HOUSE OF REPRESENTATIVES matic Academy of the Foreign Ministry of the ture. former USSR. Ambassador Medhiyev holds a Northwest Missouri State University’s tradi- Tuesday, April 29, 2014 PhD degree in the history of international rela- tion of tree management extends back to- Mrs. MCMORRIS RODGERS. Mr. Speaker, tions (1987) and is Honorary Professor of the wards the earliest days of the school. I rise today to honor Mr. Rich Hadley, who is Baku Eurasian University Academic Council Groundskeepers brought a mixture of beauty retiring after over twenty years of service in since 2007. He also is the author of the book, and shade to the campus by mixing tree spe- Washington State. As the President and Chief

VerDate Mar 15 2010 04:52 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\K29AP8.008 E29APPT1 smartinez on DSK6TPTVN1PROD with REMARKS E620 CONGRESSIONAL RECORD — Extensions of Remarks April 29, 2014 Executive Officer of Greater Spokane Incor- sical, ‘‘The Music Man.’’ He then continued his (IFFGD) developed a smart-phone app that al- porated (GSI), the Inland Northwest’s largest undergraduate studies at Clarkson University lows patients to access information on IBS, in- chamber of commerce, Rich has dem- and began his Master of Business Administra- cluding treatment options. These are the kind onstrated an unwavering commitment to grow- tion at Pace University, before setting off to of new initiatives that need advancing so that ing jobs and business opportunities not only in work as a land surveyor and engineer for firms the millions of Americans with IBS can be Spokane but all across Eastern Washington in Missouri, Michigan, and Indiana. treated more effectively. and the Inland Northwest region. David returned to New York permanently in I urge my fellow Members of Congress to When Rich arrived at the Spokane Chamber 1978 and founded Crawford & Associates En- support research efforts and to raise aware- of Commerce in 1993, the organization looked gineering & Land Surveying, P.C. in 1992. He ness for IBS. As an institution, let’s agree to and functioned very differently than the GSI is the current board President of the Columbia lessen the stigma for IBS patients and urge the community knows today. Under Rich’s Economic Development Corporation, past those who may be affected by IBS to find out leadership, GSI has been intentional in con- president and treasurer of Friends of more and get the help they need. solidating business promotion efforts, thereby Clermont, board member of the Columbia f presenting a strong, unified voice for the In- County Historical Society and Columbia Coun- land Northwest. Specifically in 2007, Rich ty Board of Supervisors’ Airport Committee, OUR UNCONSCIONABLE NATIONAL brought together the Chamber and the Spo- and past president of the Columbia County DEBT kane Area Economic Development Council, Association in the City of New York. Beyond thereby creating Greater Spokane Incor- his significant business and charitable con- HON. MIKE COFFMAN porated. More recently, three groups, the tributions to Columbia County and surrounding OF COLORADO International Trade Alliance, the Spokane areas, David has made an indelible mark on IN THE HOUSE OF REPRESENTATIVES STEM Network, and Connect Northwest, have our region through his character and personal Tuesday, April 29, 2014 integrated with GSI: These recent integrations relationships. serve as a testament to GSI’ s credibility as I would like to again thank David for his life Mr. COFFMAN. Mr. Speaker, on January the groups know that GSI will be able to fulfill of service and business acumen that have im- 20, 2009, the day President Obama took of- each of their missions. measurably helped Upstate New York and be- fice, the national debt was From tirelessly advocating for Fairchild Air yond. It is no surprise to me, nor anyone else $10,626,877,048,913.08. Force Base, an integral part of Spokane’s who knows him, that he continues to be rec- Today, it is $17,436,444,226,130.22. We’ve community since 1942 when the City of Spo- ognized in a variety of ways, including winning added $6,809,567,177,217.14 to our debt in 5 kane and local residents purchased the land the Columbia County Association in the City of years. This is over $6.8 trillion in debt our na- and donated it to the War Department, to sup- New York 2013 Distinguished Citizen of the tion, our economy, and our children could porting the start of the North Spokane Cor- Year Award. Thank you David, and keep up have avoided with a balanced budget amend- ridor, Eastern Washington’s top transportation the incredible work. ment. priority, Rich’s legacies are numerous. How- f f ever, his greatest legacy is his tireless com- IN RECOGNITION OF THE CELE- mitment to bringing a medical school to Spo- APRIL IS IBS AWARENESS MONTH BRATION OF MAY 3RD POLISH kane. CONSTITUTION DAY Several years ago, Rich saw a need in HON. JAMES P. MORAN Eastern Washington for a medical school as it OF VIRGINIA would bring additional doctors to the region IN THE HOUSE OF REPRESENTATIVES HON. DUNCAN HUNTER OF CALIFORNIA and open up new economic opportunities. Tuesday, April 29, 2014 Working with the University of Washington IN THE HOUSE OF REPRESENTATIVES Mr. MORAN. Mr. Speaker, I rise today to (UW) and Washington State University (WSU), Tuesday, April 29, 2014 in 2008, WSU accepted it first group of first- recognize April as IBS Awareness Month. Irri- year medical students at its Spokane campus. table bowel syndrome, or IBS, is a functional Mr. HUNTER. Mr. Speaker, I rise today to Last fall, it added 19 second-year students as gastrointestinal disorder. It is characterized by recognize an important national holiday that part of the UW School of Medicine’s second- recurring abdominal pain or discomfort related will be celebrated this week by our friends in year curriculum. Now, the University District is to changes in intestinal function. Other GI Poland, May 3rd, Polish Constitution Day. On the center of a new bioscience complex that symptoms, such as nausea or bloating, and May 3, 1791, Poland adopted the first con- will be a major contributor to Spokane’s future non-GI symptoms, such as sleep disturbances stitution of its kind in Europe and second in economic vitality. or headache, may often occur. IBS affects up the world following what had occurred here in A man of integrity and high principle, his hu- to 15 percent of the U.S. population and ac- America only a few years before. mility and his impact on Eastern Washington counts for roughly 40 percent of all referrals to This new constitution in Poland sought to and on his country will long be remembered. gastroenterologists. supplant the prevailing anarchy fostered by So, today, I ask my colleagues to join me in There is no cure and there are few treat- some of the country’s magnates with a more honoring Mr. Hadley for a lifetime of dedicated ments options for IBS, many of which are only democratic constitutional monarchy. It intro- service. marginally effective. Individuals with moderate duced elements of political equality between townspeople and nobility and placed people of f to severe IBS struggle with symptoms that sig- nificantly limit their physical, emotional, eco- all classes under the protection of the govern- HONORING DAVID J. CRAWFORD nomic, and social well-being. For example, a ment, thus mitigating the worst abuses of serf- recent study found that employees with IBS dom. It banned pernicious parliamentary insti- HON. CHRISTOPHER P. GIBSON had higher average total healthcare costs, and tutions such as the liberum veto, which had OF NEW YORK significantly higher medically related work ab- put the Sejm (Polish Assembly) at the mercy IN THE HOUSE OF REPRESENTATIVES senteeism. of any deputy who could revoke all the legisla- People of all ages are affected by IBS. One tion that had been passed by that Sejm. Tuesday, April 29, 2014 study found that 14 percent of high school stu- The citizens of Poland knew this constitution Mr. GIBSON. Mr. Speaker, I rise today to dents and six percent of middle school stu- was special and May 3rd was declared an offi- honor an exemplary constituent of mine, David dents have IBS. Children with IBS are also cial Polish holiday, Constitution Day, two days J. Crawford, who throughout his lifetime in Co- more likely to experience anxiety and depres- later on May 5, 1791. As with all new efforts lumbia County, NY has contributed signifi- sion and a disruption of normal activities and toward freedom and greater democracy, the cantly to economic growth and our sense of social interactions. In addition, veterans and Polish Constitution met resistance and was community in my home county. active military personnel are disproportionately banned during the partitions of Poland but David was born and raised in Germantown, represented by those suffering from IBS and eventually reinstated in April 1919 under the where he played soccer, basketball, and the other functional gastrointestinal disorders due Second Polish Republic—the first holiday offi- trumpet while working as a construction la- to their exposure to increased risk factors. cially introduced in the newly independent borer in high school. After high school, he first I am encouraged by efforts by non-profits to country. The holiday was again outlawed dur- began studying engineering at Columbia- provide education, support, and advancing re- ing World War II by both Nazi and Soviet oc- Greene Community College, where he also search. Recently, the International Foundation cupiers, only to be celebrated in Polish cities was the 1st Trumpet in the College’s first mu- for Functional Gastrointestinal Disorders in May 1945 in a mostly spontaneous manner.

VerDate Mar 15 2010 04:52 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A29AP8.016 E29APPT1 smartinez on DSK6TPTVN1PROD with REMARKS April 29, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E621 The 1946 pro-freedom demonstrators com- RECOGNIZING THE AMERICAN Taiwan and throughout the Far East. Lee peted for attention with the communist-en- MEDICAL GROUP FOUNDATION agreed. Subsequent developments not only dorsed May 1 Labor Day celebrations in the validated Nee’s insight (he was imprisoned Polish People’s Republic. Until 1989, May 3 HON. JAMES P. MORAN shortly thereafter, and the churches raised up was a frequent occasion for anti-government OF VIRGINIA under his and Lee’s ministry were forced un- and anti-communist protests and Polish Con- IN THE HOUSE OF REPRESENTATIVES derground), but also confirmed that their mes- stitution Day was restored as an official Polish sage and ministry had the potential to reach holiday in April 1990 after the fall of com- Tuesday, April 29, 2014 far beyond China. munism. In 2007, May 3 was declared a Lith- Mr. MORAN. Mr. Speaker, I rise today to Almost immediately Lee’s ministry began to uanian national holiday and Polish-American recognize the American Medical Group Foun- have a profound impact in Taiwan. Tens of pride has been celebrated on the same date dation, based in Alexandria, Virginia, for thousands turned to Jesus Christ for their sal- here in the United States as well. For instance hosting the first ever Measure Up/Pressure vation and began congregating in simple, New since 1982 in Chicago, the Polish-American DownTM National Day of Action: Roll Up Your Testament churches, as their Chinese breth- community have marked May 3rd with festivi- Sleeves! on May 15, 2014. On this day, med- ren had done in China during the previous two ties and the annual Polish Constitution Day ical groups, health systems, partners, and decades. Today, there are more than 200 Parade, and in my own district, Polonia sponsors across the nation will take one ‘‘ac- such local churches in Taiwan with more than United, San Diego led by its President tion’’ to improve blood pressure control in their 200,000 believers. It is a similar story in the Zdzislaw (George) Juchum and its Vice Presi- communities. The services will range from free Far East and Australasia, with churches estab- dent Miroslaw Gomy work tirelessly to inform blood pressure screenings and patient edu- lished in the Philippines, Indonesia, Malaysia, and involve the San Diego community of this cation, to employee brown bag lunches and Singapore, Japan, Korea, New Zealand and important event. media outreach. Australia. The Constitution of May 3, 1791, is evi- The Measure Up/Pressure DownTM initiative Witness Lee did not confine his work to dence of successful internal reform and serves is a national campaign that raises awareness Asia. In 1962 he came to North America and as a symbol of the eventual restoration of Po- and control of blood pressure by working with began to minister from Los Angeles, where he land’s sovereignty. Congratulations to our more than 150 medical groups and health sys- established Living Stream Ministry, the pub- friends and allies in Poland. As you celebrate tems, partner organizations, and sponsors. lisher of Watchman Nee and Witness Lee in Polish Constitution Day on May 3, please be High blood pressure (hypertension) is one of English and over fifty other languages. Wit- assured that the United States stands beside the biggest risk factors for heart disease, ness Lee’s speaking and writing continued to you as a fellow defender of freedom and stroke, kidney disease, and diabetes complica- emphasize ‘‘Christ as life’’ and God’s desire to democracy. tions. Nearly one out of three American adults ‘‘build His church’’ on the basis of the oneness f has high blood pressure. Yet out of these 68 of God’s people, rather than on any ethnic or SENATOR DAVE WATTENBERG million people, only half have the condition cultural differences. This was the same mes- under control. sage that he had learned from his spiritual HON. ED PERLMUTTER Mr. Speaker, I am pleased to recognize the mentor, Watchman Nee. Since the early OF COLORADO American Medical Group Foundation’s con- 1960s the spread of the local churches under IN THE HOUSE OF REPRESENTATIVES tributions to healthier communities, applaud Lee’s ministry throughout the North and South their national day of action, and ask that my America, Europe, and Africa has been remark- Tuesday, April 29, 2014 colleagues and their staffs consider taking part able. There are more than 4,000 churches and Mr. PERLMUTTER. Mr. Speaker, I rise in this important event. 400,000 believers meeting on every inhabited today to honor the memory of my colleague, f continent, including 200 churches and several neighbor, and above all else my friend . . . thousand believers in Russia and the Russian- Dave Wattenberg. Dave passed away on WATCHMAN NEE AND WITNESS speaking world. Monday, January 20, 2014 with his wife Mary LEE Inside mainland China the number of ‘‘hid- Sharon by his side. den’’ believers following the ministry of Nee Dave and I served together for 6 years in HON. JOSEPH R. PITTS and Lee has continued to grow despite the Colorado’s State Senate. OF PENNSYLVANIA Chinese government’s often extreme meas- He was a cowboy whose wit was un- IN THE HOUSE OF REPRESENTATIVES ures to suppress and openly persecute them. matched but he was a serious legislator and Historically, members of the churches in China Tuesday, April 29, 2014 public servant. During the years of Dave’s who appreciate the ministry of Nee and Lee service he passed over 250 bills. These laws Mr. PITTS. Mr. Speaker, a little over four have been among the most harshly per- encompassed mining, banking, air quality years ago my esteemed colleague from New secuted. Thousands have been imprisoned, standards for public lands, and even bringing Jersey, the honorable CHRIS SMITH, rose in countless beaten, and many even martyred. It horse racing back to the State of Colorado. this chamber to bring due attention to one of is estimated today that there may be two mil- He cared deeply about rural Colorado and the great Christians of the twentieth century— lion believers and thousands of local churches his home and the people of northwest Colo- the noted Chinese teacher and church-planter, in China that draw their spiritual nourishment rado in Jackson County. Watchman Nee. Today, I rise to complete the and supply from the ministry of Nee and Lee. He understood better than most the issues circle on this compelling story by honoring Recently, reports have reached the West that effected ranchers and farmers and he Watchman Nee’s closest co-worker, Witness that Christian believers in two provinces have brought those issues to light at the State- Lee. Together they labored tirelessly in China been imprisoned merely for possessing copies house. The Colorado Brand Association legis- from 1932 until the conquest of mainland of the Recovery Version, a study Bible pub- lation sponsored by Dave was most important China by the Communist Red Army under lished by Living Stream Ministry and Taiwan to his love of western heritage. Mao Tse Tung in 1949. Today, the story of Dave knew what it took to bring people to- Gospel Book Room, the publishing entity Lee Watchman Nee is somewhat well known, gether, to compromise and strike a deal to established in Taiwan. Today Watchman Nee make good public policy for the people of Col- given his numerous writings that have become is still labeled as a ‘‘dangerous counterrevolu- orado. Christian classics, such as The Normal Chris- tionary,’’ and Witness Lee is officially branded I was honored to be the beneficiary of Dave tian Life and Sit, Walk, Stand. Capping his in- as a ‘‘cult leader.’’ The writings of both men and Mary Sharon’s help and support over the spirational biography was his martyrdom in a are banned in China. It is tragic that Watch- years. Chinese labor farm in 1972. man Nee died in a Chinese prison farm, totally Whenever I talked to Dave he wanted to Witness Lee’s story is less known in the unaware of how profoundly his life and min- know how he could help me. West but is in no way less significant. Al- istry would impact the entire world. It is a simi- I will always remember the events in his though Nee was the clear leader when they lar tragedy that Witness Lee died in 1997 with backyard and treasure the times we just sat labored together in China, it was left to Wit- such a blatant, gross distortion hanging over and talked and joked about our time at the ness Lee, to preserve and continue their work his name and his ministry in his homeland. Statehouse as well as about family and poli- outside of China and to spread it far beyond It is ironic that at a time when China is tak- tics. the Chinese-speaking world. When it became ing such a prominent role on the world stage I know how much his wife, Mary Sharon will apparent in 1949 that the Communists would in so many areas of society, it is missing an miss him. I and so many others will miss him prevail in China, Watchman Nee insisted that obvious opportunity to further improve its rep- too. Witness Lee emigrate to carry on their work in utation with in the international community.

