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

Vol. 160 WASHINGTON, WEDNESDAY, JANUARY 8, 2014 No. 4 Senate The Senate met at 10 a.m. and was Commonwealth of Massachusetts, to President Bush—we extended emer- called to order by the Honorable ED- perform the duties of the Chair. gency unemployment insurance bene- WARD J. MARKEY, a Senator from the PATRICK J. LEAHY, fits by declaring an emergency, as we Commonwealth of Massachusetts. President pro tempore. should now. We should realize that Mr. MARKEY thereupon assumed the today there is only one job available PRAYER chair as Acting President pro tempore. for every three people seeking a job. The Chaplain, Dr. Barry C. Black, of- f Think about it. fered the following prayer: This legislation calls for a 3-month RECOGNITION OF THE MAJORITY Let us pray. extension. That is all. Let’s extend this LEADER Gracious and changeless God, the now and give those people their bene- creator of heavenly lights, Your mer- The ACTING PRESIDENT pro tem- fits, and then we will work to see cies sustain us. pore. The majority leader is recog- whether we can come up with a long- Today, use our Senators to accom- nized. term solution to this issue. I have plish Your will, making them faithful f heard one of the leaders in the House, one of the Republicans, say we need to under trials and resolute when facing SCHEDULE the difficult. Lord, even in their do something about opportunities for sorrowing seasons, motivate them to Mr. REID. Following my remarks jobs. We agree. Let’s see what we can be transformed by Your liberating and those of the Republican leader, the come up with, but let’s extend the ben- grace. Empower them to do the best Senate will resume consideration of efits for 3 months now. they are capable of, bringing a harvest the motion to proceed to S. 1845, the Through the darkest days of the re- of courage, compassion, and service. unemployment compensation legisla- cession, these unemployment benefits Give them the wisdom to place their tion. We have no votes scheduled yet. kept millions of Americans from de- ultimate trust in You. When we are able to work something scending into poverty. We pray in Your holy Name. Amen. out in that regard, we will notify all I again urge my Republican col- Senate offices. leagues in Congress to pass this 3- f f month extension. It is what the Amer- ican people want by a vast majority of PLEDGE OF ALLEGIANCE UNEMPLOYMENT COMPENSATION all political stripes. We need to do this The Presiding Officer led the Pledge Mr. REID. Yesterday’s vote to ad- so we can negotiate a long-term solu- of Allegiance, as follows: vance a measure which is so vitally im- tion to this issue. Any lapse or delay in I pledge allegiance to the Flag of the portant to our country—to extend the benefits means 1.3 million people will United States of America, and to the Repub- lifeline to Americans who lost their be wondering whether they need to go lic for which it stands, one nation under God, jobs during this great recession—was a to borrow money again or to maybe see indivisible, with liberty and justice for all. very positive development, but we are if they can figure out a way to buy f a long way from restoring benefits to baby formula or gas for their car to go 1.3 million people who have been look- to a job interview if they are fortunate APPOINTMENT OF ACTING ing for work for months, some of them to have a car or a bus ticket. PRESIDENT PRO TEMPORE for years. If Republicans are so interested in The PRESIDING OFFICER. The The few Republicans willing to even paying for this measure, they should clerk will please read a communication debate this measure have already propose a reasonable way to do so that to the Senate from the President pro threatened to vote against even a doesn’t attack the Affordable Care Act tempore (Mr. LEAHY). short-term extension unless it is fully or punish American children, as the The legislative clerk read the fol- paid for. two proposals they presented yesterday lowing letter: Let me start by saying I am opposed do—go after American children or the U.S. SENATE, to offsetting the cost of emergency un- Affordable Care Act. They should pro- PRESIDENT PRO TEMPORE, employment benefits—I repeat, emer- pose an offset that might actually pass. Washington, DC, January 8, 2014. gency unemployment benefits. I don’t Instead, they propose a string of polit- To the Senate: understand why my Republican col- ical amendments, each more doomed to Under the provisions of rule I, para- leagues can’t read the script from the failure than the last one they offered. graph 3, of the Standing Rules of the administration of their President, our They should also stop masking their Senate, I hereby appoint the Honorable President, President Bush. Five times reluctance to extend these benefits be- EDWARD J. MARKEY, a Senator from the during his time in office—the second hind complaints about how many

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

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VerDate Mar 15 2010 00:17 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A08JA6.000 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE S88 CONGRESSIONAL RECORD — SENATE January 8, 2014 amendments they have been allowed to I recently received a letter from a sin- fundable tax credits. There are plans offer on this and other legislation. Ev- gle mother of two who has lived in Ne- for job creation that will be offered by eryone within the sound of my voice vada all of her life. She is afraid she Senators PAUL, THUNE, and INHOFE. should understand that is hollow. It will soon be homeless—a single mother. These plans take a different approach has become a common refrain for the She wrote: ‘‘I have no desire to live off than the government-led one we see minority to blame their own frequent the system.’’ She is speaking for vir- from our Democratic friends. They rely obstruction on me. Two Republican tually everyone we are trying to help. on unlocking the potential of the pri- Senators held up progress on virtually This woman is the rule, not the excep- vate sector to actually increase em- everything we tried to do under the tion. ployment. Why don’t we have a vote on first term of this Congress. They To qualify for unemployment is not them in the Senate? I am sure there wouldn’t let any other amendments easy. Someone has to be laid off are many Democratic ideas out there come up unless they got a vote on their through no fault of their own, and they as well, but we won’t get the chance to amendment. have to actively seek work. debate any of them as long as the ma- The fact remains that if my Repub- These unemployed aren’t gaming the jority leader keeps blocking us from of- lican colleagues have complaints about system; there simply aren’t enough fering amendments. my leadership style, they should also jobs to go around. For every job there This obstructionism by the Demo- have complaints about Senator Frist, are three people trying to get that job. cratic majority is against the tradi- my predecessor. He is a fine man, a Re- The longer a person is unemployed, the tions of this body, and it needs to end publican leader. We still stay in touch, more difficult it becomes to find work. because if Democrats truly want to get as I do with the other Republican lead- This is not being made up; this is a anything done this year, they are going er, Senator Lott, whom I worked with fact. The long-term unemployed are to have to learn how to work with us. very closely. I hear no complaints half as likely as their recently let-go I yield the floor. about their leadership style when they competitors to be hired. But that f were leading the Senate. During my doesn’t stop them from trying. Rather RESERVATION OF LEADER TIME time as leader, Republicans have of- than encouraging these people who are The ACTING PRESIDENT pro tem- fered 7 out of 10 amendments on which desperate for help to keep looking, cut- pore. Under the previous order, the the Senate has voted. Seventy percent ting off unemployment benefits actu- leadership time is reserved. of the amendments we have voted on in ally encourages the long-term unem- the Senate have been Republican ployed to actually drop out of the job f amendments. This has been a greater market altogether. That doesn’t help EMERGENCY UNEMPLOYMENT share than either Senator Frist or Sen- them, our communities, our States, COMPENSATION EXTENSION ator Lott offered. During my leader- and our country. It hurts families, it ACT—MOTION TO PROCEED ship in the 111th Congress, minority hurts communities, and it certainly The ACTING PRESIDENT pro tem- amendments represented a greater hurts the economy. pore. Under the previous order, the share of amendment votes than during f Senate will resume consideration of any single Congress. Think about it. the motion to proceed to S. 1845, which So Republicans should stop trying to RECOGNITION OF THE MINORITY LEADER the clerk will report. justify their opposition to helping The legislative clerk read as follows: Americans in need with false claims The ACTING PRESIDENT pro tem- Motion to proceed to Calendar No. 265, S. about what is going on in this institu- pore. The Republican leader is recog- 1845, a bill to provide for the extension of tion. Let’s start talking about facts nized. certain unemployment benefits, and for rather than fiction—and there is a lot f other purposes. The ACTING PRESIDENT pro tem- of fiction going around. Republicans UNEMPLOYMENT COMPENSATION should, I repeat, stop trying to justify pore. The Senator from Rhode Island. their opposition to helping Americans Mr. MCCONNELL. Yesterday the ma- Mr. REED. Mr. President, it has been in need with false claims about my jority leader rejected my offer for both 11 days since Federal unemployment leadership. sides to offer amendments to the unem- insurance expired for 1.3 million Amer- It is quite interesting to note that ployment insurance bill—the way icans, and every day more Americans House Republican leaders—and I am things used to work around here; we lose their benefits as their 26 weeks of sure they sent a copy of it to the Sen- had a bill called up, and we had amend- State benefits expire. ate—have instructed colleagues in a ments. This is, sadly, typical of the I hope my colleagues join Senator written memo. It says: Show compas- way things are these days in this insti- HELLER and me in our efforts to swiftly sion for the unemployed. tution. If the majority leader just ac- pass this 3-month extension. Many of I say to everyone that we don’t need cepted my offer, we could actually be my colleagues have talked about issues a memo for us to show compassion to debating and amending this bill instead with respect to a longer term piece of the unemployed. of wasting time. How does the majority legislation, the cost of it, should we They also say: Treat them as individ- leader expect to achieve consensus pay for it, and are there changes nec- uals. when one side doesn’t have the chance essary in the program to make it more Oh yeah? That is not a bad idea, but to offer any input at all? That is the effective and efficient. Those are it will be very difficult for Senate Re- way the Senate used to operate. thoughtful and worthy considerations, publicans to seem sympathetic to the Look. If the majority leader wants but they should not deprive 1.3 million plight of the unemployed while still op- this bill to pass the Senate, then there Americans—and that number is grow- posing a helping hand for 1.3 million is a very good likelihood he is going to ing each day—basic benefits. These are job seekers. It shouldn’t take a memo have to find a way to pay for it. I will modest benefits—about $300 a week— to realize that unemployed Ameri- be offering one idea on that front; that that allow them to just keep their fam- cans—and particularly those who have is, paying for a longer extension by ilies together, keep trying to search for been out of work for months—deserve dropping the mandate that forces a job. our compassion. We don’t need a memo Americans to buy insurance they don’t I would point out that the only way for that, a memo saying: Show compas- want. But if they don’t like that idea, one qualifies for this benefit is, No. 1, if sion. No wonder Republicans in Con- there are others. One is a bipartisan someone had a job and they lost it gress are out of touch with Republicans idea endorsed by the President that en- through no fault of their own, and they around the country. Republicans sures individuals can’t draw both So- are constant in keeping up the search around the country support extending cial Security disability benefits and for work. That is one of the require- unemployment benefits because they unemployment benefits at the same ments. It is all about work. In this have compassion for those Americans time. Senators COBURN and PORTMAN economy, it is all about the fact that who are in trouble. both have versions of that. There is an- there are two or three job seekers for Being out of work is not only finan- other plan offered by Senator AYOTTE every job. In some parts of the coun- cially devastating, it is heartbreaking. that would cut down on fraud in re- try—in Rhode Island, Massachusetts,

VerDate Mar 15 2010 01:14 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.002 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE January 8, 2014 CONGRESSIONAL RECORD — SENATE S89 Nevada, Arizona, Tennessee, States oh, we truly need to create jobs. That and which described in detail the re- that have high unemployment—it is is what we have to do. Yes, we agree. cipients. There is no one age group. It not just three to one, in some cases it But there have been so many proposals spans the gamut. There is no one eth- is more. that have been presented both by the nic concentration. There are some geo- I mentioned on the floor just 2 days administration and by my colleagues graphic areas that are doing quite well, ago an article that appeared in the that have not been given consider- but there are areas that are doing quite Washington Post that talked about a ation—creating a national infrastruc- badly that are scattered across the new dairy opening, or reopening, in Ha- ture bank which will fund, through a country. Rhode Island and Nevada are, gerstown, MD, with 36 jobs. They quasi-public mechanism, highway con- unfortunately, leading the list of states thought there would be a large demand struction, bridge renovations, sewer with high unemployment. They are for the jobs, but there were basically lines, and those things—that have been very dissimilar States, thousands of 1,600 applicants for 36 jobs. That is not languishing for months and months miles apart, different economies en- unique to that town in Maryland. That and months and months. So we should tirely, but they are caught up in this is, unfortunately, something that is get on with those things, I agree. But same problem of unemployment and happening all across this country, and the immediate crisis is helping these particularly long-term unemployment. it reflects the need to extend these ben- 1.3 million Americans, and that num- The people who are unemployed are efits immediately. ber is growing. not sitting around passively. They are We have serious issues to work out, There is another reason why it is par- out looking every day. In Rhode Island but we understand, or we should under- ticularly critical to talk about the ex- I have met people who have worked for stand, that to do it carefully and tended unemployment benefits that are 30 years. They are in their fifties. They thoughtfully requires time and re- the subject of our debate. We should had good jobs. They were bookkeepers. quires the attention of the experts in not end this program now. As this They were white-collar professionals. the relevant committees. In fact, I can chart indicates, long-term unemploy- They are trying to take care of an el- recall coming down here before these ment is much higher today than it has derly parent, they have responsibilities benefits expired asking unanimous con- ever been when we terminated these to children, and they desperately want to work. sent to extend them for 1 year, and one benefits. In April of 1959, when they of the responses, one of the objections One constituent who wrote to my of- ended the extended benefits, it was .9 fice has been out of work since Decem- from my colleagues on the Republican percent—long-term unemployment. In side was we have to do this through the ber of 2012. He has applied to over 300 April 1962, .9 percent; .4 percent in jobs. He has taken additional classes at committee. We have to do this March of 1973; .9 percent in 1977; 1.2 per- thoughtfully and deliberately. We have our local community college in the cent long-term unemployment in 1985; hopes of becoming a more attractive an opportunity to help people who des- 1.3 percent in 1994; 1.3 percent in 2003; perately need help and start that delib- candidate for employment. Yet he re- and today, 2.6 percent of long-term un- mains out of work. erative process, and I hope we do that. employment. Yesterday, we took an important Another constituent who has lost her We are in a new situation. These benefits doesn’t have enough money to step forward. We procedurally moved could be structural market changes forward to start consideration of this pay her bills and they have to move in which are making it harder and harder with a sister because she can’t pay the legislation. I wish to thank again Sen- for some people to find employment, ator HELLER and all of my colleagues rent. even after searching desperately, and That is what is happening. This is who joined in that vote. That has given that is exactly who this program is de- us a chance to finish the job, but it is not some academic exercise, some rhe- signed to help. The State program, the torical ideological debate. This is going to be a very difficult job to fin- initial 26 weeks, covers people who lose about helping real people who want to ish. I think what we can do imme- their job and then relatively quickly— work and they can’t find a job after diately—and this might be a two-step relatively quickly—can find other em- desperately looking for one. A third constituent wrote me the fol- process—is quickly pass the Reed-Hell- ployment. This program is the one that lowing letter: er legislation—90 days, unfunded. It is designed for those people who, for will immediately put money into the many reasons, are having difficulty I never thought that I would be among the finding a job over many weeks and unemployed, but here I am after over 30 economy. It will immediately help years of experience in my field in higher edu- struggling Americans who are looking months. Today we are at twice the level we have ever been when we con- cation administration. I used to make 60K a for work—they have to in order to year and now my unemployment benefits run qualify for these funds—and it will help sidered cutting off these benefits. Actu- out in mid March. I have been searching for overall the economy. As the CBO has ally, we have cut off these benefits. It a job not only in my field, but also doing projected, if we do not fund for the was December 28. anything possible using my transferable year unemployment insurance, we will For that reason alone, this issue of skills. I have not received an invitation for lose 200,000 jobs; 200,000 jobs which extended benefits has to be addressed any interviews at all. . . . So to those who first, I would argue, on an emergency say that extending benefits causes people to would be generated by this program stay unemployed longer—they are wrong. will be lost. basis. Then let’s think long and hard about longer term efforts to address When you lose your job, you would do any- So we will have a double whammy. thing to gain employment and regain your We will still have people unemployed the problem. Many of my colleagues dignity. No one wants to subsist on unem- searching for work without any assist- have suggested issues with respect to ployment compensation. Please keep up the ance and some, in fact, will stop job training, with respect to incentives fight for extended benefits. It has been a life- searching. They will give up. Then we for education, and all of them are wor- line for me. will not have the creation of additional thy, but they can’t be done in the con- Thirty years of experience, retrain- jobs because of this money going into text of dueling proposals on the floor. ing already undertaken, searching re- the economy, generating further de- They have to be done thoughtfully. If lentlessly for a job. An important point mand, and further demand generating a we can quickly adopt the Reed-Heller here, too, is it is about the economics, need to keep people on and hire some bill, it will give these long-term unem- but it is also about an individual’s dig- more. ployed—this record number of long- nity and their identity. I don’t care I hope we can finish the job we start- term unemployed who have been cut who you are. A job helps define who ed yesterday. It was a very important off from benefits—it will give them you are. It gives one a sense of esteem step forward and a very important step help and give us time. and accomplishment, whether one is forward not only to help individual We have heard from countless citi- mopping floors or directing the oper- families, as I suggested, but to bolster zens all across the country, and they ations of the hugest national corpora- economic demand throughout the econ- come from all walks of life and from tion. For my colleagues to suggest omy and that is going to lead to every aspect of unemployment. The somehow, well, yes, if someone is a growth. other day, Senator KLOBUCHAR released CEO of a company, that is very valu- I find it somewhat ironic when I hear a report from the Joint Economic Com- able work and that gives them self-es- some of my colleagues talking about, mittee which was extremely well done teem, they miss the point. A job well

VerDate Mar 15 2010 00:17 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.035 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE S90 CONGRESSIONAL RECORD — SENATE January 8, 2014 done, whether it is cleaning floors or one of the basic protections in that your clipboard across the barrier to the merging companies, gives the kind of law. What Senator MCCONNELL pro- clerk. You have to have this electronic satisfaction and the kind of self-re- posed yesterday was to eliminate the connection to be in the workforce, as spect that is critical. So this is about responsibility of every individual to well as mobility. money, yes, but it is also about giving have health insurance, which was put So from the point of view of an eco- people the opportunity as Americans to in the law so we could have a large pool nomic national perspective: One, we live out their full potential, to con- of insured people and say to anyone typically have done these as emer- tribute to their family and to the econ- with a preexisting condition: You will gency spending; two, you get a big omy. not be disqualified for health insur- bang for the buck when you do it that There are 1.3 million Americans and ance. way. There is a strong argument that more each day who are facing this So the Senator from Kentucky has is probably the most sensible approach. same dilemma, and that is why Con- given us this approach which the Re- With respect to the pay-for the Re- gress needs to create jobs today and publicans support: If you will agree to publican leader suggested, I concur en- help Americans compete for the jobs of eliminate protection from health in- tirely with the Senator from Illinois in tomorrow. It means taking a multi- surance for people with preexisting that it is robbing Peter to pay Paul. I faceted approach with things such as conditions, then we will allow you to am sure, not only these folks who are restoring our manufacturing might by give unemployment benefits. In other struggling to find a job, but of the 1.3 focusing on advanced technologies, en- words, if you will eliminate this pro- million people who are currently re- suring local businesses have access to tection in health insurance for 300 mil- ceiving benefits, I have to assume a the capital they need to grow and ex- lion-plus Americans, we will give you 1 significant number—at least some of pand, improving our schools and work- year of unemployment benefits for 1.3 them—have preexisting conditions. For force training programs to ensure we million Americans. I might add, for the the first time many of them are able to have a highly educated and skilled record, there are 1.9 million individuals qualify for health care benefits. And to workforce, and investing in our infra- with preexisting conditions in the take this protection away for millions structure. All of these things have to State of Kentucky—the State of the of Americans—you say it is 1.9 million be done, but it is going to be very dif- Senator who made this proposal. just in Kentucky alone. It is a huge ficult to do them in the context of this I would ask the Senator from Rhode number across the country—would be legislation. That is why again I urge, Island, who has shown extraordinary bad policy, and it would in fact for let us move this bill forward. Let us leadership on this issue of extended un- many families be a crushing blow. help these people who are struggling employment benefits: First, would he Again, I don’t think we have to rob and working very hard and then let us address the issue of paying for these Peter to pay Paul. put ourselves on a very fast track to benefits? And, second, would he address From an economic standpoint, we deal with these issues—manufacturing the specific suggestion of the Repub- have typically done this without off- renaissance, job training. lican leader that the best way to pay sets because we want to have the eco- We have not reauthorized the Work- for the benefits for 1.3 million unem- nomic stimulus and the demand cre- force Investment Act since 1998. That ployed people is to reduce protections ation which comes. But from a basic is the basic sort of education program in health insurance for over 300 million fairness point of view, we are going to for those adults and for people looking Americans? go ahead and give benefits of $300 a to move into the workforce, and the Mr. REED. I thank the Senator from week to people who need them. I want world has changed a lot since 1998. Illinois. to do that. But we are going to pay for That is the result of some indifference. Let me first address the issue of pay- it by telling some families: No, you I would ask why in 1998, with a Repub- ing for the benefits. The Senator from don’t get insurance. Or: You have to lican Congress, and in the last few Illinois is correct, typically these bene- pay $25,000 a year because your child years of the Clinton administration, fits are considered emergency spending has asthma. That is not fair. It is not from 2000 to 2006, a Republican Presi- and they are not offset. In fact, the leg- good common sense and it is not good dent, a Republican Congress, we islation which was passed in the wee economics. So I concur. couldn’t do those things. It is not a hours of January 1, 2013, as I recall, had To resume: We talked about some of time to assess blame, but it is a time a 1-year extension of unemployment the big issues here and paying for this to point out the situation that if we benefits, unpaid for. It received over- bill. This is all in the context of deficit want to get these issues done, let us whelming votes—I believe 89 to 8—a reduction, which we have made signifi- start moving, but let us not leave these huge majority of Republicans and cant progress on. unemployed Americans behind indefi- Democrats coming together. So a year The Bowles-Simpson report sug- nitely without hope. ago, this issue of pay-for was not even gested that over 10 years we cut $4 tril- Mr. DURBIN. Will the Senator yield on the table. And, by the way, I think lion from the deficit, and we achieved for a question? it probably led to the creation, given roughly about $2.5 trillion of that, Mr. REED. I would be happy to. CBO’s estimates going forward, of most of it coming from cuts to pro- Mr. DURBIN. I would like to ask a roughly 200,000 jobs this year because it grams—not revenue increases, but question of the Senator from Rhode Is- was enacted and it wasn’t offset. cuts. So we have made significant land through the Chair. It goes to a second point about sort progress on deficit reduction. We have There has been a debate on the floor, of the bang for the buck. This is one of to do more, but we have to do it sen- and we have heard it off the floor, the best commonsensical programs we sibly and logically. And we have pro- about whether we should pay for unem- have, because when we give these bene- posals we have brought forward. ployment benefits. Historically, if I am fits to individuals and don’t take other I must commend my colleagues in not mistaken, most of the decisions to benefits, other funds out of the econ- the Senate. This was on a bipartisan extend unemployment insurance bene- omy, it has a multiplier effect, some basis. We passed an immigration re- fits have been considered emergency people estimate $1.50 for every $1 in form bill in this body. It has lan- measures and not paid for, and now terms of economic activity. And it guished in the House. But in that bill there is a suggestion from many Re- makes common sense. These funds go alone, scored by CBO, will cut nearly publicans that we need to cut spending directly from the recipient, not to another $1 trillion in the deficit, which in areas to compensate for this exten- their savings account or to build up, will get us to that target or very close sion of unemployment benefits which, but right out to buying gasoline, keep- to that target. Yet it is languishing in if I am not mistaken, are in the range ing cell phone service on. By the way, the House. If we can pass it, then this of $25 billion or $26 billion a year. if you don’t have a car and don’t have issue of deficit—which has dominated One of the suggestions yesterday a cell phone today, you can’t find a job, and been very important over the last from Republican Senate leader MITCH you can’t go to the interview, you can’t several years—is something we can MCCONNELL would, not surprisingly, get the call for the interview, you can’t practically resolve. And, by the way, as address the Affordable Care Act, so- apply for the job. It is not 1955 any- I suggested in my colloquy with Sen- called ObamaCare, and would eliminate more, where you take the bus and hand ator DURBIN, if we pass this legislation,

VerDate Mar 15 2010 00:17 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.036 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE January 8, 2014 CONGRESSIONAL RECORD — SENATE S91 it will help too in terms of stimulating The community of Parsons lost one His service, honors, and achieve- economic growth, et cetera. of its greatest champions when Sonny ments are numerous, and they include There are many things we can do. Zetmeir passed away. His humor and two terms as a trustee of Labette Com- But, again, I go back to this point. selflessness truly made an incredible munity College and chairman of its These people are in a desperate situa- impact upon that community. capital fund campaign; 6 years as tion. As my constituent wrote, 30 years Sonny had moved to Parsons, KS, Labette County Republican chairman; of work, middle-aged, getting retrain- from Grandview, MO, with his parents board member of Meadowlark Girl ing, 300 applications, no interviews, in 1965, along with a company his fam- Scout Council; and many years as looking for anything. It is not just ily owned that made cabinets. The president of the Parsons Area Commu- about dollars and a check. It is about company was called Grandview Prod- nity Foundation. dignity. It is about who you are. ucts. He originally agreed with his Sonny was named Parsons Chamber We have to respond and we have to family to stay in Parsons for a year to Business Person of the Year and the respond quickly. And we have the op- help get the business off the ground in Kansas State Chamber Employer of the portunity to do this. As we look at a its new location, but his commitment Year in 2003. He received the Kansas longer term effort, it doesn’t foreclose to his family and to his family’s busi- Manufacturers Association manage- and it shouldn’t foreclose considering ness continued to grow and he never ment appreciation award in 2007, and in programmatic changes, considering if left. He went on to purchase the com- 2008 he was chosen to receive the Car- we would offset or not. In response to pany from his parents when they re- dinal Citation Award by Labette Com- Senator DURBIN, I pointed out, typi- tired in 1982, and he helped build it into munity College. Since 1985 the cally we don’t offset this program but the outstanding cabinetmaking busi- Zetmeirs have cosponsored the Fourth we have at certain times in the past. ness it is today. of July fireworks at Marvel Park in My preference would be, frankly, to get Under his leadership, Grandview Parsons. this bill done and then look at this Products grew from a local small busi- I have always believed what we do issue over the longer term without pre- ness with 24 employees to a $50 million here in the Nation’s Capital is impor- conditions. So we have to be clear. We company with 430 employees, shipping tant, but the reality is we change the can move this and we should move it. cabinets from coast to coast. Today, world one person at a time. So while Again, this question of offsets seems the company is the largest employer in what we do in the Senate matters, so to be coming up more and more, as was Parsons, and it also owns a facility in much more is accomplished by a person reflected in the comments of the Sen- the neighboring community of like Sonny. Sonny Zetmeir lived that ator from Illinois. As we initiated this Cherryvale. life. By investing his time and talent program under President Bush back in Sonny’s legacy as a businessman is and financial support into the commu- 2008—and the unemployment rate was rivaled only by his commitment to his nity where he lived, he made a dif- roughly 5.5 percent, much lower than it community and improving the lives of ference every day. His involvement in is today—we did not ask for offsets others around him. As president and the community and his selflessness every time. In fact, it was the excep- CEO of Grandview Products, he cared serves as an inspiration and should be tion to the rule. I think now is not the deeply about the health and well-being a role model for every American. time, particularly in this 90-day pro- of his employees and their families. He was married to his wife Sophia for posal which Senator HELLER and I Through the recession of 2008, he 51 years and was a devoted father to have. fought hard to keep the company’s their 3 daughters: Ellen, Joan, and We have worked through some dif- doors open and keep as many employ- Amy. I ask the Senate to join me today ficult issues, and I commend Senator ees as possible at work. When Grand- in extending our heartfelt sympathies MURRAY and Congressman RYAN par- view Products regained its footing, he to Sonny’s wife and to his family as ticularly for the work on the budget, worked to bring many of the former they begin this new year in the absence and I think we can work through this employees back to work. of their loved one. issue. So I again urge that we thought- Even when he received the dev- He was loved by them, and he will be fully and very conscientiously and col- astating cancer diagnosis that would greatly missed. If one’s value in life is laboratively work together longer ultimately take his life, just a few determined by whether or not you term, but not ignore the crisis today— weeks later, Sonny’s thoughts imme- made a difference while you were here not leave 1.3 million, and more, Ameri- diately went to the well-being of his on this Earth, Sonny’s life was price- cans dangling, uncertain, desperate, employees and their families. His wife less. God bless him and let him be a frustrated, losing not only their in- Sophia relayed this story about his role model for all of us. come but in many respects their iden- final weeks. She says: The PRESIDING OFFICER. The Sen- tity and their dignity. We can do better His number one concern was the company ator from Massachusetts. than that. Then we have the time—we and his employees. It wasn’t just his employ- Mr. MARKEY. Madam President, 1.3 have the time to work constructively, ees, it was the families that he was respon- million people already have not had a collaboratively, and cooperatively to sible for . . . Sonny was able to have a meet- happy new year. That is because, when come up with principled proposals to ing with 216 employees. First, they all got a raise . . . so they wouldn’t be afraid for their we tried to extend the emergency un- extend these benefits for hopefully the futures. No raises had been given in 5 years employment insurance before the holi- whole year. because of the recession. We’re making days, the Republican leadership said Madam President, I yield the floor. money now, so everyone got a raise. Then, he no. The temperatures may be dropping The PRESIDING OFFICER (Ms. told them who was going to be running what to new lows, but we should not freeze HEITKAMP). The Senator from Kansas. departments. Then, he told them how sick he unemployment benefits. REMEMBERING SONNY ZETMEIR was. When the economy was collapsing Mr. MORAN. Madam President, I ap- But his concerns for others and self- and AIG, the multinational insurance preciate the opportunity to be here on lessness extended well beyond his busi- company, needed funds, we found that the Senate floor this morning since I ness. He was passionate about Grand- money for AIG. But when the Ameri- am intruding on the discussion about view Products being a locally owned cans who are still recovering from the unemployment insurance extension. company, and he felt a calling to serve very recession caused by these institu- However, I wish to take a few minutes the community through his service. tions need more unemployment insur- to highlight the life of a Kansan who Over the years, Sonny donated cabi- ance, we just cannot seem to find a passed in late 2013. nets to community projects, churches, way to get it done. At the end of last year, I learned of and schools. He also encouraged his These are not just numbers. These the death of a resident of Parsons, KS, employees to be charitable in whatever people, 1.3 million people across the in the southeast corner of our State. capacity they were able. In fact, Sonny country and 60,000 in my home State of E.J. ‘‘Sonny’’ Zetmeir was a person of was so dedicated to giving back to the Massachusetts, now face the harsh re- such optimism and so engaged in im- local community that he would only ality in 2014 that their country no proving the lives of other people, I buy Girl Scout cookies from Girl longer has their backs. wanted to highlight and pay my re- Scouts in his home counties of Labette One of these people is named Vera spects to him and his family. and Montgomery. Volk. She is from Lynn, MA, just north

VerDate Mar 15 2010 00:17 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.037 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE S92 CONGRESSIONAL RECORD — SENATE January 8, 2014 of Boston. She is a 20-year employee in offered a job will take a job. The jobs collapse because we, as a nation, fail to the biotech/pharmaceutical industry are not there. It is not the fault of understand and identify these innocent who was laid off in May of 2013. Her these families. It is not the fault of victims who still sit up there with layoff was in part due to sequestration, these job seekers. We should not be their families. cuts in the Federal funding of biotech punishing them. We should not be pun- I hope we can come together on a bi- last year. ishing their families because this capi- partisan basis to continue this program Last month Vera lost her unemploy- talist system is not producing the jobs which is such a lifeline to the unem- ment benefits when the emergency un- right now. ployed, their families and our econ- employment insurance program ended. We have to reach out with a helping omy. Vera has suffered a double injustice. hand to these families so they can The PRESIDING OFFICER. The Sen- First, her job was eliminated through make it through this difficult time ator from Missouri. sequestration, and then she was denied when the system is failing them. In- Mr. BLUNT. Madam President, first the extension of her unemployment stead, we are going to blame them for of all, on the bill before us, we should benefits. Without the additional unem- not finding jobs that do not exist. It is be sure to continue to remember, if you ployment insurance, Vera and her fam- a beautiful circular argument where are an employee and do lose your job ily now need help to obtain food and you never have to help the people who today or tomorrow or in coming weeks, medical assistance. In the near future, are actually being victimized by a fail- in every State you immediately qualify Vera’s family faces the loss of their car ure in the economy. The truth is—and for 6 months of unemployment. In and their home. Thousands of families I restate this—when it went down to 3.8 States that have high unemployment in Massachusetts are facing similar but percent unemployment in 2000, employ- you immediately qualify for an addi- equally difficult decisions due to the ers called these people back and said tional 13 to 20 weeks. termination of this critical program. we want to put you to work, and the There are really two different de- Published reports say that unemploy- workers said, yes, we are ready to do bates going on here today. One is, is ment insurance kept 2.5 million Ameri- it. this really a long-term plan or a long- cans, including 600,000 children, out of Here we are, once again, back in this term policy? I suggest if this Congress poverty last year alone. That is why I cycle where too many people are point- and the administration spent the kind am a cosponsor of the Emergency Un- ing the finger at the worker when we of effort and time on what it takes to employment Compensation Extension know the worker will do the job. We create private sector jobs or encourage Act that Senators REED and HELLER have to be honest. The system, this the environment where that happens, have introduced, to reinstate and con- capitalist system, this interaction be- we would be spending our time much tinue Federal support for the emer- tween the government and capitalism more wisely than we are as we con- gency unemployment insurance pro- right now is not producing the jobs for tinue to perpetuate a program that the gram until the end of March. Under these workers. We have to work on majority would suggest should not that legislation, unemployed residents that. That is our responsibility. We even be paid for and many would sug- of Massachusetts such as Vera Volt should be humble enough to say that it gest is just not a program at all. would be eligible to receive up to 35 is the government, it is the private sec- Other things that are affecting our weeks of additional unemployment tor, not working together smarter—not economy is why I came to the floor benefits. harder—in order to accomplish these today. There are a number of things, Today, there are approximately 11.3 goals for all of these workers across from constantly talking about more million Americans out of work and our country. taxes to higher utility bills to more looking for a job. In Massachusetts, the If we did that, I think that ulti- regulation to, obviously, this over- unemployment rate is 7.1 percent and mately we would have the very inter- whelming discussion about health care. approximately 245,000 are looking for esting result, according to all econo- I noticed the majority leader this work. Unfortunately, in too many cit- mists, of actually injecting more fund- weekend said that roughly a third of ies such as Lawrence, New Bedford, and ing into the economy, creating more all the people who have been added to Springfield—all over Massachusetts jobs, not destroying an additional the insured roles because of the Afford- there are cities with much higher un- 200,000 or 300,000 additional jobs this able Care Act were because of a bill I employment rates. Those unemployed year because we did not inject the introduced in 2009 that would allow de- workers in Massachusetts and across funding that would be provided to the pendents or children to stay on their this country are finding it extremely unemployed that would be spent on the family policies longer. I was the only difficult to find a job in this market. economy that would keep it on the up- one who introduced that bill in the According to the Economic Policy In- ward tick it is on right now. House. I don’t think it was introduced stitute, for every one job opening there Instead, paradoxically, we are going in the Senate. I thought it was a good are 3.1 unemployed workers. So 2 out of to wind up with Republicans, if they idea then. I think it is a good idea now. every 3 job seekers have no job that are successful in cutting off this fund- Apparently, it is such a good idea that they can actually find. Yet we are ing for long-term unemployment, see- a third of all the people who have in- going to pretend that there is a job for ing unemployment actually rise in- surance that did not have insurance be- them to be able to find. stead of being lower. fore are just because of that bill. There are many people who believe We have to work together in a bipar- I have the bill before me. It was H. they are not working hard enough to tisan fashion in order to make smart Res. 3887. It is 31⁄2 pages that could have find a job. Let me tell you something. investments now that will create the passed by itself—not 2,700 pages, 31⁄2 Back in 2000, the unemployment rate in jobs, continue our country’s economic pages that would have added a third of the United States of America went recovery, and lower unemployment. I all of the people the majority of the down to 3.8 percent. Guess what hap- believe that our national strategy for Senate said had been added because of pened. People who were unemployed job growth must continue to emphasize the Affordable Care Act. No taxpayer took those jobs. When unemployment the areas where we excel as a nation. It money involved; 31⁄2 pages that would goes down to 3.8 percent, when the gov- is education, it is health care, it is not have disrupted anybody else’s in- ernment and the private sector are biotech, it is clean tech, it is tech- surance. doing their job, people come to work. nology in general, and it is the invest- There were other solutions out there In Massachusetts in 2000, unemploy- ment into these areas that continues that would have made a lot more sense. ment went down to 2.8 percent. People to give us the opportunity to be an en- I am tired of hearing from the adminis- were not hiding under their beds. Peo- gine for job growth in the world. tration that nobody else had any other ple were not pretending they could not But while we chase this dawn of a ideas. Apparently my idea was one- work. When the job was there, people brighter economy, we must not leave third of all the people who have been took it. This is not ancient history; behind millions of Americans and their added to insurance, according to the this is 2000, 3.8 percent unemployment, families. Let’s not punish those who majority leader. Apparently, I had a 2.8 percent unemployment for the are already the victims and who con- third of all of the ideas, and they were State of Massachusetts. People who are tinue to be the victims of a Wall Street in 31⁄2 pages with no taxpayer cost.

VerDate Mar 15 2010 00:17 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.004 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE January 8, 2014 CONGRESSIONAL RECORD — SENATE S93 Just as I suspect is the case with more than $1 million in order to keep that $150,000 is about three full-time every Senator, I am getting letters, providing insurance for their employ- teachers whom they won’t hire whom postings on our Facebook page, con- ees. The employer is still trying to do they might have been able to hire oth- tacts through all of the social media that, but the coverage is not what it erwise. every day, from Missourians who are was, the deductible is higher than it Barbara, from Novinger, MO, said: seeing this is not working out like they was, and one of the messages is ‘‘We For the first time in 50 years, my husband thought it was going to work out. At may not be able to do this much and I do not have health care. My hours have Ozark Technical Community College in longer.’’ been reduced from 40 to 28 hours a week and Springfield, MO, my hometown, the ad- Sabra and her husband, from Purdy, they pulled out our insurance at work. junct faculty there, as is the case in MO, were notified that they will lose Interestingly, employers who pro- many community colleges, has taught health care—and did lose their health vided insurance for years because they an awful lot of the courses. I think 58 care—on December 31 because of the thought it was the right thing to do percent of the courses taught are health care act. She said: and the competitive thing to do are taught not by full-time faculty mem- We live on less than $14,000. Now we are at now taking a different view of this bers but by part-time members. The a point where we have to make a choice, food when the government begins to tell problem is those faculty members are or medication, both of which I can no longer them what they have to do. now more part-time than they were be- afford. So I choose to go without the much I think it is one of the most inter- fore. Many of them were teaching 30 needed medication. esting applications of the health care credit hours per year prior to this year. Theresa’s husband—they are from law. When the government begins to But largely because of the Affordable Joplin, MO—lost his coverage on De- tell you what you have to do, then sud- Care Act, they are now teaching 24 cember 31. When she tried to sign up denly it is OK not to do anything ex- credit hours. They lost that percentage for health coverage at healthcare.gov, cept what you have to do. How do you of their work, that percentage of their she was told they were ineligible be- meet that criteria? How do you draw pay, that percentage of their ability to cause they were incarcerated. It turns that line? You have people work less work with and be dedicated to stu- out neither of them has ever been ar- than 30 hours, you don’t create new dents. rested or incarcerated at all, but they jobs, or you outsource your work. According to the Springfield news- were ineligible because they were in- Let me give three or four more exam- paper, the Affordable Care Act is one of carcerated. ples as I finish with my time on the the reasons that for those faculty I guess the greater point there is that floor. members, 58 percent of all the credit he lost his health care. She would not Sandra, from Springfield, is upset hours taught are taught by people have been on healthcare.gov and found that her health care plan will require many of whom were teaching 30 credit out—much to her surprise—that the them to have pediatric dentistry and hours and are now are teaching 24 cred- government believes she is incarcer- maternity care. it hours. There is only one reason that ated if her husband hadn’t lost his She said: they are working 24 hours a week in- health care at work. I’m upset that my health care plan will re- stead of 30, and that is because 30 is the Melanie, from St. Charles, MO, is a quire my husband and I to have pediatric point where benefits, according to the single mother of three. Her employers dentistry and maternity care that we do not Affordable Care Act, have to be offered cut her hours because of ObamaCare. need to have. at a level that is defined by the Afford- She is no longer able to work more I don’t know how many letters like able Care Act, not defined by the com- than 28 hours a week and had to find that all of us have received. The bene- munity college. two additional part-time jobs to make fits are supposed to be better than the In fact, some community college in up for the job she lost. insurance they had, but for a whole lot America, I am sure, gave some benefits Here is what she said: of people, it turns out these are bene- before for people who were part of the I feel like the government is working fits they simply don’t need. Suddenly, adjunct faculty, just not the benefits against me, and I am the person they say they are paying for benefits they don’t the Federal Government appears to they are trying to help. need, and people who don’t have insur- think are absolutely necessary. Jean, from St. Louis, said her insur- ance can have insurance once they get Let me go through a few emails from ance was canceled because of the Presi- sick. How is that supposed to make any people who reached out to our office in dent’s health care plan. The most simi- kind of economic sense or health care recent days. lar plan she could find in the exchange sense? Jeffrey, from Blue Springs, MO, is a to the one she had before cost $775 per Mark, from Chesterfield, MO, said small business owner who offers health month, which is more than double that his plan was canceled because his care benefits to his employees. Jeffrey what she was paying before the Afford- plan—back to my point, I suppose— said: able Care Act. didn’t meet the requirements of the It feels like a bait and switch. Get every- She said: President’s health care plan. one to drop the coverage they liked, then Why did we break a healthcare system that Here is what he said: stick it to them once company provided allowed people to find what they needed, in- My current plan will no longer be offered healthcare is no longer available. stead of just government making improve- after December of 2014. This is a direct con- When I was home—as I was for much ments to it? tradiction to President Obama’s promise of the break we just had—I asked peo- Jefferson City Schools, which is in that I could keep my plan. ple: What are you doing with your the same city as our State capital, said Some people lost their insurance on health care? Employer after employer the health care plan will cost their December 31 of last year. Other people who doesn’t have 50 employees and is school district $150,000. They have to have already been told they are going not impacted by this is saying: I think pay for health insurance for substitute to lose their insurance December 31 of the government is about to take this teachers, which they didn’t pay for in next year. over, and before they get in, I am get- the past. There are people who are lis- This letter is from somebody who ting out. tening to this who will think: That is works at the Ozarks Medical Center The 12 people at the dentist’s office fine; they are paying for substitute and lives in West Plains. and the 36 people at the radio station teachers. Many of those substitute We are a sole community provider, with either lost their health care January 1 teachers are no longer allowed to work the closest hospital providing the same level or already know they are going to lose 30 hours a week in school districts all of care or above over 100 miles away. The it next January 1, and the only reason over America, and then there are oth- loss of this healthcare system will devastate is the so-called Affordable Care Act. ers in districts, such as this one, where the economics of this community and sur- Marsha, out of Auxvasse, MO, has it costs $150,000 more than it did. rounding communities. three children who are all under the The district officials in the article I What we are going to find is a system age of 5. Her husband’s employer has read didn’t go as far as to say the Fed- that is not designed to meet the needs been informed that because of eral Government is hurting more than of the people of the country. What we ObamaCare, they will have to absorb it is helping, but they did point out could have done is we could have given

VerDate Mar 15 2010 00:17 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.005 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE S94 CONGRESSIONAL RECORD — SENATE January 8, 2014 them more choices to figure out what growth and discourage job creation and nomic recovery and the high rate of they need to meet their needs instead expect the economy to grow and jobs to unemployment, which is up around 7 of coming up with a system that sim- be created. Let me say that again. You percent, including the largest number ply is going to leave so many people can’t adopt policies that actually dis- of people who simply dropped out of who had insurance 2 years ago without courage small businesses from starting the workforce in the last 30 years, insurance 2 years from now. Surely a business or growing their business known as the labor participation rate. that wasn’t the goal, but people in this and creating jobs and expect jobs and There are a lot of reasons for why we Chamber and Washington, DC, had bet- economic growth to follow. What that find ourselves where we are now. But ter wake up and figure this out. Wheth- means is that, notwithstanding the adding benefits for people not to work er that was the goal or not, it is going good intentions of those who embrace and not dealing with the underlying to be the result if we don’t do some- some of these policies, they are actu- problem of slow economic growth and thing about it. ally hurting the unemployed no matter people being discouraged from creating The best thing to do is to start over— how many times they want to extend new jobs or making full-time work now that we have learned all we have unemployment benefits on a long-term part-time work—we need to be looking learned over the last 4 years—and basis. Unfortunately, that is exactly at the root causes of the problem as make changes to the best health care what the Obama administration has well as the problems and the policies of system in the world that will make it done time and time again. this administration time and time even better and work for more people. Let me say that I am confident Presi- again. I yield the floor. dent Obama would like to help people The majority leader and his allies The PRESIDING OFFICER. The Re- who can’t find work. I am sure the want to extend benefits for 3 more publican whip. President believes as well that months—3 more months. This is on top Mr. CORNYN. Madam President, de- ObamaCare will improve the health of the 26 weeks which are part of the spite the differences between the dif- care system for 300-plus million Ameri- basic unemployment compensation ferent sides of the aisle on the under- cans. The problem is that we have seen package. But my question is, if we lying legislation—particularly on the that this experiment in big government want to extend it for 3 months, where refusal so far of the majority leader to and government takeovers—whether it will we find ourselves 3 months from is of the health care system or through actually pay for the $6 billion cost of now? Will we be met with yet another a $1 trillion stimulus package—simply the 3-month extension of long-term un- request for the extension of long-term has not worked. At some point good in- employment benefits and adding that unemployment benefits that adds an- tentions have to give way to reality $6 billion to the $17.3 trillion national other $6 billion to the deficit? What and the facts, especially when those debt—I am confident both parties good intentions are not translated into about 3 months later? would like to find a way to deal with I hope I can be forgiven for saying good results. the problem of America’s long-term Let me give one example. Recently, I this feels like a political exercise more unemployed. was in Tyler, TX—which is over in than a sincere effort to deal with the There are people who don’t nec- northeast Texas near Louisiana—at a underlying problem of joblessness in essarily want to collect unemployment restaurant doing a roundtable on the our country, particularly since we are benefits because they want a job and impact of the Affordable Care Act, or $17.3 trillion in debt, something the they want to work. They want to pro- ObamaCare, on employers, such as the President seems to not care one bit vide for their families. owner of the small diner where we met. about. Also, as the Federal Reserve be- Even as we stand here and debate yet He told many tales, but one story that gins to wind down their bond-buying another extension of Federal unem- stuck in my mind was of a single moth- program, we are going to see interest ployment benefits, it is important that er who, instead of working her normal rates go up and we are going to end up we keep the big picture in mind. Obvi- 40 hours a week, was relegated to a spending more and more tax dollars ously, what we are talking about—just part-time job of 30 hours a week, and just to pay our creditors for the debt to remind everybody—is the basic un- that is in order for her employer to while we ought to be focused on dealing employment program, which provides avoid the penalties and mandates of with some of the root causes of unem- half a year or 26 weeks of unemploy- ObamaCare. So what this single mom ployment. ment benefits. Democrats want to ex- has to do in order to compensate for Let me get back to my point. Some tend that emergency measure, which her lost income is to find another part- Republicans have offered to find ways was enacted after the fiscal crisis of time job. So instead of working 40 to pay for this 3-month extension. My 2008 and now appears to be permanent. hours at one job, she works 60 hours at impression is that if that were done, it We have spent $250 billion since 2008, two jobs in order to make up for that would probably happen—for 3 months. and to continue to recklessly borrow lost income. Here again, if the Presi- But we have also suggested long-term money from our creditors, such as the dent and his allies think we are going reforms that would make our system of Chinese, and others, and leave it for to make up for the lost wages this sin- unemployment insurance more effec- our children to pay back—how respon- gle mom is making by having her tive. Senator ALEXANDER, a former sible is that? workweek cut from 40 hours to 30 Secretary of Education and former The best way to help the unemployed hours, I think they need to think Governor of Tennessee, discussed yes- and the best way to help Americans again. That is what I mean when I say terday at our conference lunch some and America is to increase economic the policies of this administration have ideas he has, including making Pell growth and increase job creation. actually hurt the very people they now grants—I think they are in excess of We had a grand experiment known as say they want to help by increasing $5,000 per person—available so people the stimulus, which was back in 2009 long-term unemployment benefits. can study job retraining at community when we had $1 trillion worth of bor- It is true that facts are stubborn, and colleges during that 26 weeks of unem- rowed money. Grand projections were there is a mountain of evidence that ployment. So if they can’t find a job in made at that time that if the Federal says if we pay people too generously, it their existing field, they can learn new Government would just spend borrowed actually discourages some people from skills that will allow them to get well- money rather than have the private actively seeking employment. In fact, paying jobs in another field, using sector do it, we would see unemploy- several years ago, President Obama’s those Pell grants for job retraining. ment rates plummet, and, of course, own former chief White House econo- There are a lot of good ideas about that has proven not to be the case. In mist said that ‘‘job search is inversely how we can improve the unemployment fact, this economic recovery after the related to the generosity of employ- system if, in fact, the majority leader great recession of 2008 has been the ment benefits.’’ Translated, that means will just allow it. He remains agnostic, slowest economic recovery we have if we pay people too much not to work, I would say, at this point about wheth- seen since the Great Depression back some people are going to be persuaded er he is even going to allow us to offer in the 1930s. not to look for work. amendments to pay for the 3-month ex- Congress and the Federal Govern- Indeed, I know there are perhaps tension or some of these good, solid ment can’t adopt policies that hamper many explanations for the slow eco- ideas of dealing with the root problems

VerDate Mar 15 2010 00:17 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.007 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE January 8, 2014 CONGRESSIONAL RECORD — SENATE S95 rather than just continuing to treat one. The Senator from New Hampshire the problem is that flies in the face of the symptom with the same lack of has one. So these are at least 11 ideas. the facts. In a recent study in Oregon, success in terms of decreasing jobless- If the majority leader would allow us Medicaid recipients in Oregon went to ness and getting the economy back on to actually have a real debate as op- the emergency room 40 percent more track. posed to a political exercise, I believe frequently than people without health I know many of our colleagues on the we could come up with a bipartisan insurance. One might ask why in the other side share these same goals. Yet consensus that would actually help world would they go to the emergency the majority leader has made it clear deal with the underlying problem and room for routine care if they have Med- this week that he is more interested in not just treat the symptoms in a way icaid coverage? Because they can’t find rhetoric and political gamesmanship that ignores those root causes. a doctor to see them at Medicaid than in real reform. That is why I ob- Let me get back to what I think is prices. Again, ObamaCare is creating jected on Monday night when 17 Sen- cause No. 1 for the difficulties many the illusion of access but with no real ators were missing. The majority lead- small businesses are having and the access to care but for through the er wanted to have a vote on cloture difficulties many people who work for emergency room. that was doomed to fail. Why? Not be- those small businesses are having; that There are much better ways to ex- cause he was interested in a real solu- is, ObamaCare. I realize some people pand health coverage than simply tion but because he wants a ‘‘gotcha’’ would like us to believe this is all pushing Americans into a dysfunc- moment, to say, look, with 17 Senators about the Web site and once the Web tional safety net program that is sup- missing, the 60-vote threshold for clo- site gets fixed it is all going to be posed to help the most vulnerable in ture was not going to be achieved. hunky-dory, regardless of the fact that our society but which does not. Our What possible purpose could be served more people have lost their current side of the aisle made that argument by having that vote then instead of coverage by cancellation than have consistently 4 years ago, but the Presi- doing it on Tuesday? The vote was been signed up on the ObamaCare ex- dent and his allies chose not to listen moved to Tuesday, at which time that changes. and decided to go it themselves on a 60-vote threshold was met. The only The administration seems particu- purely party-line vote when conclusion I can draw is the majority larly proud of the fact that ObamaCare ObamaCare was passed. Maybe after leader was interested in a ‘‘gotcha’’ has added hundreds of thousands of voters render their verdict on moment instead of a real solution. For- Americans to Medicaid. As we all ObamaCare in November, we will have tunately, he reconsidered and moved it know, this is the safety net program another chance to revisit this issue. to Tuesday. designed to help low-income people. Rather than asking the States to ex- So far, the majority leader is refus- The problem is Medicaid itself is a fun- pand their existing Medicaid Programs, ing to pay for this extension of bene- damentally broken program that is the Federal Government should give fits. They are refusing to change the failing our neediest citizens. The prob- each State greater flexibility to design program by modernizing it, making it lems with Medicaid are a stark re- a program that meets those States’ more efficient, and helping people minder that access to coverage does needs. What works best in Texas may learn new skills so they can get back not mean the same thing; access to not work as well in New York and vice to work, and they are refusing to con- coverage is different from having ac- versa. What we ought to do is give the sider any other ideas than those cess to care. States a defined amount of Medicaid cooked up in the majority leader’s con- Here is what I mean by that. In Texas funds with very few strings attached so ference room behind closed doors. only about one-third of doctors will see they can create innovative programs I have in my hand 11 Republican a new Medicaid patient. Someone that provide quality care. One of the amendments, many of them are bipar- might say that doesn’t make much good things about doing that is the tisan or they enjoy bipartisan support. sense. It does if we consider the fact States would actually be the labora- For example, Senator PAUL from Ken- that Medicaid—this government pro- tories of democracy we have talked tucky has the Economic Freedom gram—pays doctors about 50 cents on about from time to time, where we can Zones Act. I saw the President an- the dollar of what a private insurance actually learn from best practices and nounce this morning—I think there coverage would pay, and because it re- innovations, and other States can then were five and he calls them by another imburses at such a low rate, some phy- use that knowledge to improve access name—basically, the same sort of con- sicians have simply said: I can’t con- to quality health care at a more afford- cept, looking at blighted areas and try- tinue to add new patients to my prac- able price. ing to provide incentives for invest- tice and be compensated 50 cents on I will tell my colleagues that despite ment and job creation in those areas of the dollar. So they have limited their all of our differences over ObamaCare, high unemployment. So Senator PAUL practice. That is what I mean when I Republicans and Democrats alike both has a bill that would deal with that. say there is a difference between access want to find a way to make health care Senator PORTMAN from Ohio has a re- to coverage and access to care. more affordable and more accessible. form that would prohibit simultaneous Medicaid is sorely in need of reform. Unfortunately, ObamaCare has proven collection of disability benefits and un- All across the country, Medicaid pa- not to have worked out as the most ar- employment. That is double-dipping, it tients have been forced to endure the dent advocates hoped or promised. seems to me, and something we ought humiliating experience of walking into Republicans believe the best way to to be dealing with. a doctor’s office and then getting achieve these goals is to leave the Senator MORAN of Kansas has a bill turned away because the office doesn’t choices in the hands of patients. That he calls the Startup Act 2.0, which is a accept Medicaid for the reason I men- is the fundamental difference between jobs bill. tioned. ObamaCare and the alternatives. The Senator COATS of Indiana wants to We have also seen lawsuits brought President wants the government to offset the extension of unemployment by providers and patients against their choose the plan, to choose the doctor, insurance by delaying individual and own State Medicaid Program, saying and to make those decisions for pa- employer mandates for 1 year. The the reimbursement rates are so low, tients. We think it is better to leave President has already done that unilat- doctors can’t actually see patients at those choices in the hands of patients, erally for employer mandates. Why not that price. In Texas, a 2012 survey con- in consultation with their own per- delay the individual mandate for 1 year ducted by the Texas Medical Associa- sonal physicians—a doctor they have and use that to offset this extension for tion shows that a large majority of come to trust over the years—to help 3 months of unemployment insurance? Texas physicians agree that Medicaid counsel them on what are wise health So there are plenty of ideas out is broken and should not be used as a care choices for themselves and their there. I mentioned some of them. Both mechanism to reduce the uninsured. families. We can add to that by in- of the Senators from Oklahoma have Despite all of that, there are those who creasing transparency and enlarging a amendments that would be good say that ObamaCare’s Medicaid expan- real marketplace so people can shop, as amendments to offer on this legisla- sion will help hospitals cope with ex- consumers do day in and day out. We tion. The Senator from Louisiana has cessive emergency room visits. Again, know that kind of transparency in

VerDate Mar 15 2010 00:17 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.008 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE S96 CONGRESSIONAL RECORD — SENATE January 8, 2014 terms of price and competition, when it Senate to work its will on a bipartisan families we represent. To that end, I comes to people providing a service, basis. That remains to be seen. If he am focused on my opportunity agen- improves the quality, and it lowers does not—and recent history does not da—a blueprint of commonsense poli- costs. That is what our market econ- give me a lot of optimism that he cies designed to expand economic op- omy teaches us. We know, I would hope will—then I think it will become even portunities for Hoosier workers and by now, the answer is not to place more transparent that this is not an workers all across our country, for more people into a broken government exercise in trying to help people who businesses, and for their families in program that takes their choices away. are out of work. This is an exercise in four critical areas where we can help As I said earlier, good intentions do trying to politicize this in a way that create more good jobs: No. 1, going all- not always produce good results. But I distracts attention from the epic fail- in on American energy; No. 2, pro- would hope we would learn from our ure of ObamaCare and its wet blanket viding American workers the training mistakes as individuals, as a Congress. effect on the American economy and necessary to fill the jobs available The results of the last 5 years include job creation. today; No. 3, investing in our infra- some pretty miserable outcomes that I So I guess hope springs eternal. You structure; and, No. 4, keeping our coun- would hope would cause us to recon- cannot serve in this body and hope to try competitive through exports and sider, as we go forward together, to try make a difference in the lives of the innovation. to address the problem of chronic job- American people without being an opti- Why are these four areas important lessness in our society. mist by nature, but, unfortunately, in to families across our country? As the As I said, the last 5 years have given the case of the majority leader and Presiding Officer knows, a strong do- us the longest period of high unemploy- this, there is some doubt in my mind. mestic energy economy is at the foun- ment since the Great Depression, a I hope he proves me wrong. I hope he dation of our potential for economic massive decline in labor workforce par- will open this up to an amendment success. Affordable, reliable energy al- ticipation. The percentage of people ac- process that will allow us to deal with lows families to heat their homes and tually looking for work has declined to the root causes and will not just be an- to travel to work and to school. Afford- a 30-year low. It has also given us grow- other exercise in gotcha Washington able, reliable energy ensures businesses ing income inequality—the thing the politics. can manufacture products efficiently, President says he cares the most I yield the floor. on time, and can compete in our global about, but he does not offer any pro- The PRESIDING OFFICER. The Sen- economy. Affordable, reliable Amer- posals that deal with the underlying ator from Indiana. ican energy ensures that we are invest- cause, merely treating the symptoms Mr. DONNELLY. Madam President, ing our money here at home rather by paying people extended unemploy- family is important to Hoosiers. We than each year sending hundreds of bil- ment benefits. work hard every day to care and to lions of dollars overseas to buy energy We have seen an explosion of job-kill- provide for our loved ones and to give that is already here in the United ing regulations. I am reminded when I our children and grandchildren the op- States. The production of affordable, see the Presiding Officer that I think portunity to live healthy and fulfilling reliable American energy here at home the city with the lowest unemployment lives. creates jobs here at home, not over- rate in America is Bismarck, ND, if I We also recognize that strong fami- seas. am not mistaken. Close behind that is lies are often built on good jobs. Good Our country is blessed with abundant Midland, TX. The two things they have jobs allow us to put food on the table, energy resources. In fact, in my State in common are the shale gas renais- educate our children, and ultimately of Indiana, we produce coal, biofuels, sance and the jobs that have been cre- retire in dignity, and good jobs are, of wind and solar energy, and natural ated by unleashing this great American course, critical for stronger commu- gas—and we can do more. job-creating machine and particularly nities and a vibrant economy. It all Going all-in on American energy also in the energy sector. So what we need starts with jobs. Without good jobs, means establishing smart regulations to do is look for ways to avoid some of nothing else works. that protect our environment while the job-killing regulations, which As I have said before, most Ameri- also allowing our economy to grow. My make it harder, not easier, to produce cans think Congress can do some- home State of Indiana is a large pro- those jobs in places such as North Da- thing—even if it is just not doing any ducer of coal, as I know the Presiding kota and Texas. harm—to help create jobs and Officer’s home State of North Dakota We have also seen millions of can- strengthen our economy. Unfortu- is. We are annually in the top 10 of celed health care policies, millions of nately, over the last year, the partisan coal-producing States in the Nation. people with higher premiums, not gridlock that has too often defined The coal industry supports over 3,000 lower premiums like the President of- Congress has been in full force. jobs in 10 southwestern Indiana coun- fered and promised. We have seen an During the starkest example of the ties and contributes over $750 million unprecedented increase in our national gridlock, the government shut down. A to our State’s economy. debt and an incredible complacency poll found that Americans cited Con- Hoosiers count on the affordable, re- when it comes to adding $6 billion more gress as the single biggest threat to liable energy from our home State to our national debt for a 3-month ex- our economy. That should have been a coal. This is why efforts to regulate tension of long-term unemployment wake-up call for all of us, a clear signal carbon dioxide emissions at coal plants benefits. to collectively focus on working to- should be realistic about the tech- We have seen, not surprisingly, asso- gether to give our families the oppor- nology that exists now and not nega- ciated with all of this a huge erosion in tunity to compete and succeed in the tively impact our economy. If we do the public trust in the Federal Govern- American economy. not address these standards in a com- ment. That is why this side of the aisle Opportunity means creating the con- monsense way, the affordable, reliable has been pushing, and will continue to ditions for businesses to expand and to energy that Hoosier families and busi- push, a new set of policies that address hire more workers. It means an eco- nesses depend on is in doubt. We should the biggest concerns of the American nomic environment that encourages also continue full speed ahead on tech- people and the biggest challenges fac- the private sector to invest and inno- nology efforts that will make coal a ing the American dream. vate in an ever-changing global econ- cleaner and cleaner energy source for The only question is this list of 11 omy. It means providing American all of our energy needs in the years bills that Senators on this side of the workers with the training they need to ahead. aisle would like to offer on this under- get the skills and education necessary Indiana is also a leader in biofuel lying legislation, not just to treat the to fill the jobs available today and to production, where more than 600 Hoo- symptoms of unemployment, but actu- adapt to fill the jobs and careers of the siers work at 13 ethanol plants and 5 ally deal with the root causes—whether future. biodiesel plants across our State. I the majority leader is going to allow As we start a new year, I encourage have seen firsthand the good work those amendments to be taken up, de- us all to refocus our efforts and our at- being done at many of these plants. bated, and voted on, and to allow the tention on our responsibilities to the They use products grown here at home

VerDate Mar 15 2010 00:17 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.009 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE January 8, 2014 CONGRESSIONAL RECORD — SENATE S97 to produce fuel here at home, to power factured goods exports support nearly and innovation, we can help lower un- vehicles here at home. 23 percent of Indiana’s manufacturing employment and build a stronger econ- With ethanol and other biofuels, we jobs. That is much higher than the na- omy. are not, again, sending our hard-earned tional average. Small businesses ac- I yield the floor. money overseas. We are putting our count for nearly 17 percent of our ex- The PRESIDING OFFICER (Ms. neighbors to work. We are putting ports. We need to do more to promote BALDWIN). The assistant majority lead- their hard work into creating more en- the good work of these Hoosier busi- er. ergy and more opportunity in our com- nesses. Mr. DURBIN. Madam President, 50 munities and across our country. This American businesses are competing years ago today, in his first State of industry is another example of Amer- in an increasingly challenging global the Union Address, President Lyndon ican-made energy and American-made economy, and we must promote a glob- Johnson committed America to what entrepreneurial leadership. al economy that is built on responsible he called a war on poverty. Over the Second, it is very important we help and fair trade policies. I am a longtime next several years, America conducted our workforce hit the ground running supporter of cracking down on cur- the most ambitions, determined, and by improving workforce development rency manipulation, which results in successful campaign in history to re- and training. The Department of Labor an unfair playing field for American duce poverty since the Great Depres- estimates there are 3.9 million job manufacturers. sion. openings in the United States right The Economic Policy Institute esti- Later today, my friend Senator HAR- now, despite a national unemployment mated that if we address global cur- KIN, the chairman of the Senate HELP rate of 7 percent and millions of Ameri- rency manipulation, we could reduce Committee, will speak in detail about cans looking for work. the U.S. goods trade deficit by up to the accomplishments of the war on Estimates by the Manufacturing In- $400 billion and create several million poverty. I hope my colleagues will lis- stitute indicate there are as many as jobs right here at home, reducing our ten closely. Senator HARKIN himself 600,000 job openings in our country that national unemployment rate. I have has spent over four decades in Congress remain unfilled because employers can- supported enhanced oversight of cur- working to make sure these anti- not find workers who have the nec- rency exchange rates, including new re- poverty programs continue to work. essary skills to do that job. We must quirements that the Commerce Depart- We believe on our side of the aisle make a better effort to close this skills ment investigate claims of undervalued that we have to be careful in spending gap. foreign currency at the request of U.S. taxpayers’ dollars. But we also believe I often hear from Hoosier business industry. in a safety net, a safety net for those owners, educators, and workers about I also support using U.S. trade law to Americans who, because of cir- the pressing need to close the skills counter the economic harm to U.S. cumstances beyond their control, need gap and have people trained in all of manufacturers caused by this currency a helping hand. I once worked for a these opportunities and skills. Workers manipulation, and tools to address the man who served in the Senate. He was need to know that the time they spend impact of this misalignment of cur- my inspiration to enter public life. I training is more likely to lead to em- rency on U.S. industries. We all know am honored today to have his Senate ployment in a good-paying job, as em- good trade policies create good jobs, seat. He was Paul Douglas of Illinois. ployers are more likely to hire people fuel economic growth, and benefit con- He once said, ‘‘To be a liberal one does they know have the training that is sumers both at home and abroad. Yet not have to be a wastrel.’’ He went on needed to be productive on day one. we also must remember that trade only to say, ‘‘We must, in fact, be thrifty if Third, it is important we invest in in- works when everyone is playing by the we are to be really humane.’’ I think frastructure. Indiana is called the same rules. we can balance both. We can help peo- ‘‘Crossroads of America.’’ In order to That is why I testified before the ple who need a helping hand, but we live up to our name, we need the best U.S. International Trade Commission can do it without wasting taxpayers’ roads, the best rail, the best airports, regarding the importance of maintain- dollars. the best waterways so we can continue ing existing antidumping and counter- So what did this war on poverty of 50 to expand our logistics and other trans- vailing duty orders against unfairly years ago, that has been much ma- portation industries. Today, 22 percent traded imports of hot-rolled steel. The ligned, achieve? Medicare. Medicaid. of our bridges are structurally defi- steel industry supports over 150,000 jobs The Head Start Program. The Elemen- cient or functionally obsolete. Seven- in Indiana. These trade orders help tary and Secondary Education Act, teen percent of Indiana’s roads are in maintain a level playing field for an al- which was the first time our Nation poor or mediocre condition. ready vulnerable domestic steel indus- committed the Federal Government to A good way to create jobs in Indiana try. Given a level playing field, Hoosier helping local school districts; special and across the country is to establish workers can compete with anyone in education legislation, the Higher Edu- the right conditions for investment in the world, which is why I was pleased cation Act, which increased grants, our country’s infrastructure. I have the ITC ruled that these trade orders loans, and work-study opportunities. and will continue to support encour- would be maintained. My story is a story that many can re- aging investment by requiring govern- It is critically important that our in- peat. I went to college and law school ment agencies to work together to cut tellectual property is also respected borrowing money from the Federal redtape, set deadlines, and increase and is also protected. We have a lot of Government. It was called the National transparency. work to do, but I am hopeful that Con- Defense Education Act. I borrowed We should be building things in this gress can learn from last year’s dys- money to get through college and law country, and that means expediting the function and start this year in a bipar- school; otherwise, I could not have transportation, energy, and other in- tisan way. Senators from both parties done it. The deal was that starting a frastructure projects that strengthen can agree, there is nothing more im- year after graduation, you paid it back our economy. portant to American families and over 10 years at 3-percent interest. I Finally, it is important we keep Hoo- American communities than good jobs. like to think that loan from the gov- sier and all American businesses and They want us to work for them and not ernment, which I paid back, was a good industries competitive through the worry about politics. investment. It sure was in my life, for promotion of exports and innovation. I look forward to continuing these my family, and I hope some people in We produce some of the best quality opportunities and these efforts under Illinois might think it was a good in- products in the world—from auto- my opportunity agenda. By working on vestment for the Nation. But it is an mobiles, to agricultural products, to commonsense, bipartisan ideas to go indication that a helping hand from medical devices—and we should con- all in on American energy, to give the government can make a difference, tinue to look for opportunities to sell workers the tools they need to hit the a profound difference in a person’s life. these products to the rest of the world. ground running, to invest in our infra- Before the Higher Education Act and Manufacturing accounts for a big structure, and to keep homegrown the war on poverty, just over 9 percent portion of Indiana’s exports, and manu- businesses competitive through exports of Americans had college degrees.