VerDate Mar 15 2010 04:52 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A29AP8.020 E29APPT1 smartinez on DSK6TPTVN1PROD with REMARKS E622 CONGRESSIONAL RECORD — Extensions of Remarks April 29, 2014 Rather than slander the names of two faithful RECOGNIZING PHILIP P. SMITH ON ‘‘One voice united in prayer.’’ Echoing that men of God, China should take national pride RECEIVING THE SUN SENTINEL’S sentiment of unity, those of us who grew up that two of its own, neither of whom were po- 2013 EXCALIBUR AWARD FOR reciting the Pledge of Allegiance at school litical in either their message or their leader- BUSINESS LEADER OF THE YEAR every morning recall its stirring words with ab- ship of the flock, have had extraordinary im- IN BROWARD COUNTY solute clarity to this very day: ‘‘One Nation pact far beyond the Chinese-speaking world. under God, indivisible, with liberty and justice Mr. Speaker, I call upon the Chinese gov- HON. ALCEE L. HASTINGS for all.’’ ernment today to release all those being held OF FLORIDA Yet today in some schools, the Pledge has simply because of their faith in Christ and to IN THE HOUSE OF REPRESENTATIVES taken a back seat to busy class schedules abandon this national campaign to discredit Tuesday, April 29, 2014 and that crucial phrase, ‘‘under God,’’ seems under constant fire by an unrestrained judici- and distort the record of two brave followers of Mr. HASTINGS of Florida. Mr. Speaker, I the One who came with the message of salva- ary. National Prayer Day serves to remind us rise today to recognize Mr. Philip P. Smith, the we need to regain our footing in this country tion, forgiveness and peace, and instead, to president and chief executive officer of Phil celebrate with us the contributions of Watch- again if we are to stand tall in His eyes among Smith Management, Inc., on receiving the Sun the brotherhood of nations. man Nee and Witness Lee to believers the Sentinel’s 2013 Excalibur Award for Business world over. My efforts in the Congress have long been Leader of the Year in Broward County. Each to preserve our Constitutional guarantees of year, the Sun Sentinel recognizes outstanding freely exercising our religion, and not van- f business executives who exemplify both busi- quishing that right from the public square. ness leadership and community involvement, Since the earliest days of our founding, and in RECOGNIZING MASTER SERGEANT and I can think of no one more deserving of the hearts and minds of those landing on our LANCE NELSON this honor than Phil. Well known as the founder of Phil Smith shores to settle a new world, hope endured Chevrolet, a successful General Motors (GM) through prayer. HON. ADAM SMITH dealership in my Congressional district that I have again introduced a Constitutional OF WASHINGTON serves the greater South Florida area from Amendment to ensure voluntary prayer in pub- lic schools. H.J. Res. 42 reads: ‘‘Nothing in IN THE HOUSE OF REPRESENTATIVES Palm Beach to Broward and Miami-Dade Counties, Phil bought into his first auto dealer- this Constitution, including any amendment to Tuesday, April 29, 2014 ship 35 years ago. While finishing college at the Constitution, shall be construed to prohibit Florida Atlantic University (FAU), he started voluntary prayer or require prayer in school, or Mr. SMITH of Washington. Mr. Speaker, it is working at a Ford dealership in Pompano to prohibit voluntary prayer or require prayer at with great admiration that I rise to congratulate Beach. Owner Pete Menten saw Phil’s poten- a public school extracurricular activity.’’ In the MSgt. Lance Nelson on being named the tial, and not only kept him on the job after his past, I had jointly introduced this amendment Howard O. Scott Citizen-Soldier of the Year. graduation but later gave him the chance to with our late senator, Robert C. Byrd. And, I This award, given annually by the Tacoma- buy into a small Toyota store in Homestead. have co-sponsored H. Res. 547, supporting Pierce County Chamber Military Affairs Com- With help and support from Menten, Southeast the 63rd annual observance of the National mittee and the Kiwanis Club of Tacoma, rec- Toyota Distributors Chief Jim Moran, and oth- Day of Prayer on May 1, 2014, and urge all ognizes an individual who upholds his or her ers, Phil grew his business and now leads an West Virginians to come together to pray and commitment to civic responsibility in an exem- auto-dominated group with 780 employees reaffirm the importance prayer has played in plary way. MSgt. Nelson has served his com- and about $500 million in annual revenue. our nation’s heritage. munity and country in great measure and is With a direct hands-on sales and manage- As wise old Ben Franklin told his fellow del- truly deserving of this award. ment approach, Phil has built his company egates in calling for daily prayer at our Con- During his time in the 728th Airlift Squadron, from the ground up and now operates 17 auto stitutional Convention, ‘‘the longer I live, the 446th Airlift Wing, MSgt. Nelson has personi- dealerships throughout Florida, Georgia, and more convincing proofs I see of this truth— fied what it means to be an airman. He not North Carolina, as well as the Coral Ridge that God governs in the affairs of men. And if only serves as a flight leader in his squadron Country Club in Fort Lauderdale. Just as in a sparrow cannot fall to the ground without his but also as the squadron’s Self Aid and Buddy the very beginning, he remains true to the notice, is it probable that an empire can rise Care Instructor, a position that puts him in principles that have put him at the forefront of without his aid?’’ charge of conducting classes on battlefield his business model: paying it forward and Being a firm believer in the power of prayer, first aid. Furthermore, MSgt. Nelson’s commit- strong relationships with customers. Phil offers I remain convinced that collectively, through ment to service continues when he is off duty, promising employees the same chance that he the power of prayer, we can begin to heal our where he is employed as a firefighter and was given, to become a part owner in each of land. Because when we weigh what little our EMT with West Pierce Fire and Rescue. his auto franchises and pursue the American Lord asks of us—the faith of a mustard seed, MSgt. Nelson has also shown enthusiasm Dream through hard work and dedication. the mere touch of a garment’s hem—the re- Even with his great success, he remains for the potential of young people in our com- turn is nothing short of amazing grace. grounded to the things that matter most. Phil The leadership of our pastors helps guide munity. From starring in Fire Prevention Week is civically engaged and active in his commu- assemblies and volunteering in classrooms, to us to greater understanding and appreciation nity. In addition to his charitable giving, he of that sound investment. I thank them for leading Boy Scouts and coaching sports, serves on the boards for his alma mater FAU, MSgt. Nelson has consistently invested in the their compassion and for their continuing com- the Orange Bowl Committee, and various non- mitment to the power of prayer, and the lives of children. As President of the Ever- profits that focus on issues such as health and green Elementary PTA and member of the strength and guidance it grants us to make the education. Phil also welcomes several high Lord’s work here on Earth our own. Bethel School District Long Range Facilities school teams to practice on the golf course at Planning Team, he has been a dedicated ad- Coral Ridge Country Club without charge. f vocate and resource for the Bethel School Mr. Speaker, Phil Smith is not only an ex- RECOGNIZING MRS. JENNIFER District. ceptional entrepreneur, but a community lead- AINSWORTH Howard O. Scott, for whom this award is er and dear friend. It is truly a pleasure to rec- named, served America when called upon dur- ognize him on receiving the Excalibur Award ing World War II, and continued to serve the for Business Leader of the Year. HON. TOM RICE OF SOUTH CAROLINA Tacoma community throughout the rest of his f life, leaving behind an impressive legacy. IN THE HOUSE OF REPRESENTATIVES MSgt. Nelson carries on the legacy of Howard NATIONAL DAY OF PRAYER Tuesday, April 29, 2014 O. Scott, setting an incredible example of what Mr. RICE of South Carolina. Mr. Speaker, I it means to give back to your country and HON. NICK J. RAHALL II rise today to recognize one of our nation’s fin- OF WEST VIRGINIA community. est teachers, Mrs. Jennifer Ainsworth of Horry IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, it is with great respect that I County, South Carolina. congratulate MSgt. Lance Nelson. I wish him Tuesday, April 29, 2014 Mrs. Ainsworth was recently named South well in his future endeavors, and thank him for Mr. RAHALL. Mr. Speaker, I applaud the Carolina’s 2014–2015 Teacher of the Year for his service. theme of this year’s National Day of Prayer, her exemplary work at Socastee High School,