VerDate Mar 15 2010 00:17 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.011 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE S98 CONGRESSIONAL RECORD — SENATE January 8, 2014 Today almost one-third of Americans Government created Medicaid for the mental point that many on the far have at least a bachelor’s degree. There poor and disabled. right do not seem to understand. Help- has been no act of Congress, since The idea or some variation on it ing to reduce poverty and create oppor- President Lincoln pushed through the seems to be the position of many of our tunity in America is going to help us land grant college system during the friends across the aisle. When it comes all. All of us. It creates a stronger Civil War, that has done more for high- to government efforts to reduce pov- economy. er education to democratize it and to erty and create opportunities for mid- I know PAUL RYAN. He is my neigh- give us the scientists, doctors, and dle-income and poor families, they bor, being a Congressman from the other educated citizens we need. seem to think these programs are just neighboring State of Wisconsin. I like Before the war on poverty, before the going to reward the lazy. him. We served on the Simpson-Bowles Higher Education Act, before Federal We are in the middle of a debate Commission together. He is thoughtful. loans for students, take a look at the right now on unemployment benefits. We disagree on a lot of issues, but he is colleges and universities. It was the The belief on the Republican side of the a thoughtful, conscientious person. But province of those who were well-off. It aisle is, if you give people enough when he calls America’s social safety was the province of great alumni who money to pay their rent and their util- net a hammock that creates depend- took care of their sons and daughters. ity bills, to put gas in their cars, those ency and perpetrates poverty, he is just It was a very sophisticated group of lazy people will never go to work. plain wrong. people who went on to higher edu- I do not believe that. Will there be Opponents of government action who cation. It did not include a lot of folks people who cheat the system? Of look at the fact that there are still like me, the son of an immigrant course. There are wealthy people poor people in America and conclude woman who grew up in East Saint cheating our tax system. But the fact that therefore the war on poverty Louis, IL. But I got my chance, and is, the vast majority of Americans failed are just as wrong as he is. The millions like me got their chance, be- given a helping hand want to get back official poverty level looks only at cause of the war on poverty, because of to work. cash income. It does not take into ac- count noncash benefits such as SNAP the Higher Education Act, and because The extension of unemployment ben- or housing assistance. of the thoughtful programs of this Fed- efits is the humane and right thing to A recent analysis by the Center on eral Government that gave me and do. It used to be the bipartisan thing to do. Right now, we are divided. We could Budget Policies and Priorities used a many others a helping hand. broader, more accurate measure of pov- What else was in the war on poverty? only get six Republicans to step up to erty called the supplemental poverty The Civil Rights Act of 1964, one of the extend unemployment benefits in measure. That measure looks not just most transformative laws in our his- America. Those benefits are now cut at cash income but noncash benefits. tory; the Voting Rights Act of 1965, off at 27 weeks. The average person is Using this more accurate measure, the which some view as the most impor- out of work in our country for 38 center found that government benefits tant civil rights legislation in our his- weeks. I have met them and I have elevated 40 million Americans out of tory; the Fair Housing Act of 1968; we talked to them. Perhaps people on both sides of the aisle should. These folks poverty in 2011. expanded efforts to feed families who We have these Republican critics of want to get back to work. They are were hungry; we created the food the food stamp program who say: It is desperate to get back to work. But if stamp program, now known as SNAP; just plain wrong that so many people you do not give them unemployment and we created the School Breakfast are drawing food stamps. They ought Program. benefits they cannot put gas in the car, to go out and meet these people. Who How important is the School Break- they cannot pay for their cell phone. In are these people? Out of the 43, 44 mil- fast Program to America and to edu- this day and age, as Senator REED of lion Americans drawing food stamps, cation? Visit a school. Meet the kids. Rhode Island said on the floor, that is over half of them are children, depend- Talk to the teachers about what a well- how you go to work and find a job. You ent children who are receiving enough fed child is as a student compared to need to have your cell phone and your money through the food stamp pro- one who has stomach pains from lack car to get up and go. It is not a matter gram for their parents to put food on of breakfast and lack of food. of taking a bus and filling out an appli- the table. There is also a large portion A few years ago there was an inter- cation on a clipboard any more. We of them who are elderly and disabled, esting exchange, not surprisingly on need to give those folks a helping hand. and a large portion, 1 million, who are the Glenn Beck show on Fox. There Government needs to do it, because at veterans. Those are the recipients. was an actor on there who was really this point in their lives they des- Many of those who qualify for food upset about the growing role of the perately need it. stamps are working. They are not get- Federal Government. Here is what he I say to my friends in the right con- ting a very good paycheck. They are said, this actor on Glenn Beck’s Fox servative circles, put down those Ayn earning the current minimum wage, News show: Rand books for a minute and take a which is not enough to get by. Food We are a capitalistic society. Okay. I go look at the real world and listen to stamps give them a little extra help into business and I don’t make it, I go bank- some real economists too. The non- each month to keep food for their fam- rupt. They, the government, aren’t going to partisan Congressional Budget Office bail me out. ily. That is the reality of low-income, tells us that extending unemployment hard-working Americans, a reality And then he added: benefits for the long-term unemployed which sadly this Chamber is removed I have been on food stamps and welfare. will create 240,000 jobs in America. from many times. This Chamber does Anybody help me out? No. How is that possible? How can spend- not realize what people are up against. Wait a minute. He was on food ing $26 billion on unemployment bene- Social Security has had the largest stamps and welfare. That came from fits create jobs? I thought these folks impact of any program. But means- the same government he was just ma- were out of work. What do they do with tested programs, such as SNAP, the ligning. Let me repeat that. This con- the money they receive in unemploy- earned income child credit and the servative actor said: ment benefits? Do they put it into the child tax credit, lifted 20 million Amer- I have been on food stamps and welfare. stock market, into their savings ac- icans, including 81⁄2 million children, Anybody help me out? No. count? No. They spend it. They buy out of poverty. When the Republicans That is an indication of how people clothes for their kids. They pay the in the House particularly want to cut get so far afield when they criticize the utility bills. They fill up their cars back on these programs, they are going government without pausing to reflect. with gas. They put it right back in the to push these hard-working, low-in- Folks used to say to us during the economy because they are living lit- come families deeper into debt and fur- course of this health care debate: Keep erally day-to-day. So 240,000 jobs will ther away from the basics they need in government out of my Medicare. My be created if we extend unemployment life. Medicare is important to me. Do not benefits. For those who say we should The poverty rate in America is al- mess it up. Do not let government— not, sadly they are reducing the num- ready too high. Growing income in- government created your Medicare. ber of jobs available. That is the funda- equality should be an embarrassment

VerDate Mar 15 2010 00:17 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.012 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE January 8, 2014 CONGRESSIONAL RECORD — SENATE S99 to all of us. Lifting 40 million Ameri- this time of year when most of this eliminate the personal responsibility cans out of poverty through the war on country is facing bone-chilling cold in section when it comes to the Afford- poverty programs and government as- Wisconsin and Illinois—we just went able Care Act, we want to eliminate sistance is an undeniable success. through it this week. I have never seen the so-called individual mandate, and Without the public social safety net, conditions such as this that I can ever that is how we will pay for 1 year of un- the poverty rate in America would be remember—and to think that it might employment benefits. nearly twice what it is today. be part of an unemployed worker’s What Senator MCCONNELL was sug- Joe Califano served as the Secretary family, wondering if they might be able gesting was reintroducing into health of Health, Education, and Welfare to pay that utility bill, keep the kids insurance this discrimination against under President Johnson. Here is what warm, put some food on the table, people with preexisting conditions for he said 15 years ago: while they look for a job—and we pick 300 million Americans as a way to pay If there is a prize for the political scam of this moment in time to cut unemploy- for 3 months or 1 year of unemploy- the 20th century, it should go to the conserv- ment benefits. ment benefits. That is a terrible trade- atives for propagating as conventional wis- We are a caring and compassionate off. dom that the Great Society programs of the nation. If we can’t stand behind those I know how much the other side 1960s were misguided and failed social experi- who are struggling at this point in life, hates and loathes the Affordable Care ments that wasted taxpayers’ money. who are we? What are we? There are all Act. A Senator from Arkansas, Dale Nothing could be further from the truth. In kinds of excuses that could be made, Bumpers, used a phrase often: They fact, from 1963 when Lyndon Johnson took but at the bottom line it gets down to hate the Affordable Care Act like the office until 1970 as the impact of his Great something very basic. devil hates holy water. Society programs were felt, the portion of But the fact is to turn on 300 million Americans living below poverty dropped John Kasich is the Governor of Ohio. from 22.2 percent to 12.6 percent, the most He and I came to know one another Americans and to remove their protec- dramatic decline over such a brief period in when we were both elected to the tion under the Affordable Care Act this century. House of Representatives some years against discrimination based on pre- Califano went on to say: ago. He is a Republican. He is one of existing medical conditions to pay for unemployment benefits—what a Faust- This reduction in poverty did not just hap- the few who won in 1982 and went on to pen, it was the result of a focused, tenacious become Governor of the State. ian bargain. effort to revolutionize the role of the Federal He had a moment of reflection the Is that the best the other side can Government in a series of interventions that other day, which I will paraphrase. He come up with? It isn’t. literally enriched the lives of millions of said: I would like to say to my Repub- The best they can come up with is to Americans. lican friends, when you die and get to stand by these people, the less fortu- Some of the critics say that it is the the pearly gates, St. Peter is not going nate people among us struggling to job of churches and charities, not gov- to ask you how much you invested in find work and give them the basics of ernment, to help those who have hit a your life in making government small- life, give them the necessities they rough patch in life. er, you are going to be asked what did need to get by. I am confident they will One of my ‘‘sheroes’’ in life is a you do to help the poor while you were find a job, get back to work, and they woman named Sister Simone Campbell. on Earth? will be taxpayers again someday. Let’s She is the director of NETWORK, a That is a legitimate question Gov- stand by them, their spouses, and their Catholic social justice organization, ernor Kasich raised, not only for Re- children in this time of need. and she is probably better known as publicans but for all of us. What have That is what happened 50 years ago the ringleader of the ‘‘Nuns on the we done to help those people who are with President LBJ’s State of the Bus.’’ struggling to get by—those who would Union address. That is what should Sister Simone Campbell testified last be very interested in a long-term de- happen today. I yield the floor. summer at a House hearing chaired by bate about growing our economy but are more interested in putting food on The PRESIDING OFFICER. The Sen- Congressman PAUL RYAN of Wisconsin. the table today. That is what it is all ator from Nebraska. She said that Bread for the World has Mrs. FISCHER. As we begin a new calculated how much money religious about. The war on poverty successfully year, the Senate returns with many institutions and charities would have raised Americans out of poverty. The significant challenges before us. One to raise just to make up for food stamp government stepped in when there was such challenge is the security of our cuts proposed by last year’s House Re- no place else to turn. That is truly the citizens’ private information. publican budget. role of government, to be there when Just before Christmas, news broke Sister Campbell said: Every church, there is no place else to turn. out that Target, a popular retail store synagogue, mosque, and house of wor- The American family, through its in Nebraska and all across this Nation, ship in the United States—every one of government, stood by those who were had experienced an enormous data them—would need to raise $50,000 each less fortunate. We have to do the same breach involving nearly 40 million year for 10 years to make up for pro- thing. debit and credit account numbers. That posed cuts that the Republicans want- I will close by saying the proposal is nearly 1 in 10 Americans who had ed to make in the food stamp program Senator MCCONNELL made yesterday their sensitive personal information in the House of Representatives. That troubles me greatly. He said: We will put in jeopardy. is only one cut that they have pro- pay for the extension of unemployment Between November 27 and December posed. benefits, $26 billion, but the way we 15, scammers silently stole massive To say that the charities of America, will pay for it—the Republicans sug- amounts of consumer information from which are legendary and well deserved gested—was to eliminate that section Target. The timing of this breach is in terms of their praise—to say that of the Affordable Care Act which guar- significant, not only because it hap- they can take care of this problem ig- antees that you can’t discriminate pened during the peak of the holiday nores the reality. against people because of preexisting shopping season, but also because this Denigrating and decimating anti- medical conditions. data is reportedly being sold on black poverty programs won’t reduce poverty What the situation was before this markets around the world. or create jobs or strengthen America’s law passed was, of course, if someone On December 20, Target announced: struggling and shrinking middle class. had a child with diabetes, if their wife ‘‘The information involved in this inci- As President Johnson said nearly 50 was recovering from cancer, they dent included customer name, credit or years ago: ‘‘Our time is necessarily might not be able to buy health insur- debit card number, and the card’s expi- short and our agenda is already long.’’ ance or if they did, it would be too ex- ration date and CVV.’’ So we ask our friends on the other pensive. We changed that. We said they It was further determined on Decem- side of the aisle to work with us to help can’t discriminate against people with ber 27 that encrypted PIN information, Americans. Please start off by extend- preexisting conditions. or encrypted personal identification ing unemployment benefits for 1.3 mil- Senator MCCONNELL came to the numbers, associated with that data was lion Americans. For goodness sake, at floor yesterday and said: We want to also stolen.

VerDate Mar 15 2010 00:17 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.013 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE S100 CONGRESSIONAL RECORD — SENATE January 8, 2014 This wasn’t only an attack on Tar- The protections and breach notifica- been involved in data security breaches get, which has 14 stores in my home tions standards for ObamaCare, which since 2005. In Verizon’s ‘‘2013 Data State of Nebraska, it was a crime people were forced into, don’t even Breach Investigations Report,’’ there against millions of hardworking citi- meet the minimum standards put in were more than 600 publicly disclosed zens. Let me be clear. It is also much place for the private sector. Every Ne- data breaches. more than just a mere inconvenience braskan, and every American, has the These are just the ones that are pub- for consumers. right to know if their private informa- licly disclosed. Yes, such thefts complicate the daily tion has been compromised because of The Personal Data Privacy and Secu- routines of Americans, but it can also ObamaCare. rity Act requires companies that have potentially damage their credit rat- Fortunately, data security appears to databases with sensitive personal infor- ings, and it is an incredible tax on peo- be an area where Republicans and mation on Americans to establish and ple’s time. It also leaves many feeling Democrats can come together and do implement data privacy and security vulnerable, including, unfortunately, something positive for the American programs. The bill would also establish the most vulnerable among us, the el- people. a single nationwide standard for data derly. We must take great care, however, breach notification and require notice As a Member of the Senate Com- not to make the problem worse. Smart to consumers when their sensitive per- merce Committee, which has jurisdic- policy results from an open, collabo- sonal information has been com- tion over this issue, I urge the chair- rative process, with input from busi- promised. It provides for tough crimi- man and our ranking member to begin nesses, consumers, and security ex- nal penalties for anyone who would in- looking into this matter further. Our perts. That is going to be the answer, tentionally and willfully conceal the Nation’s entire data security system is not more red tape. fact that a data breach has occurred in desperate need of revamping, and We should seek to streamline our when the breach causes economic dam- that is going to require congressional data security laws to provide clarity age to consumers. The requirement for action. and consistency. I look forward to companies to publicly disclose a breach What happened with that Target working with my colleagues on the will also encourage them to implement breach was not an isolated incident. commerce committee to address these far better security than many have TJX Companies, which owns national data breaches and to protect the integ- today. Protecting privacy rights is of crit- retail chains TJ Maxx and Marshalls, rity of Nebraskans’ and Americans’ ical importance to all of us, regardless was breached in 2007. Sony and Epsilon personal information. of party or ideology. I hope all Sen- were also attacked in 2011. I yield the floor. ators will join with this. We learned on New Year’s Eve that The PRESIDING OFFICER. The Sen- the popular social communication plat- ator from Vermont. RETIREMENT OF BARRY MEYER form Snapchat was also hacked, a Mr. LEAHY. While the distinguished Mr. LEAHY. Madam President, I breach of about 4.6 million user names Senator from Nebraska is still on the would like to speak for a few minutes with their corresponding phone num- floor, I found much to agree with in her on a personal matter. It is about a dear friend of mine, Barry Meyer. I would bers. These are only the latest exam- comments. like to recognize his remarkable ca- ples, but we all know the problems run I hope that after we introduce the reer. He is retiring this month from much, much deeper. Personal Data Privacy and Security Warner Brothers after 42 years with Identity theft has been the No. 1 con- Act she may wish to become a cospon- the company. sumer complaint at the Federal Trade sor. This would better protect Ameri- We know that Warner Brothers is one Commission for the last 13 years in a cans from the growing threat of data of America’s most legendary entertain- row. The average financial loss for each breaches and identity theft. ment companies. It is a household Last year, according to Verizon’s re- instance of identity theft is $4,930, and name for families around the Nation. I it has been estimated that identity port, there were more than 600 publicly think of the times I have walked theft resulted in a $24.7 billion loss for disclosed data breaches all over the through the company’s grounds with our country in 2012. country. Barry Meyer. We would talk about his Given these realities, we need to The recent breach of Target involved coming there as a young lawyer and dedicate more time and energy to solu- debit and credit card data of as many about the history of the company that tions that substantially improve the as 14 million customers. That is a re- he eventually came to lead. He showed safety of our online activities. While minder that developing a comprehen- an impressive sense of history, and it is the Target breach is important and de- sive national strategy to protect data gratifying to see somebody who takes serves our attention, so too should the privacy and cyber security remains one such pride in his work. security risks posed by healthcare.gov, of the most challenging and important We have all heard of Warner Broth- as well as the Federal and State insur- issues facing our Nation. ers, but far fewer Americans have ance exchanges set up under The Personal Data Privacy and Secu- heard about the man behind the magic ObamaCare. rity Act will help meet this challenge, for the past 14 years. It is a testament Experian, a major U.S. credit report- by better protecting Americans from to his leadership as chairman and CEO ing bureau, recently released its ‘‘2014 the growing threat of data breaches that he allowed the company and its Data Breach Industry Forecast,’’ which and identity theft. I thank Senators properties to shine in the spotlight. states: ‘‘The healthcare industry, by FRANKEN, SCHUMER, and BLUMENTHAL Despite his quiet style, Barry stood far, will be the most susceptible to pub- for cosponsoring it. at the forefront of pop culture during licly disclosed and widely scrutinized When I first introduced this bill 9 his tenure at Warner Brothers. Think data breaches in 2014.’’ years ago, I thought we very urgently of movies and television shows such as As those who found out the hard way needed privacy reforms for the Amer- ‘‘Harry Potter,’’ ‘‘The Big Bang The- can tell us, healthcare.gov takes and ican people. At that time, the threat to ory,’’ ‘‘The Blind Side,’’ and ‘‘The Dark holds a lot of sensitive information, in- the American people was nowhere near Knight’’ trilogy. They made people cluding our social security numbers, as extensive as it is today. laugh, cry, or simply marvel at the names, and other information that can The Judiciary Committee has favor- memorable productions that have be transmitted. It has also been re- ably reported this bill in the past—Re- sprung from his tenure at this com- ported that hackers have attempted to publicans and Democrats have joined pany. break into the Web site at least 16 dif- together numerous times—but it has I would also note as a lifelong Bat- ferent times. Several experts say those languished on the Senate calendar. man fan that I have had the oppor- numbers are very conservative esti- I wish to point out some of the dan- tunity to see two of Barry’s produc- mates of known attempts. gers to Americans’ privacy and our na- tions from the inside while they were Health and Human Services contrac- tional security posed by data breaches filming. I can speak firsthand to the tors also identified security vulnerabil- that have not gone away. According to culture he fostered at Warner Brothers ities, which HHS ignored, before the the Privacy Rights Clearinghouse, that brought people together and al- site went public on October 1. more than 662 million records have lowed creativity to flourish.

VerDate Mar 15 2010 00:17 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.015 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE January 8, 2014 CONGRESSIONAL RECORD — SENATE S101 Barry first joined Warner Brothers in him on a wonderful and distinguished TheWrap (no relation). ‘‘He never looked to 1971—before I was in the Senate, I career. Warner Brothers and the enter- have his name out there.’’ might add—as director of business af- tainment industry are not going to be Meyer’s accomplishments came at a time when the entertainment industry was beset fairs for the television division. In 1999 quite the same without him, but he by tectonic changes in how people consume, he became chairman and CEO. His leaves behind a legacy, an example for distribute and pay for entertainment. steady leadership of the company came the next generation to follow. I know ‘‘He was a source of stability in a choppy at a time when the entertainment in- his successor, and I wish Kevin sea,’’ Hal Vogel, CEO of Vogel Capital Man- dustry was beginning to face new chal- Tsujihara the very best in following agement, told TheWrap. lenges. The industry was facing the him. Warren Lieberfarb, the former head of home video at the studio, recalled that rise of the Internet as well as the tre- Madam President, I ask unanimous shortly after Meyer assumed his leadership mendous challenge of online piracy. consent to have printed in the RECORD role, Time Warner’s rank and file became Barry pushed the company to innovate, a December 29, 2013, article from The dismayed that the merger with AOL had sent but he also became an important voice Wrap, which my daughter Alicia the company’s share price plummeting. about the impact online piracy has on showed me. ‘‘There was a lot of discontent and agita- our economy and on industries that are There being no objection, the mate- tion in the organization,’’ Lieberfarb re- rial was ordered to be printed in the called. ‘‘Barry brought stability to the com- a vibrant part of American life. His pany and boosted morale at a critical junc- counsel has been invaluable to me as RECORD, as follows: ture in the post-AOL period and throughout Congress has looked for solutions to [From TheWrap, Dec. 29, 2013] the decade.’’ address this issue. He has always been BARRY MEYER ENDS 42-YEAR TENURE AT WAR- Bob Daly, Meyer’s predecessor as chair- available to give advice—solid advice NER BROS.—A MODEST MOGUL WHO man, said his one hesitation in recom- based on knowledge, not on emotion. SHUNNED THE SPOTLIGHT mending him for the job was that he lacked Warner Brothers has been one of the (By Brent Lang and Lucas Shaw) experience on the film side of the business, but noted that his reservations were ulti- world’s most successful entertainment This year was Meyer’s last at Warner Bros. mately unfounded. companies under Barry’s tenure, but he after more than four decades at the studio. ‘‘He was a terrific executive and a good ne- has also focused on humanitarian and One of the most low-key moguls in Holly- gotiator, but he wasn’t a movie guy,’’ Daly charitable pursuits. He is a member of wood, Barry Meyer will slip from the stage said. ‘‘What he did do was hire great people the board of directors for Human this January, when he relinquishes his title and put them in a position to succeed.’’ as chairman of Warner Bros. Meyer’s partnership with Alan Horn, who Rights Watch and the advisory board of But Meyer’s 42-year tenure at the studio— the National Museum of American His- oversaw the movie side of Warner Bros., and a remarkable record in its own right, includ- later with Horn’s successor Jeff Robinov, tory here at the Smithsonian. ing 14 years at the helm—is notable for being yielded a string of hits such as the ‘‘Harry He was also recognized in 2006 with one of the most effective in the studio’s his- Potter’’ and ‘‘The Dark Knight’’ franchises the American Jewish Committee’s tory. and critical and commercial successes such Dorothy and Sherrill C. Corwin Human Under his stewardship, Warner Bros. has as ‘‘Argo,’’ ‘‘Mystic River’’ and ‘‘The Blind Relations Award for his humanitarian consistently ranked among the industry Side.’’ leaders in box office, syndication sales and efforts. I know that when he was given ‘‘The biggest part of his management style television ratings, launching franchises like was in his selection of people he would have that award, his request was that the ‘‘Harry Potter,’’ driving the international speakers not praise him but instead run his divisions,’’ Charles Roven, producer success of shows like ‘‘Two and a Half Men’’ of ‘‘Man of Steel’’ and ‘‘The Dark Knight praise things of importance to all all while managing the company during a Rises,’’ told TheWrap. ‘‘He had the ability to Americans. This is typical of Barry rocky corporate merger with AOL, the rise pick excellent people and to trust that they Meyer as a person. of digital piracy and the steep decline of were doing a good job.’’ Among these efforts was joining with home entertainment. Under Meyer, the television side of the his wife Wendy to establish scholar- And yet, Meyer, 69, is someone you rarely business produced a stream of hits such as ships at the University of Southern saw quoted in the media or taking victory ‘‘The Big Bang Theory’’ and ‘‘Two and a Half laps with stars of the big or small screen—he Men’’ that made it an even bigger source of California to support students who generally left that to others. have been in foster care. Barry and profits than the film business. Warner Bros. Meyer gave up the CEO title to Kevin remains one of the most prodigious pro- Wendy have wonderful children and Tsujihara last March, but has remained as ducers of television series in the world. grandchildren. They have a loving fam- chairman to ease the transition. Next Meyer also was instrumental in turning ily with them. Visitors to their home month, Tsujihara will succeed Meyer in that the CW into a destination for younger female find that it is a welcoming place that title as well. viewers with shows such as ‘‘The Vampire feels lived in, a place where children Typical of Meyer’s effectiveness behind- Diaries’’ and ‘‘Gossip Girl.’’ the-scenes came when the studios were try- and grandchildren can feel comfortable ‘‘In the syndication arena they’ve had ing to convince Chris Dodd, the former U.S. great success and they’ve been able to estab- and play. Barry and Wendy are fortu- senator from Connecticut, to take the job as lish some first rate shows,’’ Bill Carroll, a nate to have that family. What they the movie industry’s top lobbyist. television industry analyst for Katz Media have done is they have worked to help Meyer and Walt Disney Company Chair- Group, said. ‘‘They have a diverse lineup and those who have not necessarily had man Bob Iger took Dodd to dinner and sug- they have had success each season in intro- that advantage. gested his reservations about becoming the ducing new shows.’’ My wife Marcelle and I have gotten Motion Picture Association of America’s new Facing a challenge from digital disrupters, to know Barry and Wendy. They have chairman and CEO were unwarranted. under Meyer’s tenure the studio pushed back ‘‘He said ‘Be a leader,’ and that sounds like been together with us in Vermont, here against Netflix by limiting its access to new a simple enough thing to say—but that’s releases, while also signing deals with the in Washington, and out in California. what he was at Warner Bros.,’’ Dodd told streaming giants such as Amazon, that li- Some people who have the position he TheWrap. ‘‘He was not a grandstander at all censed television programs and other con- does might make sure everybody and he does not seek the spotlight. He was tent. Warner Bros. has also been a key boost- knows that they are important—not so not worried if his name was in the press.’’ er of UltraViolet, the studio backed cloud with either one of them. They are Dodd also recalled that at a screening of service that has helped bolster digital sales down-to-earth and quiet. When we get ‘‘Argo’’ by the Motion Picture Association of of films. America, Meyer stood in the back of the together, we pick up the conversation ‘‘Barry saw what was happening in the room as the audience applauded director Ben world,’’ Les Moonves, chairman and CEO of we had months before. They make you Affleck and the real life CIA agent Tony CBS Corp., told TheWrap. ‘‘And he encour- feel as if you are a member of the fam- Mendez, whose heroism inspired the hit film. aged his executives to experiment and figure ily. He waved off Dodd’s attempts to take the things out.’’ So this remarkable couple is going to stage and share in the adulation. Not surprisingly, Tsujihara, the winner of be working in other endeavors. ‘‘That was a quintessential moment and a year-long executive bake-off that ulti- There have been some great articles that’s why he got listened to every time he mately led to the departures of Robinov and about Barry, as he looks back on his talked,’’ Dodd said. ‘‘People knew he never TV chief Bruce Rosenblum, comes from the career and the work he has done to had agenda.’’ world of online distribution. Now he faces Even Meyer’s rivals agree that the mogul’s make sure the company remains in the challenge of maintaining Warners’ suc- style was one of unusual discretion (he de- cess in the face of myriad technological and good hands with his successor. As he clined to be interviewed for this piece). ‘‘He social challenges. begins this next chapter of his life, I never looked for recognition,’’ Ron Meyer, ‘‘Kevin is a really terrific guy,’’ Daly said. wish Barry all the best. I congratulate vice chairman of NBCUniversal, told ‘‘He knows so much about the technology

VerDate Mar 15 2010 00:17 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.016 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE S102 CONGRESSIONAL RECORD — SENATE January 8, 2014 and he’s a good administrator. When you fault of their own, I mean it. People I agree with her because, frankly, look at Warner Bros.’ 90 years, it’s an un- cannot get benefits if they are fired for Linda, you paid into these benefits for usual company in that there’s been a re- cause. As they receive unemployment years. This is what it is there for. markable continuity of management . . . insurance benefits, they must dili- John from Frederica told me he was Kevin is the right man at this time to run laid off from the Dover Air Force Base this company, but the challenges that he gently search for another job. So when faces will be completely different now than we talk about the millions of long-term in part because of the sequester and when I ran it or Barry ran it.’’ unemployed Americans, we are talking now depends on unemployment benefits ‘‘Barry continued the Warner Bros. tradi- about folks who were laid off because while he continues diligently searching tion—you always groom your replacement,’’ of the recession, are fighting to get for another job. This is a man who is a Daly added. back on their feet, and rely on those Navy veteran, was willing to make the Mr. LEAHY. Madam President, I benefits to keep their families afloat, ultimate sacrifice for our country. Yet know I look forward to the next time to keep a roof over their head, food on right now, because of the partisan grid- Marcelle and I have an opportunity to the table, their families together, and lock in this Congress, we are not there be with Barry and Wendy, and while he sustain them as they continue looking for him and his family. may be retired, neither one of them is for work. The millions of Americans such as going to be sitting back doing nothing. Yet 2 weeks ago, funding for long- Debbie, Linda, and John in Delaware I know them too well for that. term emergency unemployment insur- face a very tough job market. Nation- With that, Madam President, I sug- ance benefits ran out. That meant $300 ally, for every available job there are gest the absence of a quorum. less weekly income for the average job three job seekers. The longer someone The PRESIDING OFFICER. The seeker and that meant $400 million left remains unemployed, the harder it be- clerk will call the roll. our economy in just the first week. comes for them to find work. The more The bill clerk proceeded to call the In Delaware it pulled $877,000 out of their skills are out of date, the more roll. our economy. That is money that oth- difficult the search becomes and the Mr. COONS. Mr. President, I ask erwise would be spent in local grocery more they need our support to sustain unanimous consent the order for the stores and our markets. that job search. quorum call be rescinded. One of the most vexing comments I I have seen these effects up close and The PRESIDING OFFICER. Without have heard in the debate over whether personal in Delaware. In my 3 years as objection, it is so ordered. to continue these benefits is that they a Senator I have hosted 16 different job Mr. COONS. Madam President, 50 somehow incentivize people to not fairs to connect Delawareans looking years ago today President Lyndon bother looking for jobs, to not be seri- for work with employers looking to Johnson challenged a joint session of ous; they instead lull able-bodied hire, and I have been honored to part- Congress and the American people to Americans into lives of dependency. ner with Senator CARPER and Congress- begin a war on poverty. ‘‘Unfortu- Given the people I know in Delaware, man CARNEY in hosting these job fairs. nately,’’ President Johnson said, that is not just absurd, it is, forgive In fact, we are hosting another one in ‘‘many Americans today live on the me, offensive. As President Obama said Dover, DE, in just a few weeks. outskirts of hope. Our task is to re- yesterday, it sells the American people When you listen to unemployed Dela- place their despair with opportunity.’’ short. wareans and listen to them talk about Since President Johnson first issued I have met a lot of people in my their struggle, about how hard it is to that call, Congress and our Nation years of public service. I have heard keep making ends meet and get a job, have taken important steps to build from and spoken with Delawareans up you get a sense of how important these and sustain a circle of protection and down my State who are relying on jobs are for their survival as families around the most vulnerable in our soci- unemployment benefits that they paid and you get a sense of how much more ety. That protection is not as complete into when employed. Every one of them we can and should be doing to tackle or as strong as it can or should be, but would trade a job for not relying on un- long-term unemployment in America. through programs such as unemploy- employment insurance in a heartbeat. As poverty of opportunity and hope ment insurance—which we are consid- Let me share a few stories of Dela- afflicts too many of our communities ering this week in this Congress—we wareans who have contacted me and and darkens the lives of too many of are more able to catch our neighbors shared how hard this has been for our neighbors, let us not suffer in this when they fall and support them as them. Chamber from a poverty of imagina- they work to get back to their feet. Debbie from Middleton, DE, wrote to tion, determination, and ambition. On Earlier this week this Senate began me that while she is receiving unem- this issue, which is so fundamental to debate on whether to extend emer- ployment benefits, she has applied to who we are as a nation and to our serv- gency unemployment insurance for the 156 jobs. She has been interviewed ice to this body, we cannot give in to 3,600 Delawareans and more than 1 mil- three times. She is 56. She has worked complacency and apathy. Fighting pov- lion American job seekers whose bene- diligently since she was a teenager. erty is hard, and adapting our economy fits just expired. It is absolutely crit- She has worked hard. She paid her to the realities of a new era is a chal- ical that we approve this extension. taxes. She paid into this unemploy- lenge we have struggled with for more During this fragile but sustained eco- ment insurance system practically her than a generation. It is hard finding nomic recovery, unemployment insur- whole life. Yet now when she needs it out how to realize an economy with ance has been a critical lifeline, one most, we fail to continue to provide growth that is both strong and more that has prevented millions of unem- this lifeline of support. equitable, one that is dynamic and cre- ployed Americans from slipping fur- Linda from Newark wrote to me that ative and competitive and also has a ther, falling into poverty. In 2012, un- on just $258 a week her family has been broad middle class, provides security employment insurance kept 2.5 million barely able to stay afloat. They are for working families and leaves no one Americans, including 600,000 children, doing everything they can to keep up behind, an economy that invests in the out of poverty. That means without on their bills, to stay current, but even dreams and aspirations of every child, Federal action to extend unemploy- with unemployment insurance they but building that economy is surely ment insurance, the Nation’s poverty have had to sell some of their family’s one of the most urgent and difficult rate would have been doubled what it treasured possessions and goods. She challenges we face. Doing so requires was. These numbers are for 2012, not wrote to me: that we put aside our personal politics the height of the recession. This is no way for anyone to live. It’s dis- and ideologies and come together in So let’s be clear about what we are heartening and it is difficult to stay moti- areas where, until recently, there has debating when we discuss an unemploy- vated to keep searching. been a broad and bipartisan consensus. ment insurance extension. These are Frankly, she said: I now hear some of my Republican long-term benefits for jobless Ameri- I am thoroughly fed up with being cat- colleagues talk on this floor about the cans who have been out of work egorized as someone who lives off the Gov- war on poverty, 50 years later, as hav- through no fault of their own for more ernment by collecting unemployment bene- ing been an abject failure. They make than 26 weeks. When I say through no fits. sweeping indictments on government

VerDate Mar 15 2010 00:17 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A08JA6.001 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE January 8, 2014 CONGRESSIONAL RECORD — SENATE S103 action, putting small government ide- manufacturing. We have to find bipar- though I want to make sure that dur- ology ahead of the shared national goal tisan solutions that engage the private ing this time while we look at how to of fighting poverty. But this perspec- and public sectors, Federal and local create jobs, we continue to provide a tive misses the point. The original war governments, in putting our people social insurance program that helps on poverty was made up of a lot of pro- back to work. While we do that, we people when they are laid off through grams, energetic initiatives that cannot forget to continue to insist on a no fault of their own. worked at every level of government, circle of protection around the most My own home State of Maryland is some that failed but many others that vulnerable in our society rather than right this very minute affected by through steady and determined bipar- allowing that valued circle to crumble. 23,000 people—that is 23,000 families— tisan work and steady improvement We have to remember we are all in this who have now lost a modest benefit and refinement over the years have be- together, that ‘‘there but for the grace which averages out to about $313 per come critical, central, and widely val- of God go I,’’ as we see those in our week. That enables people, while they ued strands that hold together our so- community, in our families who are are looking for work, to be able to pay cial safety net. Medicare, Medicaid, struggling in this recovery. for their housing, pay for their food, Head Start, food stamps, unemploy- We know that today it may be our and pay for their heat. ment insurance, all of these programs neighbors, tomorrow it may be us. There are those who are implying are valued and hold American families President Johnson called on us to focus that if we provide unemployment com- together and sustain American job on the best of America, the spirit that pensation or assistance we are going to seekers. Bipartisan leaders across the we hold each other up, the spirit that encourage sloth, laziness, laggardness; decades have reaffirmed the impor- builds community through mutual sac- that they are going to kind of lounge tance and value of these programs time rifice. As we begin our work in this around not looking for work. and time again. These programs, let’s new year to jump-start our economy Let me tell the story about Western remember, are about so much more and spread hope and opportunity, we Maryland. This is not BARBARA MIKUL- SKI; this is reported in the Baltimore than lifting people out of poverty. must never forget that basic spirit Sun and in the Washington Post. We They are about keeping people out of which President Johnson called forth have a community called Washington poverty in the first place. We need and which has kept this country mov- County. The unemployment rate is 7.3 them to build and strengthen the ing from generation to generation. American middle class, which is one of I yield the floor. percent. Just a few years ago they had the greatest legacies of this Nation. The PRESIDING OFFICER. The Sen- a Good Humor plant. They made ice As we search for ways to adapt our ator from Maryland. cream. I visited that ice cream plant. fight to new times and new challenges, Ms. MIKULSKI. Madam President, I Everybody was happy, and they were there is no one way to win the war on rise to speak on actually two topics; busy producing Good Humor, which poverty President Johnson declared 50 one on extending the unemployment was sold all over this country. Well, 2 years ago. It is not a question of big or benefit program that is so essential to years ago it closed, and 400 good-paying small government, Federal or local ac- the people of Maryland and to other jobs left Hagerstown. That is the bad tion. As President Johnson himself fellow Americans and also to comment news. said: on the National Security Agency sur- The good news is a co-op dairy farm- It will not be a short or easy struggle. No veillance programs, the need for reform er came in, purchased it, and is now single weapon or strategy will suffice. . . . of the program but the need not to re- producing milk and ice cream but in Poverty is a national problem. . . . But this ject the mission of the agency and cast smaller amounts. Guess what. They re- attack, to be effective, must be organized at ceived 1,600 job applications for 36 job a disparaging light on the men and the State and local level. . . . For the war on openings. They had 36 job openings, poverty will not be won here in Washington. women who work there. Let me start first though talking and 1,600 people in that small rural It must be won in the field, in every private county applied for those jobs. There home, in every public office, from the court- about unemployment benefits. I come with a great sense of urgency and pas- were 44 people for every job available. house to the White House. Hagerstown has a great sense of pa- sion that we need to extend these un- This was not an ideological call for triotism. They sent many men and employment benefits that expired Jan- big, centralized government. It was an women to fight and die in the two wars uary 1. This is one of the coldest spells all-hands-on-deck call, a moral call, for we just fought. They have a great work our Nation to meet a national chal- we have had in decades in the North- ethic. They need an opportunity to lenge. Although we have made progress east-Midwest area. I find it have jobs. Don’t tell those people in since he first addressed this Congress unfathomable, when it is so cold, that Hagerstown or in Salisbury or in Balti- in 1964, his call to combat poverty re- the big chill in Washington is that we more or throughout my State that mains just as important today, even as are not going to extend the unemploy- they are too lazy. Maybe we are lazy; our challenges have evolved. ment benefits, extending a warm help- maybe we don’t get the job done. We have come a long way since the ing hand to Americans who have lost One of the quickest ways to jump- depths of our own great recession just their job through no fault of their own start the economy, if we want to, is to a few years ago. More than 8 million and have been unemployed for more pay unemployment compensation. All private sector jobs have been created. than 6 months. the data shows that unemployment in- There has been more than a three-point Where are our national priorities? If surance adds about $1.60 back into the drop in the national unemployment we cannot help one another, be a bridge economy. rate. We have resurgent energy, hous- to get to a job, then what is our gov- I want to create a sense of urgency. I ing, agricultural, and manufacturing ernment all about? We spend billions say to my friends on the other side of sectors. Although a few years have overseas—and I support that. We spend the aisle: Over a decade ago, you had a passed since our economy sunk to its billions on tax breaks to send jobs man run for the President of the lowest lows, this crisis remains for overseas. I do not support that. I want United States who won. His name is those Americans and their families to make sure that for the men and George W. Bush. He campaigned on who are still struggling to find a job ei- women who do not have a job today but something that I thought was so inter- ther for their families’ food or to keep are looking for one every day, that we esting. I looked forward to actually a roof over their heads. help them out. hearing more about something he This week, while we are debating ex- Senator COONS, the Senator from called a compassionate conservative. tending emergency unemployment in- Delaware, just spoke and said today it We understand that people are conserv- surance, we should note this is not only could be your neighbor, tomorrow it ative. We understand that people are obvious and necessary to do, it is the could be you. I think we are going to be fiscally conservative, but the message beginning of our real work of sus- unemployed unless we start focusing was that we can be compassionate con- taining the war on poverty. on how to help the middle class. The servatives. I am proud to be engaged in bipar- middle class is shrinking and unem- I say to my colleagues on the other tisan efforts to strengthen the middle ployment is staggering. We have to side of the aisle: Remember the com- class, to focus on jobs and skills and lower the unemployment rate, al- passionate conservative message from

VerDate Mar 15 2010 00:17 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.019 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE S104 CONGRESSIONAL RECORD — SENATE January 8, 2014 a decade ago, and remember that man’s I think we need to really work on stitutional, but 36 other FISA court father said we need the points of light this. President Obama established a re- opinions by 15 judges said it was con- to light up America. I say, let’s be a view commission. I think it is great, stitutional. point of light here. Let’s add a beacon and I think Congress should review it. I am a social worker. I am not a con- of hope to the unemployed so we can I know appropriate hearings are al- stitutional lawyer. Do you know who help them. Don’t be critical of those ready looking into that. decides on what is constitutional? The who can’t find work. At the same time, we should practice Supreme Court of the United States. I Let’s look at how we can have a job reform. I am absolutely on the side of think that Congress ought to call for— strategy. Let’s get our infrastructure reform. I have joined with my col- or the executive branch and the Presi- back so we can create jobs in the con- leagues in supporting reform for these dent—an expedited review of these pro- struction industry. Let’s eliminate the programs. For years I led the fight on grams. I would like to settle, once and tax breaks that send jobs overseas and the accountability of leadership. Back for all, whether the programs and laws bring the jobs back home. Let’s do the in 2007, I wanted the head of the Na- passed by the Congress in the area of tax extenders so we can get people tional Security Agency confirmed by surveillance—I would like to know if working again. Let’s put people back the Senate. I was stiff-armed by the they are constitutional. If they are, to work. Congress. I was held back by the then we know that. If they are not, Pass unemployment compensation. Armed Services Committee. We had to then that ends the program. We will Let’s pass some job creation bills. Let’s deal with the turf wars at the Pen- follow the law, and we will obey the get America working again, and in tagon: Don’t meddle with our generals. Constitution of the United States. order to do that, we need to get to Well, I wasn’t meddling with the gen- Let’s get to work here. Let’s go to work and pass the unemployment com- erals. I just think the head of the Na- work here. Let’s make sure that we are pensation bill. tional Security Agency should be bringing about reform. NATIONAL SECURITY AGENCY I want to talk about the mission of there. So let’s get off of the turf wars I want to also comment on some- the agency. The National Security and fight terrorist wars. Let’s restore thing else, and that is the NSA, the Na- Agency is not a puzzle palace, and it is confidence in the National Security tional Security Agency, which I am not some sneaky surveillance agency Agency and have its head confirmed by very familiar with as a member of the with people in tan raincoats and fedo- Intelligence Committee, and it is also the Senate. I am a great admirer of ras, hiding behind doors and spying on located in my State. I know the men General Alexander. people. In fact, remember what they The committee also recommends and women who work there, and I know think they do—they think what they that the next head of NSA be a civil- the mission they provide. I also know do is constitutional, legal, authorized, ian. I think we ought to look at that. that a few months ago a man by the and necessary. I think we ought to examine that and name of Edward Snowden lit up the We need the National Security Agen- airwaves with his illegal barrage of see what is in the best interests of the cy. There is only one thing the 215 pro- revelations about the role of surveil- mission of the agency and what we gram does: It protects us against coun- lance that the National Security Agen- need to be able to do. But whoever is terterrorism. They are there to protect cy played. Mr. Snowden provided a tit- the head of the National Security us against counterespionage. They are illating, mesmerizing inside view of the Agency, be they civilian or military, I there to protect us and make sure that United States. Whether he was a whis- think they ought to be confirmed by weapons of mass destruction are con- tleblower or a traitor, I will leave that the Senate. tained. They are advocates for non- for another discussion. I also joined across the aisle with my proliferation of weapons of mass de- Right now we know about NSA sur- great colleague Senator COATS of Indi- struction in cooperation with the CIA veillance, and it sparked a lot of de- ana to ask that the NSA inspector gen- and NRO. bate. I think that is good. I think that eral also be confirmed by the Senate to They also protect us in the area of is healthy. make sure that we have a confirmable cyber security. Those 80 million people I come to the floor today, first of all, position so there is a bona fide whistle- who recently had their credit cards sto- to thank President Obama for estab- blower route with a confirmable in- len at Target—we don’t know if that lishing a commission to look at this spector general to make sure that NSA was a job that was done in the United and make recommendations. My view is doing the right thing and whistle- States of America. For all we know, it is that we ought to review the rec- blowers have an avenue to do it. was organized cyber crime coming out ommendations of the Presidential com- I also supported transparency to of Albania or another Eastern Euro- mission. We need to make reform make sure that those NSA programs pean country with shoddy rules and where reform is necessary, but let’s not are accountable and as transparent as regulations. We don’t know. However, reject the mission of the National Se- they can be. That doesn’t mean we re- we do know the FBI and the NSA are curity Agency that has protected us for veal the secrets of the United States. working on it, as well as others. NSA’s decades and decades. Let us not reject Joining with Senators WYDEN, UDALL, job is to look at what is over there. the men and women who work there and HEINRICH, I have introduced an Some of our biggest bank heists in or- every single day, standing sentry to amendment to make the secret FISA ganized cyber crime are coming from protect us against attacks, whether it court opinions were publicly available over there. Did you know that one of is a terrorist attack or a cyber security under certain circumstances. the biggest thefts out of the Medicare attack. I also worked with Senators KING, Program was done by a cyber heist by Yes, we need to protect the civil lib- WARNER, and COLLINS to bring greater organized crime out of Albania? Can erties of the United States of America transparency to the FISA court you believe that? It was caught. In and honor our Constitution. As a mem- through amicus curiae, or friend of the working with the inspector general at ber of the Intelligence Committee, and court, to assist in the consideration of CMS, the FBI, and the NSA, we caught as part of my principles, I have always novel interpretations of the law. There them, got our money back, and now we said: Before we ask NSA agents—or are those who say, in the President’s are back on track. So they do a good any member of any intelligence agen- report, that there should be a civil lib- job, and we are kind of losing sight as cy—to do anything, we should ask: Is it erties council and a red team that can far as these concerns about surveil- constitutional? Is it legal? Is it author- go in there. Let’s talk about that. Let’s lance. ized? Is it necessary? Remember the debate it. Let’s make sure there is There is no doubt that we protect the criteria. I recommend that this be the more than one opinion before the court civil liberties of the United States of grid of the prism we look at: Constitu- on its legality. I support those sugges- America. We do believe in privacy. I tional, absolutely; legal, a necessity; tions. am not going to describe the program and authorize. NSA doesn’t do it on its Let’s look at the constitutionality. or go into it, but I will tell you what own. The authorization comes from the One judge recently said the NSA sur- really bothers me. What really bothers President and his intelligence appa- veillance program, particularly under me is that somehow or another, ratus. And last but not at all least, is something called section 215, was through the media, and even conversa- it necessary to protect people? shocking, and he said it was not con- tions in this body, we are painting NSA

VerDate Mar 15 2010 00:17 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.020 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE January 8, 2014 CONGRESSIONAL RECORD — SENATE S105 as if it were a bad, villainous, Let’s do the reforms we need, and let’s We can’t waver in the fight to give duplicitous, surreptitious agency. That do a good job, as we are supposed to do. all Americans a fair chance—a fair could not be further from the truth. I yield the floor. chance to get ahead. We have to expand Somehow or another, the men and The PRESIDING OFFICER. The Sen- opportunities for young learners by in- women who work there every single ator from Washington. vesting in universal pre-K. We have to day, standing sentry on behalf of the Mrs. MURRAY. Madam President, I ensure that workers can earn enough United States of America on signals in- come to the floor this afternoon to talk to put food on the table by raising the telligence, are somehow or another to about the fact that 50 years ago today minimum wage. We have to keep fight- feel that something is wrong. The mo- President Lyndon Johnson made his ing, and we have to win the war on pov- rale at that Agency is terrible. The mo- first State of the Union Address. He erty. rale at that Agency is falling. The mo- used that date—January 8, 1964—to I know personally how vital these rale at that Agency is not in a healthy chart a new agenda for the country and programs are. When I was just 15 years situation. to declare that America would take on old, my dad, who fought in World War We have to do something about that an unconditional war on poverty. With II and was a veteran, was diagnosed by showing respect for the men and that directive, Congress worked on with multiple sclerosis. Within just a women who work there. Most of them some of the most successful programs few years he couldn’t work anymore. are civilians. They are some of the in the history of our country: Medi- My mom found a job. She stayed home brightest people in the world. Did my care, Head Start, Pell grants, and ex- to raise seven kids. The job she found colleagues know that the NSA is the pansions to Social Security. President wasn’t enough to support seven kids, largest employer of mathematicians in Johnson knew that the devastation of and my dad had a growing stack of the world because of the code breakers, poverty went deeper than just the lack medical bills. All of a sudden, my fam- the cryptologists? They break codes. of a job or the lack of basic needs. ily, without any warning, had fallen on Who uses codes? It is not Mother Te- Americans in poverty didn’t even have hard times. resa. a fair chance to make a better life for This country at that time didn’t turn Respect. Let’s have respect because themselves and their families. its back on us. For several months my they are hard at work. While the rest Now, since 1964, economists estimate family relied on food stamps. It wasn’t of us were home for Christmas enjoying the poverty rate has now fallen by 10 much, but it helped us get by. With the turkey or home for Thanksgiving, they percent when accounting for social help of a government program—a gov- were out there working. They were safety net programs. So we are moving ernment program—my mom was fortu- making sure there wasn’t another Un- in the right direction, but we have a nate to attend Lake Washington Voca- derwear Bomber. When our defenses ap- lot more work to do to give everyone tional Technical School and got the pear to be lowest—when people are the fair chance they need to succeed in training she needed to get a better job traveling on airplanes, when people are this country. so she could support her family. My in the holiday spirit—they are work- For too many people today, the war older brother, my twin sister, and I ing. They are working right now to on poverty is a daily battle just to were able to stay in college because of make sure our Olympic athletes are make ends meet. More than 46 million student loans and support from what safe, working with appropriate inter- people in our country live in poverty— we now call Pell grants—all from this national law enforcement. They are at 46 million people. That is according to government. it every single day. Can’t we give them the Census Bureau. More than 20 per- Even through those hard times, none respect while we sort out constitu- cent—that is one in five of our kids in of us lost hope. With a lot of hard tionality and legality? Let’s sort it this country—live in poverty. So to work—and we had help from our gov- out, but let’s stop the finger-pointing. win this fight, we need to strengthen ernment—we were able to get to where I must tell my colleagues that I was the programs that support those in we are today. That is why I believe so taken aback today when I got my Na- need. strongly that here in Congress today, tional Journal Daily and read where it Without question, one of the reasons we have to expand that hope I had as a says ‘‘Obama Invites NSA Top Congres- we have seen a decline in poverty is be- young girl to many more families and sional Critics To Meet.’’ I think it is cause of the programs that provide a Americans who are struggling today. always great when the President safety net for our most vulnerable Fifty years ago President Johnson speaks with Congress, but he invited Americans. In 1964 Congress created recognized that poverty is a national the critics of the program to the White the food stamp program for those problem, and that is why he made it a House. I think that is good. I would struggling to feed their families. Today national priority. So I think we ought prefer, though, to read—instead of ‘‘in- it is known as the Supplemental Nutri- to rededicate ourselves today to that viting the critics,’’ the phrase would tion Assistance Program or better national priority. Let’s work together have said ‘‘reformers.’’ Put me in the known as SNAP. In 2012 alone the pro- here to support the men and women ‘‘reformer’’ category. If there are gram lifted 4.9 million people out of across the country who hope for their abuses, I am one of the first to criticize poverty, according to the Center on the chance at the American dream. Let’s them. I have been part of reform. I in- Budget and Policy Priorities. not just commemorate this anniver- tend to be part of reform, but I don’t We have also worked to make sure sary; let’s begin to use and have a re- intend to be a part of rejecting the mis- preschoolers from low-income areas newed energy to winning the war on sion, and I don’t intend to be a part of have the building blocks they need to poverty in our country once and for all. start kindergarten ready to learn. Thank you, Madam President. any effort that downgrades or I yield the floor, and I suggest the ab- Since the mid-1960s Head Start has pro- downplays the contribution of the men sence of a quorum. and women who work there. So call the vided early childhood learning and The PRESIDING OFFICER. The people reformers. health services to more than 30 million clerk will call the roll. I hope the White House and this Con- children and their families. The assistant legislative clerk pro- gress will signal to the men and women That is the kind of progress we have ceeded to call the roll. at the National Security Agency that to continue. Those programs and many The PRESIDING OFFICER. The Sen- they are respected, that they are val- like them have provided economic se- ator from Hawaii. ued; as we pursue reform, we will al- curity and opportunity to millions Ms. HIRONO. Madam President, I ask ways do our duty to ensure that what across the country. unanimous consent that the order for they do is constitutional, legal, author- Yet even with the successes we have the quorum call be rescinded. ized, and necessary. But don’t blame had in fighting hunger and ending un- The PRESIDING OFFICER. Without them for the job we asked them to do. employment, there are those today objection, it is so ordered. I think if we proceed with a spirit of re- here in Congress who want to slash the Ms. HIRONO. Madam President, 50 form rather than blame, we will be able very assistance that gives so many years ago today President Johnson de- to accomplish a great deal. Americans today an opportunity to clared a war on poverty. He said: This is a big day in the Senate. Let’s make better lives for themselves and Very often a lack of jobs and money is not pass unemployment compensation. their families. the cause of poverty, but the symptom. The

VerDate Mar 15 2010 00:17 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.022 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE S106 CONGRESSIONAL RECORD — SENATE January 8, 2014 cause may lie deeper in our failure to give cent of them—are women. Today mil- across the country—both Republicans citizens a fair chance to develop their own lions of women are trapped in min- and Democrats—have expanded State capacities, in a lack of education and train- imum wage jobs. preschool in 2013. Let’s support their ing, in a lack of medical care and housing. The Federal minimum wage of $7.25 efforts. He proposed a broad range of new ini- yields only $15,000 per year for a full- This Congress I worked with Sen- tiatives to address these deeper fail- time worker. If this woman is sup- ators HARKIN, MURRAY, CASEY, and oth- ures: Medicare, Head Start, the Ele- porting a child or an elderly parent, as ers to introduce the Strong Start for mentary and Secondary Education Act, is often the case, their family income America’s Children Act. This bill would the Higher Education Act, and housing would be below the Federal poverty create a Federal-State partnership for and transportation programs. These line. Their situation is even more dire high-quality preschool. It includes ele- initiatives have given millions of peo- in Hawaii, where the cost of living is ments from our PRE-K Act so States ple more opportunities to succeed and much higher. such as Hawaii that have further to go help them get back on their feet when Fighting poverty is a women’s issue. can have more support as they build they stumble. President Johnson called Poverty hurts more women and chil- their preschool system. on Congress to take up these proposals dren than men. More than 58 percent of The bill’s supporters include parents, because, he said, ‘‘many Americans live adults in poverty are women. More educators, business leaders, and even on the outskirts of hope. Our task is to than one in seven women—nearly 17.8 police. They recognize that we can pay help replace their despair with oppor- million—live in poverty. More than one for quality preschool now or pay later tunity.’’ That is still our task today. in five children—about 21.8 percent— for law enforcement when kids drop We have come a long way since 1964, are poor, almost twice the rate for out of school and commit crimes. Let’s but clearly the fight is not over. For adult men. come together to get this done. years our American dream has been The low minimum wage hurts not While we need to focus on helping that if people work hard and play by only workers—and particularly women kids start kindergarten ready to suc- the rules, they will succeed. However, workers and children—it is unfair to ceed, we also need to improve access to the divide between the very rich and taxpayers. That is because minimum higher education when they graduate the very poor is as wide as it has ever wage workers are often eligible for food from high school. been. Wages have stagnated, and more assistance, housing vouchers, and other With student debt skyrocketing, the Pell grant is a bedrock investment in and more middle-class families strug- safety-net programs. This means we college access. In 1978, the Pell grant gle to get ahead and provide opportuni- taxpayers are subsidizing companies helped pay for 75 percent of college ties for their children. that pay their workers poverty wages. costs at a 4-year public university. We have to carry on the work that If we want to reduce government began 50 years ago and update it for Today it pays for only a third. spending—and make more workers This year I plan to introduce the Pell the needs of our modern economy. fully self-sufficient—raising the min- Let’s keep fighting to create new, Grant Protection Act, a bill to imum wage is a good place to start. strengthen and preserve the Pell grant. good-paying jobs and sustainable Second, expanding access to edu- There is also more we can do—like sim- American industries. Let’s make sure cation—from birth to college and ca- plifying the Federal student aid proc- all Americans have access to the edu- reer training—will build new ladders ess, improving work-study, and expand- cation and training needed to get those out of poverty. ing access to adult basic education. I jobs and succeed. Let’s work to make When I came to this country as an 8- look forward to working on these and sure that as our economy grows, so do year-old immigrant, my mother en- other efforts in the Higher Education middle-class incomes and the oppor- rolled me in Hawaii public schools. Act and Workforce Investment Act this tunity to climb into the middle class That is where I learned English and de- year. and beyond. veloped a love of reading. When I grad- Third, let’s strengthen our safety net I wish to speak briefly about three uated from Kaimuki High School, I at- programs, including Social Security, ideas for these goals. First, let’s in- tended the University of Hawaii. The Medicare and Medicaid, unemployment crease the minimum wage so workers Higher Education Act of 1965 helped insurance, and the Supplemental Nu- earn more than poverty-level wages. me—and millions of other students— trition Assistance Program, or SNAP. Second, let’s make education more ac- pay for college through work-study and These programs provide real hope cessible from pre-K through college so low-interest Federal student loans. and real opportunity for people. I know that Americans are well prepared for Today we need to strengthen our com- this because I have lived it. My mother the jobs of the future. Finally, let’s mitment to our next generation of sci- raised three children by herself. Most strengthen the safety net programs entists, architects, teachers, and of us have relied upon or known fami- that have kept so many out of poverty innovators. lies who have relied upon food stamps so working families can get through I know firsthand the power of a qual- or unemployment insurance. My moth- the tough times and get back on their ity education. That is why for years I er’s unemployment checks were a safe- feet. have been fighting for quality pre- ty net for us, providing us with much First, our economy has grown four- school in Hawaii and nationwide. Chil- needed temporary help. They gave us fold over the last 50 years, but the poor dren in poverty come to kindergarten breathing room and put food on the and middle class have not seen enough with half the vocabulary of their high- table while she searched for work. I of the benefits of this growth. Accord- er-income peers. If they start school al- know the anxiety when the family ing to Census data, the economy is pro- ready behind, how can we expect them breadwinner loses her job through no ducing 45 percent more per person than to catch up? fault of her own. it was in 1987, but real median income President Johnson helped pass the These safety net programs have has remained flat. Head Start Act. This law helped mil- helped keep millions of Americans out Workers earning minimum wage have lions of poor children attend preschool, of poverty. Using the Census Supple- fared even worse because today’s Fed- while parents got the skills they need- mental Poverty Measure, the national eral minimum wage has not kept up ed to help their kids at home. Since poverty rate has gone down from 26 with inflation. The 1968 minimum then, we have reformed and strength- percent in 1967 to 16 percent in 2012. wage, adjusted for inflation, would be ened Head Start quality, but, still, Without safety-net programs, the pov- $10.68 today, not $7.25. That means the fewer than half of eligible 3- and 4- erty rate would have climbed to 29 per- minimum wage has lost one-third of its year-olds can get a Head Start seat. cent. Seniors would have been hurt es- buying power. It is no wonder our fami- Fewer than 1 in 20 eligible infants and pecially badly. lies are struggling. The minimum wage toddlers can get a spot in Early Head Thus, it is alarming to see many of should be increased. Start. my Republican colleagues calling to Raising the minimum wage is impor- The Federal Government cannot do it shred the safety net programs. They tant for many Americans, but it is par- all. States and local governments want have proposed drastic cuts to SNAP, ticularly important for women. Most to do their part too. That is why Gov- Medicare, Medicaid, Social Security, minimum wage workers—over 64 per- ernors, educators, and legislators and a host of other vital supports.

VerDate Mar 15 2010 01:38 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.025 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE January 8, 2014 CONGRESSIONAL RECORD — SENATE S107 The basic idea of the safety net is to are available. Let’s really get at this after that, putting forward an unem- prevent people from falling so far be- problem in a serious way. ployment emergency extension that is hind that they cannot catch up. So in- I will be frank. I heard from a lot of not paid for, that will bust those very stead of making cuts, we should people in the last 24 hours—after the caps. I am told a budget point of order strengthen these programs and, of vote on the motion to proceed—that is going to lie against this because of course, focus on creating jobs. they were surprised that I voted to pro- it. With the challenges facing our fami- ceed and that other Republicans did as That is not the way we should go. lies today, the war on poverty con- well because they thought Republicans Let’s pay for it. The debt and deficit tinues. Let’s not give in to the would all vote against it. In fact, I saw are affecting our economy today. It is naysayers seeking to dismantle our some press reports this morning indi- like a wet blanket over the economy. safety net. Let’s not retreat in our ef- cating that some of the Democratic You cannot have trillion-dollar deficits forts to help people climb out of pov- leadership would have been happier had year in and year out. This year it is erty. Let’s fight even harder to provide that motion failed last night because $680 billion. People are saying, well, an opportunity agenda, one that reaf- then they could say: Well, we are blam- that is great. firms the idea that if you work hard ing Republicans for being obstruc- Are you kidding? That is the fifth and play by the rules, you can get tionist. highest deficit in the history of our ahead. If we work together, I know we I do not think my colleagues who country. It all adds up to a $17 trillion can get this done. voted the other way were being ob- debt—unprecedented. I believe that is I yield. structionist. I think their concern was understated given all the liabilities we I suggest the absence of a quorum. that they were not going to have the have as a government. But the point is, The PRESIDING OFFICER. The opportunity to debate this issue and to we have never had debts of this level. clerk will call the roll. offer amendments that are sensible, They are historic levels. It is not only The assistant legislative clerk pro- that are relevant to the issue at hand— the wrong thing to do for our economy ceeded to call the roll. like how we pay for it, how we improve today and to help getting people back Mr. PORTMAN. Madam President, I unemployment insurance so it works to work, but it is also clearly unfair to ask unanimous consent that the order better for those who are unemployed. do to future generations. We have some for the quorum call be rescinded. But anyway, for my part, I took my young people on the floor this after- The PRESIDING OFFICER. Without colleagues at their word when they noon. It is even immoral that we are objection, it is so ordered. said they were serious about actually leaving this to them. So let’s pay for Mr. PORTMAN. Madam President, I improving unemployment insurance this. ask unanimous consent that Senator and taking serious steps to deal with I was glad to hear Senator REID say yesterday of our efforts to fund this MCCONNELL or his designee be recog- the lack of growth and economic oppor- nized from 2 o’clock to 2:45 this after- tunity in our economy today. So in legislation, ‘‘If they come with some- thing serious, I’ll talk to them.’’ Well, noon. good faith I voted on this motion to I have something serious—I think The PRESIDING OFFICER. Without proceed yesterday, hoping again that other Members will as well—something objection, it is so ordered. we would be willing here in this body that reflects, in my case, reforms pro- Mr. PORTMAN. Madam President, I to have real debate, which is what the posed in the President’s own budget, rise today to address the question that Senate is supposed to be about, have a is currently before the body; that is, ideas that should be bipartisan. debate over the long-term fiscally My amendment would close a loop- whether we should extend the emer- sound way forward on unemployment. I hole that opens the system to double gency unemployment insurance for have come to the floor today in an ef- dipping. What do I mean by that? It is millions of Americans who are still un- fort to be sure that people understand called concurrent receipts, where able to find work. This is in addition to there are alternatives out there, offer a somebody is getting one Federal pro- the 26 weeks that is provided in most specific idea to pay for the insurance, gram, and then another Federal pro- States—some a little more, some a lit- one that deals with fraud and abuse, gram they should not be eligible for if tle less—and the question is whether one that is out of the President’s budg- they have got the first one, specifi- we extend this again, as we have done et actually, one that should be bipar- cally, people who are both on Social several times since the great recession. tisan. Security disability insurance, meaning The question is, should we extend it I have heard earlier today, some have they cannot work, SSDI, and also re- and, if so, how should we extend it? come to the floor on their side of the ceiving funds from unemployment in- Should we pay for it? Should there be aisle and said: We should not pay for surance, which means you are looking some training or other requirements this extension. We should just go fur- for a job or you are working. We also attached to it so it works better? ther into debt and deficit. My question add trade adjustment assistance. That It is a good debate to have. I came on would be: If we can pay for it, why is exactly the same theory. the floor yesterday to say let’s have a would we not? Why would we want to We should not allow double dipping. full debate on this issue. It is one of take the country further into deficit In fact, we should stop this abuse. This great importance to folks who are un- this year, bust the budget caps that we is in the President’s budget. This re- employed. It is also important to our just established in the budget agree- form makes sense. Social Security dis- Nation as a whole that we deal with ment? I was one of nine Republicans ability was designed to help people who this issue, to encourage economic who voted for that budget agreement. are unable to work because of a serious growth, to get people back to work. I It was not perfect, but it set up a proc- medical condition. As we all know, the was encouraged yesterday that the ess going forward where we can get law requires those on unemployment Senate majority would permit appro- back to our constitutional duties here insurance to actively seek out job op- priate amendments to this legislation. in the Senate of actually appro- portunities. So the two do not work to- That is one reason I voted to proceed, priating, meaning the oversight nec- gether. Let’s stop the double dipping. of course with the understanding that essary of the Federal departments and These two programs are mutually ex- we would have the opportunity to talk agencies. There has been none over the clusive. Those who cannot work should about this issue, and debate it, and last 4 years when we have not had a be on disability. Those who can work offer amendments. One ought to be how budget. Then prioritizing spending. should be on unemployment insurance we pay for it. That is what we are supposed to be if they are eligible. By passing this Second, we ought to be able to deal doing. That is our constitutional re- simple amendment, we can close this with the underlying problem. Unem- sponsibility. loophole and save $5.4 billion, almost ployment insurance is more of a band- It also did not raise taxes. It also enough to pay for the entire 3-month aid, and we need to be sure we are deal- does have a little bit of deficit reduc- extension that we are talking about on ing with the underlying problem of a tion—not as much as it should have; it the table here today, which is about weak economy and the lack of jobs and was not perfect, but it enabled us to $6.2, $6.3 billion. the lack of a connection between the move forward. So I voted for that budg- In addition, I will be adding another skills that are needed and the jobs that et. Now we are talking about, right provision to my amendments that

VerDate Mar 15 2010 01:38 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.026 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE S108 CONGRESSIONAL RECORD — SENATE January 8, 2014 takes the unemployment insurance economy has still not recovered the would not be better off if we had higher program integrity provisions directly jobs we lost in that recession. This has unemployment and we were paying out out of the President’s budget. These never happened in the history of our more in unemployment benefits. That are programs again in the President’s country. We have never had a recovery is kind of the logical extension of what budget to ensure that the unemploy- this weak. We are down 1.3 million has been argued on the other side as to ment insurance program is working jobs. By comparison, we were up 10.4 why we cannot pay for this. I cannot properly, again taking out the fraud million jobs at this point after the imagine anyone actually believes this. and the abuse in it. The President’s 1981–1982 recession. That recession was Yet for too long we have treated gov- budget instructs the Department of also deep. In fact, it was deeper if you ernment spending as if it does create Labor to implement it. My amendment measure it by the number of people wealth. If I take $1 from the Presiding does too. By implementing the Presi- who were unemployed. Officer, take $1 from one person and dent’s own plan to reduce these im- Ronald Reagan came in, and frankly give that dollar to someone else, that proper payments and speed reemploy- he took progrowth policies and put other person may be better off, but I ment, we save even more money in the them in place and helped to create mil- did not add a dollar to the economy. long run. This pays for, again, this un- lions of jobs. By this time we were up Government programs have to come employment extension over 3 months. 10.4 million jobs after that recession. from somewhere. So that dollar is I hope we can pass my amendment, We were up 9.8 million jobs after the being taken from somewhere and given pay for this extension, and show that 1990 recession at this point. We were up to somebody else. Somehow the notion this legislation is not just about poli- 4.8 million jobs after the 2001 recession. is that is going to add to the economy. tics—what we are talking about here Remember that? The recovery was Again, the logical extension is: Let’s on the floor is not just about politics, called the jobless recovery. Again, we just continue to provide more and more it is about actually helping people who have not even gained back the jobs at government spending; everything will are unemployed to get back to work. I all yet after this recession. We were up be great. That is not how it works. Di- hope when my Democratic colleagues 4.8 million jobs at this point after the viding the pie up differently does not say they are ready to take real action 2001 recession. create more pie. It creates real, con- on getting our economy moving again, Making matters even worse, 1 out of crete progrowth policies to do that, to help Americans who are suffering, every 3 unemployed persons has been policies that mean we are paying out they mean it. out of work for 27 weeks or longer. As less in unemployment benefits because By the way, the fact that we are hav- I said, this rate of long-term unemploy- more people have the skills they need ing this debate, the fact that so many ment is at levels we have not seen. You to get good jobs. That is what we ought Americans are in need of long-term un- would think we would have learned a to be talking about. employment insurance in and of itself lesson here in Washington. You would Yes, I am willing to extend unem- shows that something is not working. think Washington would want to do ployment insurance and pay for it. But In fact, as we have talked about on this something differently. Yet I heard the during that period, let’s come up with floor before, we are now at historic lev- President and the majority leader just a better unemployment insurance pro- els in terms of long-term unemploy- yesterday present an unemployment gram that actually connects people to ment, people who have been unem- extension as if it were some kind of the jobs that are out there. Because ployed for more than 26 weeks. economic panacea, a silver bullet justi- there are a lot of jobs that require The approach taken by the adminis- fying their failure to pay for this ex- skills that are not being filled. Our em- tration and many of my colleagues tension with all of the growth they say ployment system ought to, both for the here and in the other body to bring it will generate. long term and even for the short term, down unemployment and get this econ- Well, the Senate majority leader said focus on that. How do you create better omy moving does not seem to have yesterday, ‘‘For every dollar we spend skills so that people have the oppor- worked, by their own standards. Recall on unemployment benefits, it gets $1.50 tunity, have the tools to be able to ac- that we had a stimulus package. It was back to us just like that.’’ Just like cess those jobs? said that unemployment would be far that? Think about this. If unemploy- Policies that allow more companies lower than it is today. So by their own ment benefits create so much growth, and small businesses to produce qual- standards, it has not worked. If it had, why would we just do a 3-month exten- ity products they can sell here and we would not be debating this today. sion? Why not a 3-year extension? Why around the world, creating better jobs We would not be talking about the would there be any limit? Money may and profits, would help. Implementing need for an extension on an emergency not grow on trees, but apparently in these kinds of policies is not as easy as basis of unemployment insurance. the eyes of some it grows from govern- extending unemployment benefits for a We cannot spend our way to pros- ment programs. few months or raising the minimum perity. That is what we tried to do, in That is not how the economy works. wage. We will not be able to ram these my view, in the stimulus package. I know there are economists out there kinds of policies through in a week on That is one reason it has not worked. you can cite for just about anything. a party-line vote with no debate and no We certainly tried that over the last 5 But the President’s own economic advi- amendments. But there is a real solu- years. If you look at what the govern- sors have written that unemployment tion to the chronic unemployment we ment has done, we spent trillions of benefits slow down the search for jobs. are seeing in our States, and that is dollars we did not have, we have bur- But we do not need to get into a battle the only way to encourage the kind of dened the next generation with pre- of experts here. History has proven income mobility that will close the in- viously unimaginable debt levels that that just spending more money, even come gap, not by tearing people down we talked about earlier. We have now on unemployment benefits, is not the but by bringing people up. Progrowth run 5 years of historic deficits—5 years, solution. It is not the long-term, seri- economic policies obviously need to be trillion-dollar deficits the first 4 years. ous solution to the problems we face as part of the solution here. If we extend Before this administration we had a country. unemployment insurance, we should do never had a trillion-dollar deficit. Last This extension, if it passes, will be so because people are hurting as a re- year’s deficit, again, $680 billion, the the 11th time we have extended unem- sult of the failed policies in Wash- fifth largest in history, is certainly no ployment benefits in the last 5 years. ington. But we should not kid our- cause for celebration, particularly These extensions have cost more than selves into believing that this exten- when the Congressional Budget Office $200 billion. No economic boom has re- sion alone will somehow solve these tells us that we are going to go back to sulted from this spending, just as it did economic problems. Again, it certainly trillion-dollar deficits within 10 years. not result, as I said earlier, from the will not pay for itself. As I said earlier, So we obviously have a huge problem trillion dollars in stimulus money. you cannot take a dollar away from in terms of our debt and deficit. If spending were the answer, we one person and give it to someone else What do we have to show for all of would not be standing here today hav- and create more purchasing power. You this spending that we did? Seventy-one ing this debate. We would be cele- are redistributing that across the econ- months after the recession began, the brating full employment. Our economy omy.

VerDate Mar 15 2010 01:38 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.029 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE January 8, 2014 CONGRESSIONAL RECORD — SENATE S109 It does not have to be that way. We want in this country. How many jobs more months but giving them the op- can pass these pay-for amendments. I are lost every year because people can- portunity to get a job and the dignity have my own amendments, as I said. not get a permit, that a good idea can- and self-respect that come with that. Others have also proposed their amend- not be built? These are jobs that are I urge my colleagues to support my ments. I know Senator AYOTTE has an there if we change the policies here in amendment, pay for this legislation, amendment I am supporting that, Washington, DC. put politics aside, and get to work for again, gets at fraud and abuse in gov- Congress continues to pat itself on the American people. ernment programs and says: Let’s pay the back for scoring political points I yield back my time. for the unemployment benefits. rather than taking on these challenges The PRESIDING OFFICER (Mr. She also, by the way, pays for vet- that face our country. I can tell you HEINRICH). The Republican leader. erans’ benefits that were cut during who is not patting us on the back: It is Mr. MCCONNELL. Mr. President, the budget agreement we just passed. I the American people. They are not over the past several years those of us also support that. She has a little left happy. They are not pleased with our who are fortunate enough to serve have over for actual deficit reduction. progress. There is good reason. They engaged in many fierce debates. Some Senator COBURN is going to have a are actually seeing their take-home have been forced upon us by external proposal out here. I think Senator pay go down as the deficit goes up, in, events, including a searing financial HATCH will have one. Senator MCCON- as the President talked about, a better crisis, while others were brought about NELL will have one. My understanding economy. by an unapologetically liberal Presi- is that Senator COBURN has one that is Fifty years ago the United States de- dent who promised dramatic change also out of the President’s budget. clared a war on poverty. Yet poverty is and who has worked very hard to fol- There are plenty of ideas here as to still a major problem. The goal was low through on that pledge—in some how to pay for this extension, short noble, but the tools we used were not cases, even in the face of legal obsta- term, while we look at better ways to up to the challenge. cles and widespread public opposition. have the unemployment insurance sys- Since the recession began, 9 million So change has, indeed, come. tem work, to connect people who are more Americans have fallen into pov- Despite the daily drumbeat of head- unemployed to the jobs that are out erty and the median household income lines about gridlock and dysfunction in there, by giving them the skills they is down more than 8 percent. Poverty Washington, the truth is that an activ- need. That is where the hard work be- rates have actually increased during ist President and a Democratic-con- gins. this administration with the policies We have got to get this country mov- we have. trolled Senate have managed to check ing again. We have got to do things to It is time for a change. For decades off an awful lot of items on their wish actually increase economic growth and we have exported to the nations around list one way or another. Yet just as im- give people the skills they need to ac- the world these principles that have al- portant as what they did, my col- cess the jobs that are out there. We lowed us to enjoy so much prosperity leagues, is how they did it because that need to pass bills such as the CAREER and success. We have said: Follow the also has been at the heart of so many Act, bipartisan legislation I have intro- American way; the free enterprise sys- of the fights we have had around here over the past few years. These conflicts duced with Senator MIKE BENNET from tem works. We have preached to them Colorado. this gospel, as well as our belief that haven’t stemmed from personal griev- In Ohio, we have about 400,000 people by removing the shackles of govern- ances or contempt, as some would have unemployed. We are told there are ment interference from the market— it. They are, instead, the inevitable about 100,000 jobs right now open in whether in the form of overregulation, consequence of an administration that Ohio. A lot of these jobs are high-tech overspending, or overtaxing—everyone was in such a hurry to impose its agen- jobs. Some are in advanced manufac- can prosper. da that it neglected to persuade the turing, some are in bioscience, some in As U.S. Trade Representative I had public of its wisdom and then cast information technology. We need to be the opportunity to travel all around aside one of the greatest tools we have sure that the people who are unem- the world representing our great coun- in this country for guaranteeing a du- ployed get the skills they need to be try. It was a great honor to tell people rable and stable legislative consensus, able to take advantage of those jobs, the benefits of liberalizing trade, and that tool is the Senate. those opportunities. knocking down barriers to increase Remember, I think we all know par- We can also start by working on tax economic growth and opportunity. It tisanship is not some recent invention. reform. Everybody seems to talk about works. Entrepreneurs and job creators American politics has always been di- it. Let’s do it. Corporate tax reform have lifted more people out of poverty vided between two ideological camps. alone would result in a lot more rev- around the world over the past few dec- Today that is reflected in the two enue coming into the Federal Govern- ades than any government program major parties, but it has actually al- ment by repatriating profits. It would ever could because the free enterprise ways been there. On one side are those help expand opportunities, not for the system does work. We need to get back who proudly place their trust in gov- boardroom, for the people who work in to that. ernment and its agents to guide our in- those companies. Let’s do something we can be proud stitutions and direct our lives. On the People who have looked at this at the of in this Chamber today. Let’s em- other are those of us who put our trust Congressional Budget Office, the eco- power the American people instead of in the wisdom and the creativity of pri- nomic experts, have said: If we did cor- the American Government. Let’s not vate citizens working voluntarily with porate business tax reform, over 70 per- kick the can of spending down the road each other and through more local me- cent of the benefit goes right to the any longer. Let’s take some votes. Not diating institutions, guided by their workers: higher pay, higher benefits. It all of them are going to be easy votes, own sense of what is right, what is fair, is time to ensure that we have a grow- and they shouldn’t be. After all, that is and what is good. ing economy, we are growing that pie, what we are elected to do—take tough Recent polling suggests that most not just carving it up. votes. These votes we take today, Americans fall squarely into the latter Let’s streamline the regulations in though, can make a real difference in camp. People are generally confident this country. Currently the United people’s lives. in their local governments but lack States ranks 34th in the world in the Let’s start today. Let’s pay for this confidence in Washington. time it takes to get a government legislation. Let’s use these pay-fors we Despite the political and ideological green light to actually build some- just talked about that are bipartisan, divides which have always existed in thing. Think about that. This is a key that are sensible, that can be supported our country, we have almost always World Bank measure for ease of doing on both sides of the aisle and in both managed to work out our differences— business. We want America to be at the bodies. Let’s ensure that we put in not by humiliating the other side into top of that list, not halfway down that place the progrowth policies so that we submission but through simple give- list. Unless we do that, we are not aren’t just giving people a little more and-take. It is the secret of our suc- going to see the kind of investment we unemployment insurance for a few cess. The same virtues that make any

VerDate Mar 15 2010 01:38 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.030 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE S110 CONGRESSIONAL RECORD — SENATE January 8, 2014 friendship, marriage, family, or busi- tain of one thing: The Senate can be have in which all 50 States are rep- ness work are the ones that have al- better than it is. Many of us have seen resented equally and where every sin- ways made this country work. And the a better Senate than we have now, no gle Senator has a say in the laws we place where it happens, the place where matter who was in the majority. This pass. This is what the Senate was de- all the national conflicts and con- institution can be better than it is. I signed for. It is what the Senate is sup- troversies that arise in this big, di- just can’t believe that on some level posed to be about, and almost—al- verse, wonderful country of ours have everyone in this Chamber, including most—always has been. always been resolved, is in this Cham- the folks on the other side, doesn’t Take a look at some of the most far- ber. agree. It just can’t be the case that we reaching legislation of the past cen- I realize it may not be immediately are content with the theatrics and the tury. Look at the vote tallies. Medi- obvious why that is the case, but the messaging wars that go on day after care and Medicaid were both approved fact is that every serious student of day. It can’t be the case that Senators with the support of about half the this institution, from De Tocqueville who grew up reading about the great Members of the minority. The Voting to our late colleague Robert Byrd, has statesmen who made their name and Rights Act of 1965 passed with the seen the Senate as uniquely important their mark over the years are now sud- votes of 30 out of the 32 Members of the to America’s stability and to its flour- denly content to stand in front of a Republican minority—all but two Re- ishing. In their view, it has made all giant poster board making some poll- publican Senators. There weren’t many the difference, and here is why—be- tested point-of-the month day after of them. That was the year after the cause whether it was the fierce early day and then run back to their respec- Goldwater debacle. Only two Senators battles over the shape and scope of the tive corners and congratulate each voted against the Social Security Act, Federal Government or those that sur- other on how right they are. I can’t be- and only eight voted against the Amer- rounded industrialization or those that lieve we are all happy about that on ei- icans with Disabilities Act. preceded and followed a nation-rending ther side. None of this happened, by the way— civil war or those surrounding the Don’t misunderstand me—there is a none of it happened—by throwing these great wars of the 20th century or the time for making a political point and bills together in the back room and expansion of the franchise or a decades- even scoring a few points. I know that dropping them on the floor with a stop- long cold war or the war on terror, we as well as anybody. But it can’t be the watch running. It happened through a have always found a way forward, only thing we do. Surely we do some- laborious process of legislating, persua- sometimes haltingly but always stead- thing other than scoring political sion, and coalition building. It took ily, and the Senate is the tool that has points against each other. It cheapens time and it took patience and hard enabled us to find our footing almost the service we have sworn to provide to work and it guaranteed that every one every time. our constituents. It cheapens the Sen- of these laws had stability—stability. I mention all this because as we ate, which is a lot bigger than any of Compare that—compare that, if you begin a new year, it is appropriate to us. will—to the attitude behind step back from all the policy debates Hopefully, we can all agree that we ObamaCare. When Democrats couldn’t that have occupied us over the past few have a problem. I realize both sides convince any of us the bill was worth years and focus on another debate we have their own favorite account of supporting as written, they decided to have been having, and the debate we what caused it. We have our talking do it on their own and pass it on a have been having is over the State of points, and they have their talking party-line vote and now we are seeing this institution. What have we become? points. We all repeat them with great the result. It is not a debate that ever caught fire repetition, and we all congratulate The chaos this law has visited on our with the public or with the press, but it each other for being on the right side country isn’t just deeply tragic; it was, is a debate that should be of grave im- of the debate. I understand that. Peo- my friends, entirely predictable—en- portance to all of us because on some ple over there think Republicans abuse tirely predictable. That will always be level every single one of us has to be at the rules, and we think they do. But, as the case if we approach legislation least a little bit uneasy about what I said, my goal here isn’t to make con- without regard for the views of the happened here last November. But even verts on that front; my purpose is to other side. Without some meaningful if you are completely at peace with suggest that the Senate can be better buy-in, we guarantee a food fight, we what happened in November, even if than it has been and that it must be if guarantee instability, and we guar- you think it was perfectly fine to vio- we are to remain great as a nation. antee strife. late the all-important rules that say The crucial first step of any vision It may very well have been the case changing the rules requires the assent that gets us there is to recognize that that on ObamaCare the will of the of two-thirds of Senators duly elected vigorous debate about our differences country was not to pass the bill at all. and sworn, none of us should be happy isn’t some sickness to be lamented. That is what I would have concluded if with the trajectory the Senate was on Vigorous debate is not a problem. Republicans couldn’t get a single even before that day, even before No- When did that become a problem? It is Democratic vote for legislation of that vember, or the condition we find the actually a sign of strength to have vig- magnitude. I would have thought: Well, Senate in 225 years after it was cre- orous debates. maybe this isn’t such a great idea. But ated. I don’t think anybody is com- It is a common refrain among pun- Democrats plowed forward anyway. fortable with where we are. I know I dits that the fights we have around They didn’t want to hear it. The re- am not, and I bet, even though there is here are pointless. They are not at all sults are clear. It is a mess, an absolute nobody over here at the moment, I bet pointless. Every single debate we have mess. almost none of them are either. around here is about something impor- The Senate exists to prevent that I wish to share a few thoughts on tant. What is unhealthy is when we ne- kind of situation. Because without a what I think we have lost over the last glect the means that we have always moderating institution as the Senate, 7 years and what can be done about it used to resolve our differences. That is today’s majority passes something and together. ‘‘Together’’ obviously re- the real threat to this country, not tomorrow’s majority repeals it; today’s quires the involvement, one would more debate. When did that become a majority proposes something, and to- think, of some people on the other side problem? morrow’s majority opposes it. We see of the aisle. Even though they are not The best mechanism we have for that in the House all the time. But here to listen, they have been invited. working through our differences and when the Senate is allowed to work the Let me state at the outset that it is arriving at a durable consensus is the way it was designed to, it arrives at a not my intention to point the finger of U.S. Senate. An Executive order can’t result that is acceptable to people all blame at anybody, although some of do it. The fiat of a nine-person court along the political spectrum. That, my that is inevitable. I don’t presume to can’t do it. A raucous and precarious friends, is the whole point. have all of the answers either, and I am partisan majority in the House can’t do We have lost our sense for the value certainly not here to claim that we are it. The only institution that can make of that, and none of us should be at without fault. But I am absolutely cer- stable and enduring laws is the one we peace. Because if America is to face up

VerDate Mar 15 2010 01:38 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.031 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE January 8, 2014 CONGRESSIONAL RECORD — SENATE S111 to the challenges we face in the dec- Second, bills should come to the floor here. Senator Mansfield was still the ades ahead, she will need the Senate and be thoroughly debated. We have an majority leader, and he tried to offer the Founders, in their wisdom, in- example of that going on right now, an amendment—Senator Stevens did— tended, not the hollow shell of the Sen- and that includes a robust amendment and the Member of the majority who ate we have today—not the hollow process. In my view, there is far too was managing the bill prevented it, in shell of the Senate we have today. much paranoia about the other side effect. Senator Mansfield came over to First, one of the traditional hall- around here. What are we afraid of? Senator Stevens, took his amendment, marks of the Senate is a vigorous com- Both sides have taken liberties and went back to his desk and sent it to the mittee process. It is also one of the abused privileges. I will admit that. floor for him. He sent it to the floor for main things we have lost. There was a But the answer isn’t to provoke even him. That was the Senate not too long time—not that long ago—when chair- more. The answer is to let folks debate. ago. men and ranking members had major This is the Senate. Let folks debate. If someone isn’t allowed to get a vote influence and used their positions to Let the Senate work its will, and that on something they believe in, of course develop national policy on everything means bringing bills to the floor. It they are going to retaliate. Of course from farm policy to nuclear arms. means having a free and open amend- they are going to retaliate. But if they These men and women enriched the en- ment process. That is legislating. get a vote every once in a while, they tire Senate through their focus and That is what we used to do. That is do not feel the need to. Voting on their expertise. Just as important, exactly the way this place operated amendments is good for the Senate and they provided an important counter- just a few years ago. The senior Sen- it is good for the country. Our con- weight to the executive branch. They ator from Illinois, the Democratic as- stituents should have a greater voice in provided one more check on the White sistant majority leader, likes to say— the process. House. If a President thought some- or at least used to say—that if you Since July of last year, there have thing was a good idea, he had better don’t want to fight fires, don’t become been four Republican rollcall votes. In make sure he ran it by the committee a fireman, and if you don’t want to the whole second half of 2013, Members chairman who had been studying it for cast tough votes, don’t come to the on this side of the aisle have gotten the past two decades. If the chairman Senate. I guess he hasn’t said that late- four rollcall votes—stunning. That is disagreed, then they would have a seri- ly. today’s Senate. ous debate and probably reach a better When we used to be in the majority, So let me say this: If Republicans are product as a result. I remember telling people: Look. The fortunate enough to be in the majority The Senate should be setting na- good news is we are in the majority. next year, amendments will be allowed, tional priorities, not simply waiting on The bad news is, in order to get the bill Senators will be respected, and we will the White House to do it for us. The across the floor, you have to cast a lot not make an attempt to wring con- place to start that process is in the of votes you don’t want to take—and troversy out of an institution which committees. With few exceptions, that we did it and people groaned about it, expects, demands, and approves of is gone. With very few exceptions, that complained about it. Yet the Sun still great debates about the problems con- is gone. It is a big loss to the institu- came up the next day and everybody fronting the country. tion, but most importantly it is a big felt as though they were a part of the A common refrain from Democrats is loss for the American people who ex- process. that Republicans have been too quick pect us to lead. Senator DURBIN was right about that to block bills from ever coming to the Here is something else we have when he said it. I think it is time to floor. What they fail to mention of gained from a robust committee proc- allow Senators on both sides to more course is that often we have done this ess over the years. Committees have fully participate in the legislative either because we have been shut out of actually served as a school of biparti- process, and that means having a more the drafting process—in other words, sanship. If we think about it, it just open amendment process around here. had nothing to do with writing the bill makes sense. By the time a bill gets As I said, obviously it requires us, from in the first place—or it had been made through committee, one would expect time to time, to cast votes we would pretty clear that there wouldn’t be any it to come out in a form that was gen- rather not cast. But we are all amendments, which is, in all likeli- erally broadly acceptable to both sides; grownups. We can take that. There is hood, the situation we are in this very nobody got everything, but more often rarely ever a vote we cast around here day. than not everybody got something, and that is fatal. In other words, we already knew the the product was stable because there The irony of it all is that kind of legislation was shaping up to be a pure- was buy-in and a sense of ownership on process makes the place a lot less con- ly partisan exercise in which people we both sides. tentious. In fact, it is a lot less conten- represent wouldn’t have any meaning- On the rare occasions when that has tious when we vote on tough issues ful input at all. Why would we want to happened recently, we have seen that than when we don’t, because when we participate in that? Is it good for our work. The committee process in the are not allowed to do that, everybody constituents? Does it lead to a better Senate is a shadow of what it used to is angry about being denied the oppor- product? Of course not. All it leads to be, thereby marginalizing, reducing the tunity to do what they were sent here is a lot more acrimony. influence of every single Member of the to do, which is to represent the people So look. I get it. If Republicans had Senate on both sides of the aisle. Major who elected us and offer ideas we think just won the White House and the legislation is now routinely drafted not are worth considering. House and had a 60-vote majority in in committee but in the majority lead- At a meeting we just came out of, the Senate, we would be tempted to er’s conference room and then dropped Senator CORNYN was pointing out there empty our outbox too. But you can’t on the floor with little or no oppor- were 13 amendments people on this side spend 2 years emptying your outbox tunity for Members to participate in of the aisle would like to offer on this and then complain about the backlash. the amendment process, virtually guar- bill, all of them related to the subject If you want fewer fights, give the other anteeing a fight. and important to each Senator who se- side a say. There is a lot of empty talk around riously felt there was a better way to That brings me to one of the biggest here about the corrosive influence of improve the bill that is on the floor things we have lost around here, as I partisanship. If we truly want to do right now. But, alas, I expect that op- see it. The big problem, my colleagues, something about it, we should support portunity will not be allowed because has never been the rules. Senators from a more robust committee process. That one person who is allowed to get prior both parties have in the past revered is the best way to end the permanent recognition can prevent us from get- and defended the rules during our Na- sort of shirts-against-skins contest the ting any amendments or, even worse tion’s darkest hours. The real problem Senate has become. Bills should go still, pick our amendments for us, de- is an attitude that views the Senate as through committee. If Republicans are cide which of our amendments are OK an assembly line for one party’s par- fortunate enough—if Republicans are and which aren’t. tisan legislative agenda rather than as fortunate enough—to gain the majority I remember the late Ted Stevens tell- a place to build consensus to solve na- next year, that will be done. ing the story about when he first got tional problems. We have become far

VerDate Mar 15 2010 01:38 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.033 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE S112 CONGRESSIONAL RECORD — SENATE January 8, 2014 too focused on making a point instead be involved in the process no matter place with a simple majority, he broke of making a difference, making a point which side of the aisle they are on. something. He broke something. instead of making good stable laws. We This is obviously particularly effective But our response can’t be to just sit have gotten too comfortable with view- on bills which come out of committee, back and accept the demise of the Sen- ing everything we do here through the with bipartisan support, so there is an ate. This body has survived mistakes prism of the next election instead of interest in actually passing it. We al- and excesses before. Even after some of the prism of duty, and everyone suffers most never do that anymore—almost its worst periods, it has found a way to as a result. never. On those occasions, we worked spring back and to be the place where As I see it, a major turning point late, sometimes well into the morning. even the starkest differences and the came during the final years of the Bush I know that sounds kind of quaint for fiercest ideological disputes are hashed administration, when the Democratic people who haven’t been around here out by consensus and mutual respect. majority held vote after vote on bills very long, but it actually worked. Indeed, it is during periods of its great- they knew wouldn’t pass. I am not say- There is nothing wrong with staying up est polarization that the value of the ing Republicans have never staged a a little later and getting to a conclu- Senate is most clearly seen. show vote when we were in the major- sion. I can remember the majority So let me wrap it up this way. We are ity. I am not saying I don’t even enjoy leader himself, when he was whip, all familiar with the Lyndon Johnson a good messaging vote from time to walking around late at night on Thurs- reign around here. Robert Caro has time. But we have to wonder, if that is days with his whip card making sure he given us that story in great detail. all we are doing, why are we here? It had enough votes to do whatever he Some look at LBJ’s well-known has become entirely too routine, and it wanted to do. heavyhandedness as a kind of mastery. diminishes the Senate. I don’t care When you finished one of those de- Personally, I have always believed the which party you are in; you came here bates, whether you ended up voting for leader who replaced him was a better to legitimate, to make a difference for the bill or voting against the bill, you fit for this place, and evidently so did your constituents. Yet over the past didn’t have the feeling that, unless you Johnson’s colleagues who elected several years the Senate seems more chose to go away with your amend- Mansfield upon Johnson’s departure like a campaign studio than a serious ment, you had been denied the oppor- with overwhelming enthusiasm. They legislative body. tunity to participate and to be a part had had it up to here with LBJ, and Both sides have said and done things of the process and actually make a dif- they were excited that he was gone. over the past few years we probably ference for your constituents. In fact, Caro reports that he tried to wish we hadn’t. But we can improve That is how you reach consensus: By come to the first lunch after he became the way we do business. We can be working and talking and cooperating Vice President and was going to act as more constructive. We can work through give-and-take. That is the way the sort of de facto majority leader through our differences. We can do everyone’s patience is worn down, not even though he was now Vice Presi- things that need to be done. But there just the majority leader’s patience. Ev- dent. That was, shall I say, will have to be major changes if we are eryone can agree on a result even if unenthusiastically received, and he going to get there. The committee they don’t vote for it in the end. Using was almost literally thrown out of the process must be restored. We need to the clock to force consensus is the lunch never to return, and Mansfield have an open amendment process. greatest proof of that, and if Repub- was, as I said, enthusiastically chosen Finally, let me suggest that we need licans are in the majority next year, to replace him. to learn how to put in a decent week’s we will use the clock. Everybody gets The chronicles of LBJ’s life and leg- work around here. Most Americans an opportunity, but we will use the acy usually leave out what I just told don’t work 3 days a week. They would clock, we will work harder, and get re- you, but by the time he left the Senate, be astonished to find out that is about sults. as I indicated, his colleagues had had it around here. Restoring the committee process, al- enough of him, right up to here. They How about the power of the clock to lowing Senators to speak through an may have bent to his will while he was force consensus? The only way 100 Sen- open amendment process, and extend- here, but the moment they had a ators will be truly able to have their ing the workweek are just a few things chance to be delivered from his iron- say, the only way we will be able to the Senate could and should do dif- fisted rule, they took it. work through our tensions and disputes ferently. None of it would guarantee an With their support, Mike Mansfield is if we are here more. A number of you end to partisan rancor. There is noth- would spend the next 16 years restoring will remember this: Not too long ago, ing wrong with partisan debate. It is the Senate to a place of greater co- Thursday night was the main event good for the country. None of it would operation and freedom. As we look at around here. There is a huge incentive cause us to change our principles or what the Senate could be—not what it to finish on Thursday night if you want our views about what is right and what is now, but what it could be—Mans- to leave on Friday. It is amazing how it is wrong with our country. field’s period gives us a clue. worked. Partisanship itself is not the prob- There are many well-known stories Even the most eager beaver among us lem. The real problem has been a grow- about Mansfield’s fairness and equa- with a long list of amendments which ing lack of confidence in the Senate’s nimity as leader. But they all seem to were good for the country—maybe 10 or ability to mediate the tensions and dis- come down to one thing, and that was 12—around noon on Thursday, it would putes we have always had around here. his unbending belief that every single be down to two or one by midnight on There are many reasons some have lost Senator was equal. That was Mans- Thursday. It was amazing how consent that confidence, and ultimately both field’s operating mode: Every single would be reached when fatigue set in. parties have to assume some of the Senator is equal. He acted that way on All it took was for the majority lead- blame. a daily basis and conducted himself er—who is in charge of the agenda—to But we can’t be content to leave it at that way on a daily basis: The unbend- say: Look, this is important. There is that. For the good of the country, we ing belief that every Senator should be bipartisan support for this. This came need to work together to restore this treated as equal. out of committee. We want to have an institution. America’s strength and re- So, look. Both sides will have to open amendment process, but we want silience has always depended on our work to get us back to where we should to finish this week, and we can finish ability to adapt to the various chal- be. It is not going to happen overnight. on Thursday afternoon or Thursday lenges of our day. Sometimes that has We haven’t had much practice lately. night or Friday morning. We almost meant changing the rules when both In fact, we are completely out of prac- never get worn out around here. parties think it is warranted. When the tice at doing what I just suggested as What happened to the fatigue factor majority leader decided a few weeks the first steps to get us back to nor- to bring things to a close? Amend- back to defy bipartisan opposition— mal. But it is a goal I truly believe we ments voluntarily go away, but impor- there was bipartisan opposition to can all agree on and agree to strive to- tant ones still get offered, and every- what happened in November—by ward together, and it takes no rules body feels like they have a chance to changing the rules that govern this change. This is a behavioral problem.

VerDate Mar 15 2010 01:38 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.039 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE January 8, 2014 CONGRESSIONAL RECORD — SENATE S113 It doesn’t require a rules change. We who eventually became the majority Senator Byrd wrote eloquently about just need to act differently with each leader of the Senate, Howard Baker. that in his book. He talked about the other, respect the committee process, Those were the days of Mansfield and Panama Canal debate. There was a have an open amendment process, and Dirksen. Those were the days when tough debate. They didn’t just bring work a little harder. None of that re- Barry Goldwater and John Tower and the Panama Canal treaty here and plop quires a rules change, because restor- Hubert Humphrey would engage in it on the floor and say we are going to ing this institution is the only way we hours of debates here and hug each vote on it next Monday. Do you think will ever solve the challenges we face. other at the end of their discussion. it would have gotten 67 votes? No, it That is the lesson of history and the Those were the days when the Demo- would not have gotten 67 votes. How lesson of experience. We would all be cratic majority leader would offer an did it get 67 votes? The Democratic wise to heed it. amendment of a Republican Senator leader, Senator Byrd, and the Repub- I yield the floor. whose amendment had been denied un- lican leader, Senator Baker, read David The PRESIDING OFFICER. The Sen- fairly, he thought. Those were the days McCullough’s book and changed their ator from Tennessee. of committees that did their work and minds and they both supported the Mr. ALEXANDER. Mr. President, I Republicans and Democrats who came treaty. Then they allowed every single congratulate the Republican leader for to the floor and together offered bills. amendment and reservation that any- his remarks. Without being presump- I saw the Senate in the 1970s when I body wanted to offer. tuous, I think I could express the hope came back and Senator Baker was the Senator Byrd wrote that many of that all of us feel that he will help us Republican leader and I saw it in the those were killer amendments. In other restore the Senate to the role the 1980s and the 1990s. I saw what the Re- words, they were designed to kill the publican leader said—let’s take the American people need it to play in this treaty. But, he said, we allowed every Panama Canal debate. Senator Baker country. one of them—192 of them. Nothing and Senator Byrd would run the Senate There is a new history of the Senate, passed that was not acceptable to the in the way the Republican leader sug- ‘‘The American Senate,’’ written by joint leadership. He said we beat every- gested, in the way most majority lead- Neil MacNeil, the late Neil MacNeil, thing else. We tabled them or defeated who wrote the best book about the ers have suggested. They would come to the floor and they would put a bill them. But if we had not allowed that to House of Representatives, and the happen and the Senators had not had a former Historian of the Senate. I sus- on the floor that a Republican and a Democratic Senator agreed on—let’s chance to have their say, we would pect this book is likely to become the have never ratified the treaty. say it is Senator MCCAIN and Senator best chronicle of this body. It speaks of I know there may be others who want LEVIN, Senator INHOFE and Senator the Senate as ‘‘the one touch of au- to speak. But we have gone down a LEVIN. They would ask for amend- thentic genius in the American polit- ments. They might get 300 amend- trail in the last several years—just a ical system.’’ It needs to be restored to ments. They would then ask for unani- few years—that I never thought imag- that position. mous consent to cut off all the amend- inable. We have 43 new Members of the The Republican leader is absolutely ments and of course they would get it Senate, 43 Members of the Senate who right. This does not require a change of because everyone had a chance to have are in their first term, plus 1, the Sen- rules. This requires a change of behav- his or her amendment. ator from Indiana, who is in his first ior—some behavior on our part on this Then within that unanimous consent term but served before so he has a side of the aisle, but a great deal of be- agreement would be a procedure for broader view of this. Those Senators havior on the part of whomever the how to vote on them, and they would have never seen this body operate prop- majority leader of the Senate is, be- say: We are here on Monday and we are erly. Most of them are on the other cause that is the person who sets the going to finish this week, just as the side. So it is not necessarily their fault agenda. Republican leader had said. that this is happening, but this is not The debate for this year really is: It does not work perfectly. There was the way the Senate earned the reputa- Will this year be the end of the Sen- a Senator from Alabama, and then tion as the unique deliberative body in ate—which is what the distinguished there was a Senator from Ohio, and the world. No one would recognize it as majority leader said it would be if we they did all they could to put glue in that today. No one would recognize it ever changed the rules in a way that the works. But the majority leader had as the authentic touch of creative ge- allowed the majority to cut off de- all the tools he needed to run the Sen- nius in the American system of govern- bate—or will it be the year in which ate in that way. Everybody got a say. ment. the Senate is restored, restored to that Senator Byrd, in his last remarks be- My hope would be that the Demo- role of authentic genius in the Amer- fore the Rules Committee, and I was cratic leader would recognize this and ican system? I hope it would be that there to hear it, said we should never have a change of behavior tomorrow, or way. I hope it starts tomorrow because tear down this necessary fence. He maybe later this afternoon. But if he it could be started as quickly as tomor- meant the filibuster that protects us does not, I hope the American people row because it requires no change of from an excess of the executive and take this seriously and take it into ac- rules, only a change in behavior, and runaway popular factions. But he said count when they cast their votes in No- that could happen as soon as tomorrow. one other thing. Senator Byrd said in vember and put six more Republicans But we know it can happen after No- 2010 that any majority leader had the on this side of the aisle so a Republican vember if we have six more Republican tools he needed already in the rules to leader can restore this body to the lus- Senators on this side. operate this Senate in the way it ter it deserves, and the American peo- We have heard your commitment on should be run. So we need a change in ple deserve, as the authentic touch of the floor today about how the commit- behavior, not a change of the rules. genius in the American political sys- tees can operate, about how amend- One more example that goes to the tem. ments should operate. We have heard point the Senator from Kentucky Mr. WICKER. I suggest the absence that before in our own meetings, in pri- made. How important is it to be able to of a quorum. vate lunches, and I am glad you took offer an amendment? Serving in the The PRESIDING OFFICER. The the occasion in this eloquent way to Senate today is like being invited to clerk will call the roll. say to the American people and all of join the Grand Ole Opry and not being The legislative clerk proceeded to us what we expect out of service in the allowed to sing. The people of Ten- call the roll. Senate. nessee expect me to have an opinion on Mr. THUNE. Mr. President, I ask I had the privilege, as the Senator their behalf about ObamaCare, about unanimous consent that the order for from Kentucky did, of seeing Senator Iran, about all of the issues—how do we the quorum call be rescinded. Mansfield as the leader of this body. I help unemployed Americans get a job, The PRESIDING OFFICER (Mr. have not served in the Senate as long about the minimum wage or the lack of COONS). Without objection, it is so or- as others who were here, but I came it. They expect me to have a say about dered. here—it seems hard to believe—47 that, not because they want to hear me Mr. THUNE. Mr. President, we just years ago as a young aide to a Senator but because I am their voice. heard a very eloquent speech given by

VerDate Mar 15 2010 02:20 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.040 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE S114 CONGRESSIONAL RECORD — SENATE January 8, 2014 the Republican leader on the Senate years ago, which is an example—a by- and offer breakthrough treatments floor about the history of the Senate product, if you will—of one-party rule, that are unavailable at many other and the role it has played in our de- where a big piece of legislation is hospitals. People come to these hos- mocracy, its past, and what could be jammed through in a partisan way; pitals when other treatments have its future if we can restore it to where that is, ObamaCare. failed, and they often find hope. But it once was. My colleagues on the Democratic these kinds of hospitals—world-class, The leader talked a lot about what side recently spent a lot of time talk- cutting-edge facilities—are the hos- used to be taken for granted around ing about income inequality. After 5 pitals most likely to be excluded from here, such as the committee process years of stagnation in the Obama econ- exchange plans. working and functioning where com- omy and an ever-growing gap between Time reports that ‘‘a December 13 mittees reported legislation out, the rich and poor, I say it is high time McKinsey study of 20 U.S. Metropoli- worked on it, and brought it to the for us to talk about that. But a critical tan areas found that two-thirds of ACA floor. part of that discussion that Democrats plans analyzed had ‘narrow’ or ‘ultra’ We had an amendment process. When don’t want to have has to be the ways narrow networks, with at least 30 per- legislation got to the floor, it could ac- in which ObamaCare is contributing to cent of top 20 hospitals excluded for tually be debated. We would have the problem. coverage.’’ amendments offered and amendments As the last few months have made The consequences of these narrow or would be voted on. Individual Senators clear, ObamaCare is making it worse ultranarrow networks are many. First, had an opportunity to offer amend- for millions of Americans. Huge pre- of course, these networks might not in- ments and could thereby be the voice mium increases and soaring out-of- clude your doctor. If you have been our people who elected us to be here in pocket costs mean that families will forced off your health plan into a new the Senate. have to take money that they would private plan or exchange plan, your Unfortunately, in many respects with have used to buy their first home or new plan may not cover the doctor you this current Senate, the wheels have pay for a child’s college education and have been seeing for years—the doctor come off. We find ourselves with a use it instead to pay for health care. you like and who knows your medical process where typically the amend- Crippling mandates on employers mean history. This is detrimental to any pa- ment tree is filled, which blocks that fewer jobs are available for the tient, but for someone who is being amendments from being offered. Per- unemployed and hours are reduced for treated for a serious illness, this could haps the best factoid with regard to workers. As if the economic problems be devastating. that is that there have only been four caused by the law aren’t enough, re- Switching doctors midstream while Republican amendments voted on since cent weeks have made clear that the being treated for cancer or another se- July—half a year. Over the course of quality of care is likely to diminish rious illness could have a disastrous half a year, we have had four Repub- thanks to the President’s health care impact on the quality of the care the lican amendments that were voted on law. patient receives. in the Senate. In any institution where Contrary to the President’s promise In addition to losing the doctor you there is any form of open debate and that you could keep the doctor you had have and like, these narrow networks open amendment process, there is and liked, millions of Americans are also mean your choice of a replacement going to be a lot more votes than that, discovering they will be losing their will be limited—at times severely lim- and I think that is very telling about doctors this year and their choice of re- ited—and that the same quality of care where we are. I was here as a young staffer back in placement is limited. Why? Because may simply not be available in the new 1985 and 1986. At that time Senator Bob ObamaCare provides an incentive for network. Still another consequence, as Time Dole was the majority leader in the insurers to limit the pool of doctors— points out, is the distance people may Senate. It was a very different place. I and I might add hospitals as well—that worked on some issues for my boss, and you can visit. The President’s health have to travel to get to their doctor or he had his opportunity, as did other care law placed a number of new bur- hospital. Excluding hospitals from an Senators at that time, to come to the dens on insurers, from new taxes to a insurance network may not present a Senate floor, offer amendments, and requirement that everyone with pre- huge travel problem for urban resi- speak out on behalf of his constituents existing conditions be covered at the dents—the article notes—but residents on issues that were important to them same rate as healthy individuals. in rural areas may be forced to drive a and important to him, and that is On top of that, the law gave States long way to reach a hospital in their something that has become a bygone the authority to tell insurance compa- network. era. nies how much they are allowed to Time quotes Kaiser Family Founda- I also had the opportunity—prior to charge for their health plans. As a re- tion senior fellow Karen Pollitz, who being elected to the Senate—to serve in sult, insurance companies are facing notes that exchange customers in cen- the other body, the House of Rep- huge new cost increases with very few tral Maine have to travel as far as resentatives, where things are very ways to cover those costs. Many com- Portland to reach a covered hospital. structured. There is a rules committee panies have chosen the one cost control That could be a 21⁄2-hour drive. That is there that basically regulates what leg- measure still available to them; that not exactly ideal if someone is, say, islation comes to the floor, what is, limiting their networks of doctors having a baby or a serious health cri- amendments will be made in order, and and hospitals. sis. how much time is allowed for debate on In California, for example, as a Time Let’s suppose that you do somehow each amendment. That is how that in- magazine article recently reported, find an affordable plan on the ex- stitution was structured. Blue Shield offered doctors a choice— changes that does cover your doctor. The Senate, as Senator MCCONNELL be reimbursed up to 30 percent less for You still may not be able to get care. the Republican leader pointed out ear- medical care or be excluded from the A recent FOX News article focused on lier, is a very different institution by network. The Time article was entitled expert warnings that the health ex- design. Our Founders wanted it to be ‘‘Keeping Your Doctor Under change system may start to look a lot different. Senator ALEXANDER, in his ObamaCare Is No Easy Feat’’ and goes like Medicaid, the Federal health in- remarks, talked about an author who on to report that ‘‘among the providers surance program for the poor. Similar described the Senate as a touch of au- who declined to accept the lower rates to the exchanges, Medicaid features thentic genius. We have gotten very far were some of the state’s most pres- narrow provider networks, as many away from that in terms of its historic tigious—and expensive—hospitals, in- doctors either refuse Medicaid patients role and certainly what should be its cluding Cedars-Sinai Medical Center in all together or limit the number they role today as we debate major policy Los Angeles and hospitals affiliated see because of Medicaid’s lower reim- and major legislation that impacts with the University of California.’’ bursements. over 300 million Americans. There is a reason these hospitals are So what is the result? Medicaid pa- Today I come to the floor to discuss prestigious and expensive. They are on tients generally face worse outcomes an issue that was debated here a few the cutting edge of medical research than patients with private insurance.

VerDate Mar 15 2010 01:38 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.042 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE January 8, 2014 CONGRESSIONAL RECORD — SENATE S115 They wait longer for doctors if they that sunlight is a critical component of its—buried in the fine print—could end can get in to see them at all. The sur- good government. That is the motiva- up cutting by more than half the over- vey published in the New England tion behind the Truth in Settlements all value of the $8.5 billion settlement. Journal of Medicine found that 66 per- Act, and I am proud to fight alongside Another way to hide the ball is to cent of children on Medicaid were de- Dr. COBURN to advance this legislation. omit an upfront determination and dis- nied appointments with specialists When companies break the law, Fed- closure of whether the settlement will compared to just 11 percent of children eral enforcement agencies are respon- be tax deductible. Several years ago, covered by private insurance. Patients sible for holding them accountable. In the Justice Department announced a on Medicaid are more likely to suffer nearly every instance, agencies choose $385 million settlement with Fresenius complications and spend longer in the to resolve cases through settlement Medical Care for allegedly defrauding hospital, and they are more likely to rather than going to a public trial. The Medicare and other health programs die from cancer, surgical complica- government agencies defend this prac- for years. When the agreement was tions, and other problems. tice by arguing that their eagerness to originally announced, the Justice De- Unfortunately, this could soon be the settle is in the best interests of the partment touted the sticker price as future of those forced into narrow net- American people. But their actions the agency’s largest civil recovery to works on the exchanges. Patients will paint a very different picture. date in a health care fraud case. But be denied access to top doctors and If agencies were truly confident that the DOJ didn’t say a word about the hospitals and will be forced to compete these settlements were good deals for tax treatment. The agency’s failure to with other patients for access to a lim- the public, they would be enthusiastic even consider that issue was a very ited number of health care providers. about publicly disclosing all of the key costly mistake. By the time the com- Even those Americans whose plans details of those agreements—hang it pany finished claiming all of its tax de- cover their preferred doctors will not right out there so everyone can see ductions from the settlement, it ended necessarily be able to get in to see what a great job they did on behalf of up paying $100 million less than origi- their doctor if he is forced to start lim- the American people. nally advertised. In other words, the iting the number of exchange patients So is that what they do? No. Instead, taxpayers picked up more than a quar- he takes. time after time, agencies do the oppo- ter of the tab. Analysts, Fox News warns, ‘‘empha- site, hiding critical details about their It takes a lot of digging around to size . . . that having health insurance settlements in the fine print or, worse, uncover these unflattering details, but won’t necessarily translate into access hiding those details entirely out of at least it was possible to do so in to health care.’’ public view. these cases because of public informa- Let me repeat that: Analysts empha- Copies of these agreements—or even tion about these two agreements. For size that having health insurance won’t the basic facts about the agreement— settlements that are kept confidential, necessarily translate into access to are not easily accessible online. Many the public is completely in the dark. health care. agencies regularly deem agreements Just last year, Wells Fargo agreed to This is what the grand promise of confidential without any public expla- pay the Federal Housing Finance Agen- ObamaCare has come to: Even those nation. When agencies do make public cy $335 million for allegedly fraudulent who have managed to make their way statements about these agreements, sales of mortgage-backed securities to through the broken exchange Web sites they often trumpet large dollar Fannie Mae and Freddie Mac. That is and find an affordable plan still may amounts of money for the taxpayers. about 6 percent of what JPMorgan paid not be able to get health care. What they don’t trumpet is that the in a public settlement with FHFA to Is this the rosy future we were prom- companies often pay dramatically less address very similar claims. So in what ised? ObamaCare was supposed to fix than the ‘‘sticker price’’—through ways did the actions of Wells Fargo dif- our health care system. The President ‘‘credits’’—for engaging in routine ac- fer from those of JPMorgan? We will promised it would reduce costs and ex- tivities or through potentially huge never know, because the JPMorgan set- pand access to care. Every American tax deductions. tlement is public, but the much small- was supposed to benefit. Instead, mil- Add up all of these tricks and we end er Wells Fargo settlement is confiden- lions of Americans have lost their up with a predictable result: Too often tial. plans. Health insurance costs have the American people only see what the The American people deserve better. soared. There are parents who now agencies want them to see about these Government enforcement agencies can’t afford to insure their children agreements. work for us, not for the companies they and cancer patients who are losing These hidden details can make all regulate. Agencies should not be able their doctors and hospitals. Those few the difference. When we dig below the to cut bad deals and then hide behind who have gained coverage are facing a surface, settlements that seem tough their embarrassing details. The public system well on its way to becoming a and fair can end up looking like sweet- deserves to know what is going on. copy of Medicaid. heart deals. The Truth in Settlements Act re- Surely we can do better. We have to For example, last year, Federal regu- quires transparency. It requires agen- do better. It is time to abandon the lators entered into a settlement with cies making public statements about failed ObamaCare experiment and 13 mortgage servicers accused of illegal their settlements to include expla- move on to real health care reform. We foreclosure practices. The ‘‘sticker nations of how companies get credits can do that and we should do that. price’’ on the settlement was $8.5 bil- and whether the wrongdoers will be eli- I yield the floor. lion—that is a really nice headline— gible for tax breaks for their settle- The PRESIDING OFFICER. The Sen- but $5.2 billion of the settlement was in ment payments. The bill also requires ator from Massachusetts. the form of credits, not in cash out- agencies to post text and basic infor- TRUTH IN SETTLEMENTS ACT lays. These credits were described in mation about their settlements online. Ms. WARREN. Mr. President, I rise the government’s press release as cov- And while the legislation permits con- to support the Truth in Settlements ering what they called ‘‘loan modifica- fidential settlements, it requires agen- Act. This bipartisan legislation, which tions and forgiveness of deficiency cies to disclose how frequently they are I introduced earlier today with my col- judgments.’’ So what does that mean? invoking confidentiality and to explain league from Oklahoma, Dr. COBURN, Well, it turns out the servicers could their reasons for doing so. will help the public hold Federal agen- rack up those credits by forgiving mere If we expect government agencies to cies accountable for the settlements fractions of large unpaid loans. So, for hold companies accountable for break- they make with corporate wrongdoers. example, if a servicer wrote down ing the law, then we, the public, must I am honored to partner with Dr. $15,000 of a $500,000 unpaid loan bal- be able to hold agencies accountable COBURN on this bill. In his decade in ance, that servicer doesn’t just get a for enforcing the law. We can’t do that the Senate, he has been a leader in the $15,000 credit for the amount they if we are kept in the dark. The Truth fight for greater government trans- wrote down, they get a credit for the in Settlements Act shines a light on parency. Dr. COBURN and I do not agree whole $500,000—the full value of the these agency decisions, and it gives the on every issue, but we strongly agree loan. That method of calculating cred- American people a chance to hold

VerDate Mar 15 2010 01:49 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.043 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE S116 CONGRESSIONAL RECORD — SENATE January 8, 2014 agencies accountable for fairly and ef- Greg Maddux is a fine man. I have able stand on the issues that matter fectively enforcing our laws. I urge my great affection for him and his family. most to the middle class. You have to colleagues to join us in supporting this I am sure this is one thing that Sen- give them credit, they are doing their bill. ator MCCONNELL and I agree on. best to divert attention away from this Thank you, Mr. President. I suggest This afternoon, the Republican lead- issue. This is opposition—and it is cold- the absence of a quorum. er came to the floor to complain about hearted—to extending unemployment The PRESIDING OFFICER. The the minority’s ability to offer amend- benefits. It is a very tough position to clerk will call the roll. ments, in particular, to offer amend- defend, especially when Republicans The assistant legislative clerk pro- ments on the 3-month extension of the around America support what HELLER ceeded to call the roll. legislation now before this body. It is and REED of Rhode Island are trying to Mr. REID. Mr. President, I ask unan- interesting that during the Republican do. Democrats support it, Independ- imous consent that the order for the leader’s remarks there wasn’t a word ents, but Republicans in Congress do quorum call be rescinded. uttered about jobs, about unemploy- not and they have said so. The PRESIDING OFFICER. Without ment compensation, or the economy— The Republicans’ complaint that the objection, it is so ordered. not a word. majority never allows the minority to CONGRATULATING GREG MADDUX So it is very clear what went on here offer amendments is false. It is not Mr. REID. Mr. President, the Repub- today with my Republican colleagues. true. It is another diversion. lican leader and I don’t agree on every- Remember, the Republican leader came During my tenure as majority lead- thing, but we do agree on some. There and Republican Senators came and sat er—there has been volumes of stuff is one thing no one can dispute we here with him. It is impossible for my written about the obstruction we have agree on, and that is our love of base- Republican colleagues to explain to the had with my Republican colleagues ball. We both love baseball season. It American people their callous opposi- during the last 5 years with the Obama gives us an opportunity, when we go tion to the plight of the 1.3 million administration. Think of the obstruc- home after working here, to turn on Americans. About 20,000 of them live in tion that took place when Barack the TV and watch a few innings of a Nevada. Obama decided to run for reelection. baseball game. Two very fine Senators on a bipar- That was a little interesting because For some people, baseball is a very tisan basis have this legislation before the Republican leader said his No. 1 slow, boring opportunity to watch peo- this body: JACK REED of Rhode Island— goal as a Senator and the leader of the ple moving slowly, but Senator MCCON- and Rhode Island is tied, as we speak, Republicans was to make sure he was NELL and I love it. We talk about base- with Nevada for the highest unemploy- not reelected. He fell real short on that ball. We love the Nationals. He and I ment rate in the country—and the because he was reelected overwhelm- have great affection for the Nationals other Senator is my friend, the Repub- ingly. So during that period of time: because of Bryce Harper, a Las Vegas lican Senator from Nevada, the junior obstruction, obstruction, obstruction, athlete. Senator from Nevada DEAN HELLER. It obstruction, and after he was reelected The reason I mention that is because is an important move they made on be- it continued. today, Nevada’s greatest baseball half of their States and the American During my tenure as majority leader, hero—in fact, one of the greatest base- people. the Senate has voted on minority ball heroes not of Nevada but of all Republicans, though, do not want to amendments at a higher rate than it time—was inducted into the Baseball talk about the problems facing the did during either of my Republican Hall of Fame. middle class, as evidenced by what predecessors—and the largest rate of Greg Maddux is an extremely nice went on this afternoon. They do not minority amendments probably in the man—a man of humility. I have gone want to talk—these Republicans— history of the Senate. But let’s just out to dinner with him and his lovely about the solutions to falling wages talk about Republican Leader Frist wife a few times. I know his brother and job shortages. and Republican Leader Trent Lott— well, who was also a professional base- In America today, the rich are get- both friends of mine. I still am in touch ball player, and he would be the first to ting richer and the poor are getting with them all the time. They are peo- say when he was playing baseball and poorer and the middle class is being ple I will always admire and have great today about how average he was: I am squeezed. During the last 30 years, the respect for. not a great athlete. But he is one of the top 1 percent’s wealth and income has Since I have been leader, 7 out of 10 best of all time. amendments on which the Senate has He started his career with the Chi- increased by triple numbers—triple. voted have been Republican amend- cago Cubs and went on to win 355 pro- But what has happened to the middle ments. Under Senator Frist’s leader- fessional Major League Baseball games class during that same 30 years? Their ship, certainly there were not that and four consecutive Cy Young awards. wages have gone down 10 percent—tri- many, I will tell you that, that were of- Today he received almost 98 percent of pling to going down 10 percent. So they do not want to talk about fered by the minority. Under Senator all votes cast—the second highest tally this, and that is why they plan to vote Lott’s leadership, only 54 percent of in the history of Hall of Fame voting. So I congratulate this good man on against an extension of these emer- the amendments considered by the the honor he received so deservedly—I gency unemployment insurance bene- Senate were offered by the minority. repeat, a man of humility; a man who fits. The vast majority of them voted During my leadership of the 111th had probably the greatest control in to not even let us get on the bill and Congress, minority amendments rep- the history of baseball of being able to have a debate, but a few stepped for- resented a greater share of all amend- throw a ball to the spot he wanted. He ward and said: No, we should have a de- ment votes than during any single Con- is not a big man. That is an under- bate on this, and a debate we are hav- gress during either Leader Frist’s or statement. He is not a big man, but he ing. Leader Lott’s tenure. Facts. In fact, often the minority is pre- was precise in where he could throw My Republican colleagues are look- vented from offering amendments. that baseball. ing for a distraction, a diversion, a I have such fond memories of Greg phony process argument to steal atten- Why? Their own Senators will not Maddux. The last election was kind of tion away from their unconscionable allow amendments. How many times a hard election for me. So I called stand on the issues that matter most has the Presiding Officer and others Greg. I called him on his cell phone. I to the middle class. come to this floor and wanted to offer said: Greg, I want you to be a Repub- This issue of unemployment insur- an amendment—objection on the other lican for Reid. Would you do that? ance was not developed by some polit- side because they want to offer an He said: I will do that. ical science professor from Harvard or amendment that has nothing to do I said: What are you doing? Yale or Stanford. It is something to with anything we are debating on the He said: I am playing golf. help people who are in desperate shape. floor at a given time. I said: Can you break 80? I repeat, they are looking for a dis- Last year just a handful of Repub- And he said: If you leave me alone, I traction, a process argument to steal lican Senators held up any legislation. can break 70. attention away from their unconscion- The best example was the legislation

VerDate Mar 15 2010 01:49 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.045 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE January 8, 2014 CONGRESSIONAL RECORD — SENATE S117 we tried to do dealing with energy effi- But I do hear that some of my Repub- curred under the leadership of the Re- ciency. Energy efficiency. We could not lican colleagues want to pay for this. I publican Senator from Kentucky dur- get it done because of Republican ob- disagree with them, but that is what ing the Obama administration. struction. they want to do. So far all we have In the history of the United States, Often a particular Republican will heard from Republicans’ pay-fors is 23 district court nominees have been prevent any Senator from offering an this: take a big whack out of filibustered—in our entire history. amendment unless he gets a vote on ObamaCare. There are 9 million peo- Twenty have been filibustered under what he wants voted on first—a little ple—approaching 10 million now—who the leadership of the Republican Sen- unusual. benefit from ObamaCare. So they want ator from Kentucky during the Obama So let’s not revise history. Let’s talk to damage every one of those 9-plus administration—20 out of 23. Nearly about history as I know it and as the million people. Or they have another half of all the nominations that have books report how we should know it, one: go after children—children—with been filibustered: under this Senate Re- what the facts are in the CONGRES- the child tax credit. Those are their publican leadership. Is there any won- SIONAL RECORD. two pay-fors at this point—a little der why the rules needed to be We know how under my friend the scary, I would think. changed? Republican leader’s leadership there So I am waiting, we are waiting for We look at the wait time of those has been obstruction in the way of the Republican suggestions on how to pay who finally get out of committee and filibusters. Filibuster is not some right for a full-year extension of unemploy- sit on the calendar waiting indefi- that was placed in the Constitution. It ment insurance. Let’s hear from them nitely. It breaks my heart to think of is a privilege that was granted under how they want to pay for it. They say the fine women and men who are will- the Senate rules, and that has been they want to pay for it. Let’s hear ing to offer their lives in public serv- abused big time. what they want to do. ice, go through extensive background Their obstruction has continued to The PRESIDING OFFICER. The Sen- checks, make the necessary personal be unprecedented over the last 5 years. ator from Illinois. sacrifices, and languish on our calendar Half of all filibusters waged in the his- Mr. DURBIN. Mr. President, I wish to for no earthly reason. tory of the country—that is 230-plus thank the majority leader for his com- In the end many of them have been years—half of them have been waged ments, and I will be very brief because approved with overwhelming votes, and against President Obama’s nomina- I know the Senator from Iowa has a yet they have been subjected to these tions—half of them in 5 years compared statement he wants to make. incessant Republican filibusters. The to 230 years. Let me just say that the statement case involving our colleague, Congress- Last year Republicans mounted the made on the floor earlier this after- man Mel Watt of North Carolina, is one first ever filibuster of a Secretary of noon by the Republican leader never of the most egregious. It is the first Defense—by the way, a former Repub- once addressed the issue pending before time, I believe, since 1843 that a sitting lican Senator. They even filibustered the Senate. Pending before the Senate Member of Congress has faced a fili- him. is an emergency unemployment insur- buster in the Senate when appointed to I understand Republicans do not ance bill that will provide benefits to a Presidential nomination. Finally, we want to talk about how we can create 1.3 million Americans who are out of broke that after the rules change. I was jobs, how we can boost the economy or work and for 8 days now have been re- heartened to see that Congressman any of the other issues that matter ceiving no assistance whatsoever. Watt was sworn in yesterday to this most to the middle class. I understand Imagine the struggles they are facing. position dealing with America’s hous- that Republicans are struggling to ex- That is why we called this bill first ing challenges. plain turning their backs on 1.3 million when we returned from our holiday re- But that was an example of an out- unemployed Americans. But I do wish cess. We consider it a priority. We were rageous filibuster against a colleague, they would stop trying to justify their heartened yesterday when six Repub- a fellow Member of Congress, a Member opposition to helping Americans in licans joined us to move this bill for- of the House of Representatives. The need with false claims and distortions ward. It gave us hope that we were coup de grace, of course, was the DC of the truth. going to do something to get this done Circuit Court of Appeals, where we of- Finally, as I leave the floor, I prefer in a timely way to help a lot of deserv- fered three well-qualified nominees to not to pay for this emergency situation ing people all across the United States. fill obvious vacancies on that Court, where we have long-term unemployed. We hoped today, when the Repub- and they were stopped by the Repub- This is an emergency, and it should be lican leader from Kentucky came to lican filibusters, one after the other considered accordingly and should not the floor, that he would address the ur- without any complaint about their be paid for in the normal course around gency and necessity of this bill. He did qualifications, well qualified for this here. not. As Senator REID has said, he want- position to serve on the DC Circuit We believe in reducing the debt. In ed to talk about the Senate rules. Court. the Senate Chamber with me now is The Senate rules are important, It was not until Senator REID lead us someone whom I had the pleasure of make no mistake. But they are cer- in changing the Senate rules that we appointing to the Bowles-Simpson tainly not as important as providing finally found this necessary relief. It is Commission, the senior Senator from essential benefits, essential relief and time for us to return to the issue at the State of Illinois, the assistant ma- help to 1.3 million unemployed Ameri- hand. Pending before the Senate is jority leader. He worked hard. We have cans—people who are trying to pay emergency unemployment benefits for not followed Bowles-Simpson as a their utility bills, avoid eviction, put 1.3 million Americans. As important as bible, but it certainly has been a guide gas in the car, and go out and find a a rules debate may be to some in this we have followed. While we could have job. That is a higher priority, and I had Chamber, there is nothing more impor- done better, we have done pretty good. hoped the Republican leader would ad- tant than to deal with this in a timely We are approaching having reduced the dress it. Instead, he wants to talk way. I hope the Republicans will take debt by some $3 trillion right now as about the rules. the advice of the leader that he gave at we speak. We could reduce it another $1 What the Senator from Nevada, our the end of his remarks, produce for us trillion if we could get comprehensive majority leader, has said is a matter of their pay-for, if that is the course that immigration reform done. record. It is still amazing to consider they want to follow, for us to pay for The goal of Bowles-Simpson was $4 this: Nearly half of all the filibusters those unemployment benefits for the trillion. So when I say this is some- waged on nominations in the history of coming year. We are waiting for their thing that has not been paid for ordi- the United States of America have response. In the meantime, I hope that narily in the past, that is true, but been waged under the leadership of Re- some will come forward and join us in that does not take away from the fact publican Senator MCCONNELL during what has traditionally been a bipar- that we all are going to continue to the Obama Presidency—nearly half. In tisan effort to help those in America work on this side of the aisle to reduce the history of the United States, 168 seeking work. the debt. nominees have been filibustered; 82 oc- I yield the floor.