VerDate Mar 15 2010 04:52 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A29AP8.022 E29APPT1 smartinez on DSK6TPTVN1PROD with REMARKS April 29, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E623 where she teaches and mentors mild to mod- vived the German occupation of Poland and rights, advocates for farmland preservation, erate special needs students. Drawing from the destruction of Warsaw during WWII and in and helps run a non-profit that obtains fresh the inspiration of her late-mother, grand- 1952, when he was 16, he moved with his produce weekly from four local farms and dis- mother, and late-class assistant, Mrs. family to Peoria. When he arrived, speaking tributes it through local food banks. Ainsworth prepares her students for their fu- little English, he would leave Peoria High I want to honor Claire’s commitment and ture by teaching them life and work skills so School at the end of the day and visit the local drive to overcoming food insecurity by creating they can be productive citizens. movie theater to help himself learn the lan- a means to get healthful food directly from Mrs. Ainsworth attributes her success to un- guage. In 1958, after Shalikashvili graduated farms to the homes that need it most. conditional love, hard work, and her dedication from Bradley University in Peoria with a de- to making a difference in her students’ lives. gree in mechanical engineering, he received f Too often, people focus on the broken por- his draft notice. He entered the Army as a pri- tions of our education system. We must recog- vate before attending Officer Candidate HONORING ISABEL MARIE ZUREK nize and celebrate our educators that go School (OCS) and embarking on a distin- above-and-beyond their job duties, like Mrs. guished career that would span almost 40 Ainsworth. years. HON. KERRY L. BENTIVOLIO Our nation’s teachers, especially our special Under President George H.W. Bush, OF MICHIGAN education teachers, dedicate their lives to en- Shalikashvili served as NATO’s Supreme Al- IN THE HOUSE OF REPRESENTATIVES riching the lives of our children. Mr. Speaker, lied Commander. After the first Gulf War, he I applaud Mrs. Ainsworth, and all of our coun- served as Commander of Operation Provide Tuesday, April 29, 2014 try’s educators, for their selfless commitment Comfort, the peacekeeping and humanitarian Mr. BENTIVOLIO. Mr. Speaker, we honor to our country’s future. action in northern Iraq. In 1993, General Isabel Marie Zurek, one of the many women f Shalikashvili was appointed Chairman of the who rose up to help the wartime effort during Joint Chiefs of Staff by President Clinton, WWII. Ms. Zurek is proudly recognized as a THE ARC THRIFT where he served until his retirement in 1997. ‘‘Rosie the Riveter’’ who worked in one of the He was the first foreign-born man to hold the many factories in Detroit during the war. Now HON. ED PERLMUTTER position, as well as the first draftee to ever celebrating her 90th birthday, we honor the life OF COLORADO rise to become Chairman. and accomplishments of Isabel Marie Zurek. IN THE HOUSE OF REPRESENTATIVES General Shalikashvili passed away in July, 2011, and was honored by the Presidents he f Tuesday, April 29, 2014 served under and his fellow military leaders. Mr. PERLMUTTER. Mr. Speaker, I rise President Clinton remembered that ‘‘he never HONORING MR. ED VAN BUREN today to recognize and applaud the Arc Thrift minced words, he never postured or pulled Stores for receiving the Golden Rotary Ethics punches, he never shied away from tough in Business Award. issues or tough calls, and most important, he HON. TED S. YOHO The Ethics in Business Award was estab- never shied away from doing what he believed OF FLORIDA lished by the Golden Rotary to honor for profit was the right thing.’’ IN THE HOUSE OF REPRESENTATIVES and not for profit businesses. The recipients of Mr. Speaker, I’d like to commend Peoria for this award must maintain integrity, conviction recognizing Shalikashvili’s patriotism and dedi- Tuesday, April 29, 2014 and demonstrate high ethical standards, dem- cated service, and I hope those who visit Gen- Mr. YOHO. Mr. Speaker, I rise today to rec- onstrated by treatment of customers, employ- eral Shalikashvili Park continue to be inspired ognize and celebrate Ed Van Buren, an Amer- ees, community and the environment. by his incredible story. ican hero and Army veteran from back in my The Arc Thrift is a 45 year old non-profit, f home district in Florida who recently passed with 21 stores across Colorado employing away. Mr. Van Buren was a patriot and family over 1,200 people. They are one of the largest HONORING THE WORK OF CLAIRE THOMAS man who constantly strove to help his fellow integrated employers of people with disabilities veterans. I have had the privilege and distinct in Colorado. The Arc Thrift Chapters provide honor of speaking with his wife and son, the disabled community with help finding jobs, HON. SUZAN K. DelBENE Vickie and Ben, and learned just how great of OF WASHINGTON housing, medical assistance and services in an American he was. I would like to share his IN THE HOUSE OF REPRESENTATIVES schools. Also proving they are good stewards story. of the environment, last year the Arc Thrift or- Tuesday, April 29, 2014 Ed was proud not only to have served his ganization diverted 20 million pounds of mer- Ms. DELBENE. Mr. Speaker, I rise today to country, but he was honored to have been chandise from Colorado landfills. honor Claire Thomas. Claire Thomas estab- both the son and father of a veteran. After Mr. I congratulate the Arc Thrift stores for being lished The Root Connection in 1987 as the Van Buren left the military, he continued to the recipient of this well-deserved honor by first Community Supported Agriculture farm in serve his nation in the General Services Ad- the Golden Rotary. I thank all the employees Washington State. ministration as a computer specialist. These of the Arc Thrift for their continued commit- She started with a quarter acre of rented principles of service and education are ones ment to the people they serve. land in the Sammamish Valley between that we must pass on to the next generation f Woodinville and Redmond, just 18 miles from of Americans. downtown Seattle. She improved soil, pur- RECOGNIZING THE LIFE AND After retirement, Mr. Van Buren never fal- chased land, and increased acreage until she ACHIEVEMENTS OF GENERAL tered from his sacred mission of assisting vet- now farms 20 acres. erans any way he could. He commanded JOHN SHALIKASHVILI OF PEO- Claire’s farm is organic, and applies the RIA, ILLINOIS American Legion Post 16 and was a member same intensive growing techniques used by of the American Legion honor society. As the many home gardeners. The result is enough HON. CHERI BUSTOS Chairman of the Veteran’s Advisory Board, for about 600 families, a production rate six Alachua County is indebted to the service of OF ILLINOIS times that of farms using normal commercial Mr. Van Buren. In all of his roles, he cham- IN THE HOUSE OF REPRESENTATIVES agricultural practices. pioned assisting and advocating for his fellow The Root Connection provides its members Tuesday, April 29, 2014 veterans and their families. a close connection to the land that grows their Mrs. BUSTOS. Mr. Speaker, I rise today to produce. Families pick up their produce at the About a year ago, Mr. Van Buren was diag- celebrate the extraordinary life and achieve- farm, and can go out into the fields to harvest nosed with lung cancer, but his commitment to ments of General John Shalikashvili of Peoria, herbs and flowers. improving the lives of others never wavered. Illinois, who served as Chairman of the Joint In 2012, King County Executive Dow Con- Though Ed lost his battle with cancer, the im- Chiefs of Staff from 1993 to 1997, and is stantine and Councilmember Kathy Lambert pact he has made in the life of each and every being honored in a park dedication on May awarded Claire the King County Rural Small veteran he helped will never be forgotten. 17th. Business of the Year Award. Mr. Speaker, I thank you for the opportunity General Shalikashvili was born in 1936 in In addition to The Root Connection, Claire to recognize the life of a distinguished citizen Warsaw to Georgian exiles. His family sur- manages 47 acres of farmland and water patriot, Ed Van Buren.

VerDate Mar 15 2010 04:52 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A29AP8.026 E29APPT1 smartinez on DSK6TPTVN1PROD with REMARKS E624 CONGRESSIONAL RECORD — Extensions of Remarks April 29, 2014 CONGRATULATING MRS. JILL and Marketing at San Antonio College, UIW, Cuda a debt of gratitude for her many years ROTH and St. Phillips College. He has been a mem- of devoted community service. I am proud to ber of the San Antonio Hispanic Chamber of call her a friend and fellow West Virginian. HON. JAMES P. MORAN Commerce, the Las Casas Foundation and f Workforce Solutions Alamo. In addition, he OF VIRGINIA IN RECOGNITION OF LI MOON IN THE HOUSE OF REPRESENTATIVES has served as chairman of the board of the Guadalupe Cultural Arts center and has been Tuesday, April 29, 2014 a committee member of Leadership in San HON. JACKIE SPEIER Mr. MORAN. Mr. Speaker, I rise today to Antonio. OF CALIFORNIA congratulate Mrs. Jill Roth for winning The Mr. Speaker, I am honored to recognize Mr. IN THE HOUSE OF REPRESENTATIVES Robert Sosa, retiring Director of Foundation, Independent Insurance Agents & Brokers As- Tuesday, April 29, 2014 sociation of America’s ‘‘Young Agent of the Corporate, and Government Relation at Uni- Year’’ award. Mrs. Roth and her family reside versity of the Incarnate Word. His years of Ms. SPEIER. Mr. Speaker, I rise to honor Li in McLean Virginia, within Virginia’s 8th Con- dedication and commitment to our community Moon, an outstanding educator with the gressional District. Jill serves as the Executive have truly impacted the quality of lives for the Hillsborough City School District for 22 years, Vice President in the Ahart Frinzi & Smith Al- people of the city. who has changed the lives of hundreds of chil- exandria, Virginia office. In that role, Jill has f dren, including my own daughter. Mrs. Moon is being honored with the Community Care worked tirelessly to serve our areas insurance TRIBUTE TO MARY ‘‘JOSIE’’ CUDA needs. Award from the Associated Parents Group. In granting the award, the Association rec- Mrs. Moon is a Resource Specialist and the ognized Mrs. Roth’s hard work, her passion, HON. SHELLEY MOORE CAPITO Data Advisor at North Elementary School. She and her dedication to civic involvement. The OF WEST VIRGINIA served as Teacher-in-Charge for twelve years. IN THE HOUSE OF REPRESENTATIVES annual award is given to only one outstanding I can say without fear of contradiction that she agent per year. Tuesday, April 29, 2014 is one of the most effective, empathetic and Mr. Speaker, I offer my hearty congratula- Mrs. CAPITO. Mr. Speaker, I rise today to innovative educators I have known. She be- tions to Jill Roth and her coworkers at Ahart, recognize Mary ‘‘Josie’’ Cuda for her three lieves that all children can succeed and will Frinzi & Smith for this achievement. I wish her decades of service in community and housing not stop until she finds what will make a stu- the best of luck in all of her future endeavors, development, from Bolivia to Elkins, West Vir- dent succeed. Her patience and compassion and I’m proud to serve as her representative. ginia. are inexhaustible. f Josie started her career serving others thirty Li Moon, a native of New York City, was a years ago as a community organizer in Bo- University Scholar at New York University. RECOGNIZING ROBERT SOSA livia, followed by jobs as a flood relief worker She received her BA in English in 1971, grad- and a position in human services. She spent uating cum laude and earning a membership HON. HENRY CUELLAR seventeen years with the Randolph County in the Phi Beta Kappa Society. While teaching OF TEXAS Housing Authority and her final fourteen years at Rivendell School, a small alternative school IN THE HOUSE OF REPRESENTATIVES as the agency’s Executive Director. During in San Francisco, she attended San Francisco State University, graduating in 1991 with her Tuesday, April 29, 2014 Josie’s time with the Randolph County Hous- ing Authority, she developed a reputation as Multiple Subject Teaching Credential, MA in Mr. CUELLAR. Mr. Speaker, I rise today to an innovative leader, using creativity and Special Education and Educational Therapist recognize the retiring, Director of Foundation, imagination to maximize her agency’s foot- Certificate. The following year she started her Corporate, and Government Relation at Uni- print, serving moderate to low income hard- teaching career at North School as a Re- versity of the Incarnate Word, Robert Sosa. working West Virginians. She used funds from source Specialist, simultaneously continuing He has been Director of Foundation, Cor- the West Virginia Housing Development Fund, her private practice as an Educational Thera- porate, and Government Relations at OIW the HOME Investment Partnerships Program, pist for several years. She has also taught since 1992 and is ending his tenure after and money from the Federal Home Loan Bank several courses and led numerous workshops twenty two years. His tireless efforts have im- to develop over one hundred homes and thirty in the Special Education Department at San proved the community and served to better apartment units during her tenure as Execu- Francisco State University and has been a the development and progress for UIW. tive Director of the Randolph County Housing Guest Lecturer at UC Berkeley Extension. Robert Sosa was born in San Antonio, Authority. In addition, independent non-profit Mrs. Moon has a long and impressive list of Texas. Sosa became the first person in his partners Woodlands Development Group and training and credentials, including a Behavior family to graduate from college, earning a the Home Ownership Center were both started Intervention Case Manager Certificate (BICM), Bachelor’s and Master’s degree in English during Josie’s tenure, in order to make safe, Autism Authorization Training and English from St. Mary’s University. Prior to becoming decent, affordable housing more accessible. Language Development (ELD) and Specially the Director of Foundation, Corporate, and Since leaving the Randolph County Housing Designed Academic Instruction in English Government Relations he taught high school Authority, Josie’s attention has remained fo- (SDAIE) Certification. Her professional devel- English for 7 years. Following his career as a cused on community and housing develop- opment includes training through Intel Math, teacher he worked at various marketing and ment. She has worked with CommunityWorks the Columbia Math Camp, summer institutes advertising agencies before launching his own and the West Virginia Community Develop- at the Harvard Graduate School of Education marketing and advertising company in the ment Hub to bring Achieving Excellence in (including Data Wise), IEP Skills Facilitation, 1970s. In 1992 Sosa sold his business and re- Community Development to West Virginia, a TEACCH, Schools Attuned Profile Advisor turned to education when the president of the program which helps provide training to non- training, Lindamood-Bell Phonological Se- University of the Incarnate Word asked him to profit organizations working to improve their quencing Training, Project Read Phonology launch the university’s grants operation. Dur- communities. So far, ten housing organiza- and Junior Great Books Discussion Leader ing his tenure at UIW Sosa has been respon- tions and sixteen community groups have uti- Training. She received her Board Certification sible for attracting and managing the philan- lized this program in West Virginia. in Educational Therapy in 2001, is a former thropic interests of corporations, foundations, On May 1, 2014, Mary ‘‘Josie’’ Cuda will be editor of The Educational Therapist and is cur- and the government. As Director, Sosa has inducted into the Affordable Housing Hall of rently the Chair of the San Francisco Associa- dedicated his life to helping the university and Fame by Habitat for Humanity of West Vir- tion of Educational Therapists Study Group. community develop projects that serve low in- ginia. Mrs. Cuda is truly deserving of such an As you can surmise from this list, Mrs. come residents and first-generation college honor, as countless West Virginians have her Moon is always working on improving and ex- students. Under his direction the Department to thank for a better quality of life, better hous- panding her skills so that she can use them to of Foundation, Corporate, and Government ing, and better communities. make her students thrive and succeed. Relations at UIW has raised $100 million dol- Josie is married to Frank Cuda, a family Her talents have not gone unnoticed in our lars for scholarships, research, academic pro- nurse practitioner. Together they have twin community. Mrs. Moon deservedly received grams, construction, and healthcare services. sons and three grandchildren, with a fourth on the school district’s TONY and Teacher Lead- Outside of his work as director Sosa has fo- the way! ership awards in 2001. cused much of his time to teaching and com- Mr. Speaker, Randolph County, as well as Mrs. Moon and her husband of 40 years, munity service. He taught English, Sociology, the State of West Virginia, owe Mary ‘‘Josie’’ Jason Stillwater, live in San Francisco. They