VerDate Mar 15 2010 02:20 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.048 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE S118 CONGRESSIONAL RECORD — SENATE January 8, 2014 The PRESIDING OFFICER. The Sen- their own capacities and a lack of education ment programs that took place under ator from Iowa. and training and a lack of medical care and the aegis of the Great Society coin- Mr. HARKIN. Mr. President, first I housing, and a lack of decent communities in cided with an end to economic progress want to thank our leader and our as- which to live and bring up their children. for America’s poor people.’’ sistant leader for their great leadership President Johnson continued: Wow. That is quite an assertion by and for their eloquence here on the Our chief weapons will be better schools President Reagan. So allow me, on this floor today and for correctly stating and better health and better homes and bet- ter training and better job opportunities to 50th anniversary, to take a few min- what the issue is. It is not rules; it is help more Americans, especially young utes to point out many of the ‘‘fail- justice. I am going to speak about that Americans, to escape from squalor and mis- ures’’ of the war on poverty and the myself. ery and unemployment rolls, where other Great Society. Perhaps a good place to Mr. President, 50 years ago today, citizens help to carry them. start is by pointing out the ‘‘failure’’ of President Lyndon Johnson came before In the months that followed this Medicare. At the bill signing ceremony Congress and spoke these bold words: State of the Union address, President for the Social Security Amendments ‘‘This administration today, here and Johnson proposed specific programs to Act on July 30 of 1965, President John- now, declares unconditional war on attack poverty and inequality. He ar- son enrolled former President Harry poverty in America.’’ ticulated his broader vision for what he Truman as the first Medicare bene- Lyndon Johnson, as we all know, was called a Great Society. There is no bet- ficiary and presented him with the first born and raised in stark poverty in the ter place to appreciate the boldness Medicare card. Texas hill country, coming of age dur- and accomplishment of this era than at These days we talk about life after 65 ing the Great Depression. From hard the Lyndon Baines Johnson Library as the golden years. I tell you, life personal experience, he understood how and Museum in Austin, TX. after 65 used to be the nightmare years, poor schools, empty stomachs, and bad My favorite part is a room—I have with tens of millions of Americans un- health make a mockery of America’s been there several times—commemo- able to afford even basic medical care, promise of equal opportunity for all. rating the Great Society with plaques condemned to live out their senior When President Johnson delivered and signing pens all along the wall, years in the misery of untreated or that historic State of the Union ad- listing the incredible array of legisla- poorly treated illnesses. dress, our Nation was enjoying unprec- tion that President Johnson had passed In 1959 the poverty rate among older edented post-war prosperity. We had into law. Listen to these: The great Americans was 35 percent. Since the become, in John Kenneth Galbraith’s Civil Rights Act, the Voting Rights Great Society programs started, the famous words, the ‘‘affluent society.’’ Act, Job Corps, VISTA, Upward Bound, poverty rate among seniors has fallen However, in the midst of this Nation of the Food Stamp Program, legal serv- by nearly two-thirds. What a failure. prosperity and plenty, there was also ices for the poor, the Community Ac- What a failure. Medicare is especially ‘‘the other America’’ as author Michael tion Program, community health cen- personal to me. I remember my father, Harrington told us. ters, Head Start, the Elementary and who was then in his late 70s, and never Fully one-fifth of our population was Secondary Education Act, the Higher had access to any regular health care trapped in poverty. Across Appalachia, Education Act, Medicare, Medicaid, the in his life. My father only had a sixth- in urban ghettos, in large swaths of National Endowment for the Arts and grade education, worked in coal mines rural America, millions of American Humanities, Public Broadcasting, the most of his life, and suffered from what children were being raised in shacks National Mass Transportation Act, the they then called ‘‘coal-miners lung.’’ and slums, going to bed hungry, at- Cigarette Labeling Act, the Clean Air They always called it ‘‘coal-miners tending grossly substandard schools. Act, and the Wilderness Act. lung.’’ Worse, experts described this poverty It takes your breath away, to think He would get sick all the time. If it as ‘‘intractable.’’ Experts warned that about all that was done. These Great were not for the compassion and the despite the Nation’s overall prosperity, Society programs have defined the generosity of the Sisters of Mercy who poverty was growing more widespread, modern United States of America as a would take care of him when he got because as one study put it, the poor compassionate, inclusive society, a sick and nurse him back to health, I do were ‘‘not part of the economic struc- genuine opportunity society where ev- not know what would have happened to ture.’’ eryone can contribute their talents and him. But I can remember, coming home A report then by the President’s abilities. from the military on military leave in Council of Economic Advisors asserted Last month, on December 4, in his late 1965, and my father had his Medi- that, ‘‘future economic growth alone landmark speech on inequality, Presi- care card. will provide relatively few escapes dent Obama noted that these and other from poverty.’’ Economic growth initiatives have helped to reduce the For the first time in his life, for the alone, they said, will not solve the poverty rate by 40 percent since the first time in his life—and now he was issue of poverty. Of course, I must add, 1960s—have helped reduce the poverty approaching almost 80 years of age—he it is very much the same today. Eco- rate by 40 percent since the 1960s. could go see a doctor without paying. nomic growth alone will provide few es- President Obama said: ‘‘These endeav- Without taking charity. It gave him capes from poverty for people today if ors didn’t just make us a better coun- the dignity and the security of know- 95 percent of income gains are going to try, they reaffirmed that we are a ing that he could see a doctor if he the top 1 percent, and if the rewards of great country.’’ needed to. productivity gains go to shareholders However, on this 50th anniversary of The Great Society also gave birth to and not to the workers. President Johnson’s great address to community health centers, as long as I So it was in this context that Presi- Congress, I must acknowledge that am talking about health care. Commu- dent Johnson—keep if mind, less than 2 there are some who profoundly dis- nity health centers provided essential months after he assumed the office agree with this assessment on the war medical care to the poor. The first two after the terrible assassination of on poverty and the Great Society. community health centers were opened President Kennedy. It was in this con- They insist it was a great failure. In- in 1964, one in Boston, MA, and one in text that he summoned the Nation so deed, I have heard this claim from rural Mississippi. that the unconditional war on poverty many of my colleagues on the other This model of providing basic health could be waged. side of the aisle since I first came to services to the uninsured and under- For LBJ, this was both an economic Congress in 1975. This supposed ‘‘fail- served was an enormous success. Listen challenge and a profound moral chal- ure’’ of the war on poverty, this failure to this. From that modest beginning of lenge. It was about doing justice. In his of the Great Society, has indeed be- two in 1964, community health centers speech to Congress he said: come almost an article of faith and have expanded to include more than Very often a lack of jobs and money is not dogma among conservatives. It is truly 1,200 community health centers in the cause of poverty but the symptom. The the triumph of belief over reality. more than 9,000 locations serving more cause may lie deeper, in our failure to give As President Reagan said on May 9, than 22 million patients annually. our fellow citizens a fair chance to develop 1983, ‘‘The great expansion of govern- What a failure. What a failure.

VerDate Mar 15 2010 01:49 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.050 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE January 8, 2014 CONGRESSIONAL RECORD — SENATE S119 I guess another failure of the Great Americans, more than half of them will find that they are local business Society was the Elementary and Sec- children, are ensured a basic nutri- people, bankers, lawyers, as well as ondary Education Act. We call it tional minimum. people who receive the services. They ESEA. Since Brown versus Board of Is this another failure, food stamps? will tell you how these agencies do so Education, the decision of the Supreme Apparently many Members of this body much with so little, performing indis- Court in the mid 1950s, Americans ac- think so. In June of 2012, 33 Republican pensable services in their communities. knowledged that we had two school Senators voted to block grant the food Talk to them. systems, one for the middle class and stamp program and slash the funding I can spend hours citing some other the well off and a grossly inferior one by over $300 billion over 10 years. Great Society initiatives, but let me for the poor. I ask Senators who voted for those mention just one more: the Civil ESEA said that all children, regard- cuts, have you ever talked to a first Rights Act of 1964. less of their background and their cir- grader who is finally able to con- Prior to that act, African Americans cumstances at birth, can learn, and the centrate in class because she had a faced open, legalized discrimination Federal Government will provide re- breakfast paid for by food stamps? Has and segregation. We had our own sources to help create equity—equity anyone asked her whether she would American version of apartheid. In among our schools. prefer to tough it out without a meal many parts of our country, including Educating children of poverty will al- to start the day? in Washington, DC, African Americans ways be challenging. We still have In 1965, Lyndon Johnson’s Office of could not eat at the same lunch large achievement gaps that still per- Economic Opportunity created 269 counter with Whites. They could not sist. But Title I assistance to Amer- local Legal Services offices across the use the same bathrooms, the same ica’s neediest schools has made a dra- country, providing legal assistance to swimming pools, the same water foun- matic difference for the good of mil- low-income Americans. This later tains. They literally were consigned to lions of low-income children. evolved into the Legal Services Cor- the back of the bus. If it has been such a great failure, I poration. Because of the Civil Rights Acts of would ask any Senator who wants to As a proud former Legal Aid lawyer 1964, those Jim Crow laws and practices repeal Title I and defund it, please step myself, I know firsthand what a dif- were ended in the United States of forward. Speak up here on the Senate ference this can make in so many cir- America. It became illegal to discrimi- cumstances for a struggling family fac- floor. nate based on race, color, religion, gen- ing foreclosure, a battered woman try- Will any Senator who wants to do der, or national origin. Some appar- ing to leave an abusive marriage, a sen- away with title I and defund it please ently call that a failure—one of the ior citizen victimized by a financial step forward and speak up? I doubt Great Society’s many ‘‘failures.’’ there will be any takers. scam. I know that without access to an You may decide for yourself whether attorney the poor are often powerless What about the failure of the Higher America is better off today, whether against the injustices they suffer. Education Act? In 1965, it was rare for we are better as a society, stronger as Is the dedicated work of Legal Aid young people from disadvantaged and attorneys a failure? I vigorously dis- a nation, because we did away with low-income backgrounds to go to col- agree. The American Bar Association segregation. You decide. lege. So President Johnson and Con- President Reagan, in his State of the vigorously disagrees. It strongly sup- gress passed the Higher Education Act, Union Address in 1988, said that the ports Legal Services. creating need-based grants and loans Every Federal judge and Supreme Great Society ‘‘declared war on pov- with reduced interest rates. Court Justice, in their oath of office, erty, and poverty won.’’ It was one of Today, Pell grants, created in the swears to ‘‘administer justice without President Reagan’s catchy one-liners. later version of the Higher Education respect to persons, and do equal right But with all due respect to President Act, help more than 9 million low-in- to the poor and to the rich’’—to do Reagan, it simply is not historically come students gain access to higher equal right to the poor and to the rich. accurate, not even close. From the education. The Higher Education Act It is Legal Services, and Legal Services time President Johnson took office in has swung open the doors to college for lawyers, who helped to translate that 1963, until 1970, as the full impact of countless Americans, creating new op- ideal into a reality for poor people in the Great Society programs began to portunities and access to the American courtrooms all over America. be felt, the number of Americans living dream. Our frontline soldiers in the war on below the poverty line dropped from Again, I suppose some see this as an- poverty are the dedicated professionals 22.2 percent to 12.6 percent—almost cut other failure, another government and volunteers in Community Action it in half. The poverty rate for African handout that prevents people from Agencies, another Great Society pro- Americans fell from 55 percent in 1960 standing on their own two feet. Decide gram. These are funded by the Federal to 27 percent in 1968. The poverty rate for yourself if vastly expanding access Community Services Block Grant. In among the elderly, as I said earlier, fell to higher education constitutes a fail- 2012, these locally driven agencies by over two-thirds. ure. served nearly 19 million low-income The great shame is that this But before we do, talk to a lower in- Americans, including more than 5 mil- progress, this war on poverty of the come student, striving to become a lion children, more than 2 million peo- Great Society, was cut short. The war doctor, the first in her family to go to ple with disabilities, and 2.5 million on poverty gave way to the war in college, thanks to the TRIO Programs, seniors served by community action Vietnam. Then it gave way in retrench- Upward Bound, thanks to Pell grants, agencies. ment later on in later administrations, thanks to low-interest college loans. These agencies equip people with which cared less about giving a hand Ask her if she feels as though she is an skills to return to work. They provide up to the poor than about giving hand- undeserving taker, unwilling to stand food, clothing, other emergency assist- outs to the rich in the form of giant on her own two feet. ance. They administer Head Start Pro- tax breaks and other advantages. What In August of 1964, again only a few grams, other preschool programs, and was started as a percolate-up economy months after declaring the war on pov- do a lot more. under the Great Society became a erty, Lyndon Johnson signed into law People can decide if the Community trickle-down economic society under the Food Stamp Act. Prior to that act, Action Program, Community Action later administrations. hunger and malnutrition were Agency, and Community Services On this 50th anniversary of President shockingly widespread in America, par- Block Grant have been a failure. But Johnson’s great address to Congress, ticularly in our rural areas and urban before they do, drop in on a Commu- let me state unequivocally and factu- ghettos. Today we still have millions of nity Action Agency in your State. See ally—historically factually—the Great food-insecure people in America, but for yourself the amazing work they do Society has been a historic success. thanks to the Supplemental Nutrition in relieving poverty and helping people However, I must note that 50 years Assistance Program, the new name for to escape. later our Nation confronts a new set of the food stamp program, abject hunger Speak to members of a local Commu- economic challenges, societal chal- in America is rare. Tens of millions of nity Action Agency board and people lenges, challenges that are every bit as

VerDate Mar 15 2010 01:49 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.051 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE S120 CONGRESSIONAL RECORD — SENATE January 8, 2014 dangerous to our democracy, every bit service’’—a ‘‘disservice’’—to the long- I am also concerned about the deficit as daunting and intractable as those term jobless to extend Federal unem- of imagination today in Washington. I confronted by President Johnson and ployment insurance. I have his exact am concerned by our failure to con- the Congresses of his time. words right here. Senator PAUL said: front today’s economic challenges with Our economy is still struggling to re- When you allow people to be on unemploy- the boldness and the vision that earlier cover from the great recession. The ment insurance for 99 weeks, you’re causing generations of Americans summoned in sluggish recovery has left us with them to become part of this perpetual unem- times of national challenge. Indeed, chronic unemployment and a middle ployed group in our economy. And while it our Republican friends reject the very class in crisis. Social mobility, the seems good, it actually does a disservice to possibility that the Federal Govern- the people you’re trying to help. ability to work your way up the eco- ment can act to spur economic growth nomic ladder, is now lower in the When there are three people looking and create good middle-class jobs. This United States than in Europe. For the for every job; when in some areas, some is their ideological position, and they vast majority of American workers, in- States, unemployment is even worse are sticking to it. But this flies in the comes have been stagnant for decades, than that, you would cut off their long- face of overwhelming evidence to the but the rich have grown fabulously term unemployment insurance? Where contrary across our Nation’s history. richer. Think about this: Since the offi- are they going to get a job? Maybe One can go back to President Lin- cial end of the great recession in 2009, what the Senator doesn’t understand is coln, who insisted that every American 95 percent of income gains in the that before you can even get unemploy- has a ‘‘right to rise.’’ To that end, he United States have gone to the ment benefits, you have to be actively created the land-grant college system, wealthiest 1 percent in the last 5 looking for work. A disservice? provided for the transcontinental rail- I guess our new attitude is, tough years—95 percent of income gains have road, and established the Department luck. You are on your own. If you gone to the wealthiest 1 percent. of Agriculture with the mission of Unlike President Johnson’s day, struggle, even if you face insurmount- helping farmers boost their production today it is not only the poor who are at able challenges, well, it is your own and income and raise their standard of risk, our great middle class is endan- fault. Tough luck. You are on your living. gered. Millions of formerly middle- own. If you are a kid born into poverty President Teddy Roosevelt fought for or a single parent working for min- class Americans have lost their jobs, safe workplaces, the 8-hour workday, imum wage, struggling to pay the bills their homes, their savings, their hopes and busting up the trusts that were and put food on the table, tough luck. for a decent retirement. For too many strangling opportunity for ordinary You are on your own. If you are a 55- of our citizens, the American dream Americans. year-old worker who lost her job due to has become hopelessly out of reach. Think of Franklin Delano Roosevelt outsourcing or technological change, This is the crisis. This is the challenge who put to work millions of unem- tough luck. You are on your own. If of our day. ployed Americans, including my father, Are we rising to meet this challenge you are a person with a significant dis- in the Works Project Administration, as previous generations of Americans ability struggling to find work and building roads and dams and bridges have done? No, I am afraid we are not. independence and dignity, tough luck. and schools, many of which still exist Inside the Washington bubble, too You are on your own. today. Franklin Roosevelt created So- Mr. President, there is a harshness many of our political leaders have per- cial Security to end the scourge of pov- among too many in powerful positions suaded themselves that the biggest erty in old age. toward those Americans who have issue of the day is the budget deficit. Think of President Eisenhower, who tough lives, who are ill-educated or Ignoring chronic unemployment and a championed investment in our infra- marginally employed or who have lost struggling economy, this 113th Con- structure, beginning with the Inter- their jobs through no fault of their gress and the previous Congress pur- state Highway System, which has ex- own—a harshness among too many peo- sued policies of relentless austerity, panded commerce and opportunity for ple in powerful positions toward these slashing budgets, defunding research nearly six decades now. Americans. President Johnson would As we are doing today, let’s pay trib- and investment, destroying jobs, and rebuke this harshness and this callous- ute to one of our greatest Presidents, even refusing to extend Federal unem- ness, as he said in remarks 3 months Lyndon Baines Johnson, and the enor- ployment benefits for long-term job- after his war-on-poverty speech. Listen mous achievements of his war on pov- less, 1.3 million of whom lost their last to what President Johnson said: erty and the Great Society. lifeline of support only 3 days after Mr. President, I have not come to the Christmas. God will judge his children not by their prayers and their pretensions, but by their floor today just to look back fondly I am disturbed by the apparent shift mercy to the poor and their understanding of and nostalgically or to try to correct of attitude by many elected leaders to- the weak. I tremble for our people if at the the record about the achievements of ward the ordinary people who do the time of our greatest prosperity we turn our the Great Society. I am here at the be- hard day-in and day-out work that back on the moral obligations of our deepest ginning of this legislative year to urge makes our country strong. I said it be- faith. my colleagues to look with fresh eyes fore, and I say it again. We are seeing That was President Johnson. at the urgent economic and societal an attitude of harshness. We used to So today, 50 years later, I remind my challenges confronting the American agree that if someone worked hard and colleagues that we are still a nation of people today. We need to think more played by the rules, they should be able great prosperity. We are the wealthiest broadly and with more ambitious vi- to earn enough to support their fami- Nation in the world. We are the sion about how we in Congress can lies, keep a roof over their heads, put wealthiest Nation ever in the history come together to create a greater soci- some money away for a rainy day, and of the world. Our problem is this pros- ety, an America of greater oppor- have a secure environment. We used to perity and wealth is concentrated at tunity, greater economic mobility, agree that if someone loses their job the very top. The workers who have greater fairness. We need to create through no fault of their own—espe- created it are not getting their fair what I call a new America. cially at a time of chronic unemploy- share. So on this 50th anniversary of Let’s dare to imagine a new America ment—they should have some support President Johnson’s war-on-poverty where every child has access to quality when they are looking for new work. address, I cannot agree with those who early learning. We used to agree on both sides of the say the budget deficit is our No. 1 pri- Let’s dare to imagine public invest- aisle that no child in this country ority. I am concerned about far more ments to create a truly 21st-century in- should go to bed hungry at night. But urgent and compelling deficits: the def- frastructure, modernizing our roads, in recent years these fundamental prin- icit of jobs and opportunity, the deficit our bridges, ports, and canals, building ciples, values, and agreements have of research and investment, the deficit high-speed rail systems from Maine to come under attack in our public dis- of early education for all our children, Miami and Seattle to San Diego—a new course. For instance, recently on a the deficit of basic human under- infrastructure for a new America. Sunday talk show, the junior Senator standing and empathy for those in the Let’s dare to imagine retrofitting all from Kentucky said it would be a ‘‘dis- shadows of life. of our buildings to make them energy

VerDate Mar 15 2010 01:49 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.053 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE January 8, 2014 CONGRESSIONAL RECORD — SENATE S121 efficient, making wind, solar, geo- Bertrand Russell nearly a century ago. thing to everybody, give everybody a thermal, and other renewables the He said: free ride. I always talk about the lad- main sources of our energy—yes, a re- The modern conservative is engaged in one der of opportunity. I don’t talk about newable energy basis for a new Amer- of man’s oldest exercises in moral philos- an escalator. An escalator is a free ica. ophy—that is, the search for a superior ride. With a ladder you still have to as- Let’s dare to imagine doubling our moral justification for selfishness. sert energy and initiative to get up. investment in the National Institutes I remind my colleagues that it is pre- But there is one thing necessary: The of Health, making possible a real war cisely the unrestrained, often run- rungs have to be there on that ladder, on cancer and Alzheimer’s and other amok free marketplace that has cre- many of them put there by government devastating diseases. Think of that—a ated so many of the problems we face and society acting together, things like cancer-free, Alzheimer’s-free new today. Financial and real estate bub- affordable child care programs, early America. bles. Who suffered because of that? Or- learning, quality of public schools, Pell Let’s dare to imagine a true health dinary Americans. Chronic unemploy- grants, job training, and on and on. care system where wellness and preven- ment. Who is suffering? Ordinary They provide those rungs on that lad- tion and public health are the first pri- Americans. Stagnant wages. Who is der, and sometimes people fall off the ority, keeping people healthy in the suffering? Ordinary Americans. Gaping ladder through no fault of their own. first place in this new America. income inequality. Who is suffering? They lose their job, they become dis- Let’s dare to imagine a new retire- Not the few at the top. Disappearing abled or they contract a terrible ill- ment system where every worker pensions. Who is suffering? Ordinary ness. In those cases, it is the moral builds a private pension that can’t be working Americans. On and on. duty of government and society work- touched until they retire and a strong- Like a busy highway system, our free ing collectively to provide a hand back er Social Security System—solvent, se- marketplace only really works for all up. Things like, yes, unemployment in- cure—with increased benefits for the when all the players obey essential surance, disability insurance, job train- next 50 years. Think of it—a secure re- rules of the road—rules put in place by ing, and many others. tirement for every citizen in this new government to avoid crashes and bub- Up until 1990, we looked around America. bles, to rein in wasteful and dishonest America and we saw that no matter These are the big challenges we in money manipulators, and, yes, to pro- how hard they tried, they could never Congress should be addressing. vide for social and economic justice. climb that ladder of opportunity. These I know that by all means there are And there are some things—big na- were Americans with disabilities. So in issues demanding our immediate atten- tional undertakings—that the private 1990 we passed the Americans with Dis- tion—again, beginning with the need to sector simply is not capable of doing. abilities Act. Again, we built a ramp of extend Federal unemployment insur- At critical junctures going back to opportunity. We didn’t build a moving ance for the long-term jobless. We will the beginning of our Republic, Con- walkway; that is a free ride. I have be voting on that motion to proceed gresses and Presidents have acted deci- often pointed out, not one dime in the within the hour. As I said earlier, some sively to spur economic growth, foster Americans with Disabilities Act goes 1.3 million Americans were cut off just innovation, and help create jobs. No to a person with disabilities. What we a couple of weeks ago. Another 3.6 mil- question, that is where we are falling did is we broke down the barriers. We lion Americans will be cut off over the short today. built the ramps to accessible buses and course of 2014. These benefits are not Members of Congress and elected offi- trains, provided accessible workplaces, much, but they make a critical dif- cials across America can learn from widened doors in accessible bathrooms. ference for those with no other lifeline. the successes of the war on poverty and We broke down the barriers so people So this is an immediate concern and the Great Society. We need a new gen- with disabilities could exert their own must be our immediate priority in eration of leaders with Lyndon John- energy and initiative to get up that these initial days of this session. son’s passionate commitment to im- ramp. In addition, the Senate will soon proving education, expanding oppor- Like every great leader in our Na- take up my bill to raise the minimum tunity, and fighting inequality and dis- tion’s history, Lyndon Baines Johnson wage to $10.10 an hour and to link it to crimination. As I said, we need to come brought us a giant step closer to future cost-of-living increases. Get together to create a greater society, a achieving our highest ideals as a peo- this: Since the minimum wage peaked new America. We need to act with bold- ple. He fought passionately for social in 1968 as part of the Great Society, it ness and vision. and economic justice for all Ameri- has lost one-third of its buying power. The war on poverty and the Great So- cans. He fought to put the American So if you were making the minimum ciety initiatives have defined the mod- dream within reach of every citizen, wage in 1968 compared to what you are ern United States of America as a com- and he saw this as a moral imperative. making today, you could have bought passionate, inclusive society, a genuine That is why I consider him one of our one-third more than you can buy opportunity society where everyone greatest Presidents. This is the legacy today. can contribute their talents and abili- we salute today. This is the lesson we Over the decades, the minimum wage ties. We see the Great Society all should learn as we move forward in has become a poverty wage. Think around us today—in cleaner air and this country. As we move from this about that. People go to work every cleaner water, young people from poor 50th anniversary of President John- day. They work hard, sometimes at backgrounds attending college, seniors son’s great address to Congress, it is two jobs, and they are still below the and poor people who have access to de- this spirit of ambitious public purpose poverty line. No person in America who cent medical care, and people of color that we should strive to emulate in the puts in a full day’s work ought to have exercising their right to vote and to legislative year ahead and the legisla- an income below the poverty line. live in the neighborhoods of their tive years to come. These two are the immediate moral choice. Fifty years ago today, Lyndon John- and economic issues we need to ad- We see the great society in Head son spoke to our deepest moral dress. Yes, I say moral and economic Start Programs, quality public schools, underpinnings. He didn’t just couch it issues. Today we do confront huge eco- vocational education programs, college in terms of an economic solution. It nomic challenges. As Americans, we grants and loans, all those rungs on the was justice. It was making sure the pride ourselves on our robust free-mar- ladder of opportunity which put the American dream really was alive for ket system. Some say the unfettered American dream in reach of every cit- all. We can’t in our time become small- free marketplace will solve all our izen, even those from humble, hard- minded, looking upon just what is good problems. Just let it go. They glorify scrabble backgrounds like Lyndon for today or what are the economics of the ideas of Ayn Rand and academic Johnson himself. things. We have to think about it in theorists who say that greed is good, We might notice I said a ladder of op- terms of what our commitment is for extremes of inequality are necessary, portunity. I didn’t say an escalator. I moral, economic, and social justice for and poverty is deserved, which reminds think a lot of times my conservative all Americans. That was the lesson of me of the words of the philosopher friends say we just want to give every- President Lyndon Johnson. That is

VerDate Mar 15 2010 01:49 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.057 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE S122 CONGRESSIONAL RECORD — SENATE January 8, 2014 what we should take from this 50th an- manageable for a guy like Nick, these profits were also at an all-time high. niversary. emergency funds are often the only For those people and for those entities, Mr. President, I yield the floor. thing standing between a family where things are back to normal. Maybe that The PRESIDING OFFICER (Mr. their primary breadwinner is out of is why some Republicans think it is BROWN). The Senator from Con- work and a life on the streets. It is dur- right to bring unemployment insurance necticut. ing a long stretch of unemployment back to prerecession norms. But it is Mr. MURPHY. Mr. President, when where these meager benefits become not. the history books are written about the only way a family can continue to One of the hallmarks of this abnor- those who fought hardest against pov- pay the mortgage or the only way a mal recession is the number of people erty, who stood up for those with no young guy can continue to keep up who become unemployed and stay un- voice, with very little power and an in- with the rent. employed. Forty-three percent of the creasingly unfair economy, LBJ and If we don’t restore unemployment unemployed people in Connecticut are his war on poverty will be a few chap- benefits now, tens of thousands more long-term unemployed, don’t have a ters in that book. Senator TOM HARKIN people will be living on the street. That job, and have been out of a job for will occupy a pretty big place in that is not hyperbole. That is reality. Then months and years. story as well. I salute him for spending they will be captured in that same Rebecca, who lives in Connecticut, the time to talk about this long fight catch-22 of homelessness: No job with- emailed my office and she said: on poverty this country has waged, and out a home. No home without a job. I am 34 years old. For the first time since still needs to wage, and salute the role Like Nick, there are 28 million Amer- I was 16, I am unemployed. I am an attorney, he has played. It is an inspiration to icans who have needed emergency un- and I apply to 20–40 jobs per week. many of us who have sought to try to employment compensation since 2008. Another woman wrote to my office: stand in his shoes and in his place. These Americans aren’t some distant, I wish to talk about the same sub- My husband has been out of work for 52 unfamiliar group of people. They are weeks. He spent 30+ years in the banking in- ject, because over the holidays I had our friends. They are our neighbors. dustry. His last position was as a regional di- the chance to spend a day in New They are people who have worked their rector of retirement services. Haven, CT, with a 40-year-old homeless entire lives and want to get back to Frank from Meriden, CT, writes: man who up until last spring had been work again. employed for the better part of the last I recently sat down with about a half I have worked all my life—43 years. I was laid off in 2009 and again in 2013. In both in- 20 years. But as has happened to mil- dozen long-term unemployed individ- stances, I dedicated my unemployed time lions of Americans over the last several uals in Bridgeport, CT, and we see the searching to secure a job. I’d prefer to work years, this man—who I will call for to- pain and agony on their faces as they as long as I am capable and with your assist- day’s purposes Nick—lost his job. recount their daily hours-long quest to ance in extending the EUC program, I may Nick has had it tough his whole life. find work, applying to hundreds of at least have a fighting chance of securing His father was a drug addict who got jobs, making dozens of phone calls, and employment. Please afford me the oppor- Nick addicted to crack when he was 13 coming up empty. There is something tunity to continue the employment search years old. He was born into a cycle of almost dehumanizing about that effort without the added burden of discontinued benefits. drug use and violence and poverty that to seek work, to prove your worth, and is far too prevalent in places like New to come up empty time after time But we shouldn’t only extend bene- Haven and Bridgeport and cities across again. fits because it is the right thing to do. this country. But despite the odds One guy I met, Ronny, sat behind a It is also the economically smart thing stacked against him, Nick graduated desk his entire career. He worked his to do. The Congressional Budget Office from high school, he built a career for entire life in a white-collar job, and he tells us that 200,000 jobs are going to be himself around sales. Now, after 20 said he would take any job. He would lost this year if we don’t restore emer- years of working and 40 years of fight- sweep floors. He would do anything gency unemployment benefits. In the ing the odds, Nick for the first time in just to get back to work. He is not week since unemployment benefits his life is homeless. lazy. He is not gaming the system. He lapsed, $400 million has been drained So I spent the day with Nick, seeking is just one of millions who would rath- from States’ economies. shelter from the cold, using the public er do any job at all than be unem- You see, when we give people support library to apply for jobs, attending ployed. during their time of need when they meetings that have helped keep him Our colleagues on the other side of are out of work, they spend that clean and sober. Aside from receiving the aisle say they are opposed to ex- money—and they spend it quickly. Ex- the support he needs for his health tending unemployment benefits be- tending unemployment benefits offers issues, Nick spent most of that day cause they want to get back to normal the best bang for the buck we can offer just looking for work. He wants to with regard to unemployment insur- our economy. Every dollar we put into work. He desperately wants to get back ance. But that reasoning totally ig- UI returns as much as $1.90 to the econ- on the job, and he is hopeful that one nores the reality of this recession. Un- omy. CBO says that extending unem- day he will find work soon. But he is like the recessions in 1982 and 1991 and ployment benefits through 2014 will caught right now in this vicious down- 2001, the unemployment rate has not boost the GDP of this Nation by 0.2 ward spiral of homelessness. He can’t fallen after the end of the recession percent. One action of this Congress find a job without a home. He fills out with respect to people who are long- can boost GDP by 0.2 percent. dozens of job applications, but with his term unemployed. The rate of those No matter what we do, it is still address being a homeless shelter, he unemployed for more than 26 weeks is going to be a long road back for those doesn’t compete very well with other at the highest today than it has been in who have been unemployed for 1 year applicants. But of course, as Nick tells 60 years. There are now three unem- or more, who are going to face dis- it, how can he get a home without a ployed workers for every one job open- crimination based on their age or based job? He is caught, he is stuck, like mil- ing, compared to two or fewer workers simply on the fact that they have been lions of other Americans. per job opening in the wake of previous unemployed for a long period of time. One of the things that keeps Nick recessions. This just isn’t a normal re- Just giving them benefits does not from starving, other than the food and cession. There are more people out of magically put them back to work. But the shelter he gets from Columbus work for longer periods of time than at the most remarkable thing that you House and the local soup kitchen, is any time in most of our lives. find when you talk to these individuals the $100 he used to get—until last If you were in the top 10 percent of is that while they are frustrated, their week—in unemployment insurance. earners prior to this recession, things spirit is not broken. Every time some- Without that measly $100 a week, are pretty much back to normal. In body sheds a tear to me, recounting things get pretty dire, right now as we 2012, the top 10 percent of earners took their ordeal of unemployment, their speak, for Nick. home about half of all income in the story always ends with a hopefulness The fact is while unemployment ben- United States. Those people have re- that employment is just around the efits make homelessness a little more covered. During that time corporate corner.

VerDate Mar 15 2010 01:49 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.059 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE January 8, 2014 CONGRESSIONAL RECORD — SENATE S123 Nick is that kind of guy too. He a job. Today, 37 percent of unemployed all know, Walmart is not the highest knows that things are going to get bet- Americans have been out of work for paying employer in America. Yet they ter for him. But as we walked around more than 6 months. Today, there are received 11,000 applications in the DC New Haven in the cold for 10 hours last three job applicants for every one job area at a time when they will be only week, and we talked virtually the en- opening. The reality is there are sim- hiring 1,800 workers. tire time, he wondered whether any- ply not enough jobs for the 11 million That type of scenario is true in many body down here truly cared about the Americans who actively seek work. parts of this country. An employer puts dehumanizing existence of being with- If we do not extend unemployment an ad in the paper, makes it known the out a job and being without a home. He benefits now for these 1.3 million company needs workers, and they are wondered why Congress would turn its Americans, the situation will only be- seeing 10 times as many workers apply- back on him and the millions of others come worse. By the end of the year, we ing for limited jobs. who have been clobbered by the worst will be looking at close to 5 million The last point I wish to make is not recession in our lifetime. Americans whose benefits will have only is this a moral issue, the issue of I have kept in touch with Nick in the been exhausted. not turning our backs on people, some days since I spent the day with him. I understand some of my Republican of whom who have worked for their en- Just yesterday he sent me an email. He friends are saying, yes, we are prepared tire lives, at this moment when they said: to extend these unemployment bene- and their families have so much need— I am sitting right now in the Department fits, but we need an offset. Let me sug- that is the moral issue—but there is an of Labor office, updating my resume. Chris, I gest to some of my Republican friends economic component as well. If a long- have not had any luck yet with employment that if that is their position—and I term unemployed worker does not get but I will keep trudging, just as I am doing should point out that under President the average $300 check he or she would in pretty much every aspect of my life. I Bush, when long-term unemployment otherwise get, what kind of money does know it will get better as I continue to was not as serious a problem as it is that person have to spend locally? strengthen my faith and stay on a straight What the economists tell us is that and narrow path. As long as I continue to do today, under President Bush, time and those two things the sky is the limit for me, time again, extended unemployment when we dry up that source of spending Chris. benefits were seen as an emergency and in communities all over this country, when people do not have the money to Nick believes that things are going were passed without offsets. But if my buy the goods and services they des- to get better for him. Millions of other Republican friends believe they des- perately need, that in itself, that lack Americans who have been out of work perately need an offset now that of spending, will result in several hun- for 50, 100 weeks, still believe that sal- Barack Obama is President, let me sug- dred thousand jobs being lost in the vation is around the corner. All they gest a few of the areas they may want overall economy. So not extending un- ask is that we extend some modicum of to explore. employment not only hurts the indi- support to them so they can make that We are losing about $100 billion every vidual, it hurts our overall economy, winnowing dream a reality. single year because corporate America and the economists also tell us that I yield the floor. is putting its money into tax havens in The PRESIDING OFFICER. The Sen- the Cayman islands, Bermuda, and not extending long-term unemploy- ator from Vermont is recognized. elsewhere. If we need an offset, what ment benefits will reduce our GDP by Mr. SANDERS. Mr. President, hope- about telling the one out of four cor- about .2 percent. fully later this evening or tomorrow porations in this country that today We have a moral issue. We have an there will be a very important vote re- pays nothing in Federal taxes that we economic issue. If my Republican col- garding the extension of long-term un- are going to end their loopholes. Are leagues want offsets, there are more employment benefits. What that vote we prepared to demand that corporate than enough offsets available if they is about is to make it very clear which America start paying its fair share of are prepared to ask some of the side we are on. Are we prepared to taxes so long-term unemployed Ameri- wealthiest people in this country and stand with over 1 million workers and cans can afford to have food on their some of the largest corporations in their children and say, no, we are not table or heat in their homes? America to start paying their fair going to turn our back on you, we are Many of my Republican colleagues share of taxes. But the bottom line is not going to leave you literally out in believe we should repeal completely that in an economy which today is still the cold, worrying how you are going the estate tax, a tax which only applies hurting very deeply, we cannot punish to heat your home or pay your rent or to the top 3 percent of the wealthiest people who are severely in need. I yield the floor and suggest the ab- put gas in your car or, as fellow Ameri- people in America. We are talking sence of a quorum. cans, we are going to stand with you about families such as the Walton fam- The PRESIDING OFFICER. The and make sure you at least have some ily who are worth $100 billion. If some clerk will call the roll. income through extended unemploy- of my Republican friends think the The legislative clerk proceeded to ment benefits coming in to your fam- Walton family, the wealthiest family call the roll. ily. in America, needs another tax break Mr. BROWN. Mr. President, I ask I think, as we all know, the good while working Americans who are des- unanimous consent the order for the news is that unemployment has gone perately searching for work should not quorum call be rescinded. down in recent years. When President get any help at all, I suggest to my Re- The PRESIDING OFFICER (Mr. Bush left office we were hemorrhaging publican colleagues they are way out of SANDERS). Without objection, it is so over 700,000 jobs a month—clearly touch with the values of America and ordered. unsustainable, clearly a tragedy for the values that make this a great coun- Mr. BROWN. Mr. President, Presi- our Nation. Today, while the economy try. dent Johnson 50 years ago, as Senator is nowhere near where it needs to be, I think there are some people who be- HARKIN was talking about, declared a where we want it to be, the fact is we lieve the folks who are long-term un- war on poverty down the hall in the are growing several hundred thousand employed right now just do not want to House of Representatives in his State jobs a month. That is the good news. work. That is grossly unfair and gross- of the Union Message. A little later he The bad news is that real unemploy- ly untrue. Let me give a few examples. visited Athens, OH, in the heart of Ap- ment is close to 13 percent, if we count In Hagerstown, MD, 3,600 of our fellow palachia, and he said: those people who have given up looking citizens recently applied to work at a I came out here today to see you because for work and those people who are dairy farm to process milk and ice we can’t always see poverty from the Capital working part time when they want to cream. This dairy farm will be hiring 36 in Washington. But you can see it when you work full time. people. Yet 3,600 people applied for get out and ride the rivers and the range, the The even worse news is that long- those 36 jobs. Do those people want to mountains and the hills. term unemployment today is almost work? They sure do. When President Lincoln was in office, the highest it has ever been on record. Last October, Walmart received over even though his staff said stay in the Today it takes about 37 weeks for the 11,000 job applications for stores they office, win the war, free the slaves, pre- average unemployed American to find are opening in Washington DC. As we serve the Union, President Lincoln

VerDate Mar 15 2010 01:49 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.061 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE S124 CONGRESSIONAL RECORD — SENATE January 8, 2014 would say, no, I need to get out and I have now worked at a department store to make everyone question—and I am take my ‘‘public opinion baths’’—I for four years and still don’t make $9.00 an going to tie this together—whether need to see the people and talk to them hour. My salary goes entirely towards rent global warming was ever real. and understand their problems. and utilities. While I know the leftwing media is My water bill just went up $8.00— Pope Francis recently exhorted his giving me a hard time for talking parish priests to go smell like the For those of us in this Chamber, if about my opposition to the administra- flock, obviously using the allegory of the water bill goes up $8, you deal with tion’s global warming policies when it the sheep in the Old Testament and it. It is not that big of a deal. She is gets cold outside, I think it is impor- New Testament, but also saying to his not even making $9 an hour. The in- tant to point out two things. No. 1, the parish priests: Understand how people crease in her water bill is 1 hour of pay administration is intentionally ignor- live, talk to them about their issues at this department store. ing the most recent science around and their problems and their lives and My water bill just went up $8.00—as it goes global warming, and No. 2, global live among them as much as you can, up every year—just like the electric, food, warming policies costing between $300 something perhaps none of us in this and gas. billion and $400 billion a year, along body—I know the Presiding Officer Heaven forbid my car would break down or I would fall victim to a serious illness. with the rest of the EPA’s environ- from Vermont possibly does more mental regulations, are resulting in townhalls and meetings with people I hope that our colleagues are getting millions of job losses. than anybody in the Senate. All of us their public opinion baths. I hope our We are talking about extending un- need to do that more to understand colleagues are out among people listen- employment benefits, yet it is really better. ing to these stories. jobs we need, and the jobs are being But as we debate the extension of un- I close, again with a quote from robbed from us by the overregulation employment benefits, $500 a week is President Johnson’s speech in Athens, that is taking place in the Environ- the average benefit; 52,00 people in my OH, which was 50 years ago this year. mental Protection Agency, and of State were cut off from benefits at the Poverty hides its face behind a mask of af- course, the crown jewel of all of those end of the year, tens of thousands more fluence. But I call upon you to help me get is cap and trade. When I say $300 billion will lose their benefits if we don’t act. out there and unmask it, take that mask off to $400 billion a year, that would con- of that face of affluence and let the world see It is not just what this means to par- stitute the largest tax increase in ents so they can feed their families and what we have, and let the world do some- thing about it. American history. continue to look for work. But as the I find that sometimes when we are We have an opportunity today to do Presiding Officer knows, they need to talking about these large numbers— something about unemployment insur- continue to look for work in order to and I am sure the Presiding Officer ance and help people get back on their get this $300 a week on average. We agrees with this—it is hard to relate feet. We have an opportunity in the also know it helps the economy. that to everyday people, to our own months ahead to raise the minimum One hundred years ago this week, States, and to how it affects our fami- wage. To restore it to something close Henry Ford made an announcement lies. So at the end of each year I get to what it was back in 1968 in real buy- that stunned the country. He said: Ev- the total number of families in my ing power, that should be our obliga- erybody in my auto plant is going to State of Oklahoma who filed a Federal tion, our duty, and our mission in the receive $5 a day. Whether it was the tax return and I do the math. In this months ahead. young man sweeping the floor or the case, it would cost about $3,000 for each autoworker, they were all going to re- f family in my State of Oklahoma to pay ceive $5 a day. this tax, this cap-and-trade tax that Whether it was done out of gen- MORNING BUSINESS supposedly will stop us from having erosity or not, what Henry Ford knew Mr. President, I ask unanimous con- global warming. was putting money in workers’ pock- sent the Senate proceed to a period of It is interesting that people now real- ets—just the same as when you put morning business until 6:30 p.m. with ize this would not stop it. Even if we money in people’s pockets for unem- Senators permitted to speak up to 10 did something in the United States, it ployment benefits, which is the insur- minutes each. wouldn’t affect overall emissions of ance they paid into—the money that The PRESIDING OFFICER. Without CO , and that is what we are talking they get will help grow the economy. It 2 objection, it is so ordered. about. That is what makes global will help people be able to do things Mr. BROWN. I note the absence of a they would not otherwise be able to do. warming so important to mention as quorum. we debate the extension of unemploy- That is the importance of the exten- The PRESIDING OFFICER. The sion of unemployment benefits, and ment benefits. clerk will call the roll. If we want to improve our employ- that is the importance of passing min- The assistant legislative clerk pro- ment figures, what we need to do is imum wage legislation, which Senator ceeded to call the roll. stop the onslaught of environmental HARKIN also spoke about. Mr. INHOFE. Mr. President, I ask regulations that have come out during The fair minimum wage would raise unanimous consent that the order for the minimum wage 90 cents upon the this Obama Presidency. the quorum call be rescinded. First, let’s talk about the global signature of the President, 90 cents a The PRESIDING OFFICER (Mr. year later, and 90 cents a year after warming issue. It is interesting that we BLUMENTHAL). Without objection, it is that. At the same time it would raise have often seen global warming related so ordered. the subminimum wage for those people to events affected by unseasonable or Mr. INHOFE. Mr. President, I ask who work in diners, push wheelchairs unusually cold weather. Often, this has unanimous consent to be recognized for in airports, and for valets in res- occurred whenever Al Gore has been in- such time as I may consume in morn- taurants. Those workers often make volved in an event. Let me give a cou- ing business. less than the minimum wage. The sub- ple of examples. In January of 2004, Al The PRESIDING OFFICER. Without minimum wage—the tipped wage—is Gore held a global warming rally in objection, it is so ordered. only $2.13 an hour. It hasn’t been raised New York City. It turned out to be since 1991. f what would go down as one of the cold- est days in the history of New York The Harkin, Sanders, Brown—and GLOBAL WARMING others who are part of this legislation City. Three years later, in October of on the minimum wage bill—legislation Mr. INHOFE. Mr. President, it is a 2007, Al Gore gave a big global warming will increase the tipped minimum wage little bit humorous to me that we are speech at Harvard University, and it over time up to 70 percent of the real talking about extending unemploy- coincided with temperatures that near- minimum wage. ment benefits in the midst of one of the ly broke Boston’s 125-year-old tempera- I will close with a letter from Karen most intense cold fronts in American ture record. in Columbus. She said: history. I saw one newscaster yester- In March of 2009, Speaker of the I had to come out of medical retirement day who said: If you are under 40, you House NANCY PELOSI was snowed out of because I couldn’t make ends meet. have not seen this stuff before. It has a global warming rally in Washington,

VerDate Mar 15 2010 02:20 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.062 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE January 8, 2014 CONGRESSIONAL RECORD — SENATE S125 DC. Because of all the snow, her plane On January 2, a Chinese icebreaker, The North Polar cap is the Arctic ice wasn’t able to land and they had to the Xue Long, sent out a helicopter cap. cancel her appearance at the event. that airlifted 52 passengers from the Well, we are now 5 years later when, A year later, in March of 2010, the Russian ship to safety on the Aus- as Al Gore said, it should all be melted Senate Environment and Public Works tralian icebreaker. by now. The deadline was December of Committee had to cancel a hearing en- The Chinese vessel is now also stuck 2013, Arctic ice is actually doing pretty titled ‘‘Global Warming Impacts in the in the ice along with the Russian ves- well. Just last month, the BBC re- United States’’ due to a major snow- sel. Twenty-two Russian crew members ported that the Arctic Ice Cap coverage storm. At that time, I was the ranking are still on board the Russian ship, and is ‘‘close to 50% more than in the cor- member of that committee, and they an unreported number of crew members responding period in 2012.’’ In other were all geared up, ready to have this remain on the Chinese ship. words, in 1 year it increased by 50 per- big hearing, and they couldn’t do it be- On January 5, the Coast Guard—that cent. This is the very ice cap that Al cause of a major snowstorm. That was is us; we came to the rescue—called to Gore said would be gone by now. So in 2010. So this has been going on now assist the ships that are stuck in the contrary to what Al Gore predicted, every year going back to 2010. Antarctic. Our icebreaker ship is called the ice cap did not disappear last year; Just last year, in July of 2013, a the Polar Star. it grew. cruise liner that was chartered to dis- Just a few months ago the journal In May of 2006, Al Gore said in his cuss the impact of global warming Nature—that is a well-respected publi- movie ‘‘An Inconvenient Truth’’ that planned to sail through the Northwest cation on environmental science—they the Antarctic Ice Cap melt could result Passage of the Arctic but got stuck be- published an article that said over the in a 20-foot increase in sea levels. cause the passage was full of ice. Now, last 15 years ‘‘the observed [tempera- You contrast that with the frozen more on that in a minute. In that same ture] trend is . . . not significantly dif- global warming expedition down there month, Al Gore had an event in Chi- ferent from zero [and] suggests a tem- this week and a September 2013 report cago training people about global porary ‘hiatus’ in global warming.’’ in the Washington Post that Antarctic warming but was greeted with the cold- This is not something that is appre- Sea Ice has hit a 35-year high this past est temperatures in 30 years. ciated by the Obama administration. year. A lot of folks, even in the last day, What they are saying is—and this was Now, these things—people do not have said that just because there are the Journal—that it had stopped. In seem to stop and think. These were cold temperatures does not mean glob- fact, I along with some of my col- predictions that were made. This is the al warming has stopped. Most alarm- leagues, have asked the President for same Al Gore where there was an arti- ists will, however, correct you that it’s the data backing up his claims that cle in the New York Times saying that arguably he is the world’s first envi- no longer global warming, but instead, warming is actually happening faster ronmental billionaire, and all these climate change. Increases in tempera- now than previously expected. Consid- things people were saying were gospel ture still matter. In a November 2013 ering the most recent data, those Executive order, the President imple- truth. Now we know they are not, but statements have not been true. No mented new climate change policies— nobody talks about it. The media does models predicted there would be a fif- very expensive ones; large tax in- not talk about it. When you put it all teen year pause in global warming, but creases—stating that ‘‘excessively high together, it is impossible not to sit the President hasn’t yet fully re- temperatures’’ are ‘‘already’’ harming back and wonder: If there is this evi- sponded to our inquiry. Let’s go back. natural resources, economies, and pub- dence that the temperatures are actu- When you look back in history, and lic health nationwide. In other words, ally getting colder, should we really you look at these cycles, you have to he’s implementing his climate change pursue cap and trade and other similar come to the conclusion that God is still policies because of rising temperatures, regulations and policies that will cost up there. otherwise known as global warming. the economy $300 billion to $400 billion I have this from memory, and I think So temperatures falling and really a year to implement? In light of our I will get this right. From 1895—they cold days do matter. It does matter high unemployment levels—and that is when the ice caps are growing and tem- had a cold spell that came in, and that what we are talking about today; we perature increases pause for 15 years. is when they said another ice age is are talking about extending unemploy- And that is what has happened for the coming. That lasted until 1918. In 1918, ment insurance—I do not think so. last 15 years. If global warming is not that all changed, and all of a sudden it That is what we are here talking about happening, then there is no need for started getting warmer, and that is anyway: unemployment numbers. the ensuing policies—whether you call when the term ‘‘global warming’’ first To help remedy the problem, I am it global warming or anything else. came out. So from 1918 to 1945 it was a submitting two amendments. The first Monday was a cold day. At one point, warming period that we went through. one I want to talk about is amendment the temperature average in the coun- Then, in 1945, it changed and another No. 2615. try was 12.8 degrees. In Chicago, it was ice age was coming that everyone was The EPA has systematically dis- 16 degrees below zero. That broke the concerned about. That lasted from 1945 torted the true impact of its regula- record that was set way back in 1884, to 1975. tions on job creation by using incom- when it was 14 degrees below zero. This Then, in 1975—and this is interesting plete analyses to assess the effects of made Chicago colder than even the because in 1975 we got into this time its rules on employment. They have South Pole at the same moment, where period we are talking about now; and even published that many of their reg- it was only 11 degrees below zero. that is, they were saying that global ulations will result in net job creation. Just this week, down at the South warming is coming upon us. EPA’s costly regulations, as any rea- Pole, a number of ships were stuck in Well, what is happening now—and sonable person knows, actually reduce the ice, even though it is in the middle these people have an awful lot of their business profitability and cause actual of the summer down there. This was all time and resources and reputation at job losses. New mandates and require- over the news, and for good reason. stake here—it is now to the point ments do not help the economy add On November 27, a research expedi- where that has reversed and we are jobs. tion to gauge the effect of global warm- going into another one of these cycles. For example, the EPA estimated that ing on Antarctica began. The interesting thing about 1945 is its 2011 Utility MACT—that was On December 24, a Russian ship car- that 1945 was the year where the great- passed. MACT means ‘‘maximum rying climate scientists, journalists, est surge in CO2 emissions happened. It achievable control technology.’’ In tourists, and crew members for the ex- was during that year. That was right other words, we come along in all of pedition became trapped in deep ice up after World War II. That precipitated our great wisdom up here and we pass to 10 feet thick. not a warming period but a cooling pe- a law saying how much emissions can An Australian icebreaker was sent to riod. take place, and yet there is no tech- rescue the ship, but on December 30 ef- In December of 2008, Al Gore said: nology that will accommodate that. forts were suspended due to bad weath- The entire North Polarized cap will dis- So the EPA estimated that its 2011 er. appear in five years. Utility MACT—that is the one that

VerDate Mar 15 2010 02:22 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.064 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE S126 CONGRESSIONAL RECORD — SENATE January 8, 2014 passed; it was passed into law—rule reduce the impact of EPA’s rules on job The PRESIDING OFFICER. The would create 46,000 temporary con- loss. clerk will call the roll. struction jobs and 8,000 net new perma- My second amendment would actu- The assistant legislative clerk pro- nent jobs. By contrast, a private study ally help create jobs. It is really kind ceeded to call the roll. conducted by NERA Economic Con- of unrelated, but since I am talking f sulting that examined the ‘‘whole- about two amendments that are very UNEMPLOYMENT INSURANCE economy’’ impact of the rule—and we significant now and would help resolve EXTENSION are talking about the Utility MACT; our jobs problem to a great extent, I that is what put coal out of business in will talk about amendment No. 2605. It Mrs. SHAHEEN. Mr. President, I ask a lot of the United States—the study would help us take advantage of our unanimous consent that the order for estimated that the rule would have a vast domestic oil and gas resources. the quorum call be rescinded. negative impact on worker incomes We have seen huge increases in oil The PRESIDING OFFICER. Without equivalent to 180,000 to 215,000 lost jobs and gas development in recent years objection, it is so ordered. in 2015, and the negative worker impact due to the advancements in precision Mrs. SHAHEEN. Mr. President, I would persist at the level of 50,000 to drilling, hydraulic fracturing, and have come to the floor today, like so 85,000 such ‘‘job-equivalents’’ annually. other technologies. These technologies many of our colleagues, to talk about The EPA estimated its Cross State have unlocked the shale revolution the urgent need to pass legislation to Air Pollution rule would create 700 jobs and, because of this, official govern- extend unemployment insurance. I was a year. By contrast, the same NERA ment estimates now predict that we encouraged, as I know many of us were, study estimated the rule would elimi- will become completely energy suffi- that the Senate voted on Monday to nate 34,000 jobs from 2013 through 2037. cient by 2035. move to this legislation. I really hope It lets you know that the EPA is con- What they will not tell you is that that we are able to build on that trolled by the President, and they are this could happen a lot faster. Right progress and to pass this critical as- there to fortify anything he says, even now, 83 percent of Federal lands are sistance this week. though we have studies to show just currently off limits to oil and gas de- Emergency unemployment insurance the opposite is true. velopers. There is not a good reason for has always had bipartisan support. The EPA also estimated its Indus- this. It is just the administration pre- Congress has acted eight times since trial Boiler MACT rule—every manu- venting us from having more jobs and 1958, under congressional leadership facturer has a boiler, so this affects all energy independence. and Presidents from both parties, to es- You have to keep in mind, we now manufacturers—would create 2,200 jobs tablish extended benefit programs and then hear people from the Obama a year. By contrast, NERA, in their when the unemployment rate is too administration saying: Well, wait a study, estimated the rule would elimi- high. In fact, as I think a number of minute, during the last 4 years or 5 nate 28,000 jobs each year from 2013 to my colleagues have said, the program years, the production has increased by 2037. we are currently looking to extend was some 40 percent. But that is all on In addition to those examples, the actually passed when George W. Bush State property and on private land. On National Association of Manufacturers was President, with strong bipartisan Federal land, it has actually decreased did a study that determined the cumu- support. by about 15 percent because of the war lative impact of EPA’s regulations is It is important that we do not turn against fossil fuels that has taken $630 billion annually and totals about 9 our backs on Americans who are strug- place out of the White House. gling to find work right now. We can- million jobs lost. That did not even in- So the amendment I am offering not afford the economic consequences clude the cap-and-trade regulations, would give these resources to the of inaction. Failing to renew unem- which would cost another $300 billion States to unlock and develop on their ployment benefits will cost us jobs, it to $400 billion per year. own. The assumption here is the States will hurt economic growth, it will The EPA has not yet fully studied or should be in a better position to know eliminate a critical lifeline for families disclosed the impact of these rules, but what they want to do with these regu- who are struggling to make ends meet. we know it is going to be very expen- lations in their own State and any While New Hampshire’s unemploy- sive. damage that might come to the envi- ment rate is below the national aver- If we really want to do something ronment—let them make that decision age, if you are out of work, your house- about unemployment numbers in this instead of the Federal Government hold is 100 percent unemployed. There Nation, we need to hit the brakes on doing it. EPA’s regulations. Let’s do not worry A recent report by the Institute for are too many families in New Hamp- about extending the time of unemploy- Energy Research estimated that if we shire who have already been hurt by ment compensation, unemployment in- completely developed these off-limits the expiration of these benefits. Ac- cording to New Hampshire’s Governor surance; let’s do something about the Federal resources, it would create 21⁄2 costly regulations. million jobs and generate $14.4 trillion Maggie Hassan and our State’s Em- I think everybody knows some of the in economic activity. But it would also ployment Security Commissioner disasters that are taking place in the help us achieve energy independence by George Copadis, the lapse in this crit- country. They are aware of 2024, 11 years sooner than it would oth- ical program has abruptly cut off vital ObamaCare. They are aware of what he erwise. support for about 1,350 individuals in is doing to the military. They are So if we want to create jobs, this is New Hampshire. For each week that aware of the excessive spending that how we can do it. We should embrace extended benefits are not available, an has come from his budgets. But nobody our energy future and aggressively ex- additional 500 to 600 New Hampshire talks about the regulations, which pand production. If we want fewer peo- citizens will exhaust regular unemploy- really exceed the cost of supporting ple to lose their jobs in the future, we ment insurance coverage. greater national debt. should prevent the EPA’s regulations In total, more than 8,500 citizens of So my amendment does this by pro- from moving forward, at least until New Hampshire could be hurt over the hibiting the EPA from making any of they fully study the impact the rules course of the next year. That would re- its new regulations final until it com- will have on job losses. sult in a potential loss to our economy plies with requirements under the We have been trying to do this now of as much as $14 million, according to Clean Air Act’s section 321. for a long period of time, to determine the State of New Hampshire, and it is Section 321 was put into the Clean what these costs are. When the Amer- a particular issue in certain pockets in Air Act back in 1977, and it was sup- ican people find out, in terms of the the State. There are counties where posed to require the Federal Govern- dollars of cost and the jobs that are the unemployment rate is higher, ment to state what the job impact lost with excessive regulation, they where we have more long-term unem- would be as a result of the various reg- will come and let their feeling be ployed who are going to find particular ulations it pursued. How many times known, certainly at election time. concern about trying to find a job if has the EPA conducted this study? Not I yield the floor and suggest the ab- they do not have any help while they once. So that amendment would help sence of a quorum. are looking.

VerDate Mar 15 2010 02:22 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.069 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE January 8, 2014 CONGRESSIONAL RECORD — SENATE S127 I would ask unanimous consent that who will lose their benefits at the close of loophole that some corporations use to the letters from New Hampshire’s Gov- 2013. For each week that EUC is not avail- avoid paying their share of taxes. This ernor Hassan and from our Commis- able, an additional 500 to 600 NH citizens per provision is designed to address cor- month exhaust regular UI benefits. The high- porations that set up shell entities in sioner of Employment Security be est impact over the course of one year would printed in the RECORD. be 8,500 citizens of our state. The collective tax havens to avoid being considered There being no objection, the mate- loss of these monies in local communities an American company and paying at rial was ordered to be printed in the could be as high as $14 million in 2014. Al- the tax rate in the United States. They RECORD, as follows: though New Hampshire is doing much better do that even though these companies JANUARY 3, 2014. than most states, there is still a critical are controlled and operated on Amer- Hon. HARRY REID, need for the EUC Program for new ican soil. It would ensure that those Majority Leader, exhaustees throughout 2014. companies pay American tax rates. I U.S. Senate, Washington, DC. The Department of Employment Security think most people would agree that fully supports the extension of the EUC Pro- Hon. MITCH MCCONNELL, gram beyond the expiration of December 28, this kind of tax avoidance is unfair, Republican Leader, that we should close this tax loophole, U.S. Senate, Washington, DC. 2013. As you know the EUC Program provides a lifeline for those individuals along with a and we should do that rather than re- Hon. JOHN BOEHNER, Speaker of the House, little more time and a little more hope as ducing military retiree benefits. U.S. House of Representatives, they continue to seek employment opportu- In addition to the 20 cosponsors of Washington, DC. nities in our communities. the legislation in the Senate, there is a Please do not hesitate to contact me with Hon. NANCY PELOSI, similar bill in the House that has 46 co- any issues or concerns you might have re- Democratic Leader, U.S. House of Representa- sponsors. My idea of how to pay for the garding the extension of the Emergency Un- tives, Washington, DC. employment Benefits. military retirement benefit is just one DEAR MAJORITY LEADER REID, REPUBLICAN I thank you for your time and consider- idea. I know there are other bills that LEADER MCCONNELL, SPEAKER BOEHNER AND ation of my request. have been introduced. I am open to DEMOCRATIC LEADER PELOSI: I am writing to Sincerely yours, those other solutions. But I hope we strongly urge your support for the reinstate- GEORGE N. COPADIS, can work in a bipartisanship way to re- ment of the Emergency Unemployment Com- Commissioner, New pensation Program, a program that provides place these cuts before they go into ef- Hampshire Employ- fect in 2 years. It is important that we a critical lifeline to thousands of New Hamp- ment Security. address this issue for the men and shire residents, and also stimulates the econ- RICHARD J. LAVERS, omy and creates jobs as unemployed workers Deputy Commissioner, women who have served this country so purchase essential goods and services. It is New Hampshire Em- well, who have put their lives on the imperative that Congress takes up this im- ployment Security. line for us. I hope we can do that as portant issue as soon as it reconvenes. part of this legislation when we vote on The expiration of the EUC program has Mrs. SHAHEEN. As these letters show, the impact of a failure to extend it. If we are not able to do that, I cer- abruptly cut off vital support for 1.3 million tainly hope we are going to be able to of our fellow Americans, including approxi- unemployment benefits is very real for mately 1,350 individuals in New Hampshire. thousands of working families in New address this in the near future. For each week that the EUC program is not Hampshire. Of course, that is true, we I yield the floor. available, an additional 500 to 600 New Hamp- know, across the country. Failing to The PRESIDING OFFICER. The Sen- shire citizens per month exhaust regular un- pass this legislation will hurt our eco- ator from Pennsylvania. employment insurance coverage. More than nomic recovery in New Hampshire. It f 8,500 citizens of our state could be hurt over the course of the next year, resulting in a po- will hurt the Nation’s economic recov- HONORING OUR ARMED FORCES tential loss to our economy of as much as $14 ery. million. The Economic Policy Institute esti- As we continue to recover from the Great mates that the expiration of unemploy- PENNSYLVANIA CASUALTIES Recession, we must support measures that ment insurance will cost the economy Mr. CASEY. Mr. President, I rise to- will encourage economic growth. Although 310,000 jobs, which is roughly the equiv- night to offer a few brief remarks. I am New Hampshire continues to experience alent of a single month of job growth. joined on the floor by my colleague lower unemployment rates than most states, We know from economists from the Senator TOOMEY. We are both here to- there remains a critical need for the EUC Congressional Budget Office that each program as our unemployed workers con- night to read a list of names of those tinue their efforts to secure employment dollar we spend on extending unem- who gave, as President Lincoln said a throughout 2014. Failure to reinstate the ployment insurance generates about long time ago, the last full measure of EUC program will undermine our fragile eco- $1.50 in economic growth. It is one of devotion to their country, Pennsylva- nomic recovery. the best places we can spend public dol- nians who lost their lives in Operation Again, I urge you to act quickly and rein- lars to try to stimulate this economy, Enduring Freedom. state the Emergency Unemployment Com- to create jobs that can ultimately put We know that since the beginning of pensation Program. We all need to work to- people who are unemployed back to the conflict, Pennsylvania now has lost gether to ensure that the economy continues work. to date—the latest number I have seen to grow and that we continue to lend a help- Although the unemployment rate has ing hand to unemployed workers in New is 92 killed in action. Tonight we will Hampshire and across the country. gone down and our economy has shown read the names of five who gave that With every good wish, signs of recovery, we still have a lot last full measure of devotion. MARGARET WOOD HASSAN, more to do. We have to get more people Before I turn to my colleague, it is Governor. back to work. There is so much on the very hard for me to fully understand or line, for jobs, for hard-working Ameri- appreciate what the loss of a loved one NEW HAMPSHIRE EMPLOYMENT cans, and for our economy as a whole. means when they lose their life in war. SECURITY, We should pass this legislation on be- We often turn to quote Lincoln or the Concord, NH, January 2, 2014. half of workers and families in New Scriptures. They are both appropriate. Hon. JEANNE SHAHEEN, Hart Senate Office Building, Hampshire and across this country. One of the best descriptions I heard Washington, DC. I also want to point out that I have was by the songwriter Bruce DEAR SENATOR JEANNE SHAHEEN: Our un- filed an amendment to this unemploy- Springsteen. He was writing songs in derstanding is the Senate intends to delib- ment insurance bill. I hope we will the aftermath of 9/11. He had one song erate on extending Emergency Unemploy- have a chance to vote on this amend- where the refrain was ‘‘you’re miss- ment Benefits (EUC) when they return from ment. It is identical to a bill I have au- ing.’’ Of course, it could apply to a their break. I wanted to take this oppor- thored that has 19 cosponsors, includ- family who lost someone in war. tunity to provide you with information on ing the Presiding Officer, the Military One of the lines in that song goes the number of citizens here in New Hamp- Retirement Restoration Act. This leg- something like this: You are missing. shire who will be affected by the loss of the EUC Program which expired on December 28, islation would replace the military re- When I turn out the light you’re miss- 2013. tiree and benefit cuts that have been ing. When I close my eyes you’re miss- The expiration of the EUC Program is pro- included in the recent budget agree- ing. And when I see the sunrise, you’re jected to immediately effect 1,350 individuals ment. It would do that by closing a tax missing.

VerDate Mar 15 2010 02:22 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.070 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE S128 CONGRESSIONAL RECORD — SENATE January 8, 2014 I can only turn to words such as that will read the remaining names. I agreement that was approved by this because I have never walked in those should correct myself. I said five at the body, with many reservations and re- shoes, of being part of a family who beginning. I had the count wrong. It is grets, and now we ought to seize this lost someone in Iraq or Afghanistan or actually six individuals: opportunity to correct that defect as in any conflict. So tonight we pay trib- SSG Thomas Baysore, Jr., United this measure offers us through an ute to those Pennsylvanians who gave States Army, Milton, PA; SGT Patrick amendment. so much to their country, and their Hawkins, U.S. Army, Carlisle, PA; SSG We can pay for it. It can be budget families as well have given so much to Patrick Quinn, U.S. Army, Quarryville, neutral, if we simply close a certain their country. PA. egregious corporate tax loophole as I am honored to be joined by my col- As I conclude the list of Pennsylva- Senator SHAHEEN has suggested. I want league Senator TOOMEY, who will begin nians who were killed in action over to emphasize again what Senator SHA- to read the names. the past year, I want to say again we HEEN said so well. We can think of a lot The PRESIDING OFFICER. The Sen- honor them. We pay tribute to them. of different ways to pay for the $6.5 bil- ator from Pennsylvania. By this brief commemoration we re- lion that is necessary to correct these Mr. TOOMEY. Mr. President, I thank member them. We remember them and cuts in military retiree benefits. What my colleague Senator CASEY for orga- we also remember the families they is beyond question is the need to fix nizing this brief tribute that is so left behind. To quote Lincoln a second this flaw. It is a flaw that not only di- much deserved by the servicemembers time, he once wrote to a family, ‘‘I minishes in monetary terms the bene- we are going to be acknowledging in a pray that our Heavenly Father may as- fits these retirees need and deserve, it few minutes. suage of your bereavement, and leave also dishonors the service and sacrifice I would like to begin by extending you only the cherished memory of the they have made. What better oppor- my deepest condolences to the fami- loved and lost, and the solemn pride tunity than now, as we deal with the lies, friends, loved ones of these true that must be yours to have laid so extension of unemployment benefits in Pennsylvania heroes and the lives that costly a sacrifice upon the altar of free- a measure that deserves overwhelming they led and the cause for which they dom.’’ support just as the budget deal re- died. Those men represent all that is None of us could say it better than ceived, to correct this flaw. great about this great country. There has been a lot of misinforma- Some enlisted right after graduating Abraham Lincoln did. But we offer that tion and confusion about exactly what from high school. During those very prayer tonight to the families. So to tough and grueling days and weeks in the families of our fallen heroes, from the Murray-Ryan agreement did to basic training, I suspect they never these and from other conflicts, please military retirement benefits, and there heard of the places in Afghanistan know that they and you are in our is a need to address in the longer term where they would make this sacrifice. thoughts and prayers. the system that provides for retiree These Pennsylvanians, of course, join Again, I thank Senator TOOMEY. benefits, to make it serve better the in- a long list of soldiers, sailors, airmen, I yield the floor and would suggest terests of our retirees, our veterans, and Coast Guard members who have the absence of a quorum. our patriots who have given so much to given their lives for this country, to in- The PRESIDING OFFICER. The our Nation. But right now, in these clude those who gave their lives in clerk will call the roll. next few days, beyond any kind of World War II, the Korean war, the The bill clerk proceeded to call the question or doubt, is the need to cor- Vietnam war, of course the ongoing roll. rect this defect and to follow through war against violent radical Islamists Mr. BLUMENTHAL. Mr. President, I on the understanding that many of us all around the world. ask unanimous consent that the order had, including myself, that in fact we It is no accident that Pennsylvania for the quorum call be rescinded. would correct this defect. has suffered so heavily in this conflict, The PRESIDING OFFICER (Mr. I supported the budget agreement as it has in every other conflict in our CASEY). Without objection, it is so or- with the understanding, as Chairman Nation’s history. I think it is because dered. LEVIN of Michigan made clear, the Sen- in the towns across Pennsylvania, f ate would work this year, as soon as possible, to stop the 1-percent reduc- towns and cities such as Tafford and MILITARY RETIREMENT tion in the cost of living adjustments Mohnton, there are certain values that RESTORATION ACT are deeply rooted in those commu- for military retirees until the age of 62 nities: importance of family, impor- Mr. BLUMENTHAL. Mr. President, I that would take effect in December of tance of faith, the importance of serv- am very proud to follow my colleague 2015. December, 2015 of that year is a ing this Nation. There is a deep convic- from New Hampshire and thank her for long way off. There may be other op- tion that freedom is worth defending, her leadership in offering the Military portunities to correct this flaw—the re- and a belief that a cause worth fighting Retirement Restoration Act, which I duction in retiree benefits—but let’s do for is not just someone else’s responsi- am very pleased to support as an it now. Let’s not delay in restoring the bility. These are the values that have amendment to the unemployment in- benefits that these retirees need and helped shape these service members, surance extension bill. deserve. their families, their churches, their For all the reasons I have stated, and So I urge my colleagues to join in houses of worship, and their commu- others have expressed even more pow- this effort, paying for this change by nities. These values are exemplified in erfully than I, this bill makes sense. making sure companies managed and the lives of our fallen who will forever We must extend unemployment bene- controlled in the United States can’t be honored by our great Common- fits for the long-term jobless. The mer- avoid U.S. taxes simply by claiming wealth for their service to this coun- its of this bill are absolutely indis- foreign status. Many of us have long try. putable and undeniable. This bill offers advocated closing this loophole. It I will begin reading the names of the a critically important opportunity, and seems to me a reasonable approach, far men who made the supreme sacrifice we ought to seize it to correct and fix better than taking away the child tax for freedom last year in this conflict, a defect in the budget agreement that credit for poor migrant families. and Senator CASEY will complete the was reached by the very excellent work Ultimately, the pay-for issue, the off- list: of our colleague Senator MURRAY and set question, should be resolved, and I CWO Matthew Paul Ruffner, U.S. Congressman RYAN, and that was believe it will be, if not in this act then Army, Tafford; CWO Jarett Michael passed overwhelmingly by a bipartisan in the Omnibus appropriations bill we Yoder, U.S. Army, Mohnton; SSG majority in this body. will address next and then make sure Marek Soja, U.S. Army, Philadelphia. It was an agreement that advanced we keep faith. We must assure that we I yield the floor. and enhanced economic certainty. It will keep faith with these retirees who The PRESIDING OFFICER. The Sen- had many advantages, but it also was have given and served so much. ator from Pennsylvania. far from perfect. Its flaws included a As Senator SHAHEEN has said, most Mr. CASEY. Mr. President, I thank cut in military retiree benefits. These Americans would agree this kind of tax my colleague for starting the list. I benefits were cut by provisions to that avoidance is unfair, and we ought to

VerDate Mar 15 2010 02:22 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.071 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE January 8, 2014 CONGRESSIONAL RECORD — SENATE S129 close this tax loophole rather than re- [POLITICO, Dec. 26, 2013] Russia had been Clark’s early academic in- ducing military retiree benefits. What A NELSON MANDELA BACKSTORY: IOWA’S DICK terest and was as well in his first years at all Americans would agree with is that CLARK Aspen. But Africa tugged and he set out ‘‘to try to get a get a cadre of Congress who (By David Rogers) we should keep faith and leave no vet- would know about South Africa and what eran behind, making sure this amend- Dick Clark was Mandela when Mandela was going on in South Africa.’’ ment is voted on and approved and wasn’t cool. These typically were nearly weeklong sem- given legal force and effect so we cor- A one-term Democratic senator from Iowa inars—held at choice locales overseas to lure rect and fix the flaw in the budget and for years afterward a leader of congres- members of Congress but also to provide neu- agreement that has disallowed and dis- sional discussions on apartheid, Clark is now tral ground for the warring parties inside 85 and long gone from the public scene. But South Africa. honored the obligation we owe these the ups and downs of his career are an in- Bermuda, for example, served as a meeting retirees. triguing back story—and counterpoint—to place in 1989. The island allowed officials I thank the Presiding Officer, and I the outpouring of praise for Nelson Mandela, from the South African government to shut- yield the floor. the black liberation leader and former presi- tle in and out before the arrival of outlawed f dent of South Africa who died Dec. 5. representatives for Mandela’s African Na- It wasn’t always that way in Washington. tional Congress, which was operating then REMEMBERING DICK CLARK Indeed, Mandela turned 60 in South Afri- from outside South Africa. Mr. LEAHY. Mr. President, on De- ca’s Robben Island prison in the summer of ‘‘All of them were there, making their cember 5, the world lost one of the 1978 even as Clark—chairman of the African pitches,’’ Clark said. And once Mandela was Affairs panel on the Senate Foreign Rela- released from prison in 1990, the venue shift- greatest leaders of our era, and of any ed to South Africa itself. ‘‘We got Mandela, era, when Nelson Mandela died at the tions Committee—was fighting for his own re-election in Iowa. who had just gotten out of jail not long be- age of 95. His capacity for forgiveness It was a time when Republican challenger fore, to come,’’ Clark recalls of an April 1991 was rivaled only by his courage. His ac- Roger Jepsen felt free to taunt the Democrat session in Cape Town—a seminar that also tions serve as an example for the entire as ‘‘the senator from Africa.’’ Tensions were included F. W. de Klerk, South Africa’s world. Having led South Africa out of such that the State Department called in a white president. its darkest period of history, Mandela South African Embassy official in May for Most striking here was Clark’s impact on making disparaging remarks about Clark in Republicans—the party that helped to throw focused on achieving national rec- him out of the Senate. Iowa. And after Clark lost, South Africa’s onciliation to transition his govern- ‘‘He is a wonder,’’ says former Sen. Alan ment from minority rule and apart- ousted information secretary, Eschel Simpson (R–Wyo.). ‘‘I had been told he was a heid, to a multicultural democracy. He Rhoodie, said his government invested lefty, the stereotype, but he just drew out $250,000 to defeat Clark, who had become a people. He never showed bitterness toward was successful in this endeavor because thorn in the side of the white regime. he believed in the importance of bring- the right or promoting one side.’’ Jepsen denied any knowledge of South Af- Just as ‘‘Mandela made a difference, Dick ing people together, breaking down the rica’s alleged role. Nor does Clark accuse Clark made a difference in awareness’’ at barriers that defined, and imprisoned, him of such. But 35 years after, Clark has no home in Congress, Simpson adds. many South Africans. For Nelson doubt that the apartheid government led by Former Rep. John Porter (R–Ill.) remem- Mandela, the opportunity to lead Prime Minister B. J. Vorster wanted him bers an Aspen meeting in Cape Town at meant the possibility of painting South out—and had a hand in his defeat. which Clark surprised the participants on African society on a blank canvas. It Clark’s liberal record and support of the the last day by sending them out to walk Panama Canal Treaty, which narrowly through the neighborhoods of a black town- meant the possibility of creating a uni- cleared the Senate in the spring of 1978, also ship to meet with families. ‘‘Dick Clark fied and free South Africa, rather than hurt his chances in Iowa. But the fatal blow would do things like that,’’ Porter said. perpetuating a fractured mosaic de- was a fierce wave of late-breaking ground at- ‘‘This was before all the big changes in fined by inequality. tacks from anti-abortion forces—something South Africa when we were debating sanc- We are fortunate to have leaders even conservative writers like Robert Novak tions,’’ said former Sen. John Danforth (R– among us who share many of Nelson had not anticipated in a published column Mo.). ‘‘He was just so dedicated to it and Mandela’s qualities of leadership and a weeks before. knew all the players.’’ In fact, Clark says he ‘‘Abortion was the issue, and how much ef- knew very little about Africa before coming focus on human rights. Having served to the Senate after the 1972 elections. But for nearly four decades in the Senate, I fect this apparent $250,000 had to do with pro- moting it more, I have no way of evaluating when a seat opened up on Foreign Relations have had the privilege to serve with it,’’ Clark said in a recent interview at his in 1975, he grabbed it and fell into the Africa some of them. Dick Clark, a Senator home in Washington. ‘‘No question that they post—just ahead of his classmate Sen. JO- from Iowa who was in the Senate when did it. They said they did, and I think they SEPH BIDEN (D–Del.), the future vice presi- I was first elected, is one such indi- did.’’ dent. Timing is everything in Congress and vidual, and his story is connected to Clark had made himself a target for South it was Clark’s good fortune in this case. The Nelson Mandela’s legacy. I not only Africa with his high-profile chairmanship of legendary but very controlling Foreign Rela- tions Committee Chairman J. William Ful- served with Senator Clark but I trav- the Africa subcommittee. In Washington as well, he was not without critics who accused bright (D–Ark.) had just left the Senate at elled with him to Vermont and else- the end of 1974 and this allowed sub- where. His sense of commitment and him of being too puritanical, too quick to fault U.S. policy. But like no senator before committee chairs like Clark to act more on his conscience set a Senate standard him, Clark used the panel to raise the visi- their own. ‘‘Fulbright’s attitude was the subcommit- that is rarely matched. bility of human rights issues in the southern tees couldn’t do anything. Everything ought He was a fierce opponent of apart- regions of the continent. The roster of prior to be done by the full committee,’’ Clark heid, and a recent POLITICO article re- Africa subcommittee chairs reads like a said. ‘‘I was next to last on seniority. When calls Dick Clark’s efforts to raise Who’s Who of national Democrats: John Ken- it got down to me, the only thing left was Af- nedy in the late 1950s; Tennessee Sen. Albert awareness in Congress on the impor- rica about which I knew very little. Some Gore, father of the future vice president; fu- tance of the issue, and to push legisla- would say none. So I just figured: Here’s a ture Senate Majority Leader Mike Mans- tion that would distance the United chance to learn something and I spent a lot States from the South African govern- field; and former Vice President Hubert of time doing hearings and learning about Humphrey after his return to the Senate. ment’s activities in the region. His ef- Africa.’’ But all stayed for just one Congress before He also traveled—venturing into southern, forts eventually contributed to his moving on. Clark stuck, challenging Cold electoral loss at the end of his term, sub-Saharan Africa which was then unfa- War policies that he believed hurt the larger miliar to many on the Senate committee. but that did not keep him from pursing struggle against apartheid that Mandela ‘‘Humphrey told me that he got as far his goals. I am pleased that during this symbolized. south as Ethiopia,’’ Clark said. ‘‘It was new important period of reflection, Dick ‘‘He was the icebreaker here,’’ says his territory and interesting and of course we Clark’s contributions continue to be friend Rep. George Miller (D–Cal.). ‘‘He was were putting a lot of covert money in Africa, recognized. out breaking ice on Africa issues for the as were the Russians.’’ In the summer of I ask unanimous consent that a copy country and certainly for the Senate.’’ 1975, Clark and two aides left Washington for of the recent POLITICO article, A Nel- What’s more, after losing his Senate seat, what was to be a trip to just Tanzania, Zam- Clark didn’t stop. Instead, he found a new son Mandela backstory: Iowa’s Dick bia and Zaire. But that itinerary quickly ex- classroom via the Aspen Institute, where the panded to include the two former Portuguese Clark, be printed in the RECORD. former professor began what amounted to his colonies, Mozambique and Angola. There being no objection, the mate- own graduate program in 1983 to educate The Angola detour was pivotal and in- rial was ordered to be printed in the members of Congress about different policy cluded face-to-face meetings with Central In- RECORD as follows: issues. telligence Agency personnel on the ground as

VerDate Mar 15 2010 02:22 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.065 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE S130 CONGRESSIONAL RECORD — SENATE January 8, 2014 well as the leaders of the three rival factions Watergate had its John Dean, Rhoodie—a versity of Maryland, joining the com- in Angola’s post-colonial civil war. The So- top deputy to Mulder—proved the top wit- mittee staff on April 7, 1980, in order to viet Union and Cuba were then actively ness: a suave propagandist who later gave de- assist the committee’s arms control ex- backing the new leftist government under tailed interviews and wrote his own book on pert. She subsequently provided admin- Agostinho Neto. The CIA and South Africa the subject filling 900-plus pages. istrative support to the committee’s had begun a covert partnership assisting Rhoodie, who was prosecuted for fraud but rebel factions: chiefly Jonas Savimbi in the cleared by an appeals court in South Africa, budget director, minority counsel, and south, but also Holden Roberto, whose base ultimately relocated to the U.S., where he minority staff director. In 1987, Chair- was more in the north and Zaire. died in Atlanta in 1993. But by his account, man David L. Boren appointed Kath- Soon after Clark returned, the debate the Vorster government had used its con- leen as the chief clerk of the Intel- broke into the open after news reports de- tacts with a Madison Avenue public relations ligence Committee, a position she has tailing the U.S. and South African oper- firm, Sydney S. Baron & Co. Inc., to under- held ever since. ations. Congress cut off new funding in a De- mine Clark’s reelection. In her time here, she has been cember 1975 appropriations fight. It then Rhoodie describes a meeting early in 1978 present when some of our Nation’s in South Africa attended by Mulder, Vorster quickly enacted a more permanent ban—the most important national security so-called Clark amendment—prohibiting fu- and Baron at which Clark’s election was spe- ture covert assistance for paramilitary oper- cifically discussed, and the $250,000 was later issues were considered and debated— ations in Angola. moved into one of Baron’s accounts ‘‘to from espionage during the Cold War to Signed into law in February 1976, the Clark make sure that Clark was defeated.’’ As the response to the terrorist attacks of amendment was repealed under President South Africa’s information secretary, September 11, 2001, and many more. In Ronald Reagan in 1985. Conservatives long Rhoodie was in fact the signatory of con- the thousands of hearings, briefings, argued that it was always an overreach by tracts with Baron, according to filings with and markups she has run, Kathleen has Congress, reacting to Lyndon Johnson and the Justice Department. These show the New truly seen and heard it all. Richard Nixon’s handling of the Vietnam York firm initially received about $365,000 Kathleen has served as clerk, and War. annually under a contract signed in April mostly as chief clerk, for 11 committee ‘‘The danger now is the pendulum will 1976. This was increased to $650,000 a year swing too far the other way,’’ Secretary of later. In August 1977, the same arrangement chairmen: Birch Bayh, Barry Gold- State Henry Kissinger warned Clark’s panel was extended through January 1979, includ- water, Dave Durenberger, David Boren, in a January 1976 hearing. But for all the ing a $250,000 payment in April 1978. Dennis DeConcini, Arlen Specter, RICH- echoes of Vietnam, Clark says he saw his Whether this $250,000 is a coincidence or ARD SHELBY, Bob Graham, PAT ROB- amendment more as a way to separate the what Rhoodie was speaking on is not clear. ERTS, JAY ROCKEFELLER, and for me. U.S. from South Africa’s apartheid regime. At this stage, most of the major players are Owing to the nature of the committee ‘‘The reason the amendment passed so eas- dead and New York state corporate records and its rules, and to her even-handed, ily in both houses was because of Vietnam, show Baron’s firm was dissolved in 1993—the nonpartisan approach, she has also so I certainly related the two,’’ Clark said. year that Rhoodie died. ‘‘But my interest was really in Africa and Watching it all is Clark’s friend, old boss served many Vice Chairmen equally South Africa. We were aligning ourselves in the House and later Senate colleague, well during her tenure: Patrick Moy- with apartheid forces. The reason for my John Culver. The two met in 1964, when nihan, PAT LEAHY, Bill Cohen, Frank amendment was to disassociate us from Clark signed on to help Culver win his first Murkowski, John Warner, Bob Kerrey, apartheid and from South Africa.’’ House election and then worked with Culver Richard Bryan, Kit Bond, and now ‘‘Kissinger had really no feeling for human in Washington until 1972, when Clark went SAXBY CHAMBLISS, to name a few. Few rights that I could ever discern and certainly back to Iowa to run for the Senate. A Har- people in the U.S. Congress can say not in South Africa,’’ Clark said. ‘‘His asso- vard-educated Marine Corps veteran, Culver that they have worked for so many ciation with South Africa was obviously very said he had his own fascination with Africa close.’’ A year later, visiting South Africa, as a young man in the 1960s. But he remem- Senators—85 Senators in all—and as Clark got a taste of how closely the white bered that era as a time of greater optimism, professionally. government under Vorster had been watch- as new countries across the continent were As importantly, in her time here, and ing him. emerging from colonial rule. especially as the committee’s chief That trip included an important meeting ‘‘Dick came to it when there was less polit- clerk for more than two decades, Kath- in Port Elizabeth with the young black lead- ical reward,’’ Culver said. ‘‘But he stuck to leen has worked with more than 300 er, Steve Biko, who had just been released it.’’ staffers who have uniformly appre- from jail and would die 10 months later after f ciated and respected her profes- a brutal interrogation in the summer of 1977. Clark said he became a courier of sorts, tak- TRIBUTE TO KATHLEEN MCGHEE sionalism and collegiality. Kathleen has managed the administrative staff ing back a Biko memorandum to Jimmy Mrs. FEINSTEIN. Mr. President, I Carter’s incoming administration. But while and functions of the committee, and rise today with Senator SAXBY CHAM- in South Africa, Vorster himself wanted to coordinated with other Senate offices see Clark and spent much of an hour quizzing BLISS to honor and thank one of the on matters ranging from the rules to the senator on his past public comments— Senate’s longest-serving and most the architecture. She has walked doz- even down to small college appearances in widely-respected professional staff ens of staff directors through the prep- the U.S. ‘‘He spent an hour with me,’’ Clark members—Kathleen McGhee. Kathleen aration and execution of the commit- said. ‘‘They obviously had followed me to is retiring this week after 33 years of tee’s budget and has been hailed re- each of these, much to my surprise.’’ continual service to the Select Com- ‘‘He would quote me. And then he would peatedly as the committee’s ‘‘institu- mittee on Intelligence. tional memory.’’ say, Did you say that on such and such a As all Senators know, much of the date and such and such a place?’ ‘‘We went As the chief clerk, Kathleen has been through this for an hour. He just wanted the work of the Senate is done quietly and responsible for showing new staffers opportunity to tell me how wrong I was behind the scenes, by staff whose the ropes and making sure they were about everything I was saying.’’ names are not in the papers and who able to transition smoothly into their ‘‘He was the last great Afrikaner presi- are not in public service for the rec- new roles on the committee staff. Espe- dent,’’ Clark said. ‘‘In fact, he ultimately re- ognition. This is especially true for the cially for people used to the bureau- signed over the embarrassment of the work of the Intelligence Committee, cratic difficulties in the executive Muldergate thing years later.’’ The which operates behind closed doors Muldergate thing—as Clark calls it—was a branch, her ability to pave the way has major scandal inside South Africa in the late and—when things are working right— been nearly miraculous. 1970s when it was revealed that government without public attention. For 33 years, Sadly, but understandably, it is now funds had been used by the ruling National Kathleen McGhee was the person who the time for her own transition—al- Party to mount a far-reaching propaganda made sure that the committee operated though true to her form, Kathleen campaign in defense of apartheid. professionally by ensuring that our agreed to continue her service longer This went well beyond placing favorable hearings ran smoothly, reports were than anticipated in order to make sure articles or opinion pieces in the press. Tens written, letters sent and received, tran- that the hand-off to her successor of millions of dollars were invested to try to scripts maintained, and budgets were would go smoothly. undermine independent South African pa- pers. There was even a failed attempt in the met, all in a timely fashion. Now, we are pleased to take the op- U.S. to buy the Washington Star in hopes of The only thing she has not been able portunity on behalf of the Senate to influencing American policy. Muldergate got to overcome is the mice. thank Kathleen McGhee for her tre- its name from Connie Mulder, South Africa’s Kathleen came to the committee mendous service to the Select Com- information minister at the time. But just as shortly after graduating from the Uni- mittee on Intelligence, the Senate, and

VerDate Mar 15 2010 02:22 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.023 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE January 8, 2014 CONGRESSIONAL RECORD — SENATE S131 the Nation. We wish her all the very level education. During the first few the subsequent 30 years, and in 1991 best as she enjoys a well-earned retire- decades of the 20th century, the famed Weber State College was made Weber ment to her home in Falls Church, VA, purple and white were chosen as school State University. The university now and on her beloved shores of Bethany colors, and the wildcat was apparently has more than 26,000 full- and part-time Beach, DE, with her husband Mike and adopted as the school mascot after a students and offers more than 250 un- children, Luke and Molly. reporter dubbed the football players dergraduate degrees and 11 graduate f ‘‘scrappy as a bunch of wildcats.’’ degrees. The athletic programs con- As the 1920s closed, the Great Depres- tinue to be ranked among the best in RECOGNIZING WEBER STATE sion began to take shape and Weber their divisions, and the arts at Weber UNIVERSITY College, like all other institutions at State continue to enrich the lives of Mr. LEE. Mr. President, this week the time, did not foresee the financial many Utahns. marks the 125th anniversary of the calamity that would befall her. After a President Charles A. Wright now con- first week of classes at Weber State few years of struggle, the Weber Col- tinues the tradition of excellence in University, and I would like to take a lege Board, in conjunction with the leadership, which has been passed down moment to officially recognize this church’s Board of Education, trans- for 125 years. Weber State boasts many valued Utah institution. ferred the school to the State of Utah notable alumni, and the institution In the mid-1800s, pioneers from the in 1933. The subsequent years were very continues to fulfill its mission to serve Mormon Church, also know as the difficult for faculty and students, but ‘‘as an educational, cultural, and eco- Church of Jesus Christ of Latter-day the junior college persevered and con- nomic leader for the region.’’ Saints, settled an area 35 miles north tinued to mold good citizens. Although I normally bleed blue, I of Salt Lake City, known as the Weber The school carried along and grew in have set aside this week to bleed purple Valley. The surrounding area, includ- size as the Depression subsided. With with my Wildcat friends and col- ing the Weber River, was earlier named the attack on Pearl Harbor and the leagues. I congratulate the countless in honor of John Henry Weber, a noted entry of the United States into World students and faculty members who frontier trapper with the Rocky Moun- War II, Weber College’s faculty and have worked hard to make Weber State tain Fur Company. students did all that they could to sup- University what it is today. May the As our country continued westward port the war efforts. Many students next 125 years be as tremendous as the expansion, it became necessary to cre- joined the armed forces, and the school last, and may the ensign of truth and ate territorial governments. During helped in training naval cadets and right continue to proudly wave o’re ole this expansive period, Congress passed radio operators for the military. Weber. Because of the war, mostly women the Compromise of 1850, part of which f created the Utah Territory. The terri- attended the school, and they ‘‘had to torial government oversaw general ad- hold things down until the fellows re- HONORING OUR ARMED FORCES ministrative matters, including the es- turned to campus,’’ as one alumna re- SERGEANT DANIEL VASSELIAN tablishment of schools, during the lat- called. In 1945, the school even held a Mrs. SHAHEEN. Mr. President, today ter half of the 19th century. The region dance called the ‘‘Polygamist Prance,’’ I wish to honor the life and service of experienced an increase in population, which was girl’s choice. To make sure U.S. Marine Sgt. Daniel Vasselian, who as Mormons and non-Mormons alike that all the girls could attend, the boys was killed in the line of duty on De- came to further settle the West. With were to accept all requests for a date. cember 23, 2013 while conducting com- the driving of the golden spike at near- Many boys showed up at the dance with bat operations in Helmand province, by promontory summit in 1869, the 5 or 10 dates, and even though such a Afghanistan. Sergeant Vasselian was ration was unfair to the girls, the stu- completion of the Transcontinental assigned to 1st Battalion, 9th Marine dents had a great time. Railroad brought tremendous economic Regiment, 2nd Marine Division, II Ma- Although it was a tremendously dif- growth to the Weber Valley. ficult time for the entire country, rine Expeditionary Force, Camp As the Mormon settlers grew in num- Weber College students, showing the Lejune, N.C., and was serving his third bers and cultivated the land, they also spirit of America’s greatest generation, tour of duty when he was killed at the created institutions of learning for exhibited principled leadership and young age of 27. themselves and their children. In 1888, ‘‘Danny’’, as he was known by family courage through the storm of World members of the Mormon Church were War II. In all, 82 faculty and alumni did and friends, was a proud son of the encouraged by their leaders to insti- not return from Europe or the Pacific, small Massachusetts town of Abington, tute local boards of education to over- and all were profoundly affected by the where he was known as a kind, coura- see the creation of schools that could great and terrible conflict. geous and fun-loving young man. teach the principles of religion in con- As the war came to a close, Weber Danny graduated from Abington High junction with the standard curriculum prepared for the return of many sol- School in 2004, and was fortunate to of the day. diers who were anxious to go to col- have already met the love of his life, In 1889, the regional group of Mormon lege. Enrollment exploded from 465 stu- Erin, whom he went on to marry. Erin congregations, known as the Weber dents in 1945 to over 2,000 students in and Danny celebrated their fourth wed- Stake of Zion, started the Weber Stake 1959, and 3,000 students in 1962. During ding anniversary in December. A trib- Academy for the education of local stu- this time of expansion, the Utah Legis- ute to his standing in Abington, thou- dents who had passed the sixth grade. lature directed the State board of edu- sands of people lined the town’s streets The school was ‘‘open to students of ei- cation to find a new place for the bur- to escort Sergeant Vasselian’s casket ther sex, and of any religious denomi- geoning school. The college was subse- to the funeral service. nation or nationality.’’ The mission of quently moved from downtown Ogden In 2006, Sergeant Vasselian enlisted the academy was ‘‘to provide an edu- to Harrison Boulevard, where it cur- with the Marines and was assigned to cation which includes moral culture, as rently resides today. 2/3 Echo Company Infantry, eventually well as mental and physical training.’’ In 1959, the men’s basketball team, deploying to tours in Iraq and Afghani- Courses were offered in theology, busi- an ever-formidable force, won the Jun- stan. The heroism and professionalism ness, pedagogy and psychology, lan- ior College National Championship. In of Sergeant Vasselian and his Marine guages, English and literature, natural that same year, the Utah Legislature Corps units merited numerous awards, and physical science, mathematics, passed a bill allowing Weber College to including a Purple Heart Award, a history, and political science. become a 4-year senior college, and the Combat Action Ribbon, a Presidential The school grew in notoriety and en- first courses contributing to 4-year de- Unit Citation and a Navy Unit Com- rollment over the following 20 years. In grees were offered in 1962. The next mendation. Sergeant Vasselian’s love 1918, it was renamed ‘‘Weber Normal year, Weber College became Weber for his Marine brothers was infallible, College’’ and subsequently ‘‘Weber Col- State College, and the campus was and ultimately led him to volunteer for lege,’’ as the institution eventually greatly expanded during this time. the mission that cost him his life. dropped all preparatory and high Weber continued to grow and Sergeant Vasselian’s outsized person- school education to focus on college- progress as Weber State College over ality and good heartedness will not

VerDate Mar 15 2010 04:06 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A08JA6.005 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE S132 CONGRESSIONAL RECORD — SENATE January 8, 2014 soon be forgotten by those who were He loved his family. He loved the The enrolled bill was subsequently lucky enough to have known him. It is United States of America. And he fused signed by the President pro tempore my hope that during this extremely these two great loves of his life, in the (Mr. LEAHY). difficult time, his family and friends fires of a profound human under- will find comfort in knowing that standing and an exceptional intellect, At 1:24 p.m., a message from the Americans everywhere appreciate deep- into a great leadership. House of Representatives, delivered by ly his vow to defend our country so It was a leadership which sought to Mrs. Cole, one of its reading clerks, an- that the rest of us may continue to live awaken us to our responsibilities to nounced that the House has agreed to in peace and freedom. one another in this nation. It was a H. Res. 451, resolving that the Clerk of Along with his parents Mark and leadership which called to us to correct the House inform the Senate that a Karen, as well as his step-mother Alice, through our individual lives and our quorum of the House is present and Danny is survived by his wife Erin common institutions and the inequities that the House is ready to proceed with (Doyle) Vasselian; his siblings Jean- and inadequacies which weigh heavily business. nine, Julianne and Joseph; his grand- on millions of Americans. It was a f mother Jeanne Vasselian; his grand- leadership for the things which en- father Thomas P. Connor; his mother lighten for confidence, for tolerance, ENROLLED BILL PRESENTED and father-in-law David and Patricia for mutual restraint and respect among The Secretary of the Senate reported Doyle; his nephew and niece Cayleb and all Americans. It was a leadership that on today, January 8, 2014, she had Shaelyn Barrio; also aunts, uncles, against the things which divide— presented to the President of the cousins and friends. This patriot will against arrogance and the purveyance United States the following enrolled be missed by all. of fear, bigotry, hatred and the idol- bill: I ask my colleagues and all Ameri- atry of ignorance. S. 1614. An act to require Certificates of cans to join me in honoring the life and This nation is a better nation be- Citizenship and other Federal documents to service of this brave young American, cause John Fitzgerald Kennedy lived reflect name and date of birth determina- Daniel Vasselian. among us and was our president and tions made by a State court and for other f died in our service. He gave to us in purposes. ADDITIONAL STATEMENTS life. He gives to us, too, in death. For f the loss which we have suffered has REPORTS OF COMMITTEES awakened in all who were touched JOHN FITZGERALD KENNEDY deeply by it, an awareness of all that is The following reports of committees ELEMENTARY SCHOOL finest in ourselves and in this nation. were submitted: ∑ Mr. BAUCUS. Mr. President, I rise Out of that awakening may we find the By Mr. ROCKEFELLER, from the Com- today to recognize the 50th anniversary quiet strength to seek a new decency mittee on Commerce, Science, and Transpor- at home and to pursue in the years tation, without amendment: of the dedication of John Fitzgerald S. 267. A bill to prevent, deter, and elimi- Kennedy Elementary School in Butte, ahead, a reasoned peace in the world. nate illegal, unreported and unregulated MT. The school is marking 50 years These were the two fundamental objec- fishing through port State measures (Rept. since it became the first in the country tives of President John Fitzgerald Ken- No. 113–132). to change its name in honor of Presi- nedy and with God’s help they shall be By Mr. ROCKEFELLER, from the Com- dent Kennedy. I would like to com- achieved in the fullness of their time. mittee on Commerce, Science, and Transpor- mend the faculty, staff, and students of Today, we give this school his name. tation, with an amendment in the nature of the school and the entire Butte com- There is no more fitting way in which a substitute: to express a respect and appreciation S. 1068. A bill to reauthorize and amend the munity on this important occasion. In National Oceanic and Atmospheric Adminis- January 1964, Senator Mike Mansfield for him. He knew that education was a tration Commissioned Officer Corps Act of spoke at the dedication ceremony for master key to human decency and to 2002, and for other purposes (Rept. No. 113– the school. I ask unanimous consent international peace. And the contribu- 133). tions which, under his leadership, this that Senator Mansfield’s speech be f printed in the RECORD. Congress has made to its advancement There being no objection, the mate- represent one of the most significant INTRODUCTION OF BILLS AND rial was ordered to be printed in the advances in many decades. JOINT RESOLUTIONS RECORD, as follows: A school is bricks and mortar. It is The following bills and joint resolu- DEDICATION OF JOHN FITZGERALD KENNEDY wise and understanding teachers. It is tions were introduced, read the first ELEMENTARY SCHOOL, BUTTE, MONTANA young people, eager and trusting. It is and second times by unanimous con- ADDRESS BY SENATOR MIKE MANSFIELD (D– all these things brought together and sent, and referred as indicated: MONTANA) held together by the belief that truth By Mr. LEAHY (for himself, Mr. SCHU- BUTTE, MONTANA, JANUARY 4, 1964 is the end and that by reason and faith MER, Mr. FRANKEN, and Mr. It was in this neighborhood that we shall know it. That belief, John BLUMENTHAL): Maureen Mansfield, my wife, lived as a Fitzgerald Kennedy held in every fiber S. 1897. A bill to prevent and mitigate iden- child. These streets echoed her foot- of his being. May his name help to so- tity theft, to ensure privacy, to provide no- steps. These by-ways knew her child- lidify in this school that belief. May it tice of security breaches, and to enhance hood laughter and tears. These dwell- help to bring to all who are of it in all criminal penalties, law enforcement assist- ings housed her friends and neighbors. the years to come a measure of his ance, and other protections against security breaches, fraudulent access, and misuse of Many who knew her in those days not courage, his wisdom, his decency—his so long ago have gone and many who personally identifiable information; to the humanity.∑ Committee on the Judiciary. do not know her have come. But the at- By Ms. WARREN (for herself and Mr. f tachment remains. And for that reason COBURN): I am grateful to be here today among S. 1898. A bill to require adequate informa- old friends and new. MESSAGES FROM THE HOUSE tion regarding the tax treatment of pay- And I am grateful, too, for another ENROLLED BILL SIGNED ments under settlement agreements entered reason. After the immense sorrow of At 10:02 a.m., a message from the into by Federal agencies, and for other pur- the past few weeks, I am grateful for House of Representatives, delivered by poses; to the Committee on Homeland Secu- rity and Governmental Affairs. the occasion which has summoned us Mr. Novotny, one of its reading clerks, all here. For we have come together to announced that the Speaker has signed f give a name to a school. The name we the following enrolled bill: ADDITIONAL COSPONSORS give is that of a fine human being, a S. 1614. A bill to require Certificates of S. 41 man of warmth, of depth, and of deep Citizenship and other Federal documents to dedication to his country. reflect name and date of birth determina- At the request of Ms. CANTWELL, the John Fitzgerald Kennedy was an ex- tions made by a State court and for other name of the Senator from Texas (Mr. traordinary man in an ordinary way. purposes. CORNYN) was added as a cosponsor of S.

VerDate Mar 15 2010 03:09 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.054 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE January 8, 2014 CONGRESSIONAL RECORD — SENATE S133 41, a bill to provide a permanent deduc- States foreign assistance programs, S. 1739 tion for State and local general sales and for other purposes. At the request of Mr. HOEVEN, the taxes. S. 1452 name of the Senator from Alaska (Ms. S. 91 At the request of Mr. FRANKEN, the MURKOWSKI) was added as a cosponsor At the request of Mr. VITTER, the name of the Senator from New Hamp- of S. 1739, a bill to modify the effi- name of the Senator from New Hamp- shire (Mrs. SHAHEEN) was added as a co- ciency standards for grid-enabled water shire (Ms. AYOTTE) was added as a co- sponsor of S. 1452, a bill to enhance heaters. sponsor of S. 91, a bill to amend the In- transparency for certain surveillance S. 1798 ternal Revenue Code of 1986 to clarify programs authorized by the Foreign In- At the request of Mr. WARNER, the eligibility for the child tax credit. telligence Surveillance Act of 1978 and names of the Senator from Arkansas S. 127 for other purposes. (Mr. BOOZMAN) and the Senator from At the request of Mr. HELLER, the S. 1465 Ohio (Mr. PORTMAN) were added as co- name of the Senator from Texas (Mr. At the request of Mr. LEVIN, the sponsors of S. 1798, a bill to ensure that CORNYN) was added as a cosponsor of S. name of the Senator from Rhode Island emergency services volunteers are not 127, a bill to provide a permanent de- (Mr. WHITEHOUSE) was added as a co- counted as full-time employees under duction for State and local general sponsor of S. 1465, a bill to ensure that the shared responsibility requirements sales taxes. persons who form corporations in the contained in the Patient Protection and Affordable Care Act. S. 367 United States disclose the beneficial S. 1845 At the request of Mr. CARDIN, the owners of those corporations, in order name of the Senator from New Hamp- to prevent the formation of corpora- At the request of Mr. REED, the name of the Senator from Pennsylvania (Mr. shire (Ms. AYOTTE) was added as a co- tions with hidden owners, stop the mis- sponsor of S. 367, a bill to amend title use of United States corporations by CASEY) was added as a cosponsor of S. XVIII of the Social Security Act to re- wrongdoers, and assist law enforce- 1845, a bill to provide for the extension peal the Medicare outpatient rehabili- ment in detecting, preventing, and of certain unemployment benefits, and tation therapy caps. punishing terrorism, money laun- for other purposes. dering, tax evasion, and other criminal S. 1848 S. 534 and civil misconduct involving United At the request of Mr. ROBERTS, the At the request of Mr. TESTER, the States corporations, and for other pur- names of the Senator from South Caro- name of the Senator from Mississippi poses. lina (Mr. GRAHAM) and the Senator (Mr. COCHRAN) was added as a cospon- S. 1565 from Oklahoma (Mr. COBURN) were sor of S. 534, a bill to reform the Na- At the request of Mr. CASEY, the added as cosponsors of S. 1848, a bill to tional Association of Registered name of the Senator from Connecticut amend section 1303(b)(3) of Public Law Agents and Brokers, and for other pur- (Mr. BLUMENTHAL) was added as a co- 111–148 concerning the notice require- poses. sponsor of S. 1565, a bill to require the ments regarding the extent of health S. 824 Secretary of Labor to maintain a pub- plan coverage of abortion and abortion At the request of Mr. MENENDEZ, the licly available list of all employers premium surcharges. name of the Senator from Massachu- that relocate a call center overseas, to S. 1869 setts (Mr. MARKEY) was added as a co- make such companies ineligible for At the request of Mr. MCCONNELL, his sponsor of S. 824, a bill to amend the Federal grants or guaranteed loans, name was added as a cosponsor of S. Securities Exchange Act of 1934 to re- and to require disclosure of the phys- 1869, a bill to repeal section 403 of the quire shareholder authorization before ical location of business agents engag- Bipartisan Budget Act of 2013, relating a public company may make certain ing in customer service communica- to an annual adjustment of retired pay political expenditures, and for other tions, and for other purposes. for members of the Armed Forces purposes. S. 1590 under the age of 62, and to provide an S. 1128 At the request of Mr. ALEXANDER, the offset. At the request of Mr. TOOMEY, the name of the Senator from Kansas (Mr. At the request of Ms. AYOTTE, the name of the Senator from Florida (Mr. MORAN) was added as a cosponsor of S. names of the Senator from Wyoming RUBIO) was added as a cosponsor of S. 1590, a bill to amend the Patient Pro- (Mr. ENZI) and the Senator from Lou- 1128, a bill to clarify the orphan drug tection and Affordable Care Act to re- isiana (Mr. VITTER) were added as co- exception to the annual fee on branded quire transparency in the operation of sponsors of S. 1869, supra. prescription pharmaceutical manufac- American Health Benefit Exchanges. S. 1875 turers and importers. S. 1618 At the request of Mr. WYDEN, the S. 1174 At the request of Ms. COLLINS, the name of the Senator from Colorado At the request of Mr. BLUMENTHAL, name of the Senator from New York (Mr. UDALL) was added as a cosponsor the name of the Senator from Ohio (Mrs. GILLIBRAND) was added as a co- of S. 1875, a bill to provide for wildfire (Mr. PORTMAN) was added as a cospon- sponsor of S. 1618, a bill to enhance the suppression operations, and for other sor of S. 1174, a bill to award a Congres- Office of Personnel Management back- purposes. sional Gold Medal to the 65th Infantry ground check system for the granting, S. 1881 Regiment, known as the denial, or revocation of security clear- At the request of Mr. MENENDEZ, the Borinqueneers. ances or access to classified informa- names of the Senator from Wyoming S. 1249 tion of employees and contractors of (Mr. BARRASSO), the Senator from Wis- At the request of Mr. BLUMENTHAL, the Federal Government. consin (Mr. JOHNSON), the Senator from the name of the Senator from North S. 1729 North Dakota (Mr. HOEVEN), the Sen- Dakota (Ms. HEITKAMP) was added as a At the request of Mr. BEGICH, the ator from North Carolina (Mr. BURR), cosponsor of S. 1249, a bill to rename name of the Senator from Virginia (Mr. the Senator from Colorado (Mr. BEN- the Office to Monitor and Combat Traf- WARNER) was added as a cosponsor of S. NET) and the Senator from Nevada (Mr. ficking of the Department of State the 1729, a bill to amend the Patient Pro- HELLER) were added as cosponsors of S. Bureau to Monitor and Combat Traf- tection and Affordable Care Act to pro- 1881, a bill to expand sanctions imposed ficking in Persons and to provide for an vide further options with respect to with respect to Iran and to impose ad- Assistant Secretary to head such Bu- levels of coverage under qualified ditional sanctions with respect to Iran, reau, and for other purposes. health plans. and for other purposes. S. 1271 S. 1738 S. CON. RES. 26 At the request of Mr. RUBIO, the At the request of Mr. CORNYN, the At the request of Mr. BLUMENTHAL, name of the Senator from Kansas (Mr. name of the Senator from North Da- the name of the Senator from Ohio ROBERTS) was added as a cosponsor of kota (Ms. HEITKAMP) was added as a co- (Mr. BROWN) was added as a cosponsor S. 1271, a bill to direct the President to sponsor of S. 1738, a bill to provide jus- of S. Con. Res. 26, a concurrent resolu- establish guidelines for the United tice for the victims of trafficking. tion recognizing the need to improve

VerDate Mar 15 2010 03:09 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A08JA6.010 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE S134 CONGRESSIONAL RECORD — SENATE January 8, 2014 physical access to many federally fund- amendment No. 2612 intended to be pro- breach notification and require notice ed facilities for all people of the United posed to S. 1845, a bill to provide for to consumers when their sensitive per- States, particularly people with dis- the extension of certain unemployment sonal information has been com- abilities. benefits, and for other purposes. promised. S. RES. 328 f This bill also provides for tough criminal penalties for anyone who At the request of Mr. CRUZ, the STATEMENTS ON INTRODUCED names of the Senator from Utah (Mr. would intentionally and willfully con- BILLS AND JOINT RESOLUTIONS ceal the fact that a data breach has oc- HATCH) and the Senator from Kansas curred when the breach causes eco- (Mr. ROBERTS) were added as cospon- By Mr. LEAHY (for himself, Mr. sors of S. Res. 328, a resolution express- SCHUMER, Mr. FRANKEN, and nomic damage to consumers. The bill ing the sense of the Senate on steps the Mr. BLUMENTHAL): also includes the Obama administra- Government of Iran must take before S. 1897. A bill to prevent and mitigate tion’s proposal to update the Computer further bilateral negotiations between identity theft, to ensure privacy, to Fraud and Abuse Act, so that at- tempted computer hacking and con- the Government of Iran and the United provide notice of security breaches, spiracy to commit computer hacking States Government occur. and to enhance criminal penalties, law enforcement assistance, and other pro- offenses are subject to the same crimi- AMENDMENT NO. 2603 tections against security breaches, nal penalties, as the underlying of- At the request of Mr. INHOFE, his fraudulent access, and misuse of per- fenses. name was withdrawn as a cosponsor of sonally identifiable information; to the I have drafted this bill after long and amendment No. 2603 intended to be pro- Committee on the Judiciary. thoughtful consultation with many of posed to S. 1845, a bill to provide for Mr. LEAHY. Mr. President, today, I the stakeholders on this issue, includ- the extension of certain unemployment am reintroducing the Personal Data ing the privacy, consumer protection benefits, and for other purposes. Privacy and Security Act. The recent and business communities. I have also At the request of Ms. AYOTTE, the data breach at Target involving the consulted with the Departments of Jus- names of the Senator from Wyoming debit and credit card data of as many tice and Homeland Security, and with (Mr. ENZI), the Senator from Louisiana as 40 million customers during the the Federal Trade Commission. (Mr. VITTER) and the Senator from Christmas holidays is a reminder that This is a comprehensive bill that not Pennsylvania (Mr. TOOMEY) were added developing a comprehensive national only addresses the need to provide as cosponsors of amendment No. 2603 strategy to protect data privacy and Americans with notice when they have intended to be proposed to S. 1845, cybersecurity remains one of the most been victims of a data breach, but that supra. challenging and important issues fac- also deals with the underlying problem At the request of Mr. JOHANNS, his ing our Nation. The Personal Data Pri- of lax security and lack of account- name was added as a cosponsor of vacy and Security Act will help to ability to help prevent data breaches amendment No. 2603 intended to be pro- meet this challenge, by better pro- from occurring in the first place. En- posed to S. 1845, supra. tecting Americans from the growing acting this comprehensive data privacy AMENDMENT NO. 2606 threats of data breaches and identity legislation remains one of my legisla- At the request of Mr. COBURN, the theft. I thank Senators FRANKEN, tive priorities as Chairman of the Judi- names of the Senator from North Caro- SCHUMER and BLUMENTHAL for cospon- ciary Committee. lina (Mr. BURR), the Senator from New soring this important privacy legisla- Protecting privacy rights is of crit- Hampshire (Ms. AYOTTE) and the Sen- tion. ical importance to all of us, regardless ator from Pennsylvania (Mr. TOOMEY) When I first introduced this bill 9 of party or ideology. I hope that all were added as cosponsors of amend- years ago, I had high hopes of bringing Senators will support this measure to ment No. 2606 intended to be proposed urgently needed data privacy reforms better protect Americans’ privacy. to S. 1845, a bill to provide for the ex- to the American people. Although the Mr. President, I ask unanimous con- tension of certain unemployment bene- Judiciary Committee favorably re- sent that the text of the bill be printed fits, and for other purposes. ported this bill numerous times this in the RECORD. There being no objection, the text of At the request of Mr. JOHANNS, his legislation has languished on the Sen- the bill was ordered to be printed in name was added as a cosponsor of ate calendar. the RECORD, as follows: amendment No. 2606 intended to be pro- In the meantime, the dangers to posed to S. 1845, supra. Americans’ privacy, economic pros- S. 1897 perity and national security posed by Be it enacted by the Senate and House of Rep- AMENDMENT NO. 2607 resentatives of the United States of America in At the request of Mr. JOHANNS, his data breaches have not gone away. Ac- Congress assembled, name was added as a cosponsor of cording to the Privacy Rights Clearing- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. amendment No. 2607 intended to be pro- house, more than 662 million records (a) SHORT TITLE.—This Act may be cited as posed to S. 1845, a bill to provide for have been involved in data security the ‘‘Personal Data Privacy and Security the extension of certain unemployment breaches since 2005. According to Act of 2014’’. benefits, and for other purposes. Verizon’s 2013 Data Breach Investiga- (b) TABLE OF CONTENTS.—The table of con- tions Report, there were more than 600 tents of this Act is as follows: AMENDMENT NO. 2608 publicly disclosed data breaches last Sec. 1. Short title; table of contents. At the request of Mr. BLUMENTHAL, Sec. 2. Findings. year. These data security breaches the name of the Senator from New Sec. 3. Definitions. have become all too common and these York (Mrs. GILLIBRAND) was added as a TITLE I—ENHANCING PUNISHMENT FOR cyberthreats have placed Americans’ cosponsor of amendment No. 2608 in- IDENTITY THEFT AND OTHER VIOLA- privacy rights at great risk. tended to be proposed to S. 1845, a bill TIONS OF DATA PRIVACY AND SECU- In 2011, the Obama administration re- to provide for the extension of certain RITY leased several proposals to enhance cy- unemployment benefits, and for other Sec. 101. Organized criminal activity in con- bersecurity, including a data breach nection with unauthorized ac- purposes. proposal that adopted the carefully cess to personally identifiable AMENDMENT NO. 2611 balanced framework of our legislation. information. At the request of Mr. JOHANNS, his I am happy that many of the sound pri- Sec. 102. Concealment of security breaches name was added as a cosponsor of involving sensitive personally vacy principles in this bill have been identifiable information. amendment No. 2611 intended to be pro- embraced by the administration. Sec. 103. Penalties for fraud and related ac- posed to S. 1845, a bill to provide for The Personal Data Privacy and Secu- tivity in connection with com- the extension of certain unemployment rity Act requires companies that have puters. benefits, and for other purposes. databases with sensitive personal infor- Sec. 104. Trafficking in passwords. Sec. 105. Conspiracy and attempted com- AMENDMENT NO. 2612 mation on Americans establish and im- puter fraud offenses. At the request of Mr. MORAN, the plement data privacy and security pro- Sec. 106. Criminal and civil forfeiture for name of the Senator from Virginia (Mr. grams. The bill would also establish a fraud and related activity in WARNER) was added as a cosponsor of single nationwide standard for data connection with computers.

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Sec. 107. Limitation on civil actions involv- (2) AGENCY.—The term ‘‘agency’’ has the mation or compilation of information, in ing unauthorized use. same meaning given such term in section 551 electronic or digital form that includes the Sec. 108. Reporting of certain criminal of title 5, United States Code. following: cases. (3) BUSINESS ENTITY.—The term ‘‘business (A) An individual’s first and last name or Sec. 109. Damage to critical infrastructure entity’’ means any organization, corpora- first initial and last name in combination computers. tion, trust, partnership, sole proprietorship, with any two of the following data elements: Sec. 110. Limitation on actions involving unincorporated association, or venture es- (i) Home address or telephone number. unauthorized use. tablished to make a profit, or nonprofit. (ii) Mother’s maiden name. TITLE II—PRIVACY AND SECURITY OF (4) DATA SYSTEM COMMUNICATION INFORMA- (iii) Month, day, and year of birth. PERSONALLY IDENTIFIABLE INFOR- TION.—The term ‘‘data system communica- (B) A non-truncated social security num- MATION tion information’’ means dialing, routing, ber, driver’s license number, passport num- Subtitle A—A Data Privacy and Security addressing, or signaling information that ber, or alien registration number or other Program identifies the origin, direction, destination, government-issued unique identification processing, transmission, or termination of Sec. 201. Purpose and applicability of data number. each communication initiated, attempted, or privacy and security program. (C) Unique biometric data such as a finger Sec. 202. Requirements for a personal data received. print, voice print, a retina or iris image, or privacy and security program. (5) DESIGNATED ENTITY.—The term ‘‘des- any other unique physical representation. Sec. 203. Enforcement. ignated entity’’ means the Federal Govern- (D) A unique account identifier, including Sec. 204. Relation to other laws. ment entity designated by the Secretary of a financial account number or credit or debit Homeland Security under section 216(a). Subtitle B—Security Breach Notification card number, electronic identification num- (6) ENCRYPTION.—The term ‘‘encryption’’— ber, user name, or routing code. Sec. 211. Notice to individuals. (A) means the protection of data in elec- Sec. 212. Exemptions. (E) Any combination of the following data tronic form, in storage or in transit, using an elements: Sec. 213. Methods of notice. encryption technology that has been gen- Sec. 214. Content of notification. (i) An individual’s first and last name or Sec. 215. Coordination of notification with erally accepted by experts in the field of in- first initial and last name. formation security that renders such data credit reporting agencies. (ii) A unique account identifier, including Sec. 216. Notice to law enforcement. indecipherable in the absence of associated a financial account number or credit or debit Sec. 217. Enforcement. cryptographic keys necessary to enable card number, electronic identification num- Sec. 218. Enforcement by State attorneys decryption of such data; and ber, user name, or routing code. general. (B) includes appropriate management and (iii) Any security code, access code, or Sec. 219. Effect on Federal and State law. safeguards of such cryptographic keys so as password, or source code that could be used Sec. 220. Reporting on exemptions. to protect the integrity of the encryption. to generate such codes or passwords. (7) IDENTITY THEFT.—The term ‘‘identity Sec. 221. Effective date. (12) SERVICE PROVIDER.—The term ‘‘service TITLE III—COMPLIANCE WITH theft’’ means a violation of section 1028(a)(7) provider’’ means a business entity that pro- STATUTORY PAY-AS-YOU-GO ACT of title 18, United States Code. vides electronic data transmission, routing, (8) PERSONALLY IDENTIFIABLE INFORMA- Sec. 301. Budget compliance. intermediate and transient storage, or con- TION.—The term ‘‘personally identifiable in- nections to its system or network, where the SEC. 2. FINDINGS. formation’’ means any information, or com- business entity providing such services does Congress finds that— pilation of information, in electronic or dig- not select or modify the content of the elec- (1) databases of personally identifiable in- ital form that is a means of identification, as tronic data, is not the sender or the intended formation are increasingly prime targets of defined by section 1028(d)(7) of title 18, recipient of the data, and the business entity hackers, identity thieves, rogue employees, United State Code. transmits, routes, stores, or provides connec- and other criminals, including organized and (9) PUBLIC RECORD SOURCE.—The term tions for personal information in a manner sophisticated criminal operations; ‘‘public record source’’ means the Congress, that personal information is undifferentiated (2) identity theft is a serious threat to the any agency, any State or local government Nation’s economic stability, national secu- agency, the government of the District of from other types of data that such business rity, homeland security, cybersecurity, the Columbia and governments of the territories entity transmits, routes, stores, or provides development of e-commerce, and the privacy or possessions of the United States, and Fed- connections. Any such business entity shall rights of Americans; eral, State or local courts, courts martial be treated as a service provider under this (3) security breaches are a serious threat and military commissions, that maintain Act only to the extent that it is engaged in to consumer confidence, homeland security, personally identifiable information in the provision of such transmission, routing, national security, e-commerce, and eco- records available to the public. intermediate and transient storage or con- nomic stability; (10) SECURITY BREACH.— nections. (4) it is important for business entities (A) IN GENERAL.—The term ‘‘security TITLE I—ENHANCING PUNISHMENT FOR that own, use, or license personally identifi- breach’’ means compromise of the security, IDENTITY THEFT AND OTHER VIOLA- able information to adopt reasonable proce- confidentiality, or integrity of, or the loss TIONS OF DATA PRIVACY AND SECURITY dures to ensure the security, privacy, and of, computerized data that result in, or that SEC. 101. ORGANIZED CRIMINAL ACTIVITY IN confidentiality of that personally identifi- there is a reasonable basis to conclude has CONNECTION WITH UNAUTHORIZED able information; resulted in— ACCESS TO PERSONALLY IDENTIFI- (5) individuals whose personal information (i) the unauthorized acquisition of sen- ABLE INFORMATION. has been compromised or who have been vic- sitive personally identifiable information; Section 1961(1) of title 18, United States tims of identity theft should receive the nec- and Code, is amended by inserting ‘‘section 1030 essary information and assistance to miti- (ii) access to sensitive personally identifi- (relating to fraud and related activity in gate their damages and to restore the integ- able information that is for an unauthorized connection with computers) if the act is a rity of their personal information and identi- purpose, or in excess of authorization. felony,’’ before ‘‘section 1084’’. ties; (B) EXCLUSION.—The term ‘‘security SEC. 102. CONCEALMENT OF SECURITY (6) data misuse and use of inaccurate data breach’’ does not include— BREACHES INVOLVING SENSITIVE have the potential to cause serious or irrep- (i) a good faith acquisition of sensitive per- PERSONALLY IDENTIFIABLE INFOR- arable harm to an individual’s livelihood, sonally identifiable information by a busi- MATION. privacy, and liberty and undermine efficient ness entity or agency, or an employee or (a) IN GENERAL.—Chapter 47 of title 18, and effective business and government oper- agent of a business entity or agency, if the United States Code, is amended by adding at ations; sensitive personally identifiable information the end the following: (7) government access to commercial data is not subject to further unauthorized disclo- ‘‘§ 1041. Concealment of security breaches in- can potentially improve safety, law enforce- sure; volving sensitive personally identifiable in- ment, and national security; and (ii) the release of a public record not other- formation (8) because government use of commercial wise subject to confidentiality or nondisclo- ‘‘(a) IN GENERAL.—Whoever, having knowl- data containing personal information poten- sure requirements or the release of informa- edge of a security breach and of the fact that tially affects individual privacy, and law en- tion obtained from a public record, including notice of such security breach is required forcement and national security operations, information obtained from a news report or under title II of the Personal Data Privacy there is a need for Congress to exercise over- periodical; or and Security Act of 2014, intentionally and sight over government use of commercial (iii) any lawfully authorized investigative, willfully conceals the fact of such security data. protective, or intelligence activity of a law breach, shall, in the event that such security SEC. 3. DEFINITIONS. enforcement or intelligence agency of the breach results in economic harm to any indi- In this Act, the following definitions shall United States, a State, or a political subdivi- vidual in the amount of $1,000 or more, be apply: sion of a State. fined under this tile or imprisoned for not (1) AFFILIATE.—The term ‘‘affiliate’’ means (11) SENSITIVE PERSONALLY IDENTIFIABLE IN- more than 5 years, or both. persons related by common ownership or by FORMATION.—The term ‘‘sensitive personally ‘‘(b) PERSON DEFINED.—For purposes of corporate control. identifiable information’’ means any infor- subsection (a), the term ‘person’ has the

VerDate Mar 15 2010 03:09 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A08JA6.013 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE S136 CONGRESSIONAL RECORD — SENATE January 8, 2014 meaning given the term in section ‘‘(vi) damage affecting 10 or more pro- traceable to such property, as a result of the 1030(e)(12). tected computers during any 1-year period; commission of any violation of this section, ‘‘(c) NOTICE REQUIREMENT.—Any person ‘‘(B) a fine under this title, imprisonment or a conspiracy to violate this section. seeking an exemption under section 212(b) of for not more than 10 years, or both, in the ‘‘(2) Seizures and forfeitures under this the Personal Data Privacy and Security Act case of an offense under subsection (a)(5)(B), subsection shall be governed by the provi- of 2014 shall be immune from prosecution if the offense caused a harm provided in sions in chapter 46 relating to civil forfeit- under this section if the Federal Trade Com- clause (i) through (vi) of subparagraph (A) of ures, except that such duties as are imposed mission does not indicate, in writing, that this subsection; on the Secretary of the Treasury under the such notice be given under section 212(b)(3) ‘‘(C) if the offender attempts to cause or customs laws described in section 981(d) shall of such Act.’’. knowingly or recklessly causes death from be performed by such officers, agents and (b) CONFORMING AND TECHNICAL AMEND- conduct in violation of subsection (a)(5)(A), a other persons as may be designated for that MENTS.—The table of sections for chapter 47 fine under this title, imprisonment for any purpose by the Secretary of Homeland Secu- of title 18, United States Code, is amended by term of years or for life, or both; or rity or the Attorney General.’’. adding at the end the following: ‘‘(D) a fine under this title, imprisonment SEC. 107. LIMITATION ON CIVIL ACTIONS INVOLV- ‘‘1041. Concealment of security breaches in- for not more than 1 year, or both, for any ING UNAUTHORIZED USE. volving sensitive personally other offense under subsection (a)(5); Section 1030(g) of title 18, United States identifiable information.’’. ‘‘(6) a fine under this title or imprisonment Code, is amended— (c) ENFORCEMENT AUTHORITY.— for not more than 10 years, or both, in the (1) by inserting ‘‘(1)’’ before ‘‘Any person’’; (1) IN GENERAL.—The United States Secret case of an offense under subsection (a)(6) of and Service and Federal Bureau of Investigation this section; or (2) by adding at the end the following: shall have the authority to investigate of- ‘‘(7) a fine under this title or imprisonment ‘‘(2) No action may be brought under this fenses under section 1041 of title 18, United for not more than 10 years, or both, in the subsection if a violation of a contractual ob- States Code, as added by subsection (a). case of an offense under subsection (a)(7) of ligation or agreement, such as an acceptable (2) NONEXCLUSIVITY.—The authority grant- this section.’’. use policy or terms of service agreement, ed in paragraph (1) shall not be exclusive of SEC. 104. TRAFFICKING IN PASSWORDS. constitutes the sole basis for determining any existing authority held by any other Section 1030(a) of title 18, United States that access to the protected computer is un- Federal agency. Code, is amended by striking paragraph (6) authorized, or in excess of authorization.’’. SEC. 103. PENALTIES FOR FRAUD AND RELATED and inserting the following: SEC. 108. REPORTING OF CERTAIN CRIMINAL ACTIVITY IN CONNECTION WITH ‘‘(6) knowingly and with intent to defraud CASES. COMPUTERS. traffics (as defined in section 1029) in— Section 1030 of title 18, United States Code, Section 1030(c) of title 18, United States ‘‘(A) any password or similar information is amended by adding at the end the fol- Code, is amended to read as follows: through which a protected computer as de- lowing: ‘‘(c) The punishment for an offense under fined in subparagraphs (A) and (B) of sub- ‘‘(k) REPORTING CERTAIN CRIMINAL CASES.— subsection (a) or (b) of this section is— section (e)(2) may be accessed without au- Not later than 1 year after the date of the ‘‘(1) a fine under this title or imprisonment thorization; or enactment of this Act, and annually there- for not more than 20 years, or both, in the ‘‘(B) any means of access through which a after, the Attorney General shall report to case of an offense under subsection (a)(1) of protected computer as defined in subsection the Committee on the Judiciary of the Sen- this section; (e)(2)(A) may be accessed without authoriza- ate and the Committee on the Judiciary of ‘‘(2)(A) except as provided in subparagraph tion.’’. the House of Representatives the number of criminal cases brought under subsection (a) (B), a fine under this title or imprisonment SEC. 105. CONSPIRACY AND ATTEMPTED COM- for not more than 3 years, or both, in the PUTER FRAUD OFFENSES. that involve conduct in which — case of an offense under subsection (a)(2); or Section 1030(b) of title 18, United States ‘‘(1) the defendant— ‘‘(B) a fine under this title or imprison- Code, is amended by inserting ‘‘for the com- ‘‘(A) exceeded authorized access to a non- ment for not more than ten years, or both, in pleted offense’’ after ‘‘punished as provided’’. governmental computer; or the case of an offense under paragraph (a)(2) ‘‘(B) accessed a non-governmental com- SEC. 106. CRIMINAL AND CIVIL FORFEITURE FOR puter without authorization; and of this section, if— FRAUD AND RELATED ACTIVITY IN ‘‘(i) the offense was committed for pur- CONNECTION WITH COMPUTERS. ‘‘(2) the sole basis for the Government de- poses of commercial advantage or private fi- Section 1030 of title 18, United States Code, termining that access to the non-govern- nancial gain; is amended by striking subsections (i) and (j) mental computer was unauthorized, or in ex- ‘‘(ii) the offense was committed in the fur- and inserting the following: cess of authorization was that the defendant violated a contractual obligation or agree- therance of any criminal or tortious act in ‘‘(i) CRIMINAL FORFEITURE.— violation of the Constitution or laws of the ‘‘(1) The court, in imposing sentence on ment with a service provider or employer, United States, or of any State; or any person convicted of a violation of this such as an acceptable use policy or terms of ‘‘(iii) the value of the information ob- section, or convicted of conspiracy to violate service agreement.’’. tained, or that would have been obtained if this section, shall order, in addition to any SEC. 109. DAMAGE TO CRITICAL INFRASTRUC- the offense was completed, exceeds $5,000; other sentence imposed and irrespective of TURE COMPUTERS. ‘‘(3) a fine under this title or imprisonment any provision of State law, that such person (a) IN GENERAL.—Chapter 47 of title 18, for not more than 1 year, or both, in the case forfeit to the United States— United States Code, is amended by inserting of an offense under subsection (a)(3) of this ‘‘(A) such person’s interest in any prop- after section 1030 the following: section; erty, real or personal, that was used, or in- ‘‘§ 1030A. Aggravated damage to a critical in- ‘‘(4) a fine under this title or imprisonment tended to be used, to commit or facilitate frastructure computer of not more than 20 years, or both, in the the commission of such violation; and ‘‘(a) DEFINITIONS.—In this section— case of an offense under subsection (a)(4) of ‘‘(B) any property, real or personal, consti- ‘‘(1) the terms ‘computer’ and ‘damage’ this section; tuting or derived from any gross proceeds, or have the meanings given such terms in sec- ‘‘(5)(A) except as provided in subparagraph any property traceable to such property, tion 1030; and (D), a fine under this title, imprisonment for that such person obtained, directly or indi- ‘‘(2) the term ‘critical infrastructure com- not more than 20 years, or both, in the case rectly, as a result of such violation. puter’ means a computer that manages or of an offense under subsection (a)(5)(A) of ‘‘(2) The criminal forfeiture of property controls systems or assets vital to national this section, if the offense caused— under this subsection, including any seizure defense, national security, national eco- ‘‘(i) loss to 1 or more persons during any 1- and disposition of the property, and any re- nomic security, public health or safety, or year period (and, for purposes of an inves- lated judicial or administrative proceeding, any combination of those matters, whether tigation, prosecution, or other proceeding shall be governed by the provisions of sec- publicly or privately owned or operated, in- brought by the United States only, loss re- tion 413 of the Comprehensive Drug Abuse cluding— sulting from a related course of conduct af- Prevention and Control Act of 1970 (21 U.S.C. ‘‘(A) gas and oil production, storage, and fecting 1 or more other protected computers) 853), except subsection (d) of that section. delivery systems; aggregating at least $5,000 in value; ‘‘(j) CIVIL FORFEITURE.— ‘‘(B) water supply systems; ‘‘(ii) the modification or impairment, or ‘‘(1) The following shall be subject to for- ‘‘(C) telecommunication networks; potential modification or impairment, of the feiture to the United States and no property ‘‘(D) electrical power delivery systems; medical examination, diagnosis, treatment, right, real or personal, shall exist in them: ‘‘(E) finance and banking systems; or care of 1 or more individuals; ‘‘(A) Any property, real or personal, that ‘‘(F) emergency services; ‘‘(iii) physical injury to any person; was used, or intended to be used, to commit ‘‘(G) transportation systems and services; ‘‘(iv) a threat to public health or safety; or facilitate the commission of any violation and ‘‘(v) damage affecting a computer used by, of this section, or a conspiracy to violate ‘‘(H) government operations that provide or on behalf of, an entity of the United this section. essential services to the public States Government in furtherance of the ad- ‘‘(B) Any property, real or personal, consti- ‘‘(b) OFFENSE.—It shall be unlawful to, dur- ministration of justice, national defense, or tuting or derived from any gross proceeds ob- ing and in relation to a felony violation of national security; or tained directly or indirectly, or any property section 1030, intentionally cause or attempt