VerDate Mar 15 2010 04:52 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A29AP8.027 E29APPT1 smartinez on DSK6TPTVN1PROD with REMARKS April 29, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E625 have four children—Zachary Howard, Randall In this capacity, Mike managed the multi-dis- tion, he was respected and admired for his Conner, Moonwater and Tai Stillwater—and ciplinary program of biological research, direct- hard work and thoughtful decision-making. He six grandchildren. In her spare time, Mrs. ing 11 different science teams, each with dy- was a man of integrity who treated his associ- Moon enjoys reading, yoga, traveling and namic personalities and varied skill sets. As a ates with equal and sincere interest and re- playing the flute. leader of the science component of the Upper spected all points of view. He was first elected Mr. Speaker, I ask the House of Represent- Mississippi River Restoration’s Long Term Re- supervisor in 1996 and held office until 2001. atives to rise with me to honor Li Moon, who source Monitoring Program, Mike was able to Although he was often asked to seek re-elec- has dedicated her life and career to make secure and implement funding for facility im- tion or a higher office, he chose to remain ac- Hillsborough’s school the best they can be for provements and several new restoration tive in community and civic affairs, serving our children. Plato once said, ‘‘The direction in projects. Additionally, Mike was able to host with equal dedication. Joe Wenda will be re- which education starts a man will determine the first Center visits of U.S. Senators AMY membered throughout the community he loved his future life.’’ Mrs. Moon has put hundreds of KLOBUCHAR and TAMMY BALDWIN, and then- for his contribution and his service—and he men and women on the path to success. My Governor Jim Doyle. Mike’s accomplishments will be missed. daughter today is a vibrant and successful with the USGS will not soon be forgotten and f sophomore, thanks in part to Mrs. Moon, an his hard work and dedication will be missed. exceptional teacher and human being. As the Representative of western and cen- IN RECOGNITION OF DARYL IDLER, HENRY GAMBOA AND f tral Wisconsin, I care deeply about issues re- lated to the environment, natural resources, ROBERT RODRIGUEZ OF EL COMMEMORATING THE ARMENIAN and the Mississippi River. I would like to ex- CAJON, CALIFORNIA GENOCIDE press my sincere gratitude to Mike for his pas- sionate work addressing natural resource HON. DUNCAN HUNTER HON. JOHN P. SARBANES management and science information needs OF CALIFORNIA OF MARYLAND for the Great Lakes and Upper Mississippi IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES ecosystems. Tuesday, April 29, 2014 f Tuesday, April 29, 2014 Mr. HUNTER. Mr. Speaker, I rise today to Mr. SARBANES. Mr. Speaker, on April 24th IN HONOR OF KENNETH BATEMAN commemorate the unselfish contribution of we commemorate the Armenian Genocide— BEING NAMED OUTSTANDING Henry Gamboa, Robert Rodriguez and Daryl the deportation, forced march and massacre CITIZEN OF THE YEAR BY THE Idler and to recognize their tireless support of of 1.5 million innocent Armenians at the hands SOMERSET COUNTY, NEW JER- the patients of Balboa Naval Medical Center of the Ottoman Turks nearly a century ago. In SEY, BUSINESS PARTNERSHIP San Diego. what has become a bitter annual ritual for Ar- For eight consecutive years, the ownership menian-Americans and those who stand with HON. LEONARD LANCE of the Cottonwood Golf Club, 3121 Willow them, we once again call upon the Obama Ad- OF NEW JERSEY Glen Road, El Cajon, CA, has consistently and generously donated their two 18-hole golf ministration and the United States Congress to IN THE HOUSE OF REPRESENTATIVES formally and officially recognize the Armenian courses, golf carts, equipment, staff and their Genocide as a tragic and unambiguous fact of Tuesday, April 29, 2014 time for the success of the annual Duncan L. history. Such recognition is critical to fortifying Mr. LANCE. Mr. Speaker, I rise today to Hunter Wounded Marines Golf Classic. Their America’s moral standing in the international honor Mr. Kenneth Bateman, the President contribution represents as much as $15,000 community and, as we prepare in the coming and Chief Executive Officer of Somerset Med- annually in lost revenue, employee salaries year to mark the 100th anniversary of this ical Center, who has been named Outstanding and miscellaneous expenses for the day of the tragedy, is long and painfully overdue. Citizen of the Year by the Somerset County, tournament, as well as the weeks and months f New Jersey, Business Partnership. of preparation prior to the actual event. Ken is a mainstay of the Somerset commu- Because of their dedication to the patients CONGRATULATING MIKE JAWSON nity where his contributions to the county, its at Balboa, more than a quarter million dollars ON HIS RETIREMENT FROM USGS residents and the New Jersey life sciences have been raised during the eight-year history sector have improved the lives of many. Under of the tournament. This year’s classic is the HON. RON KIND his leadership, the Somerset Medical Center largest to date in terms of numbers partici- OF WISCONSIN has experienced tremendous growth, expand- pating and in dollars raised, expected to ex- IN THE HOUSE OF REPRESENTATIVES ing and encompassing new missions and en- ceed $75,000. Always family oriented, Cottonwood Golf Tuesday, April 29, 2014 deavors that have made the facility a premier regional medical center. Club has the same small-town values that Mr. KIND. Mr. Speaker, I rise today to con- Ken and the Somerset Medical Center have make the course such a great place to play. gratulate Mike Jawson on his retirement from invested in the community by building new Some of the biggest events in East San Diego the United States Geological Survey (USGS). state-of-the-art facilities which have made County that are inspired by their family values Mike has served as Center Director for the Somerset a healthier and better place to live include the previously mentioned Duncan L. USGS Upper Midwest Environmental Sciences and raise a family. Hunter Wounded Marines Tournament, the Center in La Crosse, WI for the past nine I congratulate Kenneth Bateman for his well- Mother Goose Parade Tournament, the Jack- years. During this time, Mike has repeatedly earned recognition. a-Lopes Classic and a wide variety of local shown his dedication to his field and his f and regional community and charitable events. strong leadership capabilities. What makes the Duncan L. Hunter Wound- Mike’s background is indicative of both his RECOGNIZING JOSEPH J. WENDA ed Marines Golf Classic truly unique is the fact strong ties to Wisconsin, and his commitment that every dollar raised goes directly for pa- to his field. Mike earned a Bachelor’s degree HON. MICHAEL G. FITZPATRICK tient’s care. Armed Services, YMCA, a 501c3 in Chemistry from the University of Wisconsin- OF PENNSYLVANIA not-for-profit organization, administer the Re- La Crosse, a Master’s degree from the Univer- IN THE HOUSE OF REPRESENTATIVES stricted fund, meaning every penny goes for sity of Wisconsin-Madison, and a Ph.D. from the patient’s creature comforts. Washington State University. In the past, Mike Tuesday, April 29, 2014 As the Congressman whose district includes has worked for the Dept. of Defense as a Mr. FITZPATRICK. Mr. Speaker, Joseph J. the Cottonwood Golf Club, I am proud to have Chemist, for the USDA–ARS as a Soil Sci- Wenda, a Middletown Township resident and the honor and privilege of representing these entist, for the University of Nebraska-Lincoln former township supervisor, passed away on businessmen and their great business. I ask as an associate professor, for the EPA-Kerr April 24, 2014 after a long illness. He was 55 my colleagues to join me in saluting Henry, Research Center as Branch Chief, and for the years old, a father and brother, who also will Robert, Daryl and everyone at Cottonwood George Washington Carver Center as a Na- be remembered fondly by his relatives and Golf Club for continuing to demonstrate to all tional Program Leader and working with the many friends. Joe was soft-spoken and hum- of us that caring for those who defend our National Climate Change Office. ble in his demeanor, but strongly dedicated to freedom is more than words, it’s a commit- In 2005, Mike returned to Wisconsin to be- public service and his community. An elected ment to following through on what needs to be come Center Director at USGS in La Crosse. township supervisor who served with distinc- done.

VerDate Mar 15 2010 04:52 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A29AP8.030 E29APPT1 smartinez on DSK6TPTVN1PROD with REMARKS E626 CONGRESSIONAL RECORD — Extensions of Remarks April 29, 2014 IN RECOGNITION OF MARY ELLEN RECOGNIZING THE 100TH ANNIVER- People need to know that they don’t need to BENNINGER SARY OF MASONIC LODGE #74 IN suffer in silence. There are many ways to treat BLACK RIVER FALLS, WI and manage IBS. The first step is to find out about IBS, and HON. JACKIE SPEIER HON. RON KIND have your questions answered. As an institution, let’s agree to lessen the OF CALIFORNIA OF WISCONSIN IN THE HOUSE OF REPRESENTATIVES stigma for IBS patients and urge those who IN THE HOUSE OF REPRESENTATIVES may be affected to find out more and seek Tuesday, April 29, 2014 treatment. Tuesday, April 29, 2014 Mr. KIND. Mr. Speaker, I rise today to cele- f brate the 100th anniversary of the Black River Ms. SPEIER. Mr. Speaker, I rise to honor Falls Masonic Lodge #74. The historic build- APPLAUDING THE AFFORDABLE Mary Ellen Benninger who has volunteered ing, located in downtown Black River Falls, CARE ACT’S HISTORIC FIRST her time and talents to our schools in WI, was built in 1914 to accommodate the OPEN ENROLLMENT Hillsborough, California for decades. She is growing membership of Lodge #74. being honored tonight as the Citizen of the One of the basic purposes of Freemasonry HON. LORETTA SANCHEZ Year by the Associated Parents Group. is to ‘‘make good men better,’’ and the men OF CALIFORNIA Mary Ellen’s dedication to our schools and and women of Lodge #74 take this purpose to IN THE HOUSE OF REPRESENTATIVES our community is an inspiration to parents, heart. The Free and Accepted Masons that Tuesday, April 29, 2014 teachers and students alike. Her leadership belong to Lodge #74 strive to live by the three Ms. LORETTA SANCHEZ of California. I and contributions have made Hillsborough’s core tenets of Freemasonry: brotherly love, re- rise today to applaud the Affordable Care schools the best they can be for our children. lief and truth, and improve character and moral and spiritual outlook. The Freemasons Act’s historic first open enrollment along with Mary Ellen started to volunteer when her work tirelessly to promote the principles of the 8 million people who now have the health children attended South School and then personal responsibility and morality, and en- security they deserve. Crocker Middle School. For the last eight courage their colleagues to incorporate And I am proud of the immense contribution years she served on the Hillsborough City Freemasonry’s lessons into their everyday California has been to these surging numbers. School District Board of Trustees where her lives. More than 3 million California consumers en- board colleagues lovingly call her MEB. She The Freemasons of Wisconsin are active in rolled in health insurance plans or in Medi-Cal. was board president from 2008–2010 and has charity work throughout the state. The Char- Moreover, after connecting my district to served on the Citizen Oversight Committee, ities of the Grand Lodge include the Wisconsin over 20 events and enrolling over 2,300 resi- Bond Finance Committee and as Trustee Liai- Masonic Home, Inc., Three Pillars, The Wis- dents through my ‘‘Enroll OC’’ initiative, Or- son to Hillsborough’s School Foundation dur- consin Masonic Foundation, and the Medical ange County alone represented 10 percent of ing her tenure. Fund. These charities serve thousands of indi- all California enrollments. These final enrollment numbers are prom- Wherever Mary Ellen gets involved, her viduals each year through programs that sup- ising and although we have surpassed our leadership helps set the direction of the orga- port masonic relief, education, community health, safety, and youth engagement. The goals, enrollment is only the first step. nization or initiative she takes on. While on the We must now shift our focus to educating Black River Falls Masonic Lodge #74 gives HCSD board, Mary Ellen simultaneously these new consumers about the services back to the local Black River Falls community served as a Hillsborough Recreation Commis- available to them through their health insur- in a number of ways. For example, the Lodge sioner from 2005–2007 and on the ance providers. holds a pancake breakfast every spring on Hillsborough Schools Foundation from 1999– Therefore, as an effort to educate new con- Palm Sunday where all of the proceeds are 2013. She also volunteered for the South sumers in my district, I will be initiating a new used for scholarship and local charity efforts. School Parent Group Board, the Hillsborough campaign and hosting ‘‘Know Your Benefits’’ It is with great pride that I rise today to con- Little League and Concours d’Elegance and events throughout Orange County. gratulate the Black River Falls Masonic Lodge was deeply engaged in passing Measure B. At And I urge my colleagues to go beyond the #74 on its 100th anniversary and re-dedica- St. Bartholomew’s Catholic Church, she was a kind of work necessary to reach those who the tion. The commitment of its members to Catechism teacher for ten years. law was meant to help. bettering themselves and their community is I feel fortunate to count Mary Ellen as a truly deserving of recognition. The Black River f friend and am a long-time admirer of her last- Falls community and the state of Wisconsin CONTINUED NEGOTIATIONS FOR A ing contributions to our community. She is al- are fortunate have the Freemasons making a UNIFIED CYPRUS BETWEEN truistic, passionate, intelligent and has an ex- difference in the lives of individuals. GREEK AND TURKISH CYPRIOTS traordinary memory. Her superb service has f not gone unnoticed. She received the Eric Award and the South Hillsborough School’s APRIL IS IBS AWARENESS MONTH HON. ALCEE L. HASTINGS Outstanding Service to Youth Award. OF FLORIDA IN THE HOUSE OF REPRESENTATIVES Mary Ellen was born in Seattle, Washington. HON. JAMES P. MORAN She graduated from Mayo High School in OF VIRGINIA Tuesday, April 29, 2014 Rochester, Minnesota in 1975 and earned her IN THE HOUSE OF REPRESENTATIVES Mr. HASTINGS of Florida. Mr. Speaker, I BA in Economics from Stanford University in Tuesday, April 29, 2014 rise today in recognition of the continued ne- 1979. She had a successful career in retail Mr. MORAN. Mr. Speaker, I rise today to gotiations between Greek and Turkish Cyp- management for 16 years. recognize April as IBS Awareness Month. riots as critically important towards peacefully resolving the dispute surrounding a unified Cy- In 1986, she married her freshman dorm IBS, or Irritable Bowel Syndrome, is a gas- prus. I am pleased to learn that progress has sweetheart, Tom Benninger. Six years later trointestinal disorder that alters how the diges- been made following the issuance of a joint they moved to Hillsborough and raised their tive tract functions. statement that resumed negotiations between two children Will and Claire. When Mary Ellen It can cause extreme pain, alter lifestyles, Greek Cypriot negotiator Andreas is not giving her time, she enjoys tennis, skiing and cost an individual thousands of dollars on Mavroyiannis and Turkish Cypriot negotiator and hiking. healthcare expenditures. There is no single cause of IBS, and no sin- Kudret Ozersay in February of this year. Mr. Speaker, I ask the House of Represent- gle cure. The United States remains committed to atives to rise with me to honor Mary Ellen Studies estimate IBS affects up to 20 per- supporting peace and cooperative relations in Benninger whose big heart runs over with love cent of the adult population. However, only 5 the Eastern Mediterranean. Cyprus was, by for all children in our tony town of to 7 percent of the adult population has been legend, the birthplace of the ancient Greek Hillsborough. Winston Churchill once said, diagnosed with the condition. goddess of love, Aphrodite. However, its mod- ‘‘We make a living by what we get, but we This is partly because individuals with IBS ern history has, in contrast, been largely domi- make a life by what we give.’’ Mary Ellen has are less likely to seek treatment. nated by enmity between its Greek and Turk- made an exceptional life for herself benefitting Many are afraid of the stigma that is associ- ish inhabitants. However, I commend Presi- our entire community. ated with the disorder. dent Nicos Anastasiades of the Republic of

VerDate Mar 15 2010 04:52 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A29AP8.036 E29APPT1 smartinez on DSK6TPTVN1PROD with REMARKS April 29, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E627 Cyprus and President Dervis Eroglu of the over cast-in-place (CIP) concrete at the front Mayors would come and go, but Wanda Turkish Republic of Northern Cyprus for their and a two-story conventional wood-framed was the consistent presence and institutional leadership and coming together for the future and plaster building in the rear. The structures memory that guided residents through the of all Cypriots. were independent of each other and both re- complications of local government for nearly It is my sincere hope that we may soon see quired seismic upgrades. The necessary im- four decades. Her knowledge of Madison city an end to the Cyprus question once and for provements consisted of a shotcrete mem- government was unparalleled. Better than any all, and welcome a unified Cyprus into the brane for the inside of the exterior walls at the directory, organizational chart, or 211 referral international community of nations. To this stone section and full-height steel brace- system, Wanda could find the one person in end, I encourage President Barack Obama, frames in the wood-framed building. city government who could solve even the Turkish Prime Minister Recep Tayyip Erdogan, Standard improvements to the building in- most esoteric of problems. And chances are, and their respective governments to continue clude all new HVAC, plumbing, electrical, light- she not only knew their phone number by their efforts to help facilitate a peaceful resolu- ing, Fire Alarm and communications. Newer heart, but also the names and ages of their tion. As called for by the United Nations in styles have been blended with the traditional children. various statements and declarations, I believe as significant efforts were made to honor the As anyone who answers phones for a living that the reunification of Cyprus based on a bi- features of the original structure. The original knows, her job was not always pleasant or communal, bi-zonal federation with political stone veneer has been refurbished and up- easy. She incurred the wrath of many constitu- equality represents the most sustainable path graded original-style wood windows have been ents upset about everything from parks to pot- to peacefully uniting the Greek and Turkish installed in line with the original theme. Also holes and taxes to traffic. She handled them Cypriot communities. keeping with the original motif is the reuse of all with patience and grace. A unified Cyprus would positively impact the existing wood flooring. Newer amenities such Wanda Fullmore: greeter, listener, case- entire region through improved multilateral re- as modern steel and tile stairs with stainless worker, gatekeeper, public servant, sounding lations, greater economic opportunities, and and glass handrails, glass conference rooms board, advocate, friend. She will be missed by increased security. In particular, the reunifica- and curvi-linear (arched panel) ceilings have all who had the pleasure of working with her tion of Cyprus would be a significant step to- been added to complete the transition to new and the thousands of people whose lives she wards strengthening the North Atlantic Treaty as well as honoring the old traditions. touched. Organization (NATO) at a time of renewed The majority of the funding for this project I ask the U.S. House of Representatives to tensions with Russia. Furthermore, it may sig- was provided from former redevelopment join me in wishing her an enjoyable and well- nal the beginning of closer cooperation be- funds, primarily from the City of El Cajon. The deserved retirement. tween Greece and Turkey, as well as revi- remaining balance of the project funding was talize discussions for Turkish accession to the allocated from the District’s capital facilities f European Union. fund and Propositions H and U, which were Mr. Speaker, the resumption of negotiations specifically utilized to bring the structure into RECOGNIZING AMMA SRI for a unified Cyprus is a most welcome devel- compliance with ADA standards, including an KARUNAMAYI opment. I remain a friend and ally to the peo- elevator and wheelchair accessibility. ple of Cyprus, and support their aspirations for Besides refurbishing this proud local land- peace and unity. mark, I am particularly proud to see redevel- HON. BILL FOSTER f opment funds stay within the City of El Cajon OF ILLINOIS thereby benefiting students in the District and IN THE HOUSE OF REPRESENTATIVES IN RECOGNITION OF THE GRAND those who support student achievement. I Tuesday, April 29, 2014 REOPENING OF THE ORIGINAL have always appreciated the hard work and GROSSMONT HIGH SCHOOL dedication the Grossmont Union High School Mr. FOSTER. Mr. Speaker, I rise today to BUILDING District has shown to furthering the edu- recognize Amma Sri Karunamayi, a prominent cational goals of our students and I congratu- Hindu spiritual leader who has devoted her life HON. DUNCAN HUNTER late them on this achievement and continued to promoting public service and peace. OF CALIFORNIA investment into our community. Amma is best known for her acts of charity, IN THE HOUSE OF REPRESENTATIVES f which include providing spiritual guidance to Tuesday, April 29, 2014 those in need, establishing a free school for HONORING WANDA FULLMORE Mr. HUNTER. Mr. Speaker, I rise today to more than 700 students and constructing a recognize the rich history and proud legacy of HON. MARK POCAN hospital that provides free care to patients in the Grossmont Union High School District in need. After spreading her teachings in India OF WISCONSIN my congressional district of East San Diego for many years, Amma sought to take her mis- IN THE HOUSE OF REPRESENTATIVES County. On May 1, 2014, the District will host sion overseas. a grand reopening of their District Office build- Tuesday, April 29, 2014 In 1995, Amma took her first tour of the ing to rededicate a historical landmark in the Mr. POCAN. Mr. Speaker, I rise today in United States and returned every year there- City of El Cajon, the original Grossmont High honor of Wanda Fullmore, who, after 39 years after. This year, she will be back for her 20th School Building. of dedicated service to the people of Madison, anniversary tour. To commemorate this occa- Originally constructed in 1922, the Wisconsin, is retiring from the Mayor’s Office. sion, Amma will be hosting an interfaith World Grossmont High School Building for decades Her welcoming voice, warm smile and en- Peace prayer ceremony in Atlanta, Georgia was home to the teachers and students that gaging personality greeted the visitors of five from May 1st until May 11th. made up the oldest high school in East San Madison mayors since 1975. Regardless of Mr. Speaker, I ask my colleagues to join me Diego County. As the campus expanded, new who sat in the mayor’s chair, her unofficial title in recognizing Amma Sri Karunamayi’s buildings were added and this facility eventu- was ‘‘The Real Mayor.’’ You knew you had be- achievements, and to congratulate her on 20 ally became the District Office. The project come a local community leader when Wanda years of spreading spirituality and peace was actually two buildings, a stone veneer knew you well enough to call you ‘‘Honey!’’ throughout the United States.