VerDate Mar 15 2010 03:09 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A08JA6.013 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE January 8, 2014 CONGRESSIONAL RECORD — SENATE S137 to cause damage to a critical infrastructure section 202 for protecting sensitive person- appropriate to the size and complexity of the computer, and such damage results in (or, in ally identifiable information. business entity and the nature and scope of the case of an attempt, would, if completed (c) LIMITATIONS.—Notwithstanding any its activities. have resulted in) the substantial impair- other obligation under this subtitle, this (2) DESIGN.—The personal data privacy and ment— subtitle does not apply to the following: security program shall be designed to— ‘‘(1) of the operation of the critical infra- (1) FINANCIAL INSTITUTIONS.—Financial in- (A) ensure the privacy, security, and con- structure computer; or stitutions— fidentiality of sensitive personally identi- ‘‘(2) of the critical infrastructure associ- (A) subject to the data security require- fying information; ated with the computer. ments and standards under section 501(b) of (B) protect against any anticipated ‘‘(c) PENALTY.—Any person who violates the Gramm-Leach-Bliley Act (15 U.S.C. vulnerabilities to the privacy, security, or subsection (b) shall be fined under this title, 6801(b)); and integrity of sensitive personally identifying imprisoned for not less than 3 years nor (B) subject to the jurisdiction of an agency information; and more than 20 years, or both. or authority described in section 505(a) of the (C) protect against unauthorized access to ‘‘(d) CONSECUTIVE SENTENCE.—Notwith- Gramm-Leach-Bliley Act (15 U.S.C. 6805(a)). use of sensitive personally identifying infor- standing any other provision of law— (2) HIPAA REGULATED ENTITIES.— mation that could create a significant risk of ‘‘(1) a court shall not place on probation (A) COVERED ENTITIES.—Covered entities harm or fraud to any individual. any person convicted of a violation of this subject to the Health Insurance Portability (3) RISK ASSESSMENT.—A business entity section; and Accountability Act of 1996 (42 U.S.C. 1301 shall— ‘‘(2) except as provided in paragraph (4), no et seq.), including the data security require- (A) identify reasonably foreseeable inter- term of imprisonment imposed on a person ments and implementing regulations of that nal and external vulnerabilities that could under this section shall run concurrently Act. result in unauthorized access, disclosure, with any other term of imprisonment, in- (B) BUSINESS ENTITIES.—A Business entity use, or alteration of sensitive personally cluding any term of imprisonment imposed shall be deemed in compliance with this Act identifiable information or systems con- on the person under any other provision of if the business entity— taining sensitive personally identifiable in- law, including any term of imprisonment im- (i) is acting as a business associate, as that formation; posed for the felony violation section 1030; term is defined under the Health Insurance (B) assess the likelihood of and potential ‘‘(3) in determining any term of imprison- Portability and Accountability Act of 1996 damage from unauthorized access, disclo- ment to be imposed for a felony violation of (42 U.S.C. 1301 et seq.) and is in compliance sure, use, or alteration of sensitive person- section 1030, a court shall not in any way re- with the requirements imposed under that ally identifiable information; duce the term to be imposed for such crime Act and implementing regulations promul- (C) assess the sufficiency of its policies, so as to compensate for, or otherwise take gated under that Act; and technologies, and safeguards in place to con- into account, any separate term of imprison- (ii) is subject to, and currently in compli- trol and minimize risks from unauthorized ment imposed or to be imposed for a viola- ance, with the privacy and data security re- access, disclosure, use, or alteration of sen- tion of this section; and quirements under sections 13401 and 13404 of sitive personally identifiable information; ‘‘(4) a term of imprisonment imposed on a division A of the American Reinvestment and person for a violation of this section may, in and Recovery Act of 2009 (42 U.S.C. 17931 and (D) assess the vulnerability of sensitive the discretion of the court, run concurrently, 17934) and implementing regulations promul- personally identifiable information during in whole or in part, only with another term gated under such sections. destruction and disposal of such information, of imprisonment that is imposed by the (3) SERVICE PROVIDERS.—A service provider including through the disposal or retirement court at the same time on that person for an for any electronic communication by a of hardware. additional violation of this section, provided third-party, to the extent that the service (4) RISK MANAGEMENT AND CONTROL.—Each that such discretion shall be exercised in ac- provider is exclusively engaged in the trans- business entity shall— cordance with any applicable guidelines and mission, routing, or temporary, inter- (A) design its personal data privacy and se- policy statements issued by the United mediate, or transient storage of that com- curity program to control the risks identi- States Sentencing Commission pursuant to munication. fied under paragraph (3); section 994 of title 28.’’. (4) PUBLIC RECORDS.—Public records not (B) adopt measures commensurate with the (b) TECHNICAL AND CONFORMING AMEND- otherwise subject to a confidentiality or sensitivity of the data as well as the size, MENT.—The table of sections for chapter 47 of nondisclosure requirement, or information complexity, and scope of the activities of the title 18, United States Code, is amended by obtained from a public record, including in- business entity that— inserting after the item relating to section formation obtained from a news report or pe- (i) control access to systems and facilities 1030 the following: riodical. containing sensitive personally identifiable information, including controls to authen- ‘‘1030A. Aggravated damage to a critical in- (d) SAFE HARBORS.— ticate and permit access only to authorized frastructure computer.’’. (1) IN GENERAL.—A business entity shall be individuals; SEC. 110. LIMITATION ON ACTIONS INVOLVING deemed in compliance with the privacy and security program requirements under section (ii) detect, record, and preserve informa- UNAUTHORIZED USE. tion relevant to actual and attempted fraud- Section 1030(e)(6) of title 18, United States 202 if the business entity complies with or provides protection equal to industry stand- ulent, unlawful, or unauthorized access, dis- Code, is amended by striking ‘‘alter;’’ and in- closure, use, or alteration of sensitive per- serting ‘‘alter, but does not include access in ards or standards widely accepted as an ef- fective industry practice, as identified by the sonally identifiable information, including violation of a contractual obligation or by employees and other individuals other- agreement, such as an acceptable use policy Federal Trade Commission, that are applica- ble to the type of sensitive personally identi- wise authorized to have access; or terms of service agreement, with an Inter- (iii) protect sensitive personally identifi- net service provider, Internet website, or fiable information involved in the ordinary course of business of such business entity. able information during use, transmission, non-government employer, if such violation storage, and disposal by encryption, redac- (2) LIMITATION.—Nothing in this subsection constitutes the sole basis for determining tion, or access controls that are widely ac- that access to a protected computer is unau- shall be construed to permit, and nothing does permit, the Federal Trade Commission cepted as an effective industry practice or thorized;’’. industry standard, or other reasonable TITLE II—PRIVACY AND SECURITY OF to issue regulations requiring, or according greater legal status to, the implementation means (including as directed for disposal of PERSONALLY IDENTIFIABLE INFORMA- records under section 628 of the Fair Credit TION of or application of a specific technology or technological specifications for meeting the Reporting Act (15 U.S.C. 1681w) and the im- Subtitle A—A Data Privacy and Security requirements of this title. plementing regulations of such Act as set Program forth in section 682 of title 16, Code of Fed- SEC. 202. REQUIREMENTS FOR A PERSONAL SEC. 201. PURPOSE AND APPLICABILITY OF DATA DATA PRIVACY AND SECURITY PRO- eral Regulations); PRIVACY AND SECURITY PROGRAM. GRAM. (iv) ensure that sensitive personally identi- (a) PURPOSE.—The purpose of this subtitle (a) PERSONAL DATA PRIVACY AND SECURITY fiable information is properly destroyed and is to ensure standards for developing and im- PROGRAM.—A business entity subject to this disposed of, including during the destruction plementing administrative, technical, and subtitle shall comply with the following of computers, diskettes, and other electronic physical safeguards to protect the security safeguards and any other administrative, media that contain sensitive personally of sensitive personally identifiable informa- technical, or physical safeguards identified identifiable information; tion. by the Federal Trade Commission in a rule- (v) trace access to records containing sen- (b) APPLICABILITY.—A business entity en- making process pursuant to section 553 of sitive personally identifiable information so gaging in interstate commerce that involves title 5, United States Code, for the protec- that the business entity can determine who collecting, accessing, transmitting, using, tion of sensitive personally identifiable in- accessed or acquired such sensitive person- storing, or disposing of sensitive personally formation: ally identifiable information pertaining to identifiable information in electronic or dig- (1) SCOPE.—A business entity shall imple- specific individuals; and ital form on 10,000 or more United States ment a comprehensive personal data privacy (vi) ensure that no third party or customer persons is subject to the requirements for a and security program that includes adminis- of the business entity is authorized to access data privacy and security program under trative, technical, and physical safeguards or acquire sensitive personally identifiable

VerDate Mar 15 2010 03:09 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A08JA6.013 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE S138 CONGRESSIONAL RECORD — SENATE January 8, 2014 information without the business entity first shall be subject to civil penalties of not more tion of a provision of this subtitle was willful performing sufficient due diligence to ascer- than $5,000 per violation per day while such or intentional, and if so, the amount of the tain, with reasonable certainty, that such in- a violation exists, with a maximum of additional penalty to be imposed, if any, formation is being sought for a valid legal $500,000 per violation. shall be made by the court sitting as the purpose; and (2) INTENTIONAL OR WILLFUL VIOLATION.—A finder of fact. (C) establish a plan and procedures for business entity that intentionally or will- (C) ADDITIONAL PENALTY LIMIT.—If a court minimizing the amount of sensitive person- fully violates the provisions of sections 201 determines under subparagraph (B) that a ally identifiable information maintained by or 202 shall be subject to additional penalties violation of a provision of this subtitle was such business entity, which shall provide for in the amount of $5,000 per violation per day willful or intentional and imposes an addi- the retention of sensitive personally identifi- while such a violation exists, with a max- tional penalty, the court may not impose an able information only as reasonably needed imum of an additional $500,000 per violation. additional penalty in an amount that ex- for the business purposes of such business en- (3) PENALTY LIMITS.— ceeds $500,000. tity or as necessary to comply with any legal (A) IN GENERAL.—Notwithstanding any (3) NOTICE.— obligation. other provision of law, the total sum of civil (A) IN GENERAL.—Before filing an action (b) TRAINING.—Each business entity sub- penalties assessed against a business entity under this subsection, the attorney general ject to this subtitle shall take steps to en- for all violations of the provisions of this of the State involved shall provide to the sure employee training and supervision for subtitle resulting from the same or related Federal Trade Commission— implementation of the data security pro- acts or omissions shall not exceed $500,000, (i) a written notice of that action; and gram of the business entity. unless such conduct is found to be willful or (ii) a copy of the complaint for that action. (c) VULNERABILITY TESTING.— intentional. (B) EXCEPTION.—Subparagraph (A) shall (1) IN GENERAL.—Each business entity sub- (B) DETERMINATIONS.—The determination not apply with respect to the filing of an ac- ject to this subtitle shall take steps to en- of whether a violation of a provision of this tion by an attorney general of a State under sure regular testing of key controls, sys- subtitle has occurred, and if so, the amount this subsection, if the attorney general of a tems, and procedures of the personal data of the penalty to be imposed, if any, shall be State determines that it is not feasible to privacy and security program to detect, pre- made by the court sitting as the finder of provide the notice described in this subpara- vent, and respond to attacks or intrusions, fact. The determination of whether a viola- graph before the filing of the action. or other system failures. tion of a provision of this subtitle was willful (C) NOTIFICATION WHEN PRACTICABLE.—In an (2) FREQUENCY.—The frequency and nature or intentional, and if so, the amount of the action described under subparagraph (B), the of the tests required under paragraph (1) additional penalty to be imposed, if any, attorney general of a State shall provide the shall be determined by the risk assessment shall be made by the court sitting as the written notice and the copy of the complaint of the business entity under subsection finder of fact. to the Federal Trade Commission as soon (a)(3). (C) ADDITIONAL PENALTY LIMIT.—If a court after the filing of the complaint as prac- determines under subparagraph (B) that a ticable. (d) RELATIONSHIP TO CERTAIN PROVIDERS OF violation of a provision of this subtitle was (4) FEDERAL TRADE COMMISSION AUTHOR- SERVICES.—In the event a business entity subject to this subtitle engages a person or willful or intentional and imposes an addi- ITY.—Upon receiving notice under paragraph (2), the Federal Trade Commission shall have entity not subject to this subtitle (other tional penalty, the court may not impose an additional penalty in an amount that ex- the right to— than a service provider) to receive sensitive ceeds $500,000. (A) move to stay the action, pending the personally identifiable information in per- (4) EQUITABLE RELIEF.—A business entity final disposition of a pending Federal pro- forming services or functions (other than the engaged in interstate commerce that vio- ceeding or action as described in paragraph services or functions provided by a service lates this section may be enjoined from fur- (4); provider) on behalf of and under the instruc- ther violations by a United States district (B) intervene in an action brought under tion of such business entity, such business court. paragraph (1); and entity shall— (5) OTHER RIGHTS AND REMEDIES.—The (C) file petitions for appeal. (1) exercise appropriate due diligence in se- rights and remedies available under this sec- (5) PENDING PROCEEDINGS.—If the Federal lecting the person or entity for responsibil- tion are cumulative and shall not affect any Trade Commission initiates a Federal civil ities related to sensitive personally identifi- other rights and remedies available under action for a violation of this subtitle, or any able information, and take reasonable steps law. regulations thereunder, no attorney general to select and retain a person or entity that (b) FEDERAL TRADE COMMISSION AUTHOR- of a State may bring an action for a viola- is capable of maintaining appropriate safe- ITY.—Any business entity shall have the pro- tion of this subtitle that resulted from the guards for the security, privacy, and integ- visions of this subtitle enforced against it by same or related acts or omissions against a rity of the sensitive personally identifiable the Federal Trade Commission. defendant named in the Federal civil action information at issue; and (c) STATE ENFORCEMENT.— initiated by the Federal Trade Commission. (2) require the person or entity by contract (1) CIVIL ACTIONS.—In any case in which the (6) RULE OF CONSTRUCTION.—For purposes to implement and maintain appropriate attorney general of a State or any State or of bringing any civil action under paragraph measures designed to meet the objectives local law enforcement agency authorized by (1) nothing in this subtitle shall be construed and requirements governing entities subject the State attorney general or by State stat- to prevent an attorney general of a State to section 201, this section, and subtitle B. ute to prosecute violations of consumer pro- from exercising the powers conferred on the (e) PERIODIC ASSESSMENT AND PERSONAL tection law, has reason to believe that an in- attorney general by the laws of that State DATA PRIVACY AND SECURITY MODERNIZA- terest of the residents of that State has been to— TION.—Each business entity subject to this or is threatened or adversely affected by the (A) conduct investigations; subtitle shall on a regular basis monitor, acts or practices of a business entity that (B) administer oaths and affirmations; or evaluate, and adjust, as appropriate its data violate this subtitle, the State may bring a (C) compel the attendance of witnesses or privacy and security program in light of any civil action on behalf of the residents of that the production of documentary and other relevant changes in— State in a district court of the United States evidence. (1) technology; of appropriate jurisdiction to— (7) VENUE; SERVICE OF PROCESS.— (2) the sensitivity of personally identifi- (A) enjoin that act or practice; (A) VENUE.—Any action brought under this able information; (B) enforce compliance with this subtitle; subsection may be brought in the district (3) internal or external threats to person- or court of the United States that meets appli- ally identifiable information; and (C) obtain civil penalties of not more than cable requirements relating to venue under (4) the changing business arrangements of $5,000 per violation per day while such viola- section 1391 of title 28, United States Code. the business entity, such as— tions persist, up to a maximum of $500,000 (B) SERVICE OF PROCESS.—In an action (A) mergers and acquisitions; per violation. brought under this subsection, process may (B) alliances and joint ventures; (2) PENALTY LIMITS.— be served in any district in which the defend- (C) outsourcing arrangements; (A) IN GENERAL.—Notwithstanding any ant— (D) bankruptcy; and other provision of law, the total sum of civil (i) is an inhabitant; or (E) changes to sensitive personally identi- penalties assessed against a business entity (ii) may be found. fiable information systems. for all violations of the provisions of this (d) NO PRIVATE CAUSE OF ACTION.—Nothing (f) IMPLEMENTATION TIMELINE.—Not later subtitle resulting from the same or related in this subtitle establishes a private cause of than 1 year after the date of enactment of acts or omissions shall not exceed $500,000, action against a business entity for violation this Act, a business entity subject to the pro- unless such conduct is found to be willful or of any provision of this subtitle. visions of this subtitle shall implement a intentional. SEC. 204. RELATION TO OTHER LAWS. data privacy and security program pursuant (B) DETERMINATIONS.—The determination (a) IN GENERAL.—No State may require any to this subtitle. of whether a violation of a provision of this business entity subject to this subtitle to SEC. 203. ENFORCEMENT. subtitle has occurred, and if so, the amount comply with any requirements with respect (a) CIVIL PENALTIES.— of the penalty to be imposed, if any, shall be to administrative, technical, and physical (1) IN GENERAL.—Any business entity that made by the court sitting as the finder of safeguards for the protection of personal in- violates the provisions of sections 201 or 202 fact. The determination of whether a viola- formation.

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(b) LIMITATIONS.—Nothing in this subtitle the Federal Trade Commission determines in nomic and Clinical Health (HITECH) Act, (42 shall be construed to modify, limit, or super- writing that additional time is reasonably U.S.C. 17932) and implementing regulations sede the operation of the Gramm-Leach-Bli- necessary to determine the scope of the secu- promulgated thereunder; or ley Act (15 U.S.C. 6801 et seq.) or its imple- rity breach, prevent further disclosures, con- (ii) is acting as a vendor of personal health menting regulations, including those adopt- duct the risk assessment, restore the reason- records and third party service provider, sub- ed or enforced by States. able integrity of the data system, or to pro- ject to the Health Information Technology Subtitle B—Security Breach Notification vide notice to the designated entity. for Economic and Clinical Health (HITECH) (ii) APPROVAL OF REQUEST.—If the Federal SEC. 211. NOTICE TO INDIVIDUALS. Act (42 U.S.C. 17937), including the data Trade Commission approves the request for breach notification requirements and imple- (a) IN GENERAL.—Except as provided in sec- delay, the agency or business entity may tion 212, any agency, or business entity en- menting regulations of that Act. delay the time period for notification for ad- gaged in interstate commerce, other than a SEC. 212. EXEMPTIONS. ditional periods of up to 30 days. service provider, that uses, accesses, trans- (a) EXEMPTION FOR NATIONAL SECURITY AND (3) BURDEN OF PRODUCTION.—The agency, LAW ENFORCEMENT.— mits, stores, disposes of or collects sensitive business entity, owner, or licensee required personally identifiable information shall, (1) IN GENERAL.—Section 211 shall not to provide notice under this subtitle shall, apply to an agency or business entity if— following the discovery of a security breach upon the request of the Attorney General or (A) the United States Secret Service or the of such information, notify any resident of the Federal Trade Commission provide Federal Bureau of Investigation determines the United States whose sensitive personally records or other evidence of the notifications that notification of the security breach identifiable information has been, or is rea- required under this subtitle, including to the could be expected to reveal sensitive sources sonably believed to have been, accessed, or extent applicable, the reasons for any delay and methods or similarly impede the ability acquired. of notification. of the Government to conduct law enforce- (b) OBLIGATION OF OWNER OR LICENSEE.— (d) DELAY OF NOTIFICATION AUTHORIZED FOR ment investigations; or (1) NOTICE TO OWNER OR LICENSEE.—Any LAW ENFORCEMENT OR NATIONAL SECURITY agency, or business entity engaged in inter- PURPOSES.— (B) the Federal Bureau of Investigation de- state commerce, that uses, accesses, trans- (1) IN GENERAL.—If the United States Se- termines that notification of the security mits, stores, disposes of, or collects sensitive cret Service or the Federal Bureau of Inves- breach could be expected to cause damage to personally identifiable information that the tigation determines that the notification re- the national security. agency or business entity does not own or li- quired under this section would impede a (2) IMMUNITY.—No non-constitutional cause cense shall notify the owner or licensee of criminal investigation, or national security of action shall lie in any court against any the information following the discovery of a activity, such notification shall be delayed Federal agency for acts relating to the ex- security breach involving such information. upon written notice from the United States emption from notification for law enforce- (2) NOTICE BY OWNER, LICENSEE, OR OTHER Secret Service or the Federal Bureau of In- ment or national security purposes under DESIGNATED THIRD PARTY.—Nothing in this vestigation to the agency or business entity this title. subtitle shall prevent or abrogate an agree- that experienced the breach. The notifica- (b) SAFE HARBOR.— ment between an agency or business entity tion from the United States Secret Service (1) IN GENERAL.—An agency or business en- required to give notice under this section or the Federal Bureau of Investigation shall tity shall be exempt from the notice require- and a designated third party, including an specify in writing the period of delay re- ments under section 211, if— owner or licensee of the sensitive personally quested for law enforcement or national se- (A) a risk assessment conducted by the identifiable information subject to the secu- curity purposes. agency or business entity concludes that, rity breach, to provide the notifications re- (2) EXTENDED DELAY OF NOTIFICATION.—If based upon the information available, there quired under subsection (a). the notification required under subsection is no significant risk that a security breach (3) BUSINESS ENTITY RELIEVED FROM GIVING (a) is delayed pursuant to paragraph (1), an has resulted in, or will result in, identity NOTICE.—A business entity obligated to give agency or business entity shall give notice 30 theft, economic loss or harm, or physical notice under subsection (a) shall be relieved days after the day such law enforcement or harm to the individuals whose sensitive per- of such obligation if an owner or licensee of national security delay was invoked unless a sonally identifiable information was subject the sensitive personally identifiable informa- Federal law enforcement or intelligence to the security breach; tion subject to the security breach, or other agency provides written notification that (B) without unreasonable delay, but not designated third party, provides such notifi- further delay is necessary. later than 45 days after the discovery of a se- cation. (3) LAW ENFORCEMENT IMMUNITY.—No non- curity breach, unless extended by the Fed- (4) SERVICE PROVIDERS.—If a service pro- constitutional cause of action shall lie in eral Trade Commission, the agency or busi- vider becomes aware of a security breach of any court against any agency for acts relat- ness entity notifies the Federal Trade Com- data in electronic form containing sensitive ing to the delay of notification for law en- mission, in writing, of— personal information that is owned or pos- forcement or national security purposes (i) the results of the risk assessment; and sessed by another business entity that con- under this subtitle. (ii) its decision to invoke the risk assess- nects to or uses a system or network pro- (e) LIMITATIONS.—Notwithstanding any ment exemption; and vided by the service provider for the purpose other obligation under this subtitle, this (C) the Federal Trade Commission does not of transmitting, routing, or providing inter- subtitle does not apply to the following: indicate, in writing, within 10 business days mediate or transient storage of such data, (1) FINANCIAL INSTITUTIONS.—Financial in- from receipt of the decision, that notice the service provider shall be required to no- stitutions— should be given. tify the business entity who initiated such (A) subject to the data security require- (2) REBUTTABLE PRESUMPTIONS.—For pur- connection, transmission, routing, or storage ments and standards under section 501(b) of poses of paragraph (1)— of the security breach if the business entity the Gramm-Leach-Bliley Act (15 U.S.C. (A) the encryption of sensitive personally can be reasonably identified. Upon receiving 6801(b)); and identifiable information described in para- such notification from a service provider, (B) subject to the jurisdiction of an agency graph (1)(A)(i) shall establish a rebuttable the business entity shall be required to pro- or authority described in section 505(a) of the presumption that no significant risk exists; vide the notification required under sub- Gramm-Leach-Bliley Act (15 U.S.C. 6805(a)). and section (a). (2) HIPAA REGULATED ENTITIES.— (B) the rendering of sensitive personally (c) TIMELINESS OF NOTIFICATION.— (A) COVERED ENTITIES.—Covered entities identifiable information described in para- (1) IN GENERAL.—All notifications required subject to the Health Insurance Portability graph (1)(A)(ii) unusable, unreadable, or in- under this section shall be made without un- and Accountability Act of 1996 (42 U.S.C. 1301 decipherable through data security tech- reasonable delay following the discovery by et seq.), including the data security require- nology or methodology that is generally ac- the agency or business entity of a security ments and implementing regulations of that cepted by experts in the field of information breach. Act. security, such as redaction or access controls (2) REASONABLE DELAY.— (B) BUSINESS ENTITIES.—A Business entity shall establish a rebuttable presumption (A) IN GENERAL.—Reasonable delay under shall be deemed in compliance with this Act that no significant risk exists. this subsection may include any time nec- if the business entity— (3) VIOLATION.—It shall be a violation of essary to determine the scope of the security (i)(I) is acting as a covered entity and as a this section to— breach, prevent further disclosures, conduct business associate, as those terms are de- (A) fail to conduct the risk assessment in the risk assessment described in section fined under the Health Insurance Portability a reasonable manner, or according to stand- 202(a)(3), and restore the reasonable integrity and Accountability Act of 1996 (42 U.S.C. 1301 ards generally accepted by experts in the of the data system and provide notice to law et seq.) and is in compliance with the re- field of information security; or enforcement when required. quirements imposed under that Act and im- (B) submit the results of a risk assessment (B) EXTENSION.— plementing regulations promulgated under that contains fraudulent or deliberately mis- (i) IN GENERAL.—Except as provided in sub- that Act; and leading information. section (d), delay of notification shall not ex- (II) is subject to, and currently in compli- (c) FINANCIAL FRAUD PREVENTION EXEMP- ceed 60 days following the discovery of the ance, with the data breach notification, pri- TION.— security breach, unless the business entity vacy and data security requirements under (1) IN GENERAL.—A business entity will be or agency requests an extension of time and the Health Information Technology for Eco- exempt from the notice requirement under

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section 211 if the business entity utilizes or Credit Reporting Act (15 U.S.C. 1681a(p)) of (b) CIVIL ACTIONS BY THE ATTORNEY GEN- participates in a security program that— the timing and distribution of the notices. ERAL OF THE UNITED STATES.— (A) effectively blocks the use of the sen- Such notice shall be given to the consumer (1) IN GENERAL.—The Attorney General sitive personally identifiable information to credit reporting agencies without unreason- may bring a civil action in the appropriate initiate unauthorized financial transactions able delay and, if it will not delay notice to United States district court against any before they are charged to the account of the the affected individuals, prior to the dis- business entity that engages in conduct con- individual; and tribution of notices to the affected individ- stituting a violation of this subtitle and, (B) provides for notice to affected individ- uals. upon proof of such conduct by a preponder- uals after a security breach that has resulted SEC. 216. NOTICE TO LAW ENFORCEMENT. ance of the evidence, such business entity in fraud or unauthorized transactions. (a) DESIGNATION OF GOVERNMENT ENTITY TO shall be subject to a civil penalty of not (2) LIMITATION.—The exemption in para- RECEIVE NOTICE.— more than $11,000 per day per security graph (1) does not apply if the information (1) IN GENERAL.—Not later than 60 days breach. subject to the security breach includes an in- after the date of enactment of this Act, the (2) PENALTY LIMITATION.—Notwithstanding dividual’s first and last name, or any other Secretary of Homeland Security shall des- any other provision of law, the total amount type of sensitive personally identifiable in- ignate a Federal Government entity to re- of the civil penalty assessed against a busi- formation as defined in section 3, unless that ceive the notices required under section 212 ness entity for conduct involving the same information is only a credit card number or and this section, and any other reports and or related acts or omissions that results in a credit card security code. information about information security inci- violation of this subtitle may not exceed SEC. 213. METHODS OF NOTICE. dents, threats, and vulnerabilities. $1,000,000. An agency or business entity shall be in (2) RESPONSIBILITIES OF THE DESIGNATED EN- (3) DETERMINATIONS.—The determination of whether a violation of a provision of this compliance with section 211 if it provides the TITY.—The designated entity shall— subtitle has occurred, and if so, the amount following: (A) be responsible for promptly providing of the penalty to be imposed, if any, shall be (1) INDIVIDUAL NOTICE.—Notice to individ- the information that it receives to the made by the court sitting as the finder of uals by 1 of the following means: United States Secret Service and the Federal fact. The determination of whether a viola- (A) Written notification to the last known Bureau of Investigation, and to the Federal tion of a provision of this subtitle was willful home mailing address of the individual in Trade Commission for civil law enforcement or intentional, and if so, the amount of the the records of the agency or business entity. purposes; and additional penalty to be imposed, if any, (B) Telephone notice to the individual per- (B) provide the information described in shall be made by the court sitting as the sonally. subparagraph (A) as appropriate to other finder of fact. (C) E-mail notice, if the individual has con- Federal agencies for law enforcement, na- tional security, or data security purposes. (4) ADDITIONAL PENALTY LIMIT.—If a court sented to receive such notice and the notice determines under paragraph (3) that a viola- is consistent with the provisions permitting (b) NOTICE.—Any business entity or agency shall notify the designated entity of the fact tion of a provision of this subtitle was willful electronic transmission of notices under sec- that a security breach has occurred if— or intentional and imposes an additional tion 101 of the Electronic Signatures in Glob- (1) the number of individuals whose sen- penalty, the court may not impose an addi- al and National Commerce Act (15 U.S.C. sitive personally identifying information tional penalty in an amount that exceeds 7001). was, or is reasonably believed to have been $1,000,000. (2) MEDIA NOTICE.—Notice to major media accessed or acquired by an unauthorized per- (c) INJUNCTIVE ACTIONS BY THE ATTORNEY outlets serving a State or jurisdiction, if the son exceeds 5,000; GENERAL.— number of residents of such State whose sen- (2) the security breach involves a database, (1) IN GENERAL.—If it appears that a busi- sitive personally identifiable information networked or integrated databases, or other ness entity has engaged, or is engaged, in was, or is reasonably believed to have been, data system containing the sensitive person- any act or practice constituting a violation accessed or acquired by an unauthorized per- ally identifiable information of more than of this subtitle, the Attorney General may son exceeds 5,000. 500,000 individuals nationwide; petition an appropriate district court of the SEC. 214. CONTENT OF NOTIFICATION. (3) the security breach involves databases United States for an order— (a) IN GENERAL.—Regardless of the method owned by the Federal Government; or (A) enjoining such act or practice; or by which notice is provided to individuals (4) the security breach involves primarily (B) enforcing compliance with this sub- under section 213, such notice shall include, sensitive personally identifiable information title. to the extent possible— of individuals known to the agency or busi- (2) ISSUANCE OF ORDER.—A court may issue (1) a description of the categories of sen- ness entity to be employees and contractors an order under paragraph (1), if the court sitive personally identifiable information of the Federal Government involved in na- finds that the conduct in question con- that was, or is reasonably believed to have tional security or law enforcement. stitutes a violation of this subtitle. been, accessed or acquired by an unauthor- (c) FTC RULEMAKING AND REVIEW OF (d) CIVIL ACTIONS BY THE FEDERAL TRADE ized person; THRESHOLDS.— COMMISSION.— (2) a toll-free number— (1) REPORTS.—Not later 1 year after the (1) IN GENERAL.—Compliance with the re- (A) that the individual may use to contact date of the enactment of this Act, the Fed- quirements imposed under this subtitle may the agency or business entity, or the agent eral Trade Commission, in consultation with be enforced under the Federal Trade Com- of the agency or business entity; and the Attorney General of the United States mission Act (15 U.S.C. 41 et seq.) by the Fed- (B) from which the individual may learn and the Secretary of Homeland Security, eral Trade Commission with respect to busi- what types of sensitive personally identifi- shall promulgate regulations under section ness entities subject to this Act. All of the able information the agency or business enti- 553 of title 5, United States Code, regarding functions and powers of the Federal Trade ty maintained about that individual; and the reports required under subsection (a). Commission under the Federal Trade Com- (3) the toll-free contact telephone numbers (2) THRESHOLDS FOR NOTICE.—The Federal mission Act are available to the Commission and addresses for the major credit reporting Trade Commission, in consultation with the to enforce compliance by any person with agencies. Attorney General and the Secretary of the requirements imposed under this title. (b) ADDITIONAL CONTENT.—Notwithstanding Homeland Security, after notice and the op- (2) PENALTY LIMITATION.— section 219, a State may require that a no- portunity for public comment, and in a man- (A) IN GENERAL.—Notwithstanding any tice under subsection (a) shall also include ner consistent with this section, shall pro- other provision of law, the total sum of civil information regarding victim protection as- mulgate regulations, as necessary, under sec- penalties assessed against a business entity sistance provided for by that State. tion 553 of title 5, United States Code, to ad- for all violations of the provisions of this (c) DIRECT BUSINESS RELATIONSHIP.—Re- just the thresholds for notice to law enforce- subtitle resulting from the same or related gardless of whether a business entity, agen- ment and national security authorities acts or omissions may not exceed $1,000,000, cy, or a designated third party provides the under subsection (a) and to facilitate the unless such conduct is found to be willful or notice required pursuant to section 211(b), purposes of this section. intentional. such notice shall include the name of the (d) TIMING.—The notice required under sub- (B) DETERMINATIONS.—The determination business entity or agency that has a direct section (a) shall be provided as promptly as of whether a violation of a provision of this relationship with the individual being noti- possible, but such notice must be provided subtitle has occurred, and if so, the amount fied. either 72 hours before notice is provided to of the penalty to be imposed, if any, shall be SEC. 215. COORDINATION OF NOTIFICATION an individual pursuant to section 211, or not made by the court sitting as the finder of WITH CREDIT REPORTING AGEN- later than 10 days after the business entity fact. The determination of whether a viola- CIES. or agency discovers the security breach or tion of a provision of this subtitle was willful If an agency or business entity is required discovers that the nature of the security or intentional, and if so, the amount of the to provide notification to more than 5,000 in- breach requires notice to law enforcement additional penalty to be imposed, if any, dividuals under section 211(a), the agency or under this section, whichever occurs first. shall be made by the court sitting as the business entity shall also notify all con- SEC. 217. ENFORCEMENT. finder of fact. sumer reporting agencies that compile and (a) IN GENERAL.—The Attorney General (C) ADDITIONAL PENALTY LIMIT.—If a court maintain files on consumers on a nationwide and the Federal Trade Commission may en- determines under subparagraph (B) that a basis (as defined in section 603(p) of the Fair force civil violations of section 211. violation of a provision of this subtitle was

VerDate Mar 15 2010 03:09 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A08JA6.013 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE January 8, 2014 CONGRESSIONAL RECORD — SENATE S141 willful or intentional and imposes an addi- terest of the residents of that State has been nothing in this subtitle regarding notifica- tional penalty, the court may not impose an or is threatened or adversely affected by the tion shall be construed to prevent an attor- additional penalty in an amount that ex- engagement of a business entity in a practice ney general of a State from exercising the ceeds $1,000,000. that is prohibited under this subtitle, the powers conferred on such attorney general (3) UNFAIR OR DECEPTIVE ACTS OR PRAC- State or the State or local law enforcement by the laws of that State to— TICES.—For the purpose of the exercise by agency on behalf of the residents of the agen- (1) conduct investigations; the Federal Trade Commission of its func- cy’s jurisdiction, may bring a civil action on (2) administer oaths or affirmations; or tions and powers under the Federal Trade behalf of the residents of the State or juris- (3) compel the attendance of witnesses or Commission Act, a violation of any require- diction in a district court of the United the production of documentary and other ment or prohibition imposed under this title States of appropriate jurisdiction to— evidence. shall constitute an unfair or deceptive act or (A) enjoin that practice; (e) VENUE; SERVICE OF PROCESS.— practice in commerce in violation of a regu- (B) enforce compliance with this subtitle; (1) VENUE.—Any action brought under sub- lation under section 18(a)(1)(B) of the Fed- or section (a) may be brought in— eral Trade Commission Act ( 15 U.S.C. (C) civil penalties of not more than $11,000 (A) the district court of the United States 57a(a)(I)(B)) regarding unfair or deceptive per day per security breach up to a max- that meets applicable requirements relating acts or practices and shall be subject to en- imum of $1,000,000 per violation, unless such to venue under section 1391 of title 28, United forcement by the Federal Trade Commission conduct is found to be willful or intentional. States Code; or under that Act with respect to any business (2) PENALTY LIMITATION.— (B) another court of competent jurisdic- entity, irrespective of whether that business (A) IN GENERAL.—Notwithstanding any tion. entity is engaged in commerce or meets any other provision of law, the total sum of civil (2) SERVICE OF PROCESS.—In an action other jurisdictional tests in the Federal penalties assessed against a business entity brought under subsection (a), process may be Trade Commission Act. for all violations of the provisions of this served in any district in which the defend- (e) COORDINATION OF ENFORCEMENT.— subtitle resulting from the same or related ant— (1) IN GENERAL.—Before opening an inves- acts or omissions may not exceed $1,000,000, (A) is an inhabitant; or tigation, the Federal Trade Commission unless such conduct is found to be willful or (B) may be found. shall consult with the Attorney General. intentional. (f) NO PRIVATE CAUSE OF ACTION.—Nothing (2) LIMITATION.—The Federal Trade Com- (B) DETERMINATIONS.—The determination in this subtitle establishes a private cause of mission may initiate investigations under of whether a violation of a provision of this action against a business entity for violation this subsection unless the Attorney General subtitle has occurred, and if so, the amount of any provision of this subtitle. determines that such an investigation would of the penalty to be imposed, if any, shall be SEC. 219. EFFECT ON FEDERAL AND STATE LAW. impede an ongoing criminal investigation or made by the court sitting as the finder of For any entity, or agency that is subject to national security activity. fact. The determination of whether a viola- this subtitle, the provisions of this subtitle (3) COORDINATION AGREEMENT.— tion of a provision of this subtitle was willful shall supersede any other provision of Fed- (A) IN GENERAL.—In order to avoid con- or intentional, and if so, the amount of the eral law, or any provisions of the law of any flicts and promote consistency regarding the additional penalty to be imposed, if any, State, relating to notification of a security enforcement and litigation of matters under shall be made by the court sitting as the breach, except as provided in section 214(b). this Act, not later than 180 days after the en- finder of fact. Nothing in this subtitle shall be construed to actment of this Act, the Attorney General (C) ADDITIONAL PENALTY LIMIT.—If a court modify, limit, or supersede the operation of and the Federal Trade Commission shall determines under subparagraph (B) that a the Gramm-Leach-Bliley Act (15 U.S.C. 6801 enter into an agreement for coordination re- violation of a provision of this subtitle was et seq.) or its implementing regulations, in- garding the enforcement of this Act. willful or intentional and imposes an addi- cluding those regulations adopted or en- (B) REQUIREMENT.—The coordination tional penalty, the court may not impose an forced by States, the Health Insurance Port- agreement entered into under subparagraph additional penalty in an amount that ex- ability and Accountability Act of 1996 (42 (A) shall include provisions to ensure that ceeds $1,000,000. U.S.C. 1301 et seq.) or its implementing regu- parallel investigations and proceedings (3) NOTICE.— lations, or the Health Information Tech- under this section are conducted in a matter (A) IN GENERAL.—Before filing an action nology for Economic and Clinical Health Act that avoids conflicts and does not impede the under paragraph (1), the attorney general of (42 U.S.C. 17937) or its implementing regula- ability of the Attorney General to prosecute the State involved shall provide to the At- tions. violations of Federal criminal laws. torney General of the United States— SEC. 220. REPORTING ON EXEMPTIONS. (4) COORDINATION WITH THE FCC.—If an en- (i) written notice of the action; and (a) FTC REPORT.—Not later than 18 months forcement action under this Act relates to (ii) a copy of the complaint for the action. after the date of enactment of this Act, and customer proprietary network information, (B) EXEMPTION.— upon request by Congress thereafter, the the Federal Trade Commission shall coordi- (i) IN GENERAL.—Subparagraph (A) shall Federal Trade Commission shall submit a re- nate the enforcement action with the Fed- not apply with respect to the filing of an ac- port to Congress on the number and nature eral Communications Commission. tion by an attorney general of a State under of the security breaches described in the no- (f) RULEMAKING.—The Federal Trade Com- this subtitle, if the State attorney general mission may, in consultation with the Attor- determines that it is not feasible to provide tices filed by those business entities invok- ney General, issue such other regulations as the notice described in such subparagraph ing the risk assessment exemption under sec- it determines to be necessary to carry out before the filing of the action. tion 212(b) and their response to such no- tices. this subtitle. All regulations promulgated (ii) NOTIFICATION.—In an action described under this Act shall be issued in accordance in clause (i), the attorney general of a State (b) LAW ENFORCEMENT REPORT.— with section 553 of title 5, United States shall provide notice and a copy of the com- (1) IN GENERAL.—Not later than 18 months Code. Where regulations relate to customer plaint to the Attorney General at the time after the date of enactment of this Act, and proprietary network information, the pro- the State attorney general files the action. upon the request by Congress thereafter, the mulgation of such regulations will be coordi- (b) FEDERAL PROCEEDINGS.—Upon receiving United States Secret Service and Federal nated with the Federal Communications notice under subsection (a)(2), the Attorney Bureau of Investigation shall submit a re- Commission. General shall have the right to— port to Congress on the number and nature (g) OTHER RIGHTS AND REMEDIES.—The (1) move to stay the action, pending the of security breaches subject to the national rights and remedies available under this sub- final disposition of a pending Federal pro- security and law enforcement exemptions title are cumulative and shall not affect any ceeding or action; under section 212(a). other rights and remedies available under (2) initiate an action in the appropriate (2) REQUIREMENT.—The report required law. United States district court under section under paragraph (1) shall not include the (h) FRAUD ALERT.—Section 605A(b)(1) of 217 and move to consolidate all pending ac- contents of any risk assessment provided to the Fair Credit Reporting Act (15 U.S.C. tions, including State actions, in such court; the United States Secret Service and the 1681c–1(b)(1)) is amended by inserting ‘‘, or (3) intervene in an action brought under Federal Bureau of Investigation under this evidence that the consumer has received no- subsection (a)(2); and subtitle. tice that the consumer’s financial informa- (4) file petitions for appeal. SEC. 221. EFFECTIVE DATE. tion has or may have been compromised,’’ (c) PENDING PROCEEDINGS.—If the Attorney This subtitle shall take effect on the expi- after ‘‘identity theft report’’. General or the Federal Trade Commission ration of the date which is 90 days after the SEC. 218. ENFORCEMENT BY STATE ATTORNEYS initiate a criminal proceeding or civil action date of enactment of this Act. GENERAL. for a violation of a provision of this subtitle, TITLE III—COMPLIANCE WITH (a) IN GENERAL.— or any regulations thereunder, no attorney STATUTORY PAY-AS-YOU-GO ACT (1) CIVIL ACTIONS.—In any case in which the general of a State may bring an action for a attorney general of a State or any State or violation of a provision of this subtitle SEC. 301. BUDGET COMPLIANCE. local law enforcement agency authorized by against a defendant named in the Federal The budgetary effects of this Act, for the the State attorney general or by State stat- criminal proceeding or civil action. purpose of complying with the Statutory ute to prosecute violations of consumer pro- (d) CONSTRUCTION.—For purposes of bring- Pay-As-You-Go Act of 2010, shall be deter- tection law, has reason to believe that an in- ing any civil action under subsection (a), mined by reference to the latest statement

VerDate Mar 15 2010 03:09 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A08JA6.013 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE S142 CONGRESSIONAL RECORD — SENATE January 8, 2014 titled ‘‘Budgetary Effects of PAYGO Legisla- to the bill S. 1845, to provide for the ex- Sec. 203. Application and duration of des- tion’’ for this Act, submitted for printing in tension of certain unemployment bene- ignation. the Congressional Record by the Chairman of fits, and for other purposes; which was TITLE III—FEDERAL TAX INCENTIVES the Senate Budget Committee, provided that ordered to lie on the table; as follows: Sec. 301. Tax incentives related to Economic such statement has been submitted prior to Freedom Zones. the vote on passage. At the appropriate place, insert the fol- lowing: TITLE IV—FEDERAL REGULATORY f REDUCTIONS SEC. lll. DISQUALIFICATION ON RECEIPT OF AMENDMENTS SUBMITTED AND DISABILITY INSURANCE BENEFITS Sec. 401. Suspension of certain laws and reg- PROPOSED IN A MONTH FOR WHICH UNEM- ulations. PLOYMENT COMPENSATION IS RE- TITLE V—EDUCATIONAL SA 2613. Mr. PORTMAN (for himself and CEIVED. ENHANCEMENTS Mr. JOHANNS) submitted an amendment in- (a) IN GENERAL.—Section 223(d)(4) of the Sec. 501. Educational opportunity tax credit. tended to be proposed by him to the bill S. Social Security Act (42 U.S.C. 423(d)(4)) is Sec. 502. School choice through portability. 1845, to provide for the extension of certain amended by adding at the end the following: Sec. 503. Special economic freedom zone unemployment benefits, and for other pur- ‘‘(C)(i) If for any month an individual is en- visas. poses; which was ordered to lie on the table. titled to unemployment compensation, such Sec. 504. Economic Freedom Zone edu- SA 2614. Mr. PAUL (for himself and Mr. individual shall be deemed to have engaged cational savings accounts. MCCONNELL) submitted an amendment in- in substantial gainful activity for such TITLE VI—COMMUNITY ASSISTANCE tended to be proposed by him to the bill S. month. AND REBUILDING 1845, supra; which was ordered to lie on the ‘‘(ii) For purposes of clause (i), the term Sec. 601. Nonapplication of Davis-Bacon. table. ‘unemployment compensation’ means— Sec. 602. Economic Freedom Zone charitable SA 2615. Mr. INHOFE (for himself, Mr. ‘‘(I) ‘regular compensation’, ‘extended tax credit. compensation’, and ‘additional compensa- MCCONNELL, Mr. VITTER, Mr. BLUNT, and Mr. TITLE VII—STATE AND COMMUNITY tion’ (as such terms are defined by section CORNYN) submitted an amendment intended POLICY RECOMMENDATIONS to be proposed by him to the bill S. 1845, 205 of the Federal-State Extended Unemploy- Sec. 701. Sense of the Senate concerning pol- supra; which was ordered to lie on the table. ment Compensation Act (26 U.S.C. 3304 icy recommendations. SA 2616. Mr. PORTMAN (for himself and note)); and SEC. 2. DEFINITIONS. Mr. TOOMEY) submitted an amendment in- ‘‘(II) trade adjustment assistance under In this division: tended to be proposed by him to the bill S. title II of the Trade Act of 1974 (19 U.S.C. 2251 (1) CITY.—The term ‘‘city’’ means any unit 1845, supra; which was ordered to lie on the et seq.).’’. of general local government that is classified table. (b) TRIAL WORK PERIOD.—Section 222(c) of as a municipality by the United States Cen- SA 2617. Mr. COATS submitted an amend- the Social Security Act (42 U.S.C. 422(c)) is sus Bureau, or is a town or township as de- ment intended to be proposed by him to the amended by adding at the end the following: termined jointly by the Director of the Of- bill S. 1845, supra; which was ordered to lie ‘‘(6)(A) For purposes of this subsection, an fice of Management and Budget and the Sec- on the table. individual shall be deemed to have rendered retary of the Treasury. SA 2618. Mrs. SHAHEEN (for herself, Mr. services in a month if the individual is enti- (2) COUNTY.—The term ‘‘County’’ means SCHATZ, Ms. HIRONO, Mr. BLUMENTHAL, Mr. tled to unemployment compensation for such any unit of local general government that is WARNER, Mr. UDALL of New Mexico, Mr. month. classified as a county by the United States COONS, Mr. BEGICH, Ms. LANDRIEU, Ms. BALD- ‘‘(B) For purposes of subparagraph (A), the Census Bureau. WIN, Mr. KAINE, Mr. FRANKEN, and Mr. term ‘unemployment compensation’ means— (3) ELIGIBLE ENTITY.—The term ‘‘eligible MERKLEY) submitted an amendment in- ‘‘(i) ‘regular compensation’, ‘extended com- entity’’ means a State, municipality, zip tended to be proposed by her to the bill S. pensation’, and ‘additional compensation’ (as code, or rural area. 1845, supra; which was ordered to lie on the such terms are defined by section 205 of the (4) MUNICIPALITY.—The term ‘‘munici- table. Federal-State Extended Unemployment pality’’ has the meaning given that term in SA 2619. Mr. PORTMAN submitted an Compensation Act (26 U.S.C. 3304 note)); and section 101(40) of title 11, United States Code. amendment intended to be proposed by him ‘‘(ii) trade adjustment assistance under (5) RURAL AREA.—The term ‘‘rural area’’ to the bill S. 1845, supra; which was ordered title II of the Trade Act of 1974 (19 U.S.C. 2251 means any area not in an urbanized area, as to lie on the table. et seq.).’’. that term is defined by the Census Bureau. SA 2620. Mr. TOOMEY submitted an (c) DATA MATCHING.—The Commissioner of (6) SECRETARY.—The term ‘‘Secretary’’ amendment intended to be proposed by him Social Security shall implement the amend- means the Secretary of the Treasury. to the bill S. 1845, supra; which was ordered ments made by this section using appro- (7) ZIP CODE.—The term ‘‘zip code’’ means to lie on the table. priate electronic data. any area or region associated with or cov- SA 2621. Mr. PORTMAN submitted an (d) EFFECTIVE DATE.—The amendments ered by a United States Postal zip code of amendment intended to be proposed by him made by this section shall apply with respect not less than 5 digits. to the bill S. 1845, supra; which was ordered to months after December 2014. to lie on the table. TITLE I—PROHIBITION AGAINST A FED- SA 2622. Mr. THUNE (for himself, Mr. SA 2614. Mr. PAUL (for himself and ERAL GOVERNMENT BAILOUT OF A CHAMBLISS, and Mrs. FISCHER) submitted an Mr. MCCONNELL) submitted an amend- STATE, CITY, OR MUNICIPALITY amendment intended to be proposed by him ment intended to be proposed by him SEC. 101. PROHIBITION OF FEDERAL GOVERN- to the bill S. 1845, supra; which was ordered to the bill S. 1845, to provide for the ex- MENT BAILOUTS. to lie on the table. (a) DEFINITIONS.—In this section— tension of certain unemployment bene- (1) the term ‘‘credit rating’’ has the mean- SA 2623. Mr. McCONNELL (for himself and fits, and for other purposes; which was Mr. HATCH) submitted an amendment in- ing given that term in section 3(a)(60) of the tended to be proposed by him to the bill S. ordered to lie on the table; as follows: Securities Exchange Act of 1934 (15 U.S.C. 1845, supra; which was ordered to lie on the At the appropriate place, insert the fol- 78c(a)(60)); table. lowing: (2) the term ‘‘credit rating agency’’ has the SA 2624. Mr. McCONNELL (for himself and DIVISION B—ECONOMIC FREEDOM ZONES meaning given that term in section 3(a)(61) of the Securities Exchange Act of 1934 (15 Mr. HATCH) submitted an amendment in- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. tended to be proposed by him to the bill S. U.S.C. 78c(a)(61)); (a) SHORT TITLE.—This division may be 1845, supra; which was ordered to lie on the (3) the term ‘‘Federal assistance’’ means cited as the ‘‘Economic Freedom Zones Act table. the use of any advances from the Federal Re- of 2013’’. SA 2625. Mr. McCONNELL (for himself and serve credit facility or discount window that (b) TABLE OF CONTENTS.—The table of con- Mr. HATCH) submitted an amendment in- is not part of a program or facility with tents for this division is as follows: tended to be proposed by him to the bill S. broad-based eligibility under section 13(3)(A) 1845, supra; which was ordered to lie on the Sec. 1. Short title; table of contents. of the Federal Reserve Act (12 U.S.C. table. Sec. 2. Definitions. 343(3)(A)), Federal Deposit Insurance Cor- SA 2626. Mr. SESSIONS submitted an TITLE I—PROHIBITION AGAINST A FED- poration insurance, or guarantees for the amendment intended to be proposed by him ERAL GOVERNMENT BAILOUT OF A purpose of— to the bill S. 1845, supra; which was ordered STATE, CITY, OR MUNICIPALITY (A) making a loan to, or purchasing any in- terest or debt obligation of, a municipality; to lie on the table. Sec. 101. Prohibition of Federal Government (B) purchasing the assets of a munici- Bailouts. f pality; TEXT OF AMENDMENTS TITLE II—DESIGNATION OF ECONOMIC (C) guaranteeing a loan or debt issuance of FREEDOM ZONES (EFZ) a municipality; or SA 2613. Mr. PORTMAN (for himself Sec. 201. Eligibility requirements for Eco- (D) entering into an assistance arrange- and Mr. JOHANNS) submitted an amend- nomic Freedom Zone Status. ment, including a grant program, with an el- ment intended to be proposed by him Sec. 202. Area and regional requirements. igible entity;

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(4) the term ‘‘insolvent’’ means, with re- (III) during the most recent 3-month pe- (b) DURATION.—The designation by the Sec- spect to an eligible entity, a financial condi- riod, at least 30 percent of the area residents retary of an eligible entity as a Economic tion such that the eligible entity— have incomes below the national poverty Freedom Zone shall be for a period of 10 (A) has any debt that has been given a level; or years. credit rating lower than a ‘‘B’’ by a nation- (IV) at least 70 percent of the are residents TITLE III—FEDERAL TAX INCENTIVES ally recognized statistical rating organiza- have incomes below 80 percent of the median tion or a credit rating agency; income of households within the jurisdiction SEC. 301. TAX INCENTIVES RELATED TO ECO- NOMIC FREEDOM ZONES. (B) is not paying its debts as they become of the local government (as determined in (a) IN GENERAL.—Chapter 1 of the Internal due, unless such debts are the subject of a the same manner as under section 119(b)(2) of Revenue Code of 1986 is amended by adding bona fide dispute; or the Housing and Community Development at the end the following new subchapter: (C) is unable to pay its debts as they be- Act of 1974); and come due; and (ii) the Secretary determines that such a ‘‘Subchapter Z—Economic Freedom Zones (5) the term ‘‘nationally recognized statis- designation is appropriate. ‘‘PART I—TAX INCENTIVES tical rating organization’’ has the meaning (4) SPECIAL HIGH POVERTY REQUIREMENT FOR ‘‘PART II—DEFINITIONS given that term in section 3(a)(62) of the Se- DESIGNATION.—An eligible entity shall be ‘‘PART I—TAX INCENTIVES curities Exchange Act of 1934 (15 U.S.C. designated as a low economic or high pov- 78c(a)(62)). erty zone if the Secretary determines that— ‘‘Sec. 1400V–1. Economic Freedom Zone indi- (b) PROHIBITION OF FEDERAL GOVERNMENT (A) the State in which the entity is located vidual flat tax. BAILOUTS.— within one of the 10 most impoverished ‘‘Sec. 1400V–2. Economic Freedom Zone cor- (1) PROHIBITION OF FEDERAL ASSISTANCE.— States, as determined using United States porate flat tax. Notwithstanding any other provision of law, Census Bureau data; ‘‘Sec. 1400V–3. Zero percent capital gains no Federal assistance may be provided to an (B) the entity is one of pervasive poverty, rate. ‘‘Sec. 1400V–4. Reduced payroll taxes. eligible entity (other than the assistance unemployment, and general distress; ‘‘Sec. 1400V–5. Increase in expensing under provided for in this division for an area that (C) the average rate of unemployment section 179. is designated as an Economic Free Zone). within such entity during the most recent 3- (2) PROHIBITION OF FINANCIAL ASSISTANCE TO month period for which data is available is ‘‘SEC. 1400V–1. ECONOMIC FREEDOM ZONE INDI- VIDUAL FLAT TAX. BANKRUPT OR INSOLVENT ELIGIBLE ENTITIES.— at least 1.25 times the national unemploy- ‘‘(a) IN GENERAL.—In the case of any indi- Except as provided in paragraph (1), the Fed- ment rate for the period involved; vidual whose principal residence (within the eral Government may not provide financial (D) during the most recent 3-month period, meaning of section 121) is located in an Eco- assistance— at least 25 percent of the area residents have nomic Freedom Zone for the taxable year, in (A) to a municipality that is a debtor income below the national poverty level; or lieu of the tax imposed by section 1, there under chapter 9 of title 11, United States (E) at least 65 percent of the residents have shall be imposed a tax equal to 5 percent of Code; or incomes below 80 percent of the median in- the taxable income of such taxpayer. For (B) to State or municipality that is insol- come of households within the jurisdiction of purposes of this title, the tax imposed by the vent. the local government (as determined in the preceding sentence shall be treated as a tax TITLE II—DESIGNATION OF ECONOMIC same manner as under section 119(b)(2) of the imposed by section 1. FREEDOM ZONES (EFZ) Housing and Community Development Act of ‘‘(b) JOINT RETURNS.—In the case of a joint SEC. 201. ELIGIBILITY REQUIREMENTS FOR ECO- 1974). return under section 6013, subsection (a) NOMIC FREEDOM ZONE STATUS. (b) REFUSAL TO GRANT STATUS.—The Sec- (a) IN GENERAL.—In order to be eligible for retary may refuse to designate an eligible shall apply so long as either spouse has a designation as an Economic Freedom Zone entity as an Economic Freedom Zone if the principal residence (within the meaning of by the Secretary, an eligible entity shall Secretary determines that any requirement section 121) in an Economic Freedom Zone meet one or more of the following require- under this division, including any require- for the taxable year. ments (in order of priority) and the require- ment under subsection (a)(2)(B), has not been ‘‘(c) ALTERNATIVE MINIMUM TAX NOT TO ments of section 202: satisfied. APPLY.—The tax imposed by section 55 shall (1) ELIGIBLE CHAPTER 9 DEBTOR.—An eligi- SEC. 202. AREA AND REGIONAL REQUIREMENTS. not apply to any taxpayer to whom sub- ble entity that satisfies the requirements (a) IN GENERAL.—To be designated as an section (a) applies. under section 109(c) of title 11, United States Economic Freedom Zone by the Secretary, ‘‘SEC. 1400V–2. ECONOMIC FREEDOM ZONE COR- Code. an eligible entity shall— PORATE FLAT TAX. (2) ELIGIBLE ENTITY AT RISK OF INSOL- (1) meet one or more of the requirements ‘‘(a) IN GENERAL.—In the case of any cor- VENCY.— under section 201; and poration located in an Economic Freedom (A) IN GENERAL.—An eligible entity that is (2) be an entity described in subsection (b). Zone for the taxable year, in lieu of the tax at risk of insolvency, as described in sub- (b) ENTITY DESCRIBED.—An entity is de- imposed by section 11, there shall be imposed paragraph (B). scribed in this subsection if such entity— a tax equal to 5 percent of the taxable in- (B) REQUIREMENTS.—An eligible entity is at (1) is a metropolitan statistical area (as de- come of such corporation. For purposes of risk of insolvency if— fined by the Director of the Office of Man- this title, the tax imposed by the preceding (i) an independent actuarial firm that has agement and Budget) that— sentence shall be treated as a tax imposed by been engaged by the eligible entity and that (A) is located within the jurisdiction of a section 11. does not have a conflict of interest with the local government; and ‘‘(b) LIMITATION.—Subsection (a) shall not eligible entity, including any previous rela- (B) has a continuous boundary; apply to any corporation for any taxable tionship with the eligible entity, as deter- (2) is a non-metropolitan statistical area year if the adjusted gross income of such cor- mined by the Secretary— (as defined by the Director of the Office of poration for such taxable year exceeds (I) determines that the eligible entity is Management and Budget) if (based on the $500,000,000. insolvent (as defined in section 101(a)(4)); and following order of priority) such area— ‘‘(c) LOCATED.—For purposes of this sec- (II) submits its analysis regarding the in- (A) is an official county geographical area tion, a corporation shall be considered to be solvency of the eligible entity to the Sec- in any State that meets any of the eligibility located in an Economic Freedom Zone if— retary; and requirements of section 201; ‘‘(1) not less than 10 percent of the total (ii) the Secretary has reviewed and ap- (B) is an official city geographical area in gross income of such corporation is derived proved the determination of insolvency by any State that meets any of the eligibility from the active conduct of a trade or busi- the actuarial firm. requirements of section 201; or ness within an Economic Freedom Zone, or (3) LOW ECONOMIC AND HIGH POVERTY (C) is an official zip code geographical area ‘‘(2) at least 25 percent of the employees of ZONES.— in any State that meets any of the eligibility such corporation are residents of an Eco- (A) IN GENERAL.—An eligible entity that is requirements of section 201; or nomic Freedom Zone. designated as a low economic or high pov- (3) is a zip code area that— ‘‘(d) ALTERNATIVE MINIMUM TAX NOT TO erty zone under subparagraph (B). (A) is within a metropolitan statistical APPLY.—The tax imposed by section 55 shall (B) DESIGNATION.—The Secretary, after re- area; and not apply to any taxpayer to whom sub- viewing supporting data as deemed appro- (B) meets other eligibility criteria as de- section (a) applies. priate, shall designate an eligible entity as a termined by the Secretary after consultation ‘‘SEC. 1400V–3. ZERO PERCENT CAPITAL GAINS low economic or high poverty area if— with the United States Census Bureau, the RATE. (i) the State or local government with ju- Bureau of Labor Statistics, and the Office of ‘‘(a) EXCLUSION.—Gross income shall not risdiction over the entity certifies that— Management and Budget. include qualified capital gain from the sale (I) the entity is one of pervasive poverty, SEC. 203. APPLICATION AND DURATION OF DES- or exchange of— unemployment, and general distress; IGNATION. ‘‘(1) any Economic Freedom Zone asset (II) the average rate of unemployment (a) APPLICATION.—The Secretary shall de- held for more than 5 years, within such entity during the most recent 3- velop procedures to enable an eligible entity ‘‘(2) any real property located in an Eco- month period for which data is available is to submit to the Secretary an application for nomic Freedom Zone. at least 1.5 times the national unemploy- designation as an Economic Freedom Zone ‘‘(b) ECONOMIC FREEDOM ZONE ASSET.—For ment rate for the period involved; under this title. purposes of this section—

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‘‘(1) IN GENERAL.—The term ‘Economic ‘‘(II) any land on which such property is lo- ‘‘(5) RELATED PARTY TRANSACTIONS.—The Freedom Zone asset’ means— cated. term ‘qualified capital gain’ shall not in- ‘‘(A) any Economic Freedom Zone business ‘‘(ii) SUBSTANTIAL IMPROVEMENT.—For pur- clude any gain attributable, directly or indi- stock, poses of clause (i), property shall be treated rectly, in whole or in part, to a transaction ‘‘(B) any Economic Freedom Zone partner- as substantially improved by the taxpayer with a related person. For purposes of this ship interest, and only if, during any 24-month period begin- paragraph, persons are related to each other ‘‘(C) any Economic Freedom Zone business ning after the date on which the taxpayer if such persons are described in section 267(b) property. qualifies as an Economic Freedom Zone busi- or 707(b)(1). ‘‘(2) ECONOMIC FREEDOM ZONE BUSINESS ness additions to basis with respect to such ‘‘(e) SALES AND EXCHANGES OF INTERESTS IN STOCK.— property in the hands of the taxpayer exceed PARTNERSHIPS AND S CORPORATIONS WHICH ‘‘(A) IN GENERAL.—The term ‘Economic the greater of— ARE ECONOMIC FREEDOM ZONE BUSINESSES.— Freedom Zone business stock’ means any ‘‘(I) an amount equal to the adjusted basis In the case of the sale or exchange of an in- stock in a domestic corporation if— of such property at the beginning of such 24- terest in a partnership, or of stock in an S ‘‘(i) such stock is acquired by the taxpayer, month period in the hands of the taxpayer, corporation, which was an Economic Free- before the date on which such corporation no or dom Zone business during substantially all longer qualifies as an Economic Freedom ‘‘(II) $5,000. of the period the taxpayer held such interest Zone business due to the lapse of 1 or more ‘‘(5) TREATMENT OF ECONOMIC FREEDOM ZONE or stock, the amount of qualified capital Economic Freedom Zones, at its original TERMINATION.—Except as otherwise provided gain shall be determined without regard to— issue (directly or through an underwriter) in this subsection, the termination of the ‘‘(1) any gain which is attributable to an solely in exchange for cash, designation of the Economic Freedom Zone intangible asset which is not an integral part ‘‘(ii) as of the time such stock was issued, shall be disregarded for purposes of deter- of an Economic Freedom Zone business, and such corporation was an Economic Freedom mining whether any property is an Economic ‘‘(2) any gain attributable to periods before Zone business (or, in the case of a new cor- Freedom Zone asset. the date on which the a business qualifies as poration, such corporation was being orga- ‘‘(6) TREATMENT OF SUBSEQUENT PUR- an Economic Freedom Zone business or after nized for purposes of being an Economic CHASERS, ETC.—The term ‘Economic Freedom the date that is 4 years after the date on Freedom Zone business), and Zone asset’ includes any property which which such business no longer qualifies as an ‘‘(iii) during substantially all of the tax- would be an Economic Freedom Zone asset Economic Freedom Zone business due to the payer’s holding period for such stock, such but for paragraph (2)(A)(i), (3)(A), or (4)(A)(i) lapse of 1 or more Economic Freedom Zones. corporation qualified as an Economic Free- or (ii) in the hands of the taxpayer if such dom Zone business. property was an Economic Freedom Zone ‘‘SEC. 1400V–4. REDUCED PAYROLL TAXES. ‘‘(a) IN GENERAL.— ‘‘(B) REDEMPTIONS.—A rule similar to the asset in the hands of a prior holder. MPLOYEES rule of section 1202(c)(3) shall apply for pur- ‘‘(7) 5-YEAR SAFE HARBOR.—If any property ‘‘(1) E .—The rate of tax under poses of this paragraph. ceases to be an Economic Freedom Zone 3101(a) (including for purposes of deter- ‘‘(3) ECONOMIC FREEDOM ZONE PARTNERSHIP asset by reason of paragraph (2)(A)(iii), mining the applicable percentage under sec- INTEREST.—The term ‘Economic Freedom (3)(C), or (4)(A)(iii) after the 5-year period be- tions 3201(a) and 3211(a)(1)) shall be 4.2 per- Zone partnership interest’ means any capital ginning on the date the taxpayer acquired cent for any remuneration received during or profits interest in a domestic partnership such property, such property shall continue any period in which the individual’s prin- if— to be treated as meeting the requirements of cipal residence (within the meaning of sec- ‘‘(A) such interest is acquired by the tax- such paragraph; except that the amount of tion 121) is located in an Economic Freedom payer, before the date on which such part- gain to which subsection (a) applies on any Zone. nership no longer qualifies as an Economic sale or exchange of such property shall not ‘‘(2) EMPLOYERS.— Freedom Zone business due to the lapse of 1 exceed the amount which would be qualified ‘‘(A) IN GENERAL.—The rate of tax under or more Economic Freedom Zones, from the capital gain had such property been sold on section 3111(a) (including for purposes of de- partnership solely in exchange for cash, the date of such cessation. termining the applicable percentage under ‘‘(B) as of the time such interest was ac- ‘‘(c) ECONOMIC FREEDOM ZONE BUSINESS.— sections 3221(a)) shall be 4.2 percent with re- quired, such partnership was an Economic For purposes of this section, the term ‘Eco- spect to remuneration paid for qualified Freedom Zone business (or, in the case of a nomic Freedom Zone business’ means any services during any period in which the em- new partnership, such partnership was being enterprise zone business (as defined in sec- ployer is located in an Economic Freedom organized for purposes of being an Economic tion 1397C), determined— Zone. Freedom Zone business), and ‘‘(1) after the application of section 1400(e), ‘‘(B) QUALIFIED SERVICES.—For purposes of ‘‘(C) during substantially all of the tax- ‘‘(2) by substituting ‘80 percent’ for ‘50 per- this section, the term ‘qualified services’ payer’s holding period for such interest, such cent’ in subsections (b)(2) and (c)(1) of sec- means services performed— partnership qualified as an Economic Free- tion 1397C, and ‘‘(i) in a trade or business of a qualified dom Zone business. ‘‘(3) by treating only areas that are Eco- employer, or A rule similar to the rule of paragraph (2)(B) nomic Freedom Zones as an empowerment ‘‘(ii) in the case of a qualified employer ex- shall apply for purposes of this paragraph. zone or enterprise community. empt from tax under section 501(a) of the In- ‘‘(4) ECONOMIC FREEDOM ZONE BUSINESS ‘‘(d) OTHER DEFINITIONS AND SPECIAL ternal Revenue Code of 1986, in furtherance PROPERTY.— RULES.—For purposes of this section— of the activities related to the purpose or ‘‘(A) IN GENERAL.—The term ‘Economic ‘‘(1) QUALIFIED CAPITAL GAIN.—Except as function constituting the basis of the em- Freedom Zone business property’ means tan- otherwise provided in this subsection, the ployer’s exemption under section 501 of such gible property if— term ‘qualified capital gain’ means any gain Code. ‘‘(i) such property was acquired by the tax- recognized on the sale or exchange of— ‘‘(C) LOCATION OF EMPLOYER.—For purposes payer by purchase (as defined in section ‘‘(A) a capital asset, or of this paragraph, the location of an em- 179(d)(2)) after the date on such taxpayer ‘‘(B) property used in the trade or business ployer shall be determined in the same man- qualifies as an Economic Freedom Zone busi- (as defined in section 1231(b)). ner as under section 1400V—2(c). ness and before the date on which such tax- ‘‘(2) CERTAIN GAIN NOT QUALIFIED.—The ‘‘(3) SELF-EMPLOYED INDIVIDUALS.—The rate payer no longer qualifies as an Economic term ‘qualified capital gain’ shall not in- of tax under section 1401(a) shall be 8.40 per- Freedom Zone business due to the lapse of 1 clude any gain attributable to periods before cent any taxable year in which such indi- or more Economic Freedom Zones, the date on which the a business qualifies as vidual was located (determined under section ‘‘(ii) the original use of such property in an Economic Freedom Zone business or after 1400V—2(c) as if such individual were a cor- the Economic Freedom Zone commences the date that is 4 years after the date on poration) in an Economic Freedom Zone. with the taxpayer, and which such business no longer qualifies as an ‘‘(b) TRANSFERS OF FUNDS.—- ‘‘(iii) during substantially all of the tax- Economic Freedom Zone business due to the ‘‘(1) TRANSFERS TO FEDERAL OLD-AGE AND payer’s holding period for such property, lapse of 1 or more Economic Freedom Zones. SURVIVORS INSURANCE TRUST FUND.—There substantially all of the use of such property ‘‘(3) CERTAIN GAIN NOT QUALIFIED.—The are hereby appropriated to the Federal Old- was in an Economic Freedom Zone business term ‘qualified capital gain’ shall not in- Age and Survivors Trust Fund and the Fed- of the taxpayer. clude any gain which would be treated as or- eral Disability Insurance Trust Fund estab- ‘‘(B) SPECIAL RULE FOR BUILDINGS WHICH dinary income under section 1245 or under lished under section 201 of the Social Secu- ARE SUBSTANTIALLY IMPROVED.— section 1250 if section 1250 applied to all de- rity Act (42 U.S.C. 401) amounts equal to the ‘‘(i) IN GENERAL.—The requirements of preciation rather than the additional depre- reduction in revenues to the Treasury by clauses (i) and (ii) of subparagraph (A) shall ciation. reason of the application of subsection (a). be treated as met with respect to— ‘‘(4) INTANGIBLES NOT INTEGRAL PART OF Amounts appropriated by the preceding sen- ‘‘(I) property which is substantially im- ECONOMIC FREEDOM ZONE BUSINESS.—In the tence shall be transferred from the general proved by the taxpayer before the date on case of gain described in subsection (a)(1), fund at such times and in such manner as to which such taxpayer no longer qualifies as the term ‘qualified capital gain’ shall not in- replicate to the extent possible the transfers an Economic Freedom Zone business due to clude any gain which is attributable to an which would have occurred to such Trust the lapse of 1 or more Economic Freedom intangible asset which is not an integral part Fund had such amendments not been en- Zones, and of an Economic Freedom Zone business. acted.

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‘‘(2) TRANSFERS TO SOCIAL SECURITY EQUIVA- (1) part D of the Clean Air Act (42 U.S.C. ‘‘SEC. 1128. SCHOOL CHOICE THROUGH PORT- LENT BENEFIT ACCOUNT.—There are hereby 7501 et seq.) (including any regulations pro- ABILITY. appropriated to the Social Security Equiva- mulgated under that part); ‘‘(a) AUTHORIZATION.— lent Benefit Account established under sec- (2) section 402 of the Federal Water Pollu- ‘‘(1) IN GENERAL.—Notwithstanding sec- tion 15A(a) of the Railroad Retirement Act tion Control Act (33 U.S.C. 1342); tions 1124, 1124A, and 1125 and any other pro- of 1974 (45 U.S.C. 231n-1(a)) amounts equal to (3) sections 139, 168, 169, 326, and 327 of title vision of law, and to the extent permitted the reduction in revenues to the Treasury by 23, United States Code; under State law, a State educational agency reason of the application of paragraphs (1) (4) section 304 of title 49, United States may allocate grant funds under this subpart and (2) of subsection (a). Amounts appro- Code; and among the local educational agencies in the priated by the preceding sentence shall be (5) sections 1315 through 1320 of Public Law State based on the formula described in transferred from the general fund at such 112–141 (126 Stat. 549). paragraph (2). times and in such manner as to replicate to (b) DEPARTMENT OF THE INTERIOR.— ‘‘(2) FORMULA.—A State educational agen- the extent possible the transfers which (1) WILD AND SCENIC RIVERS.—For each area cy may allocate grant funds under this sub- would have occurred to such Account had designated as an Economic Freedom Zone part for a fiscal year among the local edu- such amendments not been enacted. under this Act, the Secretary of the Interior cational agencies in the State in proportion ‘‘(3) COORDINATION WITH OTHER FEDERAL shall not enforce, with respect to that Eco- to the number of eligible children enrolled in LAWS.—For purposes of applying any provi- nomic Freedom Zone, and the Economic public schools served by the local edu- sion of Federal law other than the provisions Freedom Zone shall be exempt from compli- cational agency and enrolled in State-ac- of the Internal Revenue Code of 1986, the rate ance with the Wild and Scenic Rivers Act (16 credited private schools within the local edu- of tax in effect under section 3101(a) shall be U.S.C. 1271 et seq.). cational agency’s geographic jurisdiction, determined without regard to the reduction (2) NATIONAL HERITAGE AREAS.—For the pe- for the most recent fiscal year for which sat- in such rate under this section. riod beginning on the date of enactment of isfactory data are available, compared to the ‘‘SEC. 1400V–5. INCREASE IN EXPENSING UNDER this Act and ending on the date on which an number of such children in all such local SECTION 179. area is removed from designation as an Eco- educational agencies for that fiscal year. ‘‘(a) IN GENERAL.—In the case of an Eco- nomic Freedom Zone, any National Heritage ‘‘(b) ELIGIBLE CHILD.— nomic Freedom Zone business, for purposes Area located within that Economic Freedom ‘‘(1) IN GENERAL.—In this section, the term of section 179— Zone shall not be considered to be a National ‘eligible child’ means a child— ‘‘(1) the limitation under section 179(b)(1) Heritage Area and any applicable Federal ‘‘(A) from a family with an income below shall be increased by the lesser of— law (including regulations) relating to that the poverty level, on the basis of the most ‘‘(A) 200 percent of the amount in effect National Heritage Area shall not apply. recent satisfactory data published by the De- under such section (determined without re- TITLE V—EDUCATIONAL ENHANCEMENTS partment of Commerce; and gard to this section), or SEC. 501. EDUCATIONAL OPPORTUNITY TAX ‘‘(B) who resides in an Economic Freedom ‘‘(B) the cost of section 179 property which CREDIT. Zone as designated under title II of the Eco- is Economic Freedom Zone business property (a) IN GENERAL.—Subpart A of part IV of nomic Freedom Zones Act of 2013. placed in service during the taxable year, subchapter A of chapter 1 of the Internal ‘‘(2) CRITERIA OF POVERTY.—In determining and Revenue Code of 1986 is amended by inserting the families with incomes below the poverty ‘‘(2) the amount taken into account under after section 25D the following new section: level for the purposes of paragraph (2), a section 179(b)(2) with respect to any section ‘‘SEC. 25E. CREDIT FOR QUALIFIED ELEMENTARY State educational agency shall use the cri- 179 property which is Economic Freedom AND SECONDARY EDUCATION EX- teria of poverty used by the Census Bureau Zone business property shall be 50 percent of PENSES. in compiling the most recent decennial cen- the cost thereof. ‘‘(a) IN GENERAL.—In the case of an indi- sus. ‘‘(b) ECONOMIC FREEDOM ZONE BUSINESS vidual, there shall be allowed as a credit ‘‘(3) IDENTIFICATION OF ELIGIBLE CHIL- PROPERTY.—For purposes of this section, the against the tax imposed by this chapter for DREN.—On an annual basis, on a date to be term ‘Economic Freedom Zone business the taxable year an amount equal to the determined by the State educational agency, property’ has the meaning given such term qualified elementary and secondary edu- each local educational agency that receives under section 1400V—3(b)(4), except that for cation expenses of an eligible student. grant funding in accordance with subsection purposes of subparagraph (A)(ii) thereof, if ‘‘(b) LIMITATION.—The amount taken into (a) shall inform the State educational agen- property is sold and leased back by the tax- account under subsection (a) with respect to cy of the number of eligible children enrolled payer within 3 months after the date such any student for any taxable year shall not in public schools served by the local edu- property was originally placed in service, exceed $5,000. cational agency and enrolled in State-ac- such property shall be treated as originally ‘‘(c) DEFINITIONS.—For purposes of this sec- credited private schools within the local edu- placed in service not earlier than the date on tion— cational agency’s geographic jurisdiction. which such property is used under the lease- ‘‘(1) QUALIFIED ELEMENTARY AND SECONDARY back ‘‘(c) DISTRIBUTION TO SCHOOLS.—Each local EDUCATION EXPENSES.—The term ‘qualified ‘‘(c) RECAPTURE.—Rules similar to the educational agency that receives grant fund- rules under section 179(d)(10) shall apply with elementary and secondary education ex- ing under subsection (a) shall distribute such respect to any qualified zone property which penses’ has the meaning given such term funds to the public schools served by the ceases to be used in an empowerment zone by under section 530(b)(3). local educational agency and State-accred- an enterprise zone business. ‘‘(2) ELIGIBLE STUDENT.—The term ‘eligible ited private schools with the local edu- student’ means any student who— ‘‘PART II—DEFINITIONS cational agency’s geographic jurisdiction— ‘‘(A) is enrolled in, or attends, any public, ‘‘(1) based on the number of eligible chil- ‘‘Sec. 1400V–6. Economic Freedom Zone. private, or religious school (as defined in sec- dren enrolled in such schools; and ‘‘SEC. 1400V–6. ECONOMIC FREEDOM ZONE. tion 530(b)(3)(B)), and ‘‘(2) in the manner that would, in the ab- ‘‘For purposes of this subchapter, the term ‘‘(B) whose principal residence (within the sence of such Federal funds, supplement the ‘Economic Freedom Zone’ means any area meaning of section 123) is located in an Eco- funds made available from the non-Federal which is an Economic Freedom Zone under nomic Freedom Zone. resources for the education of pupils partici- title II of the Economic Freedom Zone Act.’’. ‘‘(3) ECONOMIC FREEDOM ZONE.—The term pating in programs under this part, and not (b) CLERICAL AMENDMENT.—The table of ‘Economic Freedom Zone’ means any area subchapters for chapter 1 of such Code is to supplant such funds.’’. which is an Economic Freedom Zone under (b) TABLE OF CONTENTS.—The table of con- amended by inserting after the item relating title II of the Economic Freedom Zone Act.’’. to subchapter Y the following new item: tents in section 2 of the Elementary and Sec- (b) CLERICAL AMENDMENT.—The table of ondary Education Act of 1965 is amended by ‘‘SUBCHAPTER Z—ECONOMIC FREEDOM ZONES’’. sections for subpart A of part IV of sub- inserting after the item relating to section (c) EFFECTIVE DATE.—The amendments chapter A of chapter 1 of such Code is 1127 the following: made by this section shall apply to taxable amended by inserting after the item relating years beginning after the date of the enact- to section 25D the following new item: ‘‘Sec. 1128. School choice through port- ment of this Act. ‘‘Sec. 25E. Credit for qualified elementary ability.’’. TITLE IV—FEDERAL REGULATORY and secondary education ex- SEC. 503. SPECIAL ECONOMIC FREEDOM ZONE REDUCTIONS penses.’’. VISAS. SEC. 401. SUSPENSION OF CERTAIN LAWS AND (c) EFFECTIVE DATE.—The amendments (a) DEFINITIONS.—In this section: REGULATIONS. made by this section shall apply to expendi- (1) ABANDONED; DILAPIDATED.—The terms (a) ENVIRONMENTAL PROTECTION AGENCY.— tures made in taxable years beginning after ‘‘abandoned’’ and ‘‘dilapidated’’ shall be de- For each area designated as an Economic the date of the enactment of this Act. fined by the States in accordance with the Freedom Zone under this Act, the Adminis- SEC. 502. SCHOOL CHOICE THROUGH PORT- provisions of this division. trator of the Environmental Protection ABILITY. (2) FULL-TIME EMPLOYMENT.—The term Agency shall not enforce, with respect to (a) IN GENERAL.—Subpart 2 of part A of ‘‘full-time employment’’ means employment that Economic Freedom Zone, and the Eco- title I of the Elementary and Secondary Edu- in a position that requires at least 35 hours nomic Freedom Zone shall be exempt from cation Act of 1965 (20 U.S.C. 6331 et seq.) is of service per week at any time, regardless of compliance with— amended by adding at the end the following: who fills the position.

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(b) PURPOSE.—The purpose of this section is usually associated with attainment of a ing of section 121) is located in an Economic is to facilitate increased investment and en- bachelor’s or higher degree; or Freedom Zone (as defined in section 1400V— hanced human capital in Economic Freedom (D) a skill or talent that would benefit the 6). Zones through the issuance of special re- Economic Freedom Zone. ‘‘(c) DEDUCTION FOR CONTRIBUTIONS.— gional visas. (f) ADDITIONAL PROVISIONS.— ‘‘(1) IN GENERAL.—There shall be allowed as (c) AUTHORIZATION.—The Secretary of (1) GEOGRAPHIC LIMITATION.—An alien who a deduction under part VII of subchapter B Homeland Security, in collaboration with has been issued a visa under this section is of this chapter an amount equal to the ag- the Secretary of Labor, may issue Special not permitted to live or work outside of an gregate amount of contributions made by Economic Freedom Zone Visas, in a number Economic Freedom Zone. the taxpayer to any Economic Freedom Zone determined by the Governor of each State, in (2) RESCISSION.—A visa issued under this educational savings account during the tax- consultation with local officials in regions section shall be rescinded if the visa holder able year . designated by the Secretary of Treasury as resides or works outside of an Economic ‘‘(2) LIMITATION.—The amount of the de- Economic Freedom Zones, to authorize Freedom Zone or otherwise fails to comply duction allowed under paragraph (1) for any qualified aliens to enter the United States with the provisions of this section. taxpayer for any taxable year shall not ex- for the purpose of— (3) OTHER VISAS.—An alien who has been ceed $40,000. (1) engaging in a new commercial enter- issued a visa under this section may apply ‘‘(3) NO DEDUCTION FOR ROLLOVER CONTRIBU- prise (including a limited partnership)— for any other visa for which the alien is eli- TIONS.—No deduction shall be allowed under (A) in which such alien has invested, or is gible in order to pursue employment outside paragraph (1) for any rollover contribution actively in the process of investing, capital of an Economic Freedom Zone. described in section 530(d)(5). ‘‘(d) OTHER RULES.— in an amount not less than the amount spec- (g) ADJUSTMENT OF STATUS.—The Sec- ‘‘(1) NO INCOME LIMIT.—In the case of an ified in subsection (d); and retary of Homeland Security may adjust the Economic Freedom Zone educational savings (B) which will benefit the region des- status of an alien who has been issued a visa account, subsection (c) of section 530 shall ignated as an Economic Freedom Zone by under this section to that of an alien law- not apply. creating full-time employment of not fewer fully admitted for permanent residence, without numerical limitation, if the alien— ‘‘(2) CHANGE IN BENEFICIARIES.—Notwith- than 5 United States citizens, aliens lawfully standing paragraph (6) of section 530(b), a admitted for permanent residence, or other (1) has fully complied with the require- ments set forth in this section for at least 5 change in the beneficiary of an Economic immigrants lawfully authorized to be em- Freedom Zone education savings account years; ployed in the United States (excluding the shall be treated as a distribution unless the (2) submits a completed application to the alien and the alien’s immediate family); new beneficiary is a qualified individual.’’. Secretary; and (2) engaging in the purchase and renova- (b) CLERICAL AMENDMENT.—The table of tion of dilapidated or abandoned properties (3) is not inadmissible to the United States sections for part VIII of subchapter F of or residences (as determined by State and based on any of the factors set forth in sec- chapter 1 of such Code is amended by adding local officials) in which such alien has in- tion 212(a) of the Immigration and Nation- at the end the following new item: ality Act (8 U.S.C. 1182(a)). vested, or is actively in the process of invest- ‘‘Sec. 530A. Economic Freedom Zone edu- ing, in the ownership of such properties or SEC. 504. ECONOMIC FREEDOM ZONE EDU- cational savings accounts.’’. residences; or CATIONAL SAVINGS ACCOUNTS. TITLE VI—COMMUNITY ASSISTANCE AND (3) residing and working in an Economic (a) IN GENERAL.—Part VIII of subchapter F REBUILDING Freedom Zone. of chapter 1 of the Internal Revenue Code of SEC. 601. NONAPPLICATION OF DAVIS-BACON. (d) EFFECTIVE PERIOD.—A visa issued to an 1986 is amended by adding at the end the fol- alien under this section shall expire on the lowing new section: The wage rate requirements of subchapter IV of chapter 31 of title 40, United States later of— ‘‘SEC. 530A. ECONOMIC FREEDOM ZONE EDU- Code (commonly referred to as the ‘‘Davis- (1) the date on which the relevant Eco- CATIONAL SAVINGS ACCOUNTS. Bacon Act’’), shall not apply with respect to nomic Freedom Zone loses such designation; ‘‘(a) IN GENERAL.—Except as provided in any area designated as an Economic Free- or this section, an Economic Freedom Zone dom Zone under this Act. (2) the date that is 5 years after the date on educational savings account shall be treated SEC. 602. ECONOMIC FREEDOM ZONE CHARI- which such visa was issued to such alien. for purposes of this title in the same manner as a Coverdell education savings account. TABLE TAX CREDIT. (e) CAPITAL AND EDUCATIONAL REQUIRE- (a) IN GENERAL.—Section 170 is amended by ‘‘(b) DEFINITIONS.—For purposes of this sec- MENTS.— redesignating subsection (p) as subsection (q) tion— (1) NEW COMMERCIAL ENTERPRISES.—Except and by inserting after subsection (o) the fol- ‘‘(1) ECONOMIC FREEDOM ZONE EDUCATIONAL as otherwise provided under this section, the lowing new subsection: SAVINGS ACCOUNT minimum amount of capital required to .—The term ‘Economic ‘‘(o) ELECTION TO TREAT CONTRIBUTIONS FOR comply with subsection (c)(1)(A) shall be Freedom Zone educational savings account’ ECONOMIC FREEDOM ZONE CHARITIES AS A $50,000. means a trust created or organized in the CREDIT.— (2) RENOVATION OF DILAPIDATED OR ABAN- United States exclusively for the purpose of ‘‘(1) IN GENERAL.—In the case of an indi- DONED PROPERTIES.—An alien is not in com- paying the qualified education expenses (as vidual, at the election of the taxpayer, so pliance with subsection (c)(2) unless the defined in section 530(b)(2)) of an individual much of the deduction allowed under sub- alien— who is the designated beneficiary of the section (a) (determined without regard to (A) purchases a dilapidated or abandoned trust (and designated as an Economic Free- this subsection) which is attributable to Eco- property in an Economic Freedom Zone; and dom Zone educational saving account at the nomic Freedom Zone charitable contribu- (B) not later than 18 months after such time created or organized) and who is a tions— purchase, invests not less than $25,000 to re- qualified individual at the time such trust is ‘‘(A) shall be allowed as a credit against build, rehabilitate, or repurpose the prop- established, but only if the written gov- the tax imposed by this chapter for the tax- erty. erning instrument creating the trust meets able year, and (3) VERIFICATION.—A visa issued under sub- the following requirements: ‘‘(B) shall not be allowed as a deduction for section (c) shall not remain in effect for ‘‘(A) No contribution will be accepted— such taxable year under subsection (a). more than 2 years unless the Secretary of ‘‘(i) unless it is in cash, Any amount allowable as a credit under this Homeland Security has verified that the ‘‘(ii) after the date on which such bene- subsection shall be treated as a credit al- alien has complied with the requirements de- ficiary attains age 25, or lowed under subpart A of part IV of sub- scribed in subsection (c). ‘‘(iii) except in the case of rollover con- chapter A for purposes of this title. (4) EDUCATION AND SKILL REQUIREMENTS.— tributions, if such contribution would result ‘‘(2) AMOUNT ATTRIBUTABLE TO ECONOMIC An alien is not in compliance with sub- in aggregate contributions for the taxable FREEDOM ZONE CHARITABLE CONTRIBUTIONS.— section (c)(3) unless the alien possesses— year exceeding $10,000. For purposes of paragraph (1)— (A) a bachelor’s degree (or its equivalent) ‘‘(B) No contribution shall be accepted at ‘‘(A) IN GENERAL.—In any case in which the or an advanced degree; any time in which the designated beneficiary total charitable contributions of a taxpayer (B) a degree or specialty certification is not a qualified individual. for a taxable year exceed the contribution that— ‘‘(C) The trust meets the requirements of base, the amount of Economic Freedom Zone (i) is required for the job the alien will be subparagraphs (B), (C), (D), and (E) of section charitable contributions taken into account performing; and 530(b)(1). under paragraph (1) shall be the amount (ii) is specific to an industry or job that is The age limitations in subparagraphs (A)(ii), which bears the same ratio to the total char- so complex or unique that it can be per- subparagraph (E) of section 530(b)(1), and itable contributions made by the taxpayer formed only by an individual with the spe- paragraphs (5) and (6) of section 530(d), shall during such taxable year as the amount of cialty certification; not apply to any designated beneficiary with the deduction allowed under subsection (a) (C)(i) the knowledge required to perform special needs (as determined under regula- (determined without regard to this sub- the duties of the job the alien will be per- tions prescribed by the Secretary). section and after application of subsection forming; and ‘‘(2) QUALIFIED INDIVIDUAL.—The term (b)) bears to the total charitable contribu- (ii) the nature of the specific duties is so ‘qualified individual’ means any individual tions made by the taxpayer for such taxable specialized and complex that such knowledge whose principal residence (within the mean- year.

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‘‘(B) CARRYOVERS.—In the case of any con- streamlining the opportunities for occupa- rule would result in the creation of 700 jobs tribution carried from a preceding taxable tional licensing. per year; but year under subsection (d), such amount shall (6) ABANDONED STRUCTURES.—State and (B) a private study conducted by NERA be treated as attributable to an Economic local governments should consider the fol- Economic Consulting estimated that imple- Freedom Zone charitable contribution in the lowing options to reduce or fix areas with mentation of the final rule described in sub- amount that bears the same ratio to the abandoned properties or residences: paragraph (A) would result in the elimi- total amount carried from preceding taxable (A) In the case of foreclosures, tax notifica- nation of a total of 34,000 jobs during the pe- years under subsection (d) as the amount of tions should be sent to both the lien holder riod beginning in calendar year 2013 and end- Economic Freedom Zone charitable con- (if different than the homeowner) and the ing in calendar year 2037; tributions not allowed as a deduction under homeowner. (5)(A) the analysis of the Environmental subsection (a) (other than by reason of this (B) Where State constitutions permit, Protection Agency of the final rules of the subsection) for the preceding 5 taxable year property tax abatement or credits should be Agency entitled ‘‘National Emission Stand- bears to total amount carried from preceding provided for individuals who purchase or in- ards for Hazardous Air Pollutants for Major taxable years under subsection (d). vest in abandoned or dilapidated properties. Sources: Industrial, Commercial, and Insti- ‘‘(3) ECONOMIC FREEDOM ZONE CHARITABLE (C) Non-profit or charity demolition enti- tutional Boilers and Process Heaters’’ (76 CONTRIBUTION.—The term ‘Economic Free- ties should be permitted or encouraged to Fed. Reg. 15608 (March 21, 2011)) and ‘‘Na- dom Zone charitable contribution’ means help remove abandoned properties. tional Emission Standards for Hazardous Air any contribution to a corporation, trust, or (D) Government or municipality fees and Pollutants for Area Sources: Industrial, community chest fund, or foundation de- penalties should be limited, and be propor- Commercial, and Institutional Boilers’’ (76 scribed in subsection (c)(2), but only if— tional to the outstanding tax amount and Fed. Reg. 15554 (March 21, 2011)) estimated ‘‘(A) such entity is created or organized ex- the ability to pay. that implementation of the final rules would clusively for— (E) The sale of tax liens to third parties result in the creation of 2,200 jobs per year; ‘‘(i) religious purposes, should be reviewed, and where available, but ‘‘(ii) educational purposes, or should prohibit the selling of tax liens below (B) a private study conducted NERA Eco- ‘‘(iii) any of the following charitable pur- a certain threshold (for example the prohibi- nomic Consulting estimated that implemen- poses: providing educational scholarships, tion of the sale of tax liens to third parties tation of the final rules described in subpara- providing shelters for homeless individuals, under $1,000). graph (A) would result in the elimination of or setting up or maintaining food banks, 28,000 jobs per year during the period begin- ‘‘(B) the primary mission of such entity is SA 2615. Mr. INHOFE (for himself, ning in calendar year 2013 and ending in cal- serving individuals in an Economic Freedom Mr. MCCONNELL, Mr. VITTER, Mr. endar year 2037; Zone, BLUNT, and Mr. CORNYN) submitted an (6) implementation of certain rules of the ‘‘(C) the entity maintains accountability amendment intended to be proposed by Environmental Protection Agency that have to residents of such Economic Freedom Zone him to the bill S. 1845, to provide for not been updated or finalized as of the date through their representation on any gov- of enactment of this Act, such as an update erning board of the entity or any advisory the extension of certain unemployment benefits, and for other purposes; which of the rules of the Agency relating to green- board to the entity, and house gases and national ambient air quality ‘‘(D) the entity is certified by the Sec- was ordered to lie on the table; as fol- standards, will result in significant and neg- retary for purposes of this subsection. lows: ative employment impacts, but the Agency Such term shall not include any contribu- On page 6, after line 11, add the following: has not yet fully studied or disclosed those tion made to an entity described in the pre- SEC. 7. ANALYSIS OF EMPLOYMENT EFFECTS impacts; ceding sentence after the date in which the UNDER THE CLEAN AIR ACT. (7) in developing or updating any regula- designation of the Economic Freedom Zone (a) FINDINGS.—Congress finds that— tions after the date of enactment of this Act, serviced by such entity lapses. (1) the Environmental Protection Agency the Environmental Protection Agency must ‘‘(4) ECONOMIC FREEDOM ZONE.—The term has systematically distorted the true impact be required to fully study the adverse impact ‘Economic Freedom Zone’ means any area of the regulations of the Agency on job cre- those regulations will have on jobs and em- which is an Economic Freedom Zone under ation by using incomplete analyses to assess ployment levels in the United States and dis- title II of the Economic Freedom Zone Act.’’. effects on employment and failing to take close those impacts to the people of the (b) EFFECTIVE DATE.—The amendments into account the cascading effects of a regu- United States before issuing a final rule; and made by this section shall apply to taxable latory change across interconnected indus- (8) although since 1977, section 321(a) of the years beginning after the date of the enact- tries and markets nationwide; Clean Air Act (42 U.S.C. 7621(a)) has required ment of this Act. (2) although in many instances, the Envi- the Administrator of the Environmental TITLE VII—STATE AND COMMUNITY ronmental Protection Agency has stated Protection Agency to ‘‘conduct continuing POLICY RECOMMENDATIONS that the impact of certain regulations will evaluations of potential loss or shifts of em- SEC. 701. SENSE OF THE SENATE CONCERNING result in net job creation, implementation of ployment which may result from the admin- POLICY RECOMMENDATIONS. the regulations will actually require billions istration or enforcement of the provision of It is the sense of the Senate that State and of dollars in compliance costs, resulting in [the Clean Air Act] and applicable implemen- reduced business profits and millions of ac- local governments should review and adopt tation plans, including where appropriate, the following policy recommendations: tual job losses; investigating threatened plant closures or (1) PENSION REFORM.—State and local gov- (3)(A) the analysis of the Environmental reductions in employment allegedly result- ernments should— Protection Agency of the final rule of the ing from such administration or enforce- (A) implement reforms to address any fis- Agency entitled ‘‘National Emission Stand- ment’’, the Environmental Protection Agen- cal shortfall in public pension funding, in- ards for Hazardous Air Pollutants From cy has failed to conduct any study that con- cluding utilizing accrual accounting meth- Coal- and Oil-Fired Electric Utility Steam siders the impact of programs carried out ods, such as those reforms undertaken by the Generating Units and Standards of Perform- under the Clean Air Act (42 U.S.C. 7401 et private sector pension funds; and ance for Fossil-Fuel-Fired Electric Utility, seq.) on jobs and changes in employment. (B) restructure and renegotiate any public Industrial-Commercial-Institutional, and pension fund that is deemed to be insolvent Small Industrial-Commercial-Institutional (b) PROHIBITION.—The Administrator of the or underfunded, including adopting defined Steam Generating Units’’ (77 Fed. Reg. 9304 Environmental Protection Agency shall not contribution retirement systems. (Feb. 16, 2012)) estimated that implementa- issue any final rule until the date on which (2) TAXES.—State and local governments tion of the final rule would result in the cre- the Administrator— should reduce jurisdictional tax rates below ation of 46,000 temporary construction jobs (1) completes a full economic analysis pur- the national average in order to help facili- and 8,000 net new permanent jobs; but suant to section 321(a) of the Clean Air Act tate capital investment and economic (B) a private study conducted by NERA (42 U.S.C. 7621(a)); and growth, particularly in combination with the Economic Consulting, using a ‘‘whole econ- (2) establishes a process to update that provisions of this division. omy’’ model, estimated that implementation analysis not less frequently than quarterly. (3) EDUCATION.—State and local govern- of the final rule described in subparagraph ments should adopt school choice options to (A) would result in a negative impact on the provide children and parents more edu- income of workers in an amount equivalent SA 2616. Mr. PORTMAN (for himself cational choices, particularly in impover- to 180,000 to 215,000 lost jobs in 2015 and 50,000 and Mr. TOOMEY) submitted an amend- ished areas. to 85,000 lost jobs each year thereafter; ment intended to be proposed by him (4) COMMUNITIES.—State and local govern- (4)(A) the analysis of the Environmental ments should adopt right-to-work laws to Protection Agency of the final rule of the to the bill S. 1845, to provide for the ex- allow more competitiveness and more flexi- Agency entitled ‘‘Federal Implementation tension of certain unemployment bene- bility for businesses to expand. Plans: Interstate Transport of Fine Particu- fits, and for other purposes; which was (5) REGULATIONS.—State and local govern- late Matter and Ozone and Correction of SIP ordered to lie on the table; as follows: ments should streamline the regulatory bur- Approvals’’ (76 Fed. Reg. 48208 (Aug. 8, 2011)) den on families and businesses, including estimated that implementation of the final At the end, add the following:

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REQUIREMENT THAT INDIVIDUALS ‘‘(ii) such corporation— APPROPRIATIONS AVAILABLE TO RECEIVING EMERGENCY UNEM- ‘‘(I) is not regularly traded on an estab- THE SECRETARY OF LABOR TO CON- PLOYMENT COMPENSATION BE AC- lished securities market, and TIVELY ENGAGED IN A SYSTEMATIC DUCT IN-PERSON REEMPLOYMENT ‘‘(II) has, and is reasonably expected to AND UNEMPLOYMENT INSURANCE AND SUSTAINED EFFORT TO OBTAIN ELIGIBILITY ASSESSMENTS FOR UN- EMPLOYMENT. continue to have, aggregate gross assets (in- EMPLOYMENT INSURANCE BENE- (a) IN GENERAL.—Paragraph (1) of section cluding assets under management for inves- FICIARIES. 4001(h) of the Supplemental Appropriations tors, whether held directly or indirectly) of (a) AUTHORITY.—Notwithstanding any Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 less than $50,000,000, and other provision of law, the Secretary of note) is amended— ‘‘(iii) the Secretary grants a waiver to such Labor may, for fiscal years 2014 through 2023, (1) in subparagraph (B), by striking ‘‘has corporation under this subparagraph. use any discretionary appropriations avail- engaged in an active search for employ- ‘‘(3) MANAGEMENT AND CONTROL.— able to the Secretary to conduct in-person ment’’ and inserting ‘‘has actively engaged ‘‘(A) IN GENERAL.—The Secretary shall pre- reemployment and unemployment insurance in a systematic and sustained effort to ob- scribe regulations for purposes of deter- eligibility assessments for unemployment in- tain employment’’; and mining cases in which the management and surance beneficiaries. (2) by amending subparagraph (D) to read control of a corporation is to be treated as (b) LIMITATION.—Amounts used in a fiscal as follows: occurring primarily within the United year pursuant to the authority under sub- ‘‘(D) when requested by the State agency, States. section (a) may not exceed the following: has demonstrated active engagement in a ‘‘(B) EXECUTIVE OFFICERS AND SENIOR MAN- (1) $20,000,000 for fiscal year 2014. systematic and sustained effort to obtain AGEMENT.—Such regulations shall provide (2) $25,000,000 for fiscal year 2015. employment, as determined based on evi- that— (3) $30,000,000 for fiscal year 2016. dence (whether in electronic format or oth- ‘‘(i) the management and control of a cor- (4) $35,000,000 for fiscal year 2017. erwise) satisfactory to the State agency.’’. poration shall be treated as occurring pri- (5) $36,000,000 for fiscal year 2018. (b) EFFECTIVE DATE.—The amendments marily within the United States if substan- (6) $37,000,000 for fiscal year 2019. made by this section shall take effect on the tially all of the executive officers and senior (7) $38,000,000 for fiscal year 2020. date of the enactment of this Act. management of the corporation who exercise day-to-day responsibility for making deci- (8) $39,000,000 for fiscal year 2021. Mrs. SHAHEEN (for herself, (9) $40,000,000 for fiscal year 2022. SA 2618. sions involving strategic, financial, and (10) $41,000,000 for fiscal year 2023. Mr. SCHATZ, Ms. HIRONO, Mr. operational policies of the corporation are BLUMENTHAL, Mr. WARNER, Mr. UDALL SEC. 8. DISQUALIFICATION ON RECEIPT OF DIS- located primarily within the United States, ABILITY INSURANCE BENEFITS IN A of New Mexico, Mr. COONS, Mr. BEGICH, and MONTH FOR WHICH UNEMPLOY- Ms. LANDRIEU, Ms. BALDWIN, Mr. KAINE, ‘‘(ii) individuals who are not executive offi- MENT COMPENSATION IS RECEIVED. Mr. FRANKEN, and Mr. MERKLEY) sub- cers and senior management of the corpora- (a) IN GENERAL.—Section 223(d)(4) of the mitted an amendment intended to be tion (including individuals who are officers Social Security Act (42 U.S.C. 423(d)(4)) is proposed by her to the bill S. 1845, to or employees of other corporations in the amended by adding at the end the following: provide for the extension of certain un- same chain of corporations as the corpora- tion) shall be treated as executive officers ‘‘(C)(i) If for any month an individual is en- employment benefits, and for other titled to unemployment compensation, such and senior management if such individuals individual shall be deemed to have engaged purposes; which was ordered to lie on exercise the day-to-day responsibilities of in substantial gainful activity for such the table; as follows: the corporation described in clause (i). month. At the end, add the following: ‘‘(C) CORPORATIONS PRIMARILY HOLDING IN- ‘‘(ii) For purposes of clause (i), the term SEC. 7. REPEAL OF REDUCTIONS MADE BY BIPAR- VESTMENT ASSETS.—Such regulations shall ‘unemployment compensation’ means— TISAN BUDGET ACT OF 2013. also provide that the management and con- ‘‘(I) ‘regular compensation’, ‘extended Section 403 of the Bipartisan Budget Act of trol of a corporation shall be treated as oc- compensation’, and ‘additional compensa- 2013 is repealed as of the date of the enact- curring primarily within the United States tion’ (as such terms are defined by section ment of such Act. if— 205 of the Federal-State Extended Unemploy- SEC. 8. TREATMENT OF FOREIGN CORPORATIONS ‘‘(i) the assets of such corporation (directly ment Compensation Act (26 U.S.C. 3304 MANAGED AND CONTROLLED IN THE or indirectly) consist primarily of assets UNITED STATES AS DOMESTIC COR- being managed on behalf of investors, and note)); and PORATIONS. ‘‘(ii) decisions about how to invest the as- ‘‘(II) trade adjustment assistance under (a) IN GENERAL.—Section 7701 of the Inter- title II of the Trade Act of 1974 (19 U.S.C. 2251 nal Revenue Code of 1986 is amended by re- sets are made in the United States.’’. et seq.).’’. designating subsection (p) as subsection (q) (b) EFFECTIVE DATE.—The amendments (b) TRIAL WORK PERIOD.—Section 222(c) of and by inserting after subsection (o) the fol- made by this section shall apply to taxable the Social Security Act (42 U.S.C. 422(c)) is lowing new subsection: years beginning on or after the date which is amended by adding at the end the following: ‘‘(p) CERTAIN CORPORATIONS MANAGED AND 2 years after the date of the enactment of ‘‘(6)(A) For purposes of this subsection, an CONTROLLED IN THE UNITED STATES TREATED this Act, whether or not regulations are individual shall be deemed to have rendered AS DOMESTIC FOR INCOME TAX.— issued under section 7701(p)(3) of the Internal services in a month if the individual is enti- ‘‘(1) IN GENERAL.—Notwithstanding sub- Revenue Code of 1986, as added by this sec- tled to unemployment compensation for such section (a)(4), in the case of a corporation de- tion. month. scribed in paragraph (2) if— ‘‘(B) For purposes of subparagraph (A), the ‘‘(A) the corporation would not otherwise SA 2619. Mr. PORTMAN submitted an term ‘unemployment compensation’ means— be treated as a domestic corporation for pur- amendment intended to be proposed by ‘‘(i) ‘regular compensation’, ‘extended com- poses of this title, but him to the bill S. 1845, to provide for pensation’, and ‘additional compensation’ (as ‘‘(B) the management and control of the the extension of certain unemployment such terms are defined by section 205 of the corporation occurs, directly or indirectly, benefits, and for other purposes; which Federal-State Extended Unemployment primarily within the United States, was ordered to lie on the table; as fol- Compensation Act (26 U.S.C. 3304 note)); and then, solely for purposes of chapter 1 (and lows: ‘‘(ii) trade adjustment assistance under any other provision of this title relating to title II of the Trade Act of 1974 (19 U.S.C. 2251 chapter 1), the corporation shall be treated At the end, add the following: et seq.).’’. as a domestic corporation. SEC. 7. AUTHORITY TO USE ANY DISCRETIONARY (c) DATA MATCHING.—The Commissioner of ‘‘(2) CORPORATION DESCRIBED.— APPROPRIATIONS AVAILABLE TO THE SECRETARY OF LABOR TO CON- Social Security shall implement the amend- ‘‘(A) IN GENERAL.—A corporation is de- ments made by this section using appro- DUCT IN-PERSON REEMPLOYMENT scribed in this paragraph if— AND UNEMPLOYMENT INSURANCE priate electronic data. ‘‘(i) the stock of such corporation is regu- ELIGIBILITY ASSESSMENTS FOR UN- (d) EFFECTIVE DATE.—The amendments larly traded on an established securities EMPLOYMENT INSURANCE BENE- made by this section shall apply with respect market, or FICIARIES. to months after December 2014. ‘‘(ii) the aggregate gross assets of such cor- (a) AUTHORITY.—Notwithstanding any poration (or any predecessor thereof), includ- other provision of law, the Secretary of SA 2617. Mr. COATS submitted an ing assets under management for investors, Labor may, for fiscal years 2014 through 2023, amendment intended to be proposed by whether held directly or indirectly, at any use any discretionary appropriations avail- him to the bill S. 1845, to provide for time during the taxable year or any pre- able to the Secretary to conduct in-person the extension of certain unemployment ceding taxable year is $50,000,000 or more. reemployment and unemployment insurance benefits, and for other purposes; which ‘‘(B) GENERAL EXCEPTION.—A corporation eligibility assessments for unemployment in- shall not be treated as described in this para- surance beneficiaries. was ordered to lie on the table; as fol- graph if— (b) LIMITATION.—Amounts used in a fiscal lows: ‘‘(i) such corporation was treated as a cor- year pursuant to the authority under sub- At the appropriate place, insert the fol- poration described in this paragraph in a pre- section (a) may not exceed the following: lowing: ceding taxable year, (1) $20,000,000 for fiscal year 2014.

VerDate Mar 15 2010 03:09 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A08JA6.021 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE January 8, 2014 CONGRESSIONAL RECORD — SENATE S149 (2) $25,000,000 for fiscal year 2015. ‘‘(i) 27 percent of the total amount of reg- ‘‘(ii) 7 times the individual’s average week- (3) $30,000,000 for fiscal year 2016. ular compensation (including dependents’ al- ly benefit amount for the benefit year; (4) $35,000,000 for fiscal year 2017. lowances) payable to the individual during ‘‘(C) for an account established under sub- (5) $36,000,000 for fiscal year 2018. the individual’s benefit year under such law; section (a) after June 28, 2014, and before (6) $37,000,000 for fiscal year 2019. or September 27, 2014, the lesser of— (7) $38,000,000 for fiscal year 2020. ‘‘(ii) 7 times the individual’s average week- ‘‘(i) 20 percent of the total amount of reg- (8) $39,000,000 for fiscal year 2021. ly benefit amount for the benefit year; or ular compensation (including dependents’ al- (9) $40,000,000 for fiscal year 2022. ‘‘(D) for an account established after Sep- lowances) payable to the individual during (10) $41,000,000 for fiscal year 2023. tember 26, 2014, and before January 1, 2015, the individual’s benefit year under such law; the lesser of— or SA 2620. Mr. TOOMEY submitted an ‘‘(i) 16 percent of the total amount of reg- ‘‘(ii) 5 times the individual’s average week- amendment intended to be proposed by ular compensation (including dependents’ al- ly benefit amount for the benefit year; him to the bill S. 1845, to provide for lowances) payable to the individual during ‘‘(D) for an account established under sub- the extension of certain unemployment the individual’s benefit year under such law; section (a) after September 26, 2014, and be- or fore January 1, 2015, the lesser of— benefits, and for other purposes; which ‘‘(ii) 4 times the individual’s average week- was ordered to lie on the table; as fol- ‘‘(i) 12 percent of the total amount of reg- ly benefit amount for the benefit year.’’; ular compensation (including dependents’ al- (B) by striking paragraph (3); and lows: lowances) payable to the individual during (C) by redesignating paragraph (3) as para- Strike sections 2 through 6 and insert the the individual’s benefit year under such law; graph (2). following: or (2) SECOND TIER.—Section 4002(c)(1) of the SEC. 2. EXTENSION AND MODIFICATION OF THE ‘‘(ii) 3 times the individual’s average week- EMERGENCY UNEMPLOYMENT COM- Supplemental Appropriations Act, 2008 (26 U.S.C. 3304 note; Public Law 110–252) is ly benefit amount for the benefit year.’’; and PENSATION PROGRAM. (B) by striking paragraph (5). (a) EXTENSION.—Section 4007 of the Supple- amended by striking subparagraphs (A) and (4) FOURTH TIER.—Section 4002(e) of the mental Appropriations Act, 2008 (Public Law (B) and inserting the following: Supplemental Appropriations Act, 2008 (26 110–252; 26 U.S.C. 3304 note) is amended— ‘‘(A) for an account established under sub- (1) in subsection (a)(2), by striking ‘‘Janu- section (a) after December 28, 2013, and be- U.S.C. 3304 note; Public Law 110–252) is ary 1, 2014’’ and inserting ‘‘January 1, 2015’’; fore March 30, 2014, the lesser of— amended— and ‘‘(i) 54 percent of the total amount of reg- (A) in paragraph (1), by striking subpara- (2) by striking subsection (b) and inserting ular compensation (including dependents’ al- graphs (A) and (B) and inserting the fol- the following: lowances) payable to the individual during lowing: ‘‘(b) PAYMENT OF AMOUNTS REMAINING IN the individual’s benefit year under such law; ‘‘(A) for an account established under sub- ACCOUNT.— or section (a) after December 28, 2013, and be- ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘(ii) 14 times the individual’s average fore March 30, 2014, the lesser of— in the case of an individual who has amounts weekly benefit amount for the benefit year; ‘‘(i) 39 percent of the total amount of reg- remaining in an account established under ‘‘(B) for an account established under sub- ular compensation (including dependents’ al- section 4002 as of the last day of the last section (a) after March 29, 2014, and before lowances) payable to the individual during week (as determined in accordance with the June 29, 2014, the lesser of— the individual’s benefit year under such law; applicable State law) ending on or before ‘‘(i) 43 percent of the total amount of reg- or January 1, 2015, the following rules shall ular compensation (including dependents’ al- ‘‘(ii) 10 times the individual’s average apply: lowances) payable to the individual during weekly benefit amount for the benefit year; ‘‘(A) Taking into account any augmenta- the individual’s benefit year under such law; ‘‘(B) for an account established under sub- tion under subparagraph (B), emergency un- or section (a) after March 29, 2014, and before employment compensation shall continue to ‘‘(ii) 11 times the individual’s average June 29, 2014, the lesser of— be payable to such individual under this title weekly benefit amount for the benefit year; ‘‘(i) 27 percent of the total amount of reg- for any week beginning after such last day as ‘‘(C) for an account established under sub- ular compensation (including dependents’ al- long as the individual meets the eligibility section (a) after June 28, 2014, and before lowances) payable to the individual during requirements of this title. September 27, 2014, the lesser of— the individual’s benefit year under such law; ‘‘(B) Augmentation under subsection (c), ‘‘(i) 27 percent of the total amount of reg- or (d), and (e) of section 4002 may occur after ular compensation (including dependents’ al- ‘‘(ii) 7 times the individual’s average week- such date as long as the requirements for lowances) payable to the individual during ly benefit amount for the benefit year; such augmentation are otherwise met. the individual’s benefit year under such law; ‘‘(C) for an account established under sub- ‘‘(2) LIMIT ON COMPENSATION.—No com- or section (a) after June 28, 2014, and before pensation under this title shall be payable ‘‘(ii) 7 times the individual’s average week- September 27, 2014, the lesser of— for any week beginning after October 3, ly benefit amount for the benefit year; or ‘‘(i) 20 percent of the total amount of reg- 2015.’’. ‘‘(D) for an account established under sub- ular compensation (including dependents’ al- (b) MODIFICATIONS RELATING TO WEEKS OF section (a) after September 26, 2014, and be- lowances) payable to the individual during EMERGENCY UNEMPLOYMENT COMPENSATION.— fore January 1, 2015, the lesser of— the individual’s benefit year under such law; ‘‘(i) 16 percent of the total amount of reg- (1) FIRST TIER.—Section 4002(b) of the Sup- or ular compensation (including dependents’ al- plemental Appropriations Act, 2008 (26 U.S.C. ‘‘(ii) 5 times the individual’s average week- lowances) payable to the individual during 3304 note; Public Law 110–252) is amended— ly benefit amount for the benefit year; or the individual’s benefit year under such law; (A) by striking paragraph (1) and inserting ‘‘(D) for an account established after Sep- or the following: tember 26, 2014, and before January 1, 2015, ‘‘(1) IN GENERAL.—The amount established ‘‘(ii) 4 times the individual’s average week- the lesser of— in an account under subsection (a) shall be ly benefit amount for the benefit year.’’. ‘‘(i) 12 percent of the total amount of reg- equal to— (3) THIRD TIER.—Section 4002(d) of the Sup- ular compensation (including dependents’ al- ‘‘(A) for an account established after De- plemental Appropriations Act, 2008 (26 U.S.C. lowances) payable to the individual during cember 28, 2013, and before March 30, 2014, the 3304 note; Public Law 110–252) is amended— the individual’s benefit year under such law; lesser of— (A) in paragraph (1), by striking subpara- ‘‘(i) 54 percent of the total amount of reg- graphs (A) and (B) and inserting the fol- or ular compensation (including dependents’ al- lowing: ‘‘(ii) 3 times the individual’s average week- lowances) payable to the individual during ‘‘(A) for an account established under sub- ly benefit amount for the benefit year.’’; and the individual’s benefit year under such law; section (a) after December 28, 2013, and be- (B) by striking paragraph (5). or fore March 30, 2014, the lesser of— (c) FUNDING.—Section 4004(e)(1) of the Sup- ‘‘(ii) 14 times the individual’s average ‘‘(i) 35 percent of the total amount of reg- plemental Appropriations Act, 2008 (Public weekly benefit amount for the benefit year; ular compensation (including dependents’ al- Law 110–252; 26 U.S.C. 3304 note) is amended— ‘‘(B) for an account established after lowances) payable to the individual during (1) in subparagraph (I), by striking ‘‘and’’ March 29, 2014, and before June 29, 2014, the the individual’s benefit year under such law; at the end; lesser of— or (2) in subparagraph (J), by inserting ‘‘and’’ ‘‘(i) 43 percent of the total amount of reg- ‘‘(ii) 9 times the individual’s average week- at the end; and ular compensation (including dependents’ al- ly benefit amount for the benefit year; (3) by inserting after subparagraph (J) the lowances) payable to the individual during ‘‘(B) for an account established under sub- following: the individual’s benefit year under such law; section (a) after March 29, 2014, and before ‘‘(K) the amendments made by subsections or June 29, 2014, the lesser of— (a) and (b) of section 2 of the Emergency Un- ‘‘(ii) 11 times the individual’s average ‘‘(i) 27 percent of the total amount of reg- employment Compensation Extension Act;’’. weekly benefit amount for the benefit year; ular compensation (including dependents’ al- (d) EFFECTIVE DATE.—The amendments ‘‘(C) for an account established after June lowances) payable to the individual during made by this section shall apply to weeks of 28, 2014, and before September 27, 2014, the the individual’s benefit year under such law; unemployment beginning on or after Decem- lesser of— or ber 29, 2013.

VerDate Mar 15 2010 03:09 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A08JA6.021 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE S150 CONGRESSIONAL RECORD — SENATE January 8, 2014 SEC. 3. DISQUALIFICATION ON RECEIPT OF DIS- SEC. 5. LIMITATION ON PAYMENT OF PORTION ‘‘(1)(A) an analysis of the anticipated bene- ABILITY INSURANCE BENEFITS IN A OF PREMIUM BY FEDERAL CROP IN- fits and costs of the rule, which shall be MONTH FOR WHICH UNEMPLOY- SURANCE CORPORATION. quantified to the extent feasible; MENT COMPENSATION IS RECEIVED. Section 508(e) of the Federal Crop Insur- ‘‘(B) an analysis of the benefits and costs (a) IN GENERAL.—Section 223(d)(4) of the ance Act (7 U.S.C. 1508(e)) is amended by add- of a reasonable number of regulatory alter- Social Security Act (42 U.S.C. 423(d)(4)) is ing at the end the following: natives within the range of the agency’s dis- amended by adding at the end the following: ‘‘(8) LIMITATION.— cretion under the statute authorizing the ‘‘(A) IN GENERAL.—Notwithstanding any ‘‘(C)(i) If for any month an individual is en- rule, including alternatives that— other provision of this title, the total titled to unemployment compensation, such ‘‘(i) require no action by the Federal Gov- amount of premium paid by the Corporation individual shall be deemed to have engaged ernment; and on behalf of a person or legal entity, directly in substantial gainful activity for such ‘‘(ii) use incentives and market-based or indirectly, with respect to all policies month. means to encourage the desired behavior, issued to the person or legal entity under ‘‘(ii) For purposes of clause (i), the term provide information upon which choices can this title for a crop year shall be limited to ‘unemployment compensation’ means— be made by the public, or employ other flexi- a maximum of $50,000. ‘‘(I) ‘regular compensation’, ‘extended ble regulatory options that permit the great- ‘‘(B) RELATIONSHIP TO OTHER LAW.—To the compensation’, and ‘additional compensa- est flexibility in achieving the objectives of maximum extent practicable, the Corpora- tion’ (as such terms are defined by section the statutory provision authorizing the rule; tion shall carry out this paragraph in ac- 205 of the Federal-State Extended Unemploy- and cordance with sections 1001 through 1001F of ment Compensation Act (26 U.S.C. 3304 ‘‘(C) an explanation that the rule meets the Food Security Act of 1985 (7 U.S.C. 1308 note)); and the requirements of section 205; et seq.).’’. ‘‘(II) trade adjustment assistance under ‘‘(2) an assessment of the extent to which— title II of the Trade Act of 1974 (19 U.S.C. 2251 ‘‘(A) the costs to State, local and tribal et seq.).’’. SA 2621. Mr. PORTMAN submitted an amendment intended to be proposed by governments may be paid with Federal fi- (b) TRIAL WORK PERIOD.—Section 222(c) of nancial assistance (or otherwise paid for by the Social Security Act (42 U.S.C. 422(c)) is him to the bill S. 1845, to provide for the Federal Government); and amended by adding at the end the following: the extension of certain unemployment ‘‘(B) there are available Federal resources ‘‘(6)(A) For purposes of this subsection, an benefits, and for other purposes; which to carry out the rule; individual shall be deemed to have rendered was ordered to lie on the table; as fol- ‘‘(3) estimates of— services in a month if the individual is enti- lows: ‘‘(A) any disproportionate budgetary ef- tled to unemployment compensation for such At the end, add the following: fects of the rule upon any particular regions month. of the Nation or particular State, local, or SEC. 7. UNFUNDED MANDATES ACCOUNTABILITY. ‘‘(B) For purposes of subparagraph (A), the tribal governments, urban or rural or other (a) FINDINGS.—Congress finds the fol- term ‘unemployment compensation’ means— lowing: types of communities, or particular seg- ‘‘(i) ‘regular compensation’, ‘extended com- (1) The public has a right to know the ben- ments of the private sector; and pensation’, and ‘additional compensation’ (as efits and costs of regulation. Effective regu- ‘‘(B) the effect of the rule on job creation such terms are defined by section 205 of the latory programs provide important benefits or job loss, which shall be quantified to the Federal-State Extended Unemployment to the public, including protecting the envi- extent feasible; and Compensation Act (26 U.S.C. 3304 note)); and ronment, worker safety, and human health. ‘‘(4)(A) a description of the extent of the ‘‘(ii) trade adjustment assistance under Regulations also impose significant costs on agency’s prior consultation with elected rep- title II of the Trade Act of 1974 (19 U.S.C. 2251 individuals, employers, State, local, and resentatives (under section 204) of the af- et seq.).’’. tribal governments, diverting resources from fected State, local, and tribal governments; ATA MATCHING.—The Commissioner of (c) D other important priorities. ‘‘(B) a summary of the comments and con- Social Security shall implement the amend- (2) Better regulatory analysis and review cerns that were presented by State, local, or ments made by this section using appro- should improve the quality of agency deci- tribal governments either orally or in writ- priate electronic data. sions, increasing the benefits and reducing ing to the agency; and (d) EFFECTIVE DATE.—The amendments unwarranted costs of regulation. ‘‘(C) a summary of the agency’s evaluation made by this section shall apply with respect (3) Disclosure and scrutiny of key informa- of those comments and concerns.’’; to months after December 2013. tion underlying agency decisions should (D) in subsection (d) (as redesignated by SEC. 4. SOCIAL SECURITY NUMBER REQUIRED TO make Government more accountable to the subparagraph (B)), by striking ‘‘subsection CLAIM THE REFUNDABLE PORTION public it serves. (a)’’ and inserting ‘‘subsection (b)’’; and OF THE CHILD TAX CREDIT. (E) in subsection (e) (as redesignated by (b) REGULATORY IMPACT ANALYSES FOR subparagraph (B)), by striking ‘‘subsection (a) IN GENERAL.—Subsection (d) of section CERTAIN RULES.— (a)’’ each place that term appears and insert- 24 of the Internal Revenue Code of 1986 is (1) REGULATORY IMPACT ANALYSES FOR CER- ing ‘‘subsection (b)’’. amended by adding at the end the following TAIN RULES.—Section 202 of the Unfunded new paragraph: Mandates Reform Act of 1995 (2 U.S.C. 1532) is (2) TECHNICAL AND CONFORMING AMEND- ‘‘(5) IDENTIFICATION REQUIREMENT WITH RE- amended— MENT.—The table of sections for the Un- SPECT TO TAXPAYER— (A) by striking the section heading and in- funded Mandates Reform Act of 1995 is ‘‘(A) IN GENERAL.—Paragraph (1) shall not serting the following: amended by striking the item relating to section 202 and inserting the following: apply to any taxpayer for any taxable year ‘‘SEC. 202. REGULATORY IMPACT ANALYSES FOR unless the taxpayer includes the taxpayer’s CERTAIN RULES.’’; ‘‘Sec. 202. Regulatory impact analyses for Social Security number on the return of tax (B) by redesignating subsections (b) and (c) certain rules.’’. for such taxable year. as subsections (d) and (e), respectively; (c) LEAST BURDENSOME OPTION OR EXPLA- ‘‘(B) JOINT RETURNS.—In the case of a joint (C) by striking subsection (a) and inserting NATION REQUIRED.—Section 205 of the Un- return, the requirement of subparagraph (A) the following: funded Mandates Reform Act of 1995 (2 U.S.C. shall be treated as met if the Social Security ‘‘(a) DEFINITION.—In this section, the term 1535) is amended by striking section 205 and number of either spouse is included on such ‘cost’ means the cost of compliance and any inserting the following: return.’’. reasonably foreseeable indirect costs, includ- ‘‘SEC. 205. LEAST BURDENSOME OPTION OR EX- (b) OMISSION TREATED AS MATHEMATICAL OR ing revenues lost as a result of an agency PLANATION REQUIRED. CLERICAL ERROR.—Subparagraph (I) of sec- rule subject to this section. ‘‘Before promulgating any proposed or tion 6213(g)(2) of the Internal Revenue Code ‘‘(b) IN GENERAL.—Before promulgating final rule for which a regulatory impact of 1986 is amended to read as follows: any proposed or final rule that may have an analysis is required under section 202, the ‘‘(I) an omission of a correct Social Secu- annual effect on the economy of $100,000,000 agency shall— rity number required under section 24(d)(5) or more (adjusted for inflation), or that may ‘‘(1) identify and consider a reasonable (relating to refundable portion of child tax result in the expenditure by State, local, and number of regulatory alternatives within the credit), or a correct TIN under section 24(e) tribal governments, in the aggregate, of range of the agency’s discretion under the (relating to child tax credit), to be included $100,000,000 or more (adjusted for inflation) in statute authorizing the rule, including alter- on a return,’’. any 1 year, each agency shall prepare and natives required under section 202(b)(1)(B); (c) CONFORMING AMENDMENT.—Subsection publish in the Federal Register an initial and and (e) of section 24 of the Internal Revenue Code final regulatory impact analysis. The initial ‘‘(2) from the alternatives described under of 1986 is amended by inserting ‘‘With Re- regulatory impact analysis shall accompany paragraph (1), select the least costly, most spect to Qualifying Children’’ after ‘‘Identi- the agency’s notice of proposed rulemaking cost-effective, or least burdensome alter- fication Requirement’’ in the heading there- and shall be open to public comment. The native that achieves the objectives of the of, final regulatory impact analysis shall ac- statute.’’. (d) EFFECTIVE DATE.—The amendments company the final rule. (d) INCLUSION OF APPLICATION TO INDE- made by this section shall apply to taxable ‘‘(c) CONTENT.—The initial and final regu- PENDENT REGULATORY AGENCIES.— years beginning after the date of the enact- latory impact analysis under subsection (b) (1) IN GENERAL.—Section 421(1) of the Con- ment of this Act. shall include— gressional Budget and Impoundment Control