VerDate Mar 15 2010 04:52 Apr 30, 2014 Jkt 039060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A29AP8.040 E29APPT1 smartinez on DSK6TPTVN1PROD with REMARKS Tuesday, April 29, 2014 Daily Digest Senate During consideration of this nomination today, Chamber Action Senate also took the following action: Routine Proceedings, pages S2427–S2526 By 58 yeas to 39 nays (Vote No. 111), Senate Measures Introduced: Six bills and five resolutions agreed to the motion to close further debate on the were introduced, as follows: S. 2265–2270, and S. nomination. Pages S2431–33 Res. 425–429. Pages S2469–70 Bastian Nomination: Senate resumed consideration Measures Passed: of the nomination of Stanley Allen Bastian, of Wash- Civic Education Programs in Schools: Senate ington, to be United States District Judge for the agreed to S. Res. 427, expressing the sense of the Eastern District of Washington. Page S2433 Senate about the importance of effective civic edu- During consideration of this nomination today, cation programs in schools in the United States. Senate also took the following action: Page S2524 By 55 yeas to 41 nays (Vote No. 112), Senate agreed to the motion to close further debate on the National Minority Health Month: Senate agreed nomination. Page S2433 to S. Res. 428, promoting minority health awareness and supporting the goals and ideals of National Mi- Shah Nomination: Senate resumed consideration of nority Health Month in April 2014, which include the nomination of Manish S. Shah, of Illinois, to be bringing attention to the health disparities faced by United States District Judge for the Northern Dis- minority populations of the United States, such as trict of Illinois. Page S2433 American Indians, Alaska Natives, Asian Americans, During consideration of this nomination today, African Americans, Hispanic Americans, and Native Senate also took the following action: Hawaiians or other Pacific Islanders. Page S2524 By 57 yeas to 40 nays (Vote No. 113), Senate Dia de los Ninos: Celebrating Young Ameri- agreed to the motion to close further debate on the cans: Senate agreed to S. Res. 429, designating April nomination. Pages S2433–34 30, 2014, as ‘‘Dia de los Ninos: Celebrating Young Crabtree Nomination: Senate resumed consider- Americans’’. Page S2524 ation of the nomination of Daniel D. Crabtree, of Measures Considered: Kansas, to be United States District Judge for the District of Kansas. Page S2434 Minimum Wage Fairness Act—Agreement: Sen- During consideration of this nomination today, ate continued consideration of the motion to proceed Senate also took the following action: to consideration of S. 2223, to provide for an in- crease in the Federal minimum wage and to amend By 57 yeas to 39 nays (Vote No. 114), Senate the Internal Revenue Code of 1986 to extend in- agreed to the motion to close further debate on the creased expensing limitations and the treatment of nomination. Page S2434 certain real property as section 179 property. Bashant Nomination: Senate resumed consideration Pages S2427–28, S2435–62 of the nomination of Cynthia Ann Bashant, of Cali- A unanimous-consent agreement was reached pro- fornia, to be United States District Judge for the viding that at 12 noon, on Wednesday, April 30, Southern District of California. Page S2434 2014, Senate vote on the motion to invoke cloture During consideration of this nomination today, on the motion to proceed to consideration of the Senate also took the following action: bill. Page S2524 By 56 yeas to 41 nays (Vote No. 115), Senate Lipman Nomination: Senate resumed consideration agreed to the motion to close further debate on the of the nomination of Sheryl H. Lipman, of Ten- nomination. Pages S2434–35 nessee, to be United States District Judge for the Levy Nomination: Senate resumed consideration of Western District of Tennessee. Pages S2431–33 the nomination of Jon David Levy, of Maine, to be D429

VerDate Sep 11 2014 10:12 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\RECORD14\APR 2014\D29AP4.REC D29AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE D430 CONGRESSIONAL RECORD — DAILY DIGEST April 29, 2014 United States District Judge for the District of to be United States District Judge for the District Maine. Page S2435 of Maryland. Page S2463 During consideration of this nomination today, Messages from the House: Page S2467 Senate also took the following action: By 63 yeas to 34 nays (Vote No. 116), Senate Measures Referred: Page S2467 agreed to the motion to close further debate on the Measures Placed on the Calendar: Page S2467 nomination. Page S2435 Executive Communications: Pages S2467–69 Lipman, Bastian, Shah, Crabtree, Bashant, Levy Executive Reports of Committees: Page S2469 Nominations—Agreement: A unanimous-consent agreement was reached providing that at 4:00 p.m., Additional Cosponsors: Pages S2470–71 on Wednesday, April 30, 2014, Senate continue con- Statements on Introduced Bills/Resolutions: sideration of the nominations of Sheryl H. Lipman, Pages S2471–75 of Tennessee, to be United States District Judge for Additional Statements: Pages S2465–67 the Western District of Tennessee, Stanley Allen Bastian, of Washington, to be United States District Amendments Submitted: Pages S2475–S2524 Judge for the Eastern District of Washington, Authorities for Committees to Meet: Page S2524 Manish S. Shah, of Illinois, to be United States Dis- Record Votes: Six record votes were taken today. trict Judge for the Northern District of Illinois, (Total—116) Pages S2433–35 Daniel D. Crabtree, of Kansas, to be United States District Judge for the District of Kansas, Cynthia Adjournment: Senate convened at 10 a.m. and ad- Ann Bashant, of California, to be United States Dis- journed at 7:15 p.m., until 9:30 a.m. on Wednes- trict Judge for the Southern District of California, day, April 30, 2014. (For Senate’s program, see the and Jon David Levy, of Maine, to be United States remarks of the Majority Leader in today’s Record on District Judge for the District of Maine, as provided page S2524.) for under the order of Monday, April 28, 2014. Page S2524 Committee Meetings Chuang Nomination—Cloture: Senate began con- sideration of the nomination of Theodore David (Committees not listed did not meet) Chuang, of Maryland, to be United States District INNOVATION THROUGH FEDERAL Judge for the District of Maryland. Page S2462 INVESTMENTS A motion was entered to close further debate on the nomination, and, in accordance with the provi- Committee on Appropriations: Committee concluded a sions of rule XXII of the Standing Rules of the Sen- hearing to examine driving innovation through Fed- ate, a vote on cloture will occur on Thursday, May eral investments, after receiving testimony from John 1, 2014. Page S2462 P. Holdren, Director, Office of Science and Tech- nology Policy, Executive Office of the President; Er- Hazel Nomination—Cloture: Senate began consid- nest Moniz, Secretary of Energy; Francis S. Collins, eration of the nomination of George Jarrod Hazel, of Director, National Institutes of Health, Department Maryland, to be United States District Judge for the of Health and Human Services; France Cordova, Di- District of Maryland. Pages S2462–63 rector, National Science Foundation; and Arati A motion was entered to close further debate on Prabhakar, Director, Defense Advanced Research the nomination, and, in accordance with the provi- Projects Agency, Department of Defense. sions of rule XXII of the Standing Rules of the Sen- ate, a vote on cloture will occur upon disposition of DEFENSE AUTHORIZATION REQUEST AND the nomination of Theodore David Chuang, of Mary- FUTURE YEARS DEFENSE PROGRAM land, to be United States District Judge for the Dis- Committee on Armed Services: Committee concluded a trict of Maryland. Page S2462 hearing to examine the National Commission on the Moritz Nomination—Cloture: Senate began con- Structure of the Air Force in review of the Defense sideration of the nomination of Nancy L. Moritz, of Authorization Request for fiscal year 2015 and the Kansas, to be United States Circuit Judge for the Future Years Defense Program, after receiving testi- Tenth Circuit. Page S2463 mony from Deborah Lee James, Secretary, and Gen- A motion was entered to close further debate on eral Mark A. Welsh III, USAF, Chief of Staff, both the nomination, and, in accordance with the provi- of the Air Force, and Lieutenant General Dennis M. sions of rule XXII of the Standing Rules of the Sen- McCarthy, USMCR (Ret.), Chair, and R. L. ate, a vote on cloture will occur upon disposition of Brownlee, Janine A. Davidson, Margaret C. Harrell, the nomination of George Jarrod Hazel, of Maryland, General Raymond E. Johns, Jr., USAF (Ret.), and

VerDate Sep 11 2014 10:12 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\RECORD14\APR 2014\D29AP4.REC D29AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 29, 2014 CONGRESSIONAL RECORD — DAILY DIGEST D431 Lieutenant General Harry M. Wyatt III, ANG tleblower protections are adequate to ensure safe (Ret.), each a Member, National Commission on the workplaces, after receiving testimony from David Structure of the Air Force, all of the Department of Michaels, Assistant Secretary of Labor for Occupa- Defense. tional Safety and Health Administration; Emily A. BUSINESS MEETING Spieler, Northeastern University School of Law, and Gregory Keating, Littler Mendelson, P.C., both of Committee on Banking, Housing, and Urban Affairs: Boston, Massachusetts; and Thomas Devine, Govern- Committee ordered favorably reported the nomina- ment Accountability Project, Washington, D.C.; and tions of Stanley Fischer, of New York, to be Vice Ross Baize, United Auto Workers, East Peoria, Illi- Chairman, Jerome H. Powell, of Maryland, and Lael nois. Brainard, of the District of Columbia, all to be a Member of the Board of Governors of the Federal LAW ENFORCEMENT RESPONSES TO Reserve System, Gustavo Velasquez Aguilar, of the DISABLED AMERICANS District of Columbia, to be Assistant Secretary, and Committee on the Judiciary: Subcommittee on the Con- Nani A. Coloretti, of California, to be Deputy Sec- stitution, Civil Rights and Human Rights concluded retary, both of the Department of Housing and a hearing to examine law enforcement responses to Urban Development, and J. Mark McWatters, of disabled Americans, focusing on promising ap- Texas, to be a Member of the National Credit Union proaches for protecting public safety, after receiving Administration Board. testimony from Denise E. O’Donnell, Director, Bu- Also, committee began consideration of S. 1217, reau of Justice Assistance, Office of Justice Pro- to provide secondary mortgage market reform, but grams, Department of Justice; Jay M. Quam, Hen- did not complete action thereon, and recessed subject nepin County District Court Judge, Minneapolis, to the call. Minnesota; Alfonza Wysinger, Chicago Police De- NOMINATION partment First Deputy Superintendent, Chicago, Illi- Committee on Homeland Security and Governmental Af- nois; Aubrey Dale Paul Jr., Plano Police Depart- fairs: Committee concluded a hearing to examine the ment, Frisco, Texas; Pete Earley, Fairfax, Virginia; nomination of Julia Akins Clark, of Maryland, to be and Patti Saylor, Frederick, Maryland. General Counsel of the Federal Labor Relations Au- INTELLIGENCE thority, after the nominee testified and answered questions in her own behalf. Select Committee on Intelligence: Committee concluded a joint closed hearing with the Committee on Armed WORKERS’ MEMORIAL DAY Services Subcommittee on Emerging Threats and Ca- Committee on Health, Education, Labor, and Pensions: pabilities, to examine certain intelligence matters, Subcommittee on Employment and Workplace Safe- receiving testimony from officials of the intelligence ty concluded a hearing to examine workers’ Memo- community. rial Day, focusing on if existing private sector whis- Committee recessed subject to the call. h House of Representatives more timely and relevant to State and local needs in Chamber Action order to increase student achievement, with an Public Bills and Resolutions Introduced: 14 pub- amendment (H. Rept. 113–424); lic bills, H.R. 4507–4520; and 3 resolutions, H. Report on the Interim Suballocation of Budget Res. 556, 558–559, were introduced. Pages H3291–92 Allocations for Fiscal Year 2015 (H. Rept. Additional Cosponsors: Pages H3292–94 113–425); and H. Res. 557, providing for consideration of the Reports Filed: Reports were filed today as follows: bill (H.R. 4486) making appropriations for military H.R. 10, to amend the charter school program construction, the Department of Veterans Affairs, under the Elementary and Secondary Education Act and related agencies for the fiscal year ending Sep- of 1965, with an amendment (H. Rept. 113–423); tember 30, 2015, and for other purposes; and pro- H.R. 4366, to strengthen the Federal education viding for consideration of the bill (H.R. 4487) research system to make research and evaluations making appropriations for the Legislative Branch for

VerDate Sep 11 2014 10:12 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\RECORD14\APR 2014\D29AP4.REC D29AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE D432 CONGRESSIONAL RECORD — DAILY DIGEST April 29, 2014 the fiscal year ending September 30, 2015, and for other purposes (H. Rept. 113–426). Page H3291 Committee Meetings Speaker: Read a letter from the Speaker wherein he CURRENT RESEARCH AND APPLICATION appointed Representative Duncan (TN) to act as OF MANAGEMENT STRATEGIES TO Speaker pro tempore for today. Page H3245 CONTROL PESTS AND DISEASES OF POLLINATORS Recess: The House recessed at 10:43 a.m. and re- convened at 12 noon. Page H3250 Committee on Agriculture: Subcommittee on Horti- culture, Research, Biotechnology, Foreign Agri- Chaplain: The prayer was offered by the guest chap- culture held a hearing to review current research and lain, Reverend Bennie Tate, Rock Springs Church, application of management strategies to control pests Milner, Georgia. Page H3250 and diseases of pollinators. Testimony was heard Suspensions: The House agreed to suspend the rules from Jeff Pettis, Research Leader, Department of Ag- and pass the following measures: riculture—Agricultural Research Service; and public Gold Medal Technical Corrections Act of 2014: witnesses. H.R. 4488, to make technical corrections to two APPROPRIATIONS—DEPARTMENT OF bills enabling the presentation of congressional gold TREASURY FY 2015 BUDGET medals; Pages H3253–54 Committee on Appropriations: Subcommittee on Finan- National Park Service 100th Anniversary Com- cial Services and General Government held a hearing memorative Coin Act: H.R. 627, amended, to pro- on Department of Treasury FY 2015 Budget. Testi- vide for the issuance of coins to commemorate the mony was heard from Jack Lew, Secretary, Depart- 100th anniversary of the establishment of the Na- ment of Treasury. tional Park Service, by a 2/3 yea-and-nay vote of 403 yeas to 13 nays, Roll No. 183; and APPROPRIATIONS—CYBERSECURITY FY Pages H3254–57, H3275 2015 BUDGET Restoring Proven Financing for American Em- Committee on Appropriations: Subcommittee on Home- ployers Act: H.R. 4167, amended, to amend section land Security held a hearing on Cybersecurity FY 13 of the Bank Holding Company Act of 1956, 2015 Budget. This was a closed hearing. known as the Volcker Rule, to exclude certain debt APPROPRIATIONS—UNITED STATES securities of collateralized loan obligations from the ASSISTANCE IN AFRICA FY 2015 BUDGET prohibition against acquiring or retaining an owner- Committee on Appropriations: ship interest in a hedge fund or private equity fund. Subcommittee on State, Foreign Operations, and Related Programs held a Pages H3257–61 hearing on United States Assistance in Africa FY Expatriate Health Coverage Clarification Act of 2015 Budget. Testimony was heard from Linda 2014: The House passed H.R. 4414, to clarify the Thomas-Greenfield, Assistant Secretary, Bureau of treatment under the Patient Protection and Afford- African Affairs, Department of State; Earl Gast, As- able Care Act of health plans in which expatriates sistant Administrator, Bureau for Africa, U.S. Agen- are the primary enrollees, by a yea-and-nay vote of cy for International Development; and a public wit- 268 yeas to 150 nays, Roll No. 182. Pages H3266–75 ness. Pursuant to the rule, the amendment printed in H. Rept. 113–422 shall be considered as adopted. REVIEWING THE PRESIDENT’S FISCAL Pages H3266 YEAR 2015 BUDGET PROPOSAL FOR THE H. Res. 555, the rule providing for consideration DEPARTMENT OF EDUCATION of the bill, was agreed to by a recorded vote of 238 Committee on Education and the Workforce: Full Com- ayes to 181 noes, Roll No. 181, after the previous mittee held a hearing entitled ‘‘Reviewing the Presi- question was ordered by a yea-and-nay vote of 226 dent’s Fiscal Year 2015 Budget Proposal for the De- yeas to 189 nays, Roll No. 180. Pages H3261–66 partment of Education’’. Testimony was heard from Arne Duncan, Secretary, Department of Education. Quorum Calls—Votes: Three yea-and-nay votes and one recorded vote developed during the pro- CHEMICALS IN COMMERCE ACT ceedings of today and appear on pages H3264–65, Committee on Energy and Commerce: Subcommittee on H3265, H3274, and H3275. There were no quorum Environment and the Economy held a hearing enti- calls. tled ‘‘The Chemicals in Commerce Act’’. Testimony Adjournment: The House met at 10 a.m. and ad- was heard from Jim Jones, Assistant Administrator, journed at 6:08 p.m. Office of Chemical Safety and Pollution Prevention,

VerDate Sep 11 2014 10:12 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\RECORD14\APR 2014\D29AP4.REC D29AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 29, 2014 CONGRESSIONAL RECORD — DAILY DIGEST D433 Environmental Protection Agency; and public wit- uty Assistant Administrator, Bureau for the Middle nesses. East, U.S. Agency for International Development. EXAMINING THE GROWING PROBLEMS OF PRESCRIPTION DRUG AND HEROIN ABUSE U.S.-RUSSIA NUCLEAR ARMS NEGOTIATIONS: UKRAINE AND BEYOND Committee on Energy and Commerce: Subcommittee on Oversight and Investigations held a hearing entitled Committee on Foreign Affairs: Subcommittee on Ter- ‘‘Examining the Growing Problems of Prescription rorism, Nonproliferation, and Trade; and Sub- Drug and Heroin Abuse’’. Testimony was heard from committee on Europe, Eurasia, and Emerging Joseph T. Rannazzisi, Deputy Assistant Adminis- Threats, held a joint subcommittee hearing entitled trator, Office of Diversion Control, Drug Enforce- ‘‘U.S.-Russia Nuclear Arms Negotiations: Ukraine ment Agency, Department of Justice; Michael Botti- and Beyond’’. Testimony was heard from Anita E. celli, Acting Director, Office of National Drug Con- Friedt, Principal Deputy Assistant Secretary for Nu- trol Policy, Executive Office of the President; Daniel clear and Strategic Policy, Bureau of Arms Control, M. Sosin, Acting Director, National Center for In- Verification, and Compliance, Department of State; jury Prevention and Control, Centers for Disease and Brent Hartley, Deputy Assistant Secretary, Bu- Control and Prevention; Nora D. Volkow, M.D., Di- reau of European and Eurasian Affairs, Department rector, National Institute on Drug Abuse, National of State. Institutes of Health; and H. Westley Clark, M.D., Director, Center for Substance Abuse Treatment, EFFECTIVE ACCOUNTABILITY: TIER Substance Abuse and Mental Health Services Admin- RANKINGS IN THE FIGHT AGAINST istration. HUMAN TRAFFICKING MISCELLANEOUS MEASURES Committee on Foreign Affairs: Subcommittee on Africa, Global Health, Global Human Rights, and Inter- Committee on Energy and Commerce: Full Committee national Organizations held a hearing entitled ‘‘Ef- began a markup on H.R. 2689, the ‘‘Energy Savings fective Accountability: Tier Rankings in the Fight Through Public-Private Partnerships Act’’; H.R. Against Human Trafficking’’. Testimony was heard 4092, the ‘‘Streamlining Energy Efficiency for from public witnesses. Schools Act of 2014’’; and H.R. 6, the ‘‘Domestic Property and Global Freedom Act’’. STAKEHOLDER ASSESSMENTS OF THE SECURITIES AND EXCHANGE ADMINISTRATION’S NATIONAL COMMISSION—AGENDA, OPERATIONS, PREPAREDNESS GRANT PROGRAM AND FY 2015 BUDGET REQUEST PROPOSAL Committee on Financial Services: Full Committee held Committee on Homeland Security: Subcommittee on a hearing entitled ‘‘Oversight of the SEC’s Agenda, Emergency Preparedness, Response, and Communica- Operations, and FY 2015 Budget Request’’. Testi- tions held a hearing entitled ‘‘Stakeholder Assess- mony was heard from Mary Jo White, Chairman, Se- ments of the Administration’s National Preparedness curities and Exchange Commission. Grant Program Proposal’’. Testimony was heard from Steven M. Fulop, Mayor, Jersey City, New Jersey; MISCELLANEOUS MEASURE Troy Riggs, Director, Department of Public Safety, Committee on Financial Services: Subcommittee on City of Indianapolis; and public witnesses. Oversight and Investigations held a meeting to con- sider a resolution authorizing the issuance of sub- ORIGINAL MEANING OF THE poenas. The subpoena resolution agreed to, as ORIGINATION CLAUSE amended. Committee on the Judiciary: Subcommittee on Constitu- ADMINISTRATION’S FY 2015 MENA tion and Civil Justice held a hearing entitled ‘‘The BUDGET REQUEST: PRIORITIES, Original Meaning of the Origination Clause’’. Testi- OBJECTIVES AND CHALLENGES mony was heard from public witnesses. Committee on Foreign Affairs: Subcommittee on the Middle East and North Africa held a hearing enti- LEGISLATIVE MEASURE tled ‘‘The Administration’s FY 2015 MENA Budget Committee on the Judiciary: Subcommittee on Regu- Request: Priorities, Objectives and Challenges’’. Tes- latory Reform, Commercial and Antitrust Law held timony was heard from Anne W. Patterson, Assist- a hearing on H.R. 1129, the ‘‘Mobile Workforce ant Secretary, Bureau of Near Eastern Affairs, De- State Income Tax Simplification Act of 2013’’. Testi- partment of State; and Alina L. Romanowski, Dep- mony was heard from public witnesses.

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AMERICAN ENERGY JOBS: OPPORTUNITIES MILITARY CONSTRUCTION AND FOR SKILLED TRADES WORKERS VETERANS AFFAIRS AND RELATED Committee on Natural Resources: Full Committee held AGENCIES APPROPRIATIONS ACT, 2015; a hearing entitled ‘‘American Energy Jobs: Opportu- AND LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2015 nities for Skilled Trades Workers’’. Testimony was heard from public witnesses. Committee on Rules: Full Committee held a hearing on H.R. 4486, the ‘‘Military Construction and Veterans DEPARTMENT OF THE INTERIOR OFFICE Affairs and Related Agencies Appropriations Act, OF INSULAR AFFAIRS’ SPENDING AND 2015’’; and H.R. 4487, the ‘‘Legislative Branch Ap- THE PRESIDENT’S FISCAL YEAR 2015 propriations Act, 2015’’. The Committee granted, by BUDGET REQUEST FOR THE OFFICE; AND voice vote, an open rule for H.R. 4486. The rule provides one hour of general debate equally divided LEGISLATIVE MEASURES and controlled by the chair and ranking minority Committee on Natural Resources: Subcommittee on member of the Committee on Appropriations. The Fisheries, Wildlife, Oceans and Insular Affairs held rule waives all points of order against consideration a hearing entitled ‘‘The Department of the Interior of the bill. The rule waives points of order against Office of Insular Affairs’ spending and the Presi- provisions in the bill for failure to comply with dent’s Fiscal Year 2015 budget request for the Of- clause 2 of rule XXI. The rule provides that the bill fice’’; and H.R. 4296, to amend Public Law 94–241 shall be considered for amendment under the five- with respect to the Northern Mariana Islands; and minute rule. The rule authorizes the Chair to accord H.R. 4402, the ‘‘Guam Military Training and Read- priority in recognition to Members who have pre- iness Act of 2014’’. Testimony was heard from printed their amendments in the Congressional Thomas Bussanich, Director of Budget, Office of In- Record. The rule provides one motion to recommit sular Affairs, Department of Interior; Megan J. with or without instructions. In section 2, the rule Uzzell, Deputy Assistant Secretary, Office of the As- provides a structured rule for H.R. 4487. The rule sistant Secretary for Policy, Department of Labor; provides one hour of general debate equally divided David G. Gulick, District Director—District 26, and controlled by the chair and ranking minority Hawaii, Guam, and the Northern Mariana Islands, member of the Committee on Appropriations. The Citizenship and Immigration Services, Department rule waives all points of order against consideration of Homeland Security; James Kurth, Chief, National of the bill and provides that the bill shall be consid- Wildlife Refuge System, Fish and Wildlife Service, ered as read. The rule waives all points of order Department of Interior; Joseph Ludovici, Director against provisions in the bill for failure to comply Joint Guam Program Office, Office of the Assistant with clause 2 of rule XXI. The rule makes in order Secretary of the Navy, Energy, Installations and En- only those amendments to H.R. 4487 printed in the vironment, Department of Navy. Rules Committee report. Each such amendment may be offered only in the order printed in the report, LEGISLATIVE MEASURES may be offered only by a Member designated in the report, shall be considered as read, shall be debatable Committee on Natural Resources: Subcommittee on Pub- for the time specified in the report equally divided lic Lands and Environmental Regulations held a and controlled by the proponent and an opponent, hearing on H.R. 3687, the ‘‘Military LAND Act’’; shall not be subject to amendment, and shall not be and H.R. 4458, the ‘‘Naval Air Weapons Station subject to a demand for division of the question. The China Lake Security Enhancement Act’’. Testimony rule waives all points of order against the amend- was heard from Representative McCarthy (CA); ments printed in the report. The rule provides one Stephanie Toothman, Associate Director, Cultural motion to recommit with or without instructions. In Resources, Partnerships and Science, National Park section 3, the rule provides that pending the adop- Service, Department of Interior; Maureen Sullivan, tion of a concurrent resolution on the budget for fis- Director of Environmental Management, Office of cal year 2015, the amounts provided for current law the Deputy Undersecretary of Defense, Installations mandatory budget authority and outlays contained in and Environment, Department of Defense; Roger the statement of the Chair of the Committee on the Natsuhara, Acting Assistant Secretary to the Navy, Budget of the House of Representatives in the Con- Energy, Installations and Environment, United States gressional Record dated April 29, 2014, shall be Navy; Karen Mouritsen, Deputy Assistant Director, considered for all purposes in the House to be alloca- Energy, Minerals and Realty Management, Bureau of tions to the Committee on Appropriations under sec- Land Management, Department of Interior; and a tion 302(a) of the Congressional Budget Act of public witness. 1974. In section 4, the rule provides that during

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Testimony was heard from Representatives nently extend increased expensing limitations, and Culberson, Bishop (GA), Cole, Lowey, Moran, and for other purposes; and H.R. 4464, to amend the In- Gosar. ternal Revenue Code of 1986 to make permanent the MISCELLANEOUS MEASURES look-through treatment of payments between related controlled foreign corporations. Testimony was heard Committee on Science, Space, and Technology: Full Com- from Matt Weidinger, Staff Director, Subcommittee mittee held a markup on H.R. 4412, the ‘‘National on Human Resources, Committee on Ways and Aeronautics and Space Administration Authorization Means; and Thomas Barthold, Staff Director, Joint Act of 2014’’. The bill was ordered reported, as Committee on Taxation. The following bills were or- amended. dered reported, as amended: H.R. 4058; H.R. 4429; REVIEW OF RECENT UNITED STATES H.R. 4438; H.R. 4453; H.R. 4454; H.R. 4457; and ARMY CORPS OF ENGINEERS CHIEF’S H.R. 4464. REPORTS AND POST AUTHORIZATION CHANGE REPORTS Joint Meetings Committee on Transportation and Infrastructure: Sub- No joint committee meetings were held. committee on Water Resources and Environment f held a hearing entitled ‘‘A Review of Recent United States Army Corps of Engineers Chief’s Reports and COMMITTEE MEETINGS FOR WEDNESDAY, Post Authorization Change Reports’’. Testimony was APRIL 30, 2014 heard from Major General John Peabody, Deputy (Committee meetings are open unless otherwise indicated) Commanding General, Civil and Emergency Oper- ations, United States Army Corps of Engineers. Senate CONFRONTING TRANSNATIONAL DRUG Committee on Appropriations: Subcommittee on Depart- ment of the Interior, Environment, and Related Agencies, SMUGGLING: AN ASSESSMENT OF to hold hearings to examine proposed budget estimates REGIONAL PARTNERSHIPS for fiscal year 2015 for the Forest Service, 9:30 a.m., Committee on Transportation and Infrastructure: Sub- SD–124. committee on Coast Guard and Maritime; and Com- Subcommittee on Department of Defense, to hold hear- mittee on Foreign Affairs, Subcommittee on Western ings to examine proposed budget estimates for fiscal year Hemisphere, joint hearing entitled ‘‘Confronting 2015 for the Department of the Army, 10 a.m., SD–106. Transnational Drug Smuggling: An Assessment of Subcommittee on Departments of Labor, Health and Human Services, and Education, and Related Agencies, to Regional Partnerships’’. Testimony was heard from hold hearings to examine proposed budget estimates and Admiral Robert J. Papp, Jr., Commandant, United justification for fiscal year 2015 for the Department of States Coast Guard; General John F. Kelly, Com- Education, 10 a.m., SD–192. mander, United States Southern Command; and Luis Subcommittee on Financial Services and General Gov- E. Arreaga, Deputy Assistant Secretary of State, Bu- ernment, to hold hearings to examine proposed budget reau of International Narcotics and Law Enforcement estimates and justification for fiscal year 2015 for the De- Affairs. partment of the Treasury and the Internal Revenue Serv- ice, 2 p.m., SD–138. MISCELLANEOUS MEASURES Subcommittee on Energy and Water Development, to Committee on Ways and Means: Full committee held a hold hearings to examine proposed budget estimates for markup on the following legislation: H.R. 4058, to fiscal year 2015 for the National Nuclear Security Ad- prevent and address sex trafficking of youth in foster ministration, 2:30 p.m., SD–192. care; H.R. 4429, to amend the Internal Revenue Committee on Armed Services: to hold hearings to examine Code of 1986 to permanently extend the subpart F reform of the defense acquisition system in review of the Defense Authorization Request for fiscal year 2015 and exemption for active financing income; H.R. 4438, the Future Years Defense Program, 9:30 a.m., SD–G50. to amend the Internal Revenue Code of 1986 to Committee on Commerce, Science, and Transportation: to simplify and make permanent the research credit; hold an oversight hearing to examine the Transportation H.R. 4453, to amend the Internal Revenue Code of Security Administration, focusing on confronting Amer- 1986 to make permanent the reduced recognition ica’s transportation security challenges, 2:30 p.m., period for built-in gains of S corporations; H.R. SR–253.

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Committee on Foreign Relations: Subcommittee on Near Committee on the Budget, Full Committee, hearing enti- Eastern and South and Central Asian Affairs, to hold tled ‘‘A Progress Report on the War on Poverty: Lessons hearings to examine Afghanistan beyond 2014, 10:30 from the Frontlines’’, 10:30 a.m., 210 Cannon. a.m., SD–419. Committee on Energy and Commerce, Full Committee, Committee on Homeland Security and Governmental Affairs: markup on H.R. 2689, the ‘‘Energy Savings Through to hold hearings to examine lessons learned from the Bos- Public-Private Partnerships Act’’; H.R. 4092, the ton marathon bombings, focusing on improving intel- ‘‘Streamlining Energy Efficiency for Schools Act of ligence and information sharing; with the possibility of 2014’’; and H.R. 6, the ‘‘Domestic Property and Global a closed session in SVC–217 following the open session, Freedom Act’’, 10 a.m., 2123 Rayburn. 10 a.m., SD–342. Committee on Financial Services, Subcommittee on Finan- Committee on Indian Affairs: to hold hearings to examine cial Institutions and Consumer Credit, hearing entitled S. 2132, to amend the Indian Tribal Energy Development ‘‘Examining How Technology Can Promote Consumer Fi- and Self-Determination Act of 2005, 2:30 p.m., SD–628. nancial Literacy’’, 10 a.m., 2128 Rayburn. Committee on the Judiciary: to hold an oversight hearing Committee on Foreign Affairs, Full Committee, markup to examine the Drug Enforcement Administration, 10 on the following legislation: H.R. 4490, the ‘‘United a.m., SD–226. States International Communications Reform Act of Committee on Rules and Administration: to hold hearings 2014’’; H.R. 4028, to amend the International Religious to examine how undisclosed money and post-McCutcheon Freedom Act of 1998 to include the desecration of ceme- campaign finance will affect the 2014 election and be- teries among the many forms of violations of the right yond, 10 a.m., SH–216. to religious freedom; H. Res. 520, calling for an end to Committee on Veterans’ Affairs: to hold hearings to exam- attacks on Syrian civilians and expanded humanitarian ac- ine overmedication, focusing on problems and solutions, cess; and H. Con. Res. 51, Immediate Establishment of 10 a.m., SR–418. Syrian War Crimes Tribunal Resolution, 10 a.m., 2172 Special Committee on Aging: to hold hearings to examine Rayburn. exploring the perils of the precious metals market, 2:15 Subcommittee on Asia and the Pacific, hearing entitled p.m., SD–562. ‘‘Assessing U.S. Foreign Assistance Priorities in South Asia’’, 2 p.m., 2172 Rayburn. Joint Meetings Committee on Homeland Security, Full Committee, mark- up on the following legislation: H.R. 3283, the ‘‘Inte- Joint Economic Committee: to hold hearings to examine grated Public Alert and Warning System Modernization the first step to cutting red tape, focusing on a better Act of 2013’’; H.R. 4007, the ‘‘Chemical Facility Anti- analysis, 10 a.m., SR–301. Terrorism Standards Program Authorization and Account- ability Act of 2014’’; and H.R. 4228, the ‘‘DHS Acquisi- House tion Accountability and Efficiency Act’’, 9:30 a.m., 311 Committee on Agriculture, Subcommittee on Livestock, Cannon. Rural Development, and Credit, hearing entitled ‘‘To re- Committee on the Judiciary, Full Committee, markup on view the State of the Livestock Industry’’, 10 a.m., 1300 the following legislation: H.R. 3530, the ‘‘Justice for Longworth. Victims of Trafficking Act of 2013’’; H.R. 3610, the Committee on Appropriations, Subcommittee on Com- ‘‘Stop Exploitation Through Trafficking Act of 2013’’; merce, Justice, Science and Related Agencies, markup on H.R. 4225, the ‘‘Stop Advertising Victims of Exploi- Commerce, Justice, Science, and Related Agencies Appro- tation Act of 2014’’; H.R. 776, the ‘‘Security in Bonding priations Bill FY 2015, 9:30 a.m., H–140 Capitol. Act of 2013’’; and, H.R. 306, for the relief of Corina de Committee on Armed Services, Subcommittee on Intel- Chalup Turcinovic, 10 a.m., 2141 Rayburn. ligence, Emerging Threats and Capabilities, markup on Committee on Natural Resources, Full Committee, markup H.R. 4435, the ‘‘National Defense Authorization Act for on the following legislation: H.R. 4315, the ‘‘21st Cen- Fiscal Year 2015’’, 10:30 a.m., 2212 Rayburn. tury Endangered Species Transparency Act’’; H.R. 4316, Subcommittee on Strategic Forces, markup on H.R. the ‘‘Endangered Species Recovery Transparency Act’’; 4435, the ‘‘National Defense Authorization Act for Fiscal H.R. 4317, the ‘‘State, Tribal, and Local Species Trans- Year 2015’’, 12 p.m., 2118 Rayburn. parency and Recovery Act’’; and H.R. 4318, the ‘‘Endan- Subcommittee on Seapower and Projection Forces, gered Species Litigation Reasonableness Act’’, 10 a.m., markup on H.R. 4435, the ‘‘National Defense Authoriza- 1324 Longworth. tion Act for Fiscal Year 2015’’, 1:30 p.m., 2212 Ray- Committee on Oversight and Government Reform, Sub- burn. committee on Energy Policy, Health Care and Entitle- Subcommittee on Military Personnel, markup on H.R. ments, hearing entitled ‘‘Examining the Effect of Lique- 4435, the ‘‘National Defense Authorization Act for Fiscal fied Natural Gas Exports on U.S. Foreign Policy’’, 10 Year 2015’’, 3 p.m., 2118 Rayburn. a.m., 2154 Rayburn.

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Committee on Science, Space, and Technology, Subcommittee Committee on Transportation and Infrastructure, Sub- on Environment, hearing entitled ‘‘An Overview of the committee on Aviation, hearing entitled ‘‘Air Service to National Oceanic and Atmospheric Administration Budg- Small and Rural Communities’’, 10 a.m., 2167 Rayburn. et Request for Fiscal Year 2015’’, 10 a.m., 2318 Ray- Committee on Ways and Means, Subcommittee on Health, burn. hearing entitled ‘‘Ideas to Improve Medicare Oversight to Committee on Small Business, Full Committee, hearing Reduce Waste, Fraud and Abuse’’, 2 p.m., 1100 Long- entitled ‘‘SBA-created Initiatives: Necessary or Redundant worth. Spending?’’, 1 p.m., 2360 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, April 30 10 a.m., Wednesday, April 30

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Consideration of H.R. morning business (not to extend beyond 10:30 a.m.), At 4486—Military Construction and Veterans Affairs and 12 noon, Senate will vote on the motion to invoke clo- Related Agencies Appropriations Act, 2015 (Subject to a ture on the motion to proceed to consideration of S. Rule). 2223, Minimum Wage Fairness Act. At 4 p.m., Senate will vote on confirmation of the nominations of Sheryl H. Lipman, of Tennessee, to be United States District Judge for the Western District of Tennessee, Stanley Allen Bastian, of Washington, to be United States District Judge for the Eastern District of Washington, Manish S. Shah, of Illinois, to be United States District Judge for the Northern District of Illinois, Daniel D. Crabtree, of Kansas, to be United States Dis- trict Judge for the District of Kansas, Cynthia Ann Bashant, of California, to be United States District Judge for the Southern District of California, and Jon David Levy, of Maine, to be United States District Judge for the District of Maine.

Extensions of Remarks, as inserted in this issue

HOUSE Graves, Sam, Mo., E619 Moran, James P., Va., E620, E621, E624, E626 Green, Al, Tex., E617 Olson, Pete, Tex., E618 Barletta, Lou, Pa., E615, E617, E618 Hastings, Alcee L., Fla., E622, E626 Pastor, Ed, Ariz., E617 Bentivolio, Kerry L., Mich., E623 Honda, Michael M., Calif., E613 Perlmutter, Ed, Colo., E619, E621, E623 Bishop, Timothy H., N.Y., E618 Huffman, Jared, Calif., E613 Pitts, Joseph R., Pa., E621 Broun, Paul C., Ga., E618 Hunter, Duncan, Calif., E620, E625, E627 Pocan, Mark, Wisc., E627 Bustos, Cheri, Ill., E623 Jackson Lee, Sheila, Tex., E615 Rahall, Nick J., II, W.Va., E622 Capito, Shelley Moore, W.Va., E624 Johnson, Eddie Bernice, Tex., E617 Rice, Tom, S.C., E622 Coffman, Mike, Colo., E620 Kilmer, Derek, Wash., E618 Roybal-Allard, Lucille, Calif., E615 Cuellar, Henry, Tex., E624 Kind, Ron, Wisc., E625, E626 Sanchez, Loretta, Calif., E626 DelBene, Suzan K., Wash., E623 Lance, Leonard, N.J., E625 Sarbanes, John P., Md., E625 Engel, Eliot L., N.Y., E619 Lee, Barbara, Calif., E616 Sinema, Kyrsten, Ariz., E616 Eshoo, Anna G., Calif., E613, E615 McCollum, Betty, Minn., E613 Smith, Adam, Wash., E622 Fitzpatrick, Michael G., Pa., E625 McMorris Rodgers, Cathy, Wash., E619 Speier, Jackie, Calif., E624, E626 Foster, Bill, Ill., E614, E627 Maloney, Carolyn B., N.Y., E614 Veasey, Marc A., Tex., E616 Gibson, Christopher P., N.Y., E620 Michaud, Michael H., Me., E614 Yoho, Ted S., Fla., E623

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