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Act of 1974 (2 U.S.C. 658(1)) is amended by ‘‘(1) IN GENERAL.—Subsection (a) shall not (1) IN GENERAL.—Subsection (c) of section striking ‘‘, but does not include independent apply to wages paid by a qualified employer 3221 of the Internal Revenue Code of 1986 is regulatory agencies’’. with respect to employment during the ap- amended to read as follows: (2) EXEMPTION FOR MONETARY POLICY.—The plicable period of any long-term unemployed ‘‘(c) SPECIAL RULE FOR LONG-TERM UNEM- Unfunded Mandates Reform Act of 1995 (2 individual for services performed— PLOYED INDIVIDUALS.— U.S.C. 1501 et seq.) is amended by inserting ‘‘(A) in a trade or business of such em- ‘‘(1) IN GENERAL.—In the case of compensa- after section 5 the following: ployer, or tion paid by an employer during the applica- ‘‘SEC. 6. EXEMPTION FOR MONETARY POLICY. ‘‘(B) in the case of an employer exempt ble period, with respect to having a long- ‘‘Nothing in title II, III, or IV shall apply from taxation under section 501(a), in fur- term unemployed individual in the employ- to rules that concern monetary policy pro- therance of activities related to the purpose er’s employ for services rendered to such em- posed or implemented by the Board of Gov- or function constituting the basis of the em- ployer, the applicable percentage under sub- ernors of the Federal Reserve System or the ployer’s exemption under section 501. section (a) shall be equal to the rate of tax Federal Open Market Committee.’’. ‘‘(2) QUALIFIED EMPLOYER.—For purposes of in effect under section 3111(b) for the cal- (e) JUDICIAL REVIEW.—The Unfunded Man- this subsection— endar year. dates Reform Act of 1995 is amended by ‘‘(A) IN GENERAL.—The term ‘qualified em- ‘‘(2) QUALIFIED EMPLOYER.—For purposes of striking section 401 (2 U.S.C. 1571) and insert- ployer’ means any employer other than the this subsection, the term ‘qualified em- ing the following: United States, any State, or any political ployer’ means any employer other than the ‘‘SEC. 401. JUDICIAL REVIEW. subdivision thereof, or any instrumentality United States, any State, or any political ‘‘(a) IN GENERAL.—For any rule subject to of the foregoing. subdivision thereof, or any instrumentality section 202, a party aggrieved by final agency ‘‘(B) TREATMENT OF EMPLOYEES OF POST- of the foregoing. action is entitled to judicial review of an SECONDARY EDUCATIONAL INSTITUTIONS.—Not- ‘‘(3) LONG-TERM UNEMPLOYED INDIVIDUAL.— agency’s analysis under and compliance with withstanding subparagraph (A), the term For purposes of this subsection, the term subsections (b)and (c)(1) of section 202 and ‘qualified employer’ includes any employer ‘long-term unemployed individual’ means, section 205. The scope of review shall be gov- which is a public institution of higher edu- with respect to any employer, an individual erned by chapter 7 of title 5, United States cation (as defined in section 101(b) of the who— Code. Higher Education Act of 1965). ‘‘(A) begins employment with such em- ‘‘(b) JURISDICTION.—Each court having ju- ‘‘(3) LONG-TERM UNEMPLOYED INDIVIDUAL.— ployer after the date of the enactment of the risdiction to review a rule subject to section For purposes of this subsection, the term Solutions to Long-Term Unemployment Act, 202 for compliance with section 553 of title 5, ‘long-term unemployed individual’ means, and United States Code, or under any other pro- with respect to any employer, an individual ‘‘(B) has been unemployed for 27 weeks or vision of law, shall have jurisdiction to re- who— longer, as determined by the Secretary of view any claims brought under subsection (a) ‘‘(A) begins employment with such em- Labor, immediately before the date such em- of this section. ployer after the date of the enactment of the ployment begins. ‘‘(c) RELIEF AVAILABLE.—In granting relief Solutions to Long-Term Unemployment Act, ‘‘(4) APPLICABLE PERIOD.—The term ‘appli- in an action under this section, the court and cable period’ means the period beginning on shall order the agency to take remedial ac- ‘‘(B) has been unemployed for 27 weeks or the date of the enactment of the Solutions to tion consistent with chapter 7 of title 5, longer, as determined by the Secretary of Long-Term Unemployment Act, and ending United States Code, including remand and Labor, immediately before the date such em- on the earlier of— vacatur of the rule.’’. ployment begins. ‘‘(A) the date that is 2 years after such (f) EFFECTIVE DATE.—This section shall ‘‘(4) APPLICABLE PERIOD.—The term ‘appli- date of enactment, or take effect 90 days after the date of enact- cable period’ means the period beginning on ‘‘(B) the first day of the first month after ment of this Act. the date of the enactment of the Solutions to the date on which the Secretary of Labor Long-Term Unemployment Act, and ending certifies that the total number of individuals SA 2622. Mr. THUNE (for himself, Mr. on the earlier of— in the United States who have been unem- CHAMBLISS, and Mrs. FISCHER) sub- ‘‘(A) the date that is 2 years after such ployed for 27 weeks or longer is less than mitted an amendment intended to be date of enactment, or 2,000,000. proposed by him to the bill S. 1845, to ‘‘(B) the first day of the first month after ‘‘(5) ELECTION.—An employer may elect to provide for the extension of certain un- the date on which the Secretary of Labor have this subsection not apply. Such election certifies that the total number of individuals shall be made in such manner as the Sec- employment benefits, and for other in the United States who have been unem- retary may require.’’. purposes; which was ordered to lie on ployed for 27 weeks or longer is less than (2) TRANSFERS TO SOCIAL SECURITY EQUIVA- the table; as follows: 2,000,000. LENT BENEFIT ACCOUNT.—There are hereby Strike all after the enacting clause and in- ‘‘(5) ELECTION.—An employer may elect to appropriated to the Social Security Equiva- sert the following: have this subsection not apply. Such election lent Benefit Account established under sec- SECTION 1. SHORT TITLE. shall be made in such manner as the Sec- tion 15A(a) of the Railroad Retirement Act This Act may be cited as the ‘‘Solutions to retary may require.’’. of 1974 (45 U.S.C. 231n-1(a)) amounts equal to Long-Term Unemployment Act’’. (b) COORDINATION WITH WORK OPPORTUNITY the reduction in revenues to the Treasury by CREDIT.—Section 51(c)(5) of the Internal Rev- TITLE I—EXEMPTION FROM AFFORDABLE reason of the amendments made by para- enue Code of 1986 is amended to read as fol- CARE ACT MANDATE FOR LONG-TERM graph (1). Amounts appropriated by the pre- lows: UNEMPLOYED ceding sentence shall be transferred from the ‘‘(5) COORDINATION WITH PAYROLL TAX FOR- general fund at such times and in such man- SEC. 101. LONG-TERM UNEMPLOYED INDIVID- GIVENESS.—The term ‘wages’ shall not in- ner as to replicate to the extent possible the UALS NOT TAKEN INTO ACCOUNT clude any amount paid or incurred to a long- FOR EMPLOYER HEALTH CARE COV- transfers which would have occurred to such ERAGE MANDATE. term unemployed individual (as defined in Account had such amendments not been en- (a) IN GENERAL.—Paragraph (4) of section section 3111(d)(3)) during the 1-year period acted. 4980H(c) of the Internal Revenue Code of 1986 beginning on the hiring date of such indi- (e) EFFECTIVE DATES.— is amended by adding at the end the fol- vidual by a qualified employer (as defined in (1) IN GENERAL.—Except as provided in lowing new subparagraph: section 3111(d)) unless such qualified em- paragraph (2), the amendments made by this ‘‘(C) EXCEPTION FOR LONG-TERM UNEM- ployer makes an election not to have section subsection shall apply to wages paid after PLOYED INDIVIDUALS.—The term ‘full-time 3111(d) apply.’’. the date of the enactment of this Act. (c) TRANSFERS TO FEDERAL OLD-AGE AND employee’ shall not include any individual (2) RAILROAD RETIREMENT TAXES.—The SURVIVORS INSURANCE TRUST FUND.—There who is a long-term unemployed individual amendments made by subsection (d) shall are hereby appropriated to the Federal Old- (as defined in section 3111(d)(3)) with respect apply to compensation paid after the date of Age and Survivors Trust Fund and the Fed- to such employer.’’. the enactment of this Act. eral Disability Insurance Trust Fund estab- (b) EFFECTIVE DATE.—The amendment TITLE III—EMPLOYMENT RELOCATION lished under section 201 of the Social Secu- made by this section shall apply to months LOANS rity Act (42 U.S.C. 401) amounts equal to the beginning after December 31, 2013. reduction in revenues to the Treasury by SEC. 301. EMPLOYMENT RELOCATION LOANS. TITLE II—EMPLOYER PAYROLL TAX reason of the amendments made by sub- (a) LOANS AUTHORIZED.—From amounts HOLIDAY FOR LONG-TERM UNEMPLOYED section (a). Amounts appropriated by the made available to carry out this section, the SEC. 201. EMPLOYER PAYROLL TAX HOLIDAY FOR preceding sentence shall be transferred from Secretary may issue loans, with the interest LONG-TERM UNEMPLOYED INDIVID- the general fund at such times and in such rates, terms, and conditions provided in this UALS. manner as to replicate to the extent possible section, to long-term unemployed individ- (a) IN GENERAL.—Subsection (d) of section the transfers which would have occurred to uals selected from applications submitted 3111 of the Internal Revenue Code of 1986 is such Trust Fund had such amendments not under subsection (b)(1), in order to enable amended to read as follows: been enacted. each selected individual to relocate to— ‘‘(d) SPECIAL RULE FOR LONG-TERM UNEM- (d) APPLICATION TO RAILROAD RETIREMENT (1) a residence more than 50 miles away PLOYED INDIVIDUALS.— TAXES.— from the individual’s initial residence, to

VerDate Mar 15 2010 03:09 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A08JA6.027 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE S152 CONGRESSIONAL RECORD — SENATE January 8, 2014 allow such individual to begin a new job for TITLE IV—SUPPORTING KNOWLEDGE AND (9) in paragraph (10)(C) (as so redesig- which the individual has received and ac- INVESTING IN LIFELONG SKILLS nated), by striking ‘‘not less than 50 percent cepted an offer of employment; or SEC. 401. SHORT TITLE. of the cost of the training’’ and inserting ‘‘a (2) a residence in a State or metropolitan This title may be cited as the ‘‘Supporting significant portion of the cost of training, as area that— Knowledge and Investing in Lifelong Skills determined by the local board involved (or, (A) is not the State or metropolitan area of Act’’ or the ‘‘SKILLS Act’’. in the case of an employer in multiple local the individual’s initial residence; and SEC. 402. REFERENCES. areas in the State, as determined by the (B) has an unemployment rate that is 2 or Except as otherwise expressly provided, Governor), taking into account the size of more percentage points less than the unem- wherever in this title an amendment or re- the employer and such other factors as the ployment rate of the State or metropolitan peal is expressed in terms of an amendment local board or Governor, respectively, deter- area, respectively, of the individual’s initial to, or repeal of, a section or other provision, mines to be appropriate’’; residence. the amendment or repeal shall be considered (10) in paragraph (11) (as so redesignated)— (b) SELECTION PROCESS AND ELIGIBILITY.— to be made to a section or other provision of (A) in subparagraph (A)(ii)(II), by striking (1) APPLICATION.—A long-term unemployed the Workforce Investment Act of 1998 (29 ‘‘section 134(c)’’ and inserting ‘‘section individual who desires a loan under this sec- U.S.C. 2801 et seq.). 121(e)’’; tion shall submit to the Secretary an appli- SEC. 403. APPLICATION TO FISCAL YEARS. (B) in subparagraph (B)(iii)— cation at such time, in such manner, and Except as otherwise provided, this title (i) by striking ‘‘134(d)(4)’’ and inserting containing such information as the Sec- and the amendments made by this title shall ‘‘134(c)(4)’’; and retary may require. apply with respect to fiscal year 2015 and (ii) by striking ‘‘intensive services de- succeeding fiscal years. (2) LIMITED ELIGIBILITY.—A long-term un- scribed in section 134(d)(3)’’ and inserting employed individual may receive only 1 loan Subtitle A—Amendment to the Workforce ‘‘work ready services described in section under this section. Investment Act of 1998 134(c)(2)’’; (c) LOAN TERMS.—A loan issued under this CHAPTER 1—WORKFORCE INVESTMENT (C) in subparagraph (C), by striking ‘‘or’’ section to a long-term unemployed indi- DEFINITIONS after the semicolon; vidual shall be— SEC. 406. DEFINITIONS. (D) in subparagraph (D), by striking the pe- (1) in an amount of $10,000 or less; and Section 101 (29 U.S.C. 2801) is amended— riod and inserting ‘‘; or’’; and (2) evidenced by a note or other written (1) by striking paragraph (2) and inserting (E) by adding at the end the following: agreement that— the following: ‘‘(E)(i) is the spouse of a member of the (A) provides for repayment of the principal ‘‘(2) ADULT EDUCATION AND FAMILY LIT- Armed Forces on active duty for a period of amount of the loan in installments over a 10- ERACY EDUCATION ACTIVITIES.—The term more than 30 days (as defined in section year period beginning on the date on which ‘adult education and family literacy edu- 101(d)(2) of title 10, United States Code) who the loan is issued, except that no install- cation activities’ has the meaning given the has experienced a loss of employment as a di- ments shall be required for the first year of term in section 203.’’; rect result of relocation to accommodate a the loan period; (2) by striking paragraphs (13) and (24); permanent change in duty station of such (B) provides for interest to be calculated (3) by redesignating paragraphs (1) through member; or and accrue on the loan at the rate deter- (12) as paragraphs (3) through (14), and para- ‘‘(ii) is the spouse of a member of the mined under subsection (d); and graphs (14) through (23) as paragraphs (15) Armed Forces on active duty (as defined in (C) allows such individual to accelerate, through (24), respectively; section 101(d)(1) of title 10, United States without penalty, the repayment of the whole (4) by striking paragraphs (52) and (53); Code) who meets the criteria described in or any part of the loan. (5) by inserting after ‘‘In this title:’’ the paragraph (12)(B).’’; following new paragraphs: (d) INTEREST RATE.—The interest rate for a (11) in paragraph (12)(A) (as redesignated)— ‘‘(1) ACCRUED EXPENDITURES.—The term loan issued under this section shall— (A) by striking ‘‘and’’ after the semicolon ‘accrued expenditures’ means— (1) be the rate equal to the high yield of and inserting ‘‘or’’; ‘‘(A) charges incurred by recipients of the 10-year Treasury note auctioned at the (B) by striking ‘‘(A)’’ and inserting funds under this title for a given period re- final auction held prior to the date on which ‘‘(A)(i)’’; and quiring the provision of funds for goods or the loan is issued; and (C) by adding at the end the following: other tangible property received; (2) be a fixed interest rate for the period of ‘‘(ii) is the spouse of a member of the ‘‘(B) charges incurred for services per- the loan. Armed Forces on active duty for a period of formed by employees, contractors, sub- more than 30 days (as defined in section (e) LOAN FORGIVENESS.—Notwithstanding grantees, subcontractors, and other payees; 101(d)(2) of title 10, United States Code) subsection (c)(2)(A), the Secretary may for- and whose family income is significantly reduced give the remaining amount of interest and ‘‘(C) other amounts becoming owed, under principal due on a loan made under this sec- programs assisted under this title, for which because of a deployment (as defined in sec- tion to a long-term unemployed individual no current services or performance is re- tion 991(b) of title 10, United States Code, or for the purpose described in subsection (a)(1) quired, such as amounts for annuities, insur- pursuant to paragraph (4) of such section), a in any case where the new job for which the ance claims, and other benefit payments. call or order to active duty pursuant to a individual relocates is eliminated within the provision of law referred to in section ‘‘(2) ADMINISTRATIVE COSTS.—The term ‘ad- first year of the individual’s employment ministrative costs’ means expenditures in- 101(a)(13)(B) of title 10, United States Code, a through no fault of the individual. curred by State boards and local boards, di- permanent change of station, or the service- (f) DEFINITIONS.—In this section: rect recipients (including State grant recipi- connected (as defined in section 101(16) of (1) INITIAL RESIDENCE.—The term ‘‘initial ents under subtitle B and recipients of title 38, United States Code) death or dis- residence’’, when used with respect to a long- awards under subtitles C and D), local grant ability of the member; and’’; term individual applying for a loan under recipients, local fiscal agents or local grant (12) in paragraph (13) (as so redesignated), this section, means the location where the subrecipients, and one-stop operators in the by inserting ‘‘or regional’’ after ‘‘local’’ each individual resides as of the day before the performance of administrative functions and place it appears; loan is issued. in carrying out activities under this title (13) in paragraph (14) (as so redesignated)— (2) LONG-TERM UNEMPLOYED INDIVIDUAL.— that are not related to the direct provision (A) in subparagraph (A), by striking ‘‘sec- The term ‘‘long-term unemployed indi- of workforce investment activities (includ- tion 122(e)(3)’’ and inserting ‘‘section 122’’; vidual’’ means an individual who resides in a ing services to participants and employers). (B) by striking subparagraph (B), and in- State and who has been unemployed for 27 Such costs include both personnel and non- serting the following: consecutive weeks or more, as determined by personnel expenditures and both direct and ‘‘(B) work ready services, means a provider the Secretary. indirect expenditures.’’; who is identified or awarded a contract as (3) SECRETARY.—The term ‘‘Secretary’’ (6) in paragraph (3) (as so redesignated), by described in section 117(d)(5)(C); or’’; means the Secretary of Labor. striking ‘‘Except in sections 127 and 132, the’’ (C) by striking subparagraph (C); and (4) STATES.—The term ‘‘State’’ means each and inserting ‘‘The’’; (D) by redesignating subparagraph (D) as of the several States of the United States (7) by amending paragraph (5) (as so redes- subparagraph (C); and the District of Columbia. ignated) to read as follows: (14) in paragraph (15) (as so redesignated), (g) LIMITED AUTHORITY.—The Secretary’s ‘‘(5) AREA CAREER AND TECHNICAL EDU- by striking ‘‘adult or dislocated worker’’ and authority to issue loans under subsection (a) CATION SCHOOL.—The term ‘area career and inserting ‘‘individual’’; shall terminate on the earlier of— technical education school’ has the meaning (15) in paragraph (20), by striking ‘‘The’’ (1) the date that is 2 years after the date of given the term in section 3(3) of the Carl D. and inserting ‘‘Subject to section enactment of this Act; or Perkins Career and Technical Education Act 116(a)(1)(E), the’’; (2) the date that is 1 month after the date of 2006 (20 U.S.C. 2302(3)).’’; (16) in paragraph (25)— on which the Secretary determines that the (8) in paragraph (6) (as so redesignated), by (A) in subparagraph (B), by striking ‘‘high- total number of long-term unemployed indi- inserting ‘‘(or such other level as the Gov- er of—’’ and all that follows through clause viduals in the United States is less than ernor may establish)’’ after ‘‘8th grade (ii) and inserting ‘‘poverty line for an equiva- 2,000,000. level’’; lent period;’’;

VerDate Mar 15 2010 03:09 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A08JA6.023 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE January 8, 2014 CONGRESSIONAL RECORD — SENATE S153 (B) by redesignating subparagraphs (D) ‘‘(A) the core indicators of performance de- ‘‘(I) members of the State legislature; through (F) as subparagraphs (E) through scribed in subclauses (I) through (IV) and ‘‘(II) representatives of individuals and or- (G), respectively; and (VI) of section 136(b)(2)(A)(i); ganizations that have experience with re- (C) by inserting after subparagraph (C) the ‘‘(B) a fixed amount that will be paid to an spect to youth activities; following: eligible provider of such employment and ‘‘(III) representatives of individuals and or- ‘‘(D) receives or is eligible to receive a free training activities for each program partici- ganizations that have experience and exper- or reduced price lunch under the Richard B. pant who, within a defined timetable, tise in the delivery of workforce investment Russell National School Lunch Act (42 U.S.C. achieves the agreed-to levels of performance activities, including chief executive officers 1751 et seq.);’’; based upon the core indicators of perform- of community colleges and community-based (17) in paragraph (32), by striking ‘‘the Re- ance described in subparagraph (A), and may organizations within the State; public of the Marshall Islands, the Federated include a bonus payment to such provider, ‘‘(IV) representatives of the lead State States of Micronesia,’’; which may be used to expand the capacity of agency officials with responsibility for the (18) by amending paragraph (33) to read as such provider; programs and activities that are described in follows: ‘‘(C) the ability for an eligible provider to section 121(b) and carried out by one-stop ‘‘(33) OUT-OF-SCHOOL YOUTH.—The term recoup the costs of providing the activities partners; or ‘out-of-school youth’ means— for a program participant who has not ‘‘(V) representatives of veterans service or- ‘‘(A) an at-risk youth who is a school drop- achieved those levels, but for whom the pro- ganizations.’’; and out; or vider is able to demonstrate that such par- (VI) by redesignating clause (vii) (as so ‘‘(B) an at-risk youth who has received a ticipant gained specific competencies re- amended) as clause (iv); and secondary school diploma or its recognized quired for education and career advancement (B) by amending paragraph (3) to read as equivalent but is basic skills deficient, un- that are, where feasible, tied to industry-rec- follows: employed, or underemployed.’’; ognized credentials and related standards, or ‘‘(3) MAJORITY.—A 2⁄3 majority of the mem- (19) in paragraph (38), by striking State licensing requirements; and bers of the board shall be representatives de- ‘‘134(a)(1)(A)’’ and inserting ‘‘134(a)(1)(B)’’; ‘‘(D) the ability for an eligible provider scribed in paragraph (1)(B)(i).’’; (20) in paragraph (41), by striking ‘‘, and that does not meet the requirements under (2) in subsection (c), by striking the term means such Secretary for purposes section 122(a)(2) to participate in such pay- ‘‘(b)(1)(C)(i)’’ and inserting ‘‘(b)(1)(B)(i)’’; of section 503’’; for-performance contract and to not be re- (3) by amending subsection (d) to read as (21) in paragraph (43), by striking ‘‘clause quired to report on the performance and cost follows: (iii) or (v) of section 136(b)(3)(A)’’ and insert- information required under section 122(d). ‘‘(d) FUNCTIONS.—The State board shall as- ing ‘‘section 136(b)(3)(A)(iii)’’; ‘‘(56) RECOGNIZED POSTSECONDARY CREDEN- sist the Governor of the State as follows: (22) by amending paragraph (49) to read as TIAL.—The term ‘recognized postsecondary ‘‘(1) STATE PLAN.—Consistent with section follows: credential’ means a credential awarded by a 112, the State board shall develop a State ‘‘(49) VETERAN.—The term ‘veteran’ has the provider of training services or postsec- plan. same meaning given the term in section ondary educational institution based on ‘‘(2) STATEWIDE WORKFORCE DEVELOPMENT 2108(1) of title 5, United States Code.’’; completion of all requirements for a program SYSTEM.—The State board shall review and (23) by amending paragraph (50) to read as of study, including coursework or tests or develop statewide policies and programs in follows: other performance evaluations. The term the State in a manner that supports a com- ‘‘(50) CAREER AND TECHNICAL EDUCATION.— means an industry-recognized credential, a prehensive statewide workforce development The term ‘career and technical education’ certificate of completion of a registered ap- system that will result in meeting the work- has the meaning given the term in section 3 prenticeship program, or an associate or bac- force needs of the State and its local areas. of the Carl D. Perkins Career and Technical calaureate degree from an institution de- Such review shall include determining Education Act of 2006 (20 U.S.C. 2302).’’; scribed in section 122(a)(2)(A)(i). whether the State should consolidate addi- (24) in paragraph (51), by striking ‘‘, and a ‘‘(57) REGISTERED APPRENTICESHIP PRO- tional amounts for additional activities or youth activity’’; and GRAM.—The term ‘registered apprenticeship programs into the Workforce Investment (25) by adding at the end the following: program’ means a program described in sec- Fund in accordance with section 501(e). ‘‘(52) AT-RISK YOUTH.—Except as provided tion 122(a)(2)(B).’’. ‘‘(3) WORKFORCE AND LABOR MARKET INFOR- in subtitle C, the term ‘at-risk youth’ means CHAPTER 2—STATEWIDE AND LOCAL MATION SYSTEM.—The State board shall de- an individual who— WORKFORCE INVESTMENT SYSTEMS velop a statewide workforce and labor mar- ket information system described in section ‘‘(A) is not less than age 16 and not more SEC. 411. PURPOSE. 15(e) of the Wagner-Peyser Act (29 U.S.C. 49l– than age 24; Section 106 (29 U.S.C. 2811) is amended by 2(e)), which may include using information ‘‘(B) is a low-income individual; and adding at the end the following: ‘‘It is also ‘‘(C) is an individual who is one or more of the purpose of this subtitle to provide work- collected under Federal law other than this the following: force investment activities in a manner that Act by the State economic development en- ‘‘(i) A secondary school dropout. enhances employer engagement, promotes tity or a related entity in developing such ‘‘(ii) A youth in foster care (including customer choices in the selection of training system. youth aging out of foster care). services, and ensures accountability in the ‘‘(4) EMPLOYER ENGAGEMENT.—The State ‘‘(iii) A youth offender. use of taxpayer funds.’’. board shall develop strategies, across local ‘‘(iv) A youth who is an individual with a SEC. 412. STATE WORKFORCE INVESTMENT areas, that meet the needs of employers and disability. BOARDS. support economic growth in the State by en- ‘‘(v) A migrant youth. Section 111 (29 U.S.C. 2821) is amended— hancing communication, coordination, and ‘‘(53) INDUSTRY OR SECTOR PARTNERSHIP.— (1) in subsection (b)— collaboration among employers, economic The term ‘industry or sector partnership’ (A) in paragraph (1)— development entities, and service providers. means a partnership of— (i) by striking subparagraph (B); ‘‘(5) DESIGNATION OF LOCAL AREAS.—The ‘‘(A) a State board or local board; and (ii) by redesignating subparagraph (C) as State board shall designate local areas as re- ‘‘(B) one or more industry or sector organi- subparagraph (B); and quired under section 116. zations, and other entities, that have the ca- (iii) in subparagraph (B) (as so redesig- ‘‘(6) ONE-STOP DELIVERY SYSTEM.—The pability to help the State board or local nated)— State board shall identify and disseminate board determine the immediate and long- (I) by amending clause (i)(I), by striking information on best practices for effective term skilled workforce needs of in-demand ‘‘section 117(b)(2)(A)(i)’’ and inserting ‘‘sec- operation of one-stop centers, including use industries or sectors and other occupations tion 117(b)(2)(A)’’; of innovative business outreach, partner- important to the State or local economy, re- (II) by amending clause (i)(II) to read as ships, and service delivery strategies. spectively. follows: ‘‘(7) PROGRAM OVERSIGHT.—The State board ‘‘(54) INDUSTRY-RECOGNIZED CREDENTIAL.— ‘‘(II) represent businesses, including large shall conduct the following program over- The term ‘industry-recognized credential’ and small businesses, each of which has im- sight: means a credential that is sought or accept- mediate and long-term employment opportu- ‘‘(A) Reviewing and approving local plans ed by companies within the industry sector nities in an in-demand industry or other oc- under section 118. involved, across multiple States, as recog- cupation important to the State economy; ‘‘(B) Ensuring the appropriate use and nized, preferred, or required for recruitment, and’’; management of the funds provided for State screening, or hiring and is awarded for com- (III) by striking clause (iii) and inserting employment and training activities author- pletion of a program listed or identified the following: ized under section 134. under subsection (d) or (i) of section 122, for ‘‘(iii) a State agency official responsible ‘‘(C) Preparing an annual report to the the local area involved. for economic development; and’’; Secretary described in section 136(d). ‘‘(55) PAY-FOR-PERFORMANCE CONTRACT (IV) by striking clauses (iv) through (vi); ‘‘(8) DEVELOPMENT OF PERFORMANCE MEAS- STRATEGY.—The term ‘pay-for-performance (V) by amending clause (vii) to read as fol- URES.—The State board shall develop and en- contract strategy’ means a strategy in which lows: sure continuous improvement of comprehen- a pay-for-performance contract to provide a ‘‘(vii) such other representatives and State sive State performance measures, including program of employment and training activi- agency officials as the Governor may des- State adjusted levels of performance, as de- ties incorporates provisions regarding— ignate, including— scribed under section 136(b).’’;

VerDate Mar 15 2010 03:09 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A08JA6.023 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE S154 CONGRESSIONAL RECORD — SENATE January 8, 2014 (4) by striking subsection (e) and redesig- (I) in clause (ii)— for encouraging regional cooperation within nating subsection (f) as subsection (e); (aa) by striking ‘‘to dislocated workers’’; the State and across State borders, as appro- (5) in subsection (e) (as so redesignated), by and priate; inserting ‘‘or participate in any action (bb) by inserting ‘‘and additional assist- ‘‘(21) a description of the actions that will taken’’ after ‘‘vote’’; ance’’ after ‘‘rapid response activities’’; be taken by the State to foster communica- (6) by inserting after subsection (e) (as so (II) in clause (iii), by striking ‘‘134(d)(4)’’ tion, coordination, and partnerships with redesignated), the following: and inserting ‘‘134(c)(4)’’; nonprofit organizations (including public li- ‘‘(f) STAFF.—The State board may employ (III) by striking ‘‘and’’ at the end of clause braries, community, faith-based, and philan- staff to assist in carrying out the functions (iii); thropic organizations) that provide employ- described in subsection (d).’’; and (IV) by amending clause (iv) to read as fol- ment-related, training, and complementary (7) in subsection (g), by inserting ‘‘elec- lows: services, to enhance the quality and com- tronic means and’’ after ‘‘on a regular basis ‘‘(iv) how the State will serve the employ- prehensiveness of services available to par- through’’. ment and training needs of dislocated work- ticipants under this title; SEC. 413. STATE PLAN. ers (including displaced homemakers), low- ‘‘(22) a description of the process and meth- Section 112 (29 U.S.C. 2822)— income individuals (including recipients of odology for determining— (1) in subsection (a)— public assistance such as supplemental nu- ‘‘(A) one-stop partner program contribu- trition assistance program benefits pursuant tions for the costs of infrastructure of one- (A) by striking ‘‘127 or’’; and to the Food and Nutrition Act of 2008 (7 stop centers under section 121(h)(1); and (B) by striking ‘‘5-year strategy’’ and in- U.S.C. 2011 et seq.)), long-term unemployed ‘‘(B) the formula for allocating such infra- serting ‘‘3-year strategy’’; individuals (including individuals who have structure funds to local areas under section (2) in subsection (b)— exhausted entitlement to Federal and State 121(h)(3); (A) by amending paragraph (4) to read as unemployment compensation), English ‘‘(23) a description of the strategies and follows: learners, homeless individuals, individuals services that will be used in the State to as- ‘‘(4) information describing— training for nontraditional employment, sist at-risk youth and out-of-school youth in ‘‘(A) the economic conditions in the State; youth (including out-of-school youth and at- acquiring the education and skills, creden- ‘‘(B) the immediate and long-term skilled risk youth), older workers, ex-offenders, mi- tials (including recognized postsecondary workforce needs of in-demand industries, grant and seasonal farmworkers, refugees credentials, such as industry-recognized cre- small businesses, and other occupations im- and entrants, veterans (including disabled dentials), and employment experience to suc- portant to the State economy; and homeless veterans), and Native Ameri- ceed in the labor market, including— ‘‘(C) the knowledge and skills of the work- cans; and’’; and ‘‘(A) training and internships in in-demand force in the State; and (V) by adding at the end the following new industries or occupations important to the ‘‘(D) workforce development activities (in- clause: State and local economy; cluding education and training) in the ‘‘(v) how the State will— ‘‘(B) dropout recovery activities that are State;’’; ‘‘(I) consistent with section 188 and Execu- designed to lead to the attainment of a reg- (B) by amending paragraph (7) to read as tive Order No. 13217 (42 U.S.C. 12131 note), ular secondary school diploma or its recog- follows: serve the employment and training needs of nized equivalent, or other State-recognized ‘‘(7) a description of the State criteria for individuals with disabilities; and equivalent (including recognized alternative determining the eligibility of training serv- ‘‘(II) consistent with sections 504 and 508 of standards for individuals with disabilities); ices providers in accordance with section 122, the Rehabilitation Act of 1973 (29 U.S.C. 794, and including how the State will take into ac- 794d), include the provision of outreach, in- ‘‘(C) activities combining remediation of count the performance of providers and take, assessments, and service delivery, the academic skills, work readiness training, whether the training services relate to in-de- development of performance measures, the and work experience, and including linkages mand industries and other occupations im- training of staff, and other aspects of acces- to postsecondary education and training and portant to the State economy;’’; sibility for individuals with disabilities to career-ladder employment; and (C) by amending paragraph (8) to read as programs and services under this subtitle;’’; ‘‘(24) a description of— follows: and ‘‘(A) how the State will furnish employ- ‘‘(8)(A) a description of the procedures that (ii) in subparagraph (B), by striking ‘‘to ment, training, including training in ad- will be taken by the State to assure coordi- the extent practicable’’ and inserting ‘‘in ac- vanced manufacturing, supportive, and nation of, and avoid duplication among, the cordance with the requirements of the Jobs placement services to veterans, including programs and activities identified under sec- for Veterans Act (Public Law 107–288) and the disabled and homeless veterans; tion 501(b)(2); and amendments made by such Act’’; and ‘‘(B) the strategies and services that will ‘‘(B) a description of and an assurance re- (L) by striking paragraph (17) (as so redes- be used in the State to assist in and expedite garding common data collection and report- ignated) and inserting the following: reintegration of homeless veterans into the ing processes used for the programs and ac- ‘‘(17) a description of the strategies and labor force; and tivities described in subparagraph (A), which services that will be used in the State— ‘‘(C) the veterans population to be served are carried out by one-stop partners, includ- ‘‘(A) to more fully engage employers, in- in the State.’’; ing— cluding small businesses and employers in (3) in subsection (c), by striking ‘‘period, ‘‘(i) an assurance that such processes use in-demand industries and occupations impor- that—’’ and all that follows through para- quarterly wage records for performance tant to the State economy; graph (2) and inserting ‘‘period, that the plan measures described in section 136(b)(2)(A) ‘‘(B) to meet the needs of employers in the is inconsistent with the provisions of this that are applicable to such programs or ac- State; and title.’’; and tivities; or ‘‘(C) to better coordinate workforce devel- (4) in subsection (d), by striking ‘‘5-year’’ ‘‘(ii) if such wage records are not being opment programs with economic develop- and inserting ‘‘3-year’’. used for the performance measures, an iden- ment activities; SEC. 414. LOCAL WORKFORCE INVESTMENT tification of the barriers to using such wage ‘‘(18) a description of how the State board AREAS. records and a description of how the State will convene (or help to convene) industry or Section 116 (29 U.S.C. 2831) is amended— will address such barriers within 1 year of sector partnerships that lead to collabo- (1) in subsection (a)— the approval of the plan;’’; rative planning, resource alignment, and (A) by amending paragraph (1) to read as (D) in paragraph (9), by striking ‘‘, includ- training efforts across a targeted cluster of follows: ing comment by representatives of busi- multiple firms for a range of workers em- ‘‘(1) IN GENERAL.— nesses and representatives of labor organiza- ployed or potentially employed by the indus- ‘‘(A) PROCESS.—In order to receive an al- tions,’’; try or sector— lotment under section 132, a State, through (E) in paragraph (11), by striking ‘‘under ‘‘(A) to encourage industry growth and the State board, shall establish a process to sections 127 and 132’’ and inserting ‘‘under competitiveness and to improve worker designate local workforce investment areas section 132’’; training, retention, and advancement in the within the State. Such process shall— (F) by striking paragraph (12); industry or sector; ‘‘(i) support the statewide workforce devel- (G) by redesignating paragraphs (13) ‘‘(B) to address the immediate and long- opment system developed under section through (18) as paragraphs (12) through (17), term skilled workforce needs of in-demand 111(d)(2), enabling the system to meet the respectively; industries, small businesses, and other occu- workforce needs of the State and its local (H) in paragraph (12) (as so redesignated), pations important to the State economy; and areas; by striking ‘‘111(f)’’ and inserting ‘‘111(e)’’; ‘‘(C) to address critical skill gaps within ‘‘(ii) include consultation, prior to the des- (I) in paragraph (13) (as so redesignated), and across industries and sectors; ignation, with chief elected officials; by striking ‘‘134(c)’’ and inserting ‘‘121(e)’’; ‘‘(19) a description of how the State will ‘‘(iii) include consideration of comments (J) in paragraph (14) (as so redesignated), utilize technology, to facilitate access to received on the designation through the pub- by striking ‘‘116(a)(5)’’ and inserting services in remote areas, which may be used lic comment process as described in section ‘‘116(a)(3)’’; throughout the State; 112(b)(9); and (K) in paragraph (16) (as so redesignated)— ‘‘(20) a description of the State strategy ‘‘(iv) require the submission of an applica- (i) in subparagraph (A)— and assistance to be provided by the State tion for approval under subparagraph (B).

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‘‘(B) APPLICATION.—To obtain designation (i) in subparagraph (A)— by the local economic development entity or of a local area under this paragraph, a local (I) by striking ‘‘include—’’ and all that fol- related entity. or regional board (or consortia of local or re- lows through ‘‘representatives’’ and insert- ‘‘(3) EMPLOYER ENGAGEMENT.—The local gional boards) seeking to take responsibility ing ‘‘include representatives’’; board shall meet the needs of employers and for the area under this Act shall submit an (II) by striking clauses (ii) through (vi); support economic growth in the local area by application to a State board at such time, in (III) by redesignating subclauses (I) enhancing communication, coordination, such manner, and containing such informa- through (III) as clauses (i) through (iii), re- and collaboration among employers, eco- tion as the State board may require, includ- spectively (and by moving the margins of nomic development entities, and service pro- ing— such clauses 2 ems to the left); viders. ‘‘(i) a description of the local area, includ- (IV) by striking clause (ii) (as so redesig- ‘‘(4) BUDGET AND ADMINISTRATION.— ing the population that will be served by the nated) and inserting the following: ‘‘(A) BUDGET.— local area, and the education and training ‘‘(ii) represent businesses, including large ‘‘(i) IN GENERAL.—The local board shall de- needs of its employers and workers; and small businesses, each of which has im- velop a budget for the activities of the local ‘‘(ii) a description of how the local area is mediate and long-term employment opportu- board in the local area, consistent with the consistent or aligned with— nities in an in-demand industry or other oc- requirements of this subsection. ‘‘(I) service delivery areas (as determined cupation important to the local economy; ‘‘(ii) TRAINING RESERVATION.—In developing by the State); and’’; and a budget under clause (i), the local board ‘‘(II) labor market areas; and (V) by striking the semicolon at the end of shall reserve a percentage of funds to carry ‘‘(III) economic development regions; clause (iii) (as so redesignated) and inserting out the activities specified in section ‘‘(iii) a description of the eligible providers ‘‘; and’’; and 134(c)(4). The local board shall use the anal- of education and training, including postsec- (ii) by amending subparagraph (B) to read ysis conducted under paragraph (2)(A)(i) to ondary educational institutions such as com- as follows: determine the appropriate percentage of munity colleges, located in the local area ‘‘(B) may include such other individuals or funds to reserve under this clause. and available to meet the needs of the local representatives of entities as the chief elect- ‘‘(B) ADMINISTRATION.— workforce; ed official in the local area may determine ‘‘(i) GRANT RECIPIENT.—The chief elected ‘‘(iv) a description of the distance that in- to be appropriate, including— official in a local area shall serve as the dividuals will need to travel to receive serv- ‘‘(i) the superintendent or other employee local grant recipient for, and shall be liable ices provided in such local area; and of the local educational agency who has pri- for any misuse of, the grant funds allocated ‘‘(v) any other criteria that the State mary responsibility for secondary education, to the local area under section 133, unless board may require. the presidents or chief executive officers of the chief elected official reaches an agree- ‘‘(C) PRIORITY.—In designating local areas postsecondary educational institutions (in- ment with the Governor for the Governor to under this paragraph, a State board shall cluding a community college, where such an act as the local grant recipient and bear such give priority consideration to an area pro- entity exists), or administrators of local en- liability. posed by an applicant demonstrating that a tities providing adult education and family ‘‘(ii) DESIGNATION.—In order to assist in ad- designation as a local area under this para- literacy education activities; ministration of the grant funds, the chief graph will result in the reduction of overlap- ‘‘(ii) representatives of community-based elected official or the Governor, where the ping service delivery areas, local market organizations (including organizations rep- Governor serves as the local grant recipient areas, or economic development regions. resenting individuals with disabilities and for a local area, may designate an entity to ‘‘(D) ALIGNMENT WITH LOCAL PLAN.—A veterans, for a local area in which such orga- serve as a local grant subrecipient for such State may designate an area proposed by an nizations are present); or funds or as a local fiscal agent. Such des- applicant as a local area under this para- ‘‘(iii) representatives of veterans service ignation shall not relieve the chief elected graph for a period not to exceed 3 years. organizations.’’; official or the Governor of the liability for ‘‘(E) REFERENCES.—For purposes of this (B) in paragraph (4)— any misuse of grant funds as described in Act, a reference to a local area— (i) by striking ‘‘A majority’’ and inserting clause (i). ‘‘(i) used with respect to a geographic area, ‘‘A 2⁄3 majority’’; and ‘‘(iii) DISBURSAL.—The local grant recipi- refers to an area designated under this para- (ii) by striking ‘‘(2)(A)(i)’’ and inserting ent or an entity designated under clause (ii) graph; and ‘‘(2)(A)’’; and shall disburse the grant funds for workforce ‘‘(ii) used with respect to an entity, refers (C) in paragraph (5), by striking ‘‘(2)(A)(i)’’ investment activities at the direction of the to the applicant.’’; and inserting ‘‘(2)(A)’’; local board, pursuant to the requirements of (B) by amending paragraph (2) to read as (2) in subsection (c)— this title. The local grant recipient or entity follows: (A) in paragraph (1), by striking subpara- designated under clause (ii) shall disburse ‘‘(2) TECHNICAL ASSISTANCE.—The Secretary graph (C); and the funds immediately on receiving such di- shall, if requested by the Governor of a (B) in paragraph (3)(A)(ii), by striking rection from the local board. State, provide the State with technical as- ‘‘paragraphs (1) through (7)’’ and inserting ‘‘(C) STAFF.—The local board may employ sistance in making the determinations re- ‘‘paragraphs (1) through (8)’’; staff to assist in carrying out the functions quired under paragraph (1). The Secretary (3) by amending subsection (d) to read as described in this subsection. shall not issue regulations governing deter- follows: ‘‘(D) GRANTS AND DONATIONS.—The local minations to be made under paragraph (1).’’; ‘‘(d) FUNCTIONS OF LOCAL BOARD.—The board may solicit and accept grants and do- (C) by striking paragraph (3); functions of the local board shall include the nations from sources other than Federal (D) by striking paragraph (4); following: funds made available under this Act. (E) by redesignating paragraph (5) as para- ‘‘(1) LOCAL PLAN.—Consistent with section ‘‘(5) SELECTION OF OPERATORS AND PRO- graph (3); and 118, each local board, in partnership with the VIDERS.— (F) in paragraph (3) (as so redesignated), by chief elected official for the local area in- ‘‘(A) SELECTION OF ONE-STOP OPERATORS.— striking ‘‘(2) or (3)’’ both places it appears volved, shall develop and submit a local plan Consistent with section 121(d), the local and inserting ‘‘(1)’’; to the Governor. board, with the agreement of the chief elect- (2) by amending subsection (b) to read as ‘‘(2) WORKFORCE RESEARCH AND REGIONAL ed official— follows: LABOR MARKET ANALYSIS.— ‘‘(i) shall designate or certify one-stop op- ‘‘(b) SINGLE STATES.—Consistent with sub- ‘‘(A) IN GENERAL.—The local board shall— erators as described in section 121(d)(2)(A); section (a), the State board of a State may ‘‘(i) conduct, and regularly update, an and designate the State as a single State local analysis of— ‘‘(ii) may terminate for cause the eligi- area for the purposes of this title.’’; and ‘‘(I) the economic conditions in the local bility of such operators. (3) in subsection (c)— area; ‘‘(B) IDENTIFICATION OF ELIGIBLE TRAINING (A) in paragraph (1), by adding at the end ‘‘(II) the immediate and long-term skilled SERVICE PROVIDERS.—Consistent with this the following: ‘‘The State may require the workforce needs of in-demand industries and subtitle, the local board shall identify eligi- local boards for the designated region to pre- other occupations important to the local ble providers of training services described pare a single regional plan that incorporates economy; in section 134(c)(4) in the local area, annually the elements of the local plan under section ‘‘(III) the knowledge and skills of the review the outcomes of such eligible pro- 118 and that is submitted and approved in workforce in the local area; and viders using the criteria under section lieu of separate local plans under such sec- ‘‘(IV) workforce development activities (in- 122(b)(2), and designate such eligible pro- tion.’’; and cluding education and training) in the local viders in the local area who have dem- (B) in paragraph (2), by striking ‘‘employ- area; and onstrated the highest level of success with ment statistics’’ and inserting ‘‘workforce ‘‘(ii) assist the Governor in developing the respect to such criteria as priority eligible and labor market information’’. statewide workforce and labor market infor- providers for the program year following the SEC. 415. LOCAL WORKFORCE INVESTMENT mation system described in section 15(e) of review. BOARDS. the Wagner-Peyser Act (29 U.S.C. 49l–2(e)). ‘‘(C) IDENTIFICATION OF ELIGIBLE PROVIDERS Section 117 (29 U.S.C. 2832) is amended— ‘‘(B) EXISTING ANALYSIS.—In carrying out OF WORK READY SERVICES.—If the one-stop op- (1) in subsection (b)— requirements of subparagraph (A)(i), a local erator does not provide the services de- (A) in paragraph (2)— board shall use an existing analysis, if any, scribed in section 134(c)(2) in the local area,

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mined by the chief elected official or the employment and training activities author- ‘‘(4) a description of how the local board Governor under such section; ized under section 134(b); and will convene (or help to convene) industry or ‘‘(12) a description of the strategies and ‘‘(B) conducting oversight of the one-stop sector partnerships that lead to collabo- services that will be used in the local area to delivery system, in the local area, authorized rative planning, resource alignment, and assist at-risk youth and out-of-school youth under section 121. training efforts across multiple firms for a in acquiring the education and skills, cre- ‘‘(7) NEGOTIATION OF LOCAL PERFORMANCE range of workers employed or potentially dentials (including recognized postsecondary MEASURES.—The local board, the chief elect- employed by a targeted industry or sector— credentials, such as industry-recognized cre- ed official, and the Governor shall negotiate ‘‘(A) to encourage industry growth and dentials), and employment experience to suc- and reach agreement on local performance competitiveness and to improve worker ceed in the labor market, including— measures as described in section 136(c). training, retention, and advancement in the ‘‘(A) training and internships in in-demand ‘‘(8) TECHNOLOGY IMPROVEMENTS.—The targeted industry or sector; industries or occupations important to the local board shall develop strategies for tech- ‘‘(B) to address the immediate and long- local economy; nology improvements to facilitate access to term skilled workforce needs of in-demand ‘‘(B) dropout recovery activities that are services authorized under this subtitle and industries, small businesses, and other occu- designed to lead to the attainment of a reg- carried out in the local area, including ac- pations important to the local economy; and ular secondary school diploma or its recog- cess in remote areas.’’; ‘‘(C) to address critical skill gaps within nized equivalent, or other State-recognized (4) in subsection (e)— and across industries and sectors; equivalent (including recognized alternative (A) by inserting ‘‘electronic means and’’ ‘‘(5) a description of how the funds reserved standards for individuals with disabilities); after ‘‘regular basis through’’; and under section 117(d)(4)(A)(ii) will be used to and (B) by striking ‘‘and the award of grants or carry out activities described in section ‘‘(C) activities combining remediation of contracts to eligible providers of youth ac- 134(c)(4); academic skills, work readiness training, tivities,’’; ‘‘(6) a description of how the local board and work experience, and including linkages (5) in subsection (f)— will coordinate workforce investment activi- to postsecondary education and training and (A) in paragraph (1)(A), by striking ‘‘sec- ties carried out in the local area with state- career-ladder employment; tion 134(d)(4)’’ and inserting ‘‘section wide workforce investment activities, as ap- ‘‘(13) a description of— 134(c)(4)’’; and propriate; ‘‘(A) how the local area will furnish em- (B) by striking paragraph (2) and inserting ‘‘(7) a description of how the local area ployment, training, including training in ad- will— the following: vanced manufacturing, supportive, and ‘‘(A) coordinate activities with the local ‘‘(2) WORK READY SERVICES; DESIGNATION OR placement services to veterans, including area’s disability community, and with tran- CERTIFICATION AS ONE-STOP OPERATORS.—A disabled and homeless veterans; sition services (as defined under section 602 local board may provide work ready services ‘‘(B) the strategies and services that will of the Individuals with Disabilities Edu- described in section 134(c)(2) through a one- be used in the local area to assist in and ex- cation Act (20 U.S.C. 1401)) provided under stop delivery system described in section 121 pedite reintegration of homeless veterans that Act by local educational agencies serv- or be designated or certified as a one-stop op- into the labor force; and ing such local area, to make available com- erator only with the agreement of the chief ‘‘(C) the veteran population to be served in prehensive, high-quality services to individ- elected official and the Governor.’’; the local area; uals with disabilities; (6) in subsection (g)(1), by inserting ‘‘or ‘‘(B) consistent with section 188 and Execu- ‘‘(14) a description of— participate in any action taken’’ after tive Order No. 13217 (42 U.S.C. 12131 note), ‘‘(A) the duties assigned to the veteran em- ‘‘vote’’; and serve the employment and training needs of ployment specialist consistent with the re- (7) by striking subsections (h) and (i). individuals with disabilities, with a focus on quirements of section 134(f); ‘‘(B) the manner in which the veteran em- SEC. 416. LOCAL PLAN. employment that fosters independence and integration into the workplace; and ployment specialist is integrated into the Section 118 (29 U.S.C. 2833) is amended— ‘‘(C) consistent with sections 504 and 508 of one-stop career system described in section (1) in subsection (a), by striking ‘‘5-year’’ the Rehabilitation Act of 1973 (29 U.S.C. 794, 121; and inserting ‘‘3-year’’; 794d), include the provision of outreach, in- ‘‘(C) the date on which the veteran employ- (2) by amending subsection (b) to read as take, assessments, and service delivery, the ment specialist was assigned; and follows: development of performance measures, the ‘‘(D) whether the veteran employment spe- ‘‘(b) CONTENTS.—The local plan shall in- training of staff, and other aspects of acces- cialist has satisfactorily completed related clude— sibility for individuals with disabilities to training by the National Veterans’ Employ- ‘‘(1) a description of the analysis of the programs and services under this subtitle; ment and Training Services Institute; and local area’s economic and workforce condi- ‘‘(8) a description of the local levels of per- ‘‘(15) such other information as the Gov- tions conducted under subclauses (I) through formance negotiated with the Governor and ernor may require.’’; and (IV) of section 117(d)(2)(A)(i), and an assur- chief elected official pursuant to section (3) in subsection (c)— ance that the local board will use such anal- 136(c), to be— (A) in paragraph (1), by striking ‘‘such ysis to carry out the activities under this ‘‘(A) used to measure the performance of means’’ and inserting ‘‘electronic means and subtitle; the local area; and such means’’; and ‘‘(2) a description of the one-stop delivery ‘‘(B) used by the local board for measuring (B) in paragraph (2), by striking ‘‘, includ- system in the local area, including— performance of the local fiscal agent (where ing representatives of business and rep- ‘‘(A) a description of how the local board appropriate), eligible providers, and the one- resentatives of labor organizations,’’. will ensure— stop delivery system, in the local area; SEC. 417. ESTABLISHMENT OF ONE-STOP DELIV- ‘‘(i) the continuous improvement of eligi- ‘‘(9) a description of the process used by ERY SYSTEM. ble providers of services through the system; the local board, consistent with subsection Section 121 (29 U.S.C. 2841) is amended— and (c), to provide an opportunity for public com- (1) in subsection (b)— ‘‘(ii) that such providers meet the employ- ment prior to submission of the plan; (A) by striking subparagraph (A) of para- ment needs of local businesses and partici- ‘‘(10) a description of how the local area graph (1) and inserting the following: pants; and will serve the employment and training ‘‘(A) ROLES AND RESPONSIBILITIES OF ONE- ‘‘(B) a description of how the local board needs of dislocated workers (including dis- STOP PARTNERS.—Each entity that carries will facilitate access to services described in placed homemakers), low-income individuals out a program or activities described in sub- section 117(d)(8) and provided through the (including recipients of public assistance paragraph (B) shall— one-stop delivery system consistent with such as supplemental nutrition assistance ‘‘(i) provide access through a one-stop de- section 117(d)(8); program benefits pursuant to the Food and livery system to the program or activities ‘‘(3) a description of the strategies and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.)), carried out by the entity, including making services that will be used in the local area— long-term unemployed individuals (including the work ready services described in section ‘‘(A) to more fully engage employers, in- individuals who have exhausted entitlement 134(c)(2) that are applicable to the program cluding small businesses and employers in to Federal and State unemployment com- or activities of the entity available at one- in-demand industries and occupations impor- pensation), English learners, homeless indi- stop centers (in addition to any other appro- tant to the local economy; viduals, individuals training for nontradi- priate locations); ‘‘(B) to meet the needs of employers in the tional employment, youth (including out-of- ‘‘(ii) use a portion of the funds available to local area; school youth and at-risk youth), older work- the program or activities of the entity to

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maintain the one-stop delivery system, in- infrastructure of one-stop centers in accord- ‘‘(3) SPECIALIZED CENTERS.—The centers cluding payment of the costs of infrastruc- ance with subsection (h); and sites described in paragraph (2) may ture of one-stop centers in accordance with ‘‘(iii) methods of referral of individuals be- have a specialization in addressing special subsection (h); tween the one-stop operator and the one-stop needs.’’; and ‘‘(iii) enter into a local memorandum of partners for appropriate services and activi- (5) by adding at the end the following: understanding with the local board, relating ties, including referrals for training for non- ‘‘(g) CERTIFICATION OF ONE-STOP CEN- to the operation of the one-stop delivery sys- traditional employment; and TERS.— tem, that meets the requirements of sub- ‘‘(iv) the duration of the memorandum of ‘‘(1) IN GENERAL.— section (c); and understanding and the procedures for amend- ‘‘(A) IN GENERAL.—The State board shall ‘‘(iv) participate in the operation of the ing the memorandum during the term of the establish objective procedures and criteria one-stop delivery system consistent with the memorandum, and assurances that such for certifying, at least once every 3 years, terms of the memorandum of understanding, memorandum shall be reviewed not less than one-stop centers for the purpose of awarding the requirements of this title, and the re- once every 3-year period to ensure appro- the one-stop infrastructure funding described quirements of the Federal laws authorizing priate funding and delivery of services under in subsection (h). the program or activities carried out by the the memorandum; and’’; ‘‘(B) CRITERIA.—The criteria for certifi- entity.’’; (3) in subsection (d)— cation of a one-stop center under this sub- (B) in paragraph (1)(B)— (A) in the heading for paragraph (1), by section shall include— (i) by striking clauses (ii), (v), and (vi); striking ‘‘DESIGNATION AND CERTIFICATION’’ ‘‘(i) meeting the expected levels of per- (ii) by redesignating clauses (iii) and (iv) as and inserting ‘‘LOCAL DESIGNATION AND CER- formance for each of the corresponding core clauses (ii) and (iii), respectively; TIFICATION’’; indicators of performance as outlined in the (iii) by redesignating clauses (vii) through (B) in paragraph (2)— State plan under section 112; (xii) as clauses (iv) through (ix), respec- (i) by striking ‘‘section 134(c)’’ and insert- ‘‘(ii) meeting minimum standards relating tively; ing ‘‘subsection (e)’’; to the scope and degree of service integra- (iv) in clause (ii), as so redesignated, by (ii) by amending subparagraph (A) to read tion achieved by the center, involving the striking ‘‘adult education and literacy ac- as follows: programs provided by the one-stop partners; tivities’’ and inserting ‘‘adult education and ‘‘(A) shall be designated or certified as a and family literacy education activities’’ one-stop operator through a competitive ‘‘(iii) meeting minimum standards relating (v) in clause (viii), as so redesignated, by process; and’’; and to how the center ensures that eligible pro- striking ‘‘and’’ at the end; (iii) in subparagraph (B), by striking clause viders meet the employment needs of local (vi) in clause (ix), as so redesignated, by (ii) and redesignating clauses (iii) through employers and participants. striking the period and inserting ‘‘; and’’; (vi) as clauses (ii) through (v), respectively; ‘‘(C) EFFECT OF CERTIFICATION.—One-stop and and centers certified under this subsection shall (vii) by adding at the end the following: (C) in paragraph (3), by striking ‘‘voca- be eligible to receive the infrastructure fund- ‘‘(x) subject to subparagraph (C), programs tional’’ and inserting ‘‘career and technical’’; ing authorized under subsection (h). authorized under part A of title IV of the So- (4) by amending subsection (e) to read as ‘‘(2) LOCAL BOARDS.—Consistent with the cial Security Act (42 U.S.C. 601 et seq.).’’; follows: criteria developed by the State, the local (C) by inserting after paragraph (1)(B) the ‘‘(e) ESTABLISHMENT OF ONE-STOP DELIVERY board may develop, for certification referred following: SYSTEM.— to in paragraph (1)(A), additional criteria or ‘‘(C) DETERMINATION BY THE GOVERNOR.— ‘‘(1) IN GENERAL.—There shall be estab- higher standards on the criteria referred to Each entity carrying out a program de- lished in a State that receives an allotment in paragraph (1)(B) to respond to local labor scribed in subparagraph (B)(x) shall be con- under section 132(b) a one-stop delivery sys- market and demographic conditions and sidered to be a one-stop partner under this tem, which shall— trends. title and carry out the required partner ac- ‘‘(A) provide the work ready services de- ‘‘(h) ONE-STOP INFRASTRUCTURE FUNDING.— tivities described in subparagraph (A) unless scribed in section 134(c)(2); ‘‘(1) PARTNER CONTRIBUTIONS.— the Governor of the State in which the local ‘‘(B) provide access to training services as ‘‘(A) PROVISION OF FUNDS.—Notwith- area is located provides the Secretary and described in paragraph (4) of section 134(c), standing any other provision of law, as de- Secretary of Health and Human Services including serving as the point of access to termined under subparagraph (B), a portion written notice of a determination by the career enhancement accounts for training of the Federal funds provided to the State Governor that such an entity shall not be services to participants in accordance with and areas within the State under the Federal considered to be such a partner and shall not paragraph (4)(F) of such section; laws authorizing the one-stop partner pro- carry out such required partner activities.’’; ‘‘(C) provide access to the activities car- grams described in subsection (b)(1)(B) and and ried out under section 134(d), if any; participating additional partner programs (D) in paragraph (2)— ‘‘(D) provide access to programs and activi- described in subsection (b)(2)(B), for a fiscal (i) in subparagraph (A)(i), by striking ‘‘sec- ties carried out by one-stop partners that are year shall be provided to the Governor by tion 134(d)(2)’’ and inserting ‘‘section described in subsection (b); and such partners to carry out this subsection. 134(c)(2)’’; and ‘‘(E) provide access to the data and infor- ‘‘(B) DETERMINATION OF GOVERNOR.— (ii) in subparagraph (B)— mation described in subparagraphs (A) and ‘‘(i) IN GENERAL.—Subject to subparagraph (I) by striking clauses (i), (ii), and (v); (B) of section 15(a)(1) of the Wagner-Peyser (C), the Governor, in consultation with the (II) in clause (iv), by striking ‘‘and’’ at the Act (29 U.S.C. 49l–2(a)(1)). State board, shall determine the portion of end; ‘‘(2) ONE-STOP DELIVERY.—At a minimum, funds to be provided under subparagraph (A) (III) by redesignating clauses (iii) and (iv) the one-stop delivery system— by each one-stop partner and in making such as clauses (i) and (ii), respectively; and ‘‘(A) shall make each of the programs, determination shall consider the propor- (IV) by adding at the end the following: services, and activities described in para- tionate use of the one-stop centers in the ‘‘(iii) employment and training programs graph (1) accessible at not less than one State by each such partner, the costs of ad- administered by the Commissioner of the So- physical center in each local area of the ministration for purposes not related to one- cial Security Administration; State; and stop centers for each such partner, and other ‘‘(iv) employment and training programs ‘‘(B) may also make programs, services, relevant factors described in paragraph (3). carried out by the Administrator of the and activities described in paragraph (1) ‘‘(ii) SPECIAL RULE.—In those States where Small Business Administration; available— the State constitution places policy-making ‘‘(v) employment, training, and literacy ‘‘(i) through a network of affiliated sites authority that is independent of the author- services carried out by public libraries; and that can provide one or more of the pro- ity of the Governor in an entity or official ‘‘(vi) other appropriate Federal, State, or grams, services, and activities to individ- with respect to the funds provided for adult local programs, including programs in the uals; and education and family literacy education ac- private sector.’’; ‘‘(ii) through a network of eligible one-stop tivities authorized under title II and for (2) in subsection (c)(2), by amending sub- partners— postsecondary career and technical edu- paragraph (A) to read as follows: ‘‘(I) in which each partner provides one or cation activities authorized under the Carl ‘‘(A) provisions describing— more of the programs, services, and activi- D. Perkins Career and Technical Education ‘‘(i) the services to be provided through the ties to such individuals and is accessible at Act of 2006 (20 U.S.C. 2301 et seq.), the deter- one-stop delivery system consistent with the an affiliated site that consists of a physical mination described in clause (i) with respect requirements of this section, including the location or an electronically- or techno- to the corresponding 2 programs shall be manner in which the services will be coordi- logically-linked access point; and made by the Governor with the appropriate nated through such system; ‘‘(II) that assures individuals that informa- entity or official with such independent pol- ‘‘(ii) how the costs of such services and the tion on the availability of the work ready icy-making authority. operating costs of such system will be fund- services will be available regardless of where ‘‘(iii) APPEAL BY ONE-STOP PARTNERS.—The ed, through cash and in-kind contributions, the individuals initially enter the statewide Governor shall establish a procedure for the to provide a stable and equitable funding workforce investment system, including in- one-stop partner administering a program stream for ongoing one-stop system oper- formation made available through an access described in subsection (b) and subparagraph ations, including the funding of the costs of point described in subclause (I). (A) to appeal a determination regarding the

VerDate Mar 15 2010 03:09 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A08JA6.023 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE S158 CONGRESSIONAL RECORD — SENATE January 8, 2014 portion of funds to be provided under this provided by each program under paragraph priate, accurate, and timely information to paragraph on the basis that such determina- (1) shall be determined as part of the memo- the State for purposes of carrying out sub- tion is inconsistent with the requirements randum of understanding under subsection section (d), with respect to participants re- described in the State plan for the program (c). The State board shall provide standards ceiving training services under this subtitle or with the requirements of this paragraph. to facilitate the determination of appro- in the applicable program, including— Such procedure shall ensure prompt resolu- priate allocation of the funds and noncash ‘‘(A) information on recognized postsec- tion of the appeal. resources to local areas.’’. ondary credentials received by such partici- ‘‘(C) LIMITATIONS.— SEC. 418. IDENTIFICATION OF ELIGIBLE PRO- pants; ‘‘(i) PROVISION FROM ADMINISTRATIVE VIDERS OF TRAINING SERVICES. ‘‘(B) information on costs of attendance for FUNDS.—The funds provided under this para- Section 122 (29 U.S.C. 2842) is amended to such participants; graph by a one-stop partner shall be provided read as follows: ‘‘(C) information on the program comple- only from funds available for the costs of ad- tion rate for such participants; and ‘‘SEC. 122. IDENTIFICATION OF ELIGIBLE PRO- ministration under the program adminis- VIDERS OF TRAINING SERVICES. ‘‘(D) information on the performance of the tered by such partner, and shall be subject to provider with respect to the performance ‘‘(a) ELIGIBILITY.— the limitations with respect to the portion of measures described in section 136 for such ‘‘(1) IN GENERAL.—The Governor, after con- funds under such program that may be used sultation with the State board, shall estab- participants. for administration. lish criteria and procedures regarding the ‘‘(3) RENEWAL.—The criteria established by ‘‘(ii) FEDERAL DIRECT SPENDING PRO- eligibility of providers of training services the Governor shall also provide for a review GRAMS.— described in section 134(c)(4) to receive funds on the criteria every 3 years and renewal of ‘‘(I) IN GENERAL.—A program that provides provided under section 133(b) for the provi- eligibility under this section for providers of Federal direct spending under section sion of such training services and be included training services. 250(c)(8) of the Balanced Budget and Emer- on the list of eligible providers of training ‘‘(4) LOCAL CRITERIA.—A local board in the gency Deficit Control Act of 1985 (2 U.S.C. services described in subsection (d). State may establish criteria in addition to 900(c)(8)) shall not, for purposes of this para- the criteria established by the Governor, or ‘‘(2) PROVIDERS.—Subject to the provisions graph, be required to provide more than the of this section, to be eligible to receive the may require higher levels of performance maximum amount determined under sub- than required on the criteria established by clause (II). funds and be included on the list, the pro- vider shall be— the Governor, for purposes of determining ‘‘(II) MAXIMUM AMOUNT.—The maximum the eligibility of providers of training serv- amount for the program is the amount that ‘‘(A) a postsecondary educational institu- tion that— ices under this section in the local area in- bears the same relationship to the costs re- volved. ferred to in paragraph (2) for the State as the ‘‘(i) is eligible to receive Federal funds under title IV of the Higher Education Act of ‘‘(5) LIMITATION.—In carrying out the re- use of the one-stop centers by such program quirements of this subsection, no entity may bears to the use of such centers by all one- 1965 (20 U.S.C. 1070 et seq.); and ‘‘(ii) provides a program that leads to a disclose personally identifiable information stop partner programs in the State. regarding a student, including a Social Secu- ‘‘(2) ALLOCATION BY GOVERNOR.—From the recognized postsecondary credential; ‘‘(B) an entity that carries out programs rity number, student identification number, funds provided under paragraph (1), the Gov- or other identifier, without the prior written ernor shall allocate funds to local areas in under the Act of August 16, 1937 (commonly known as the ‘National Apprenticeship Act’; consent of the parent or student in compli- accordance with the formula established ance with section 444 of the General Edu- under paragraph (3) for the purposes of as- 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); or cation Provisions Act (20 U.S.C. 1232g). sisting in paying the costs of infrastructure ‘‘(c) PROCEDURES.—The procedures estab- ‘‘(C) another public or private provider of a of one-stop centers certified under sub- lished under subsection (a) shall— program of training services. section (g). ‘‘(1) identify— ‘‘(3) INCLUSION IN LIST OF ELIGIBLE PRO- ‘‘(3) ALLOCATION FORMULA.—The State ‘‘(A) the application process for a provider VIDERS.—A provider described in subpara- board shall develop a formula to be used by of training services to become eligible under graph (A) or (C) of paragraph (2) shall comply the Governor to allocate the funds provided this section; and with the criteria and procedures established under paragraph (1) to local areas. The for- ‘‘(B) the respective roles of the State and under this subsection to be eligible to re- mula shall include such factors as the State local areas in receiving and reviewing appli- ceive the funds and be included on the list. A board determines are appropriate, which cations and in making determinations of eli- provider described in paragraph (2)(B) shall may include factors such as the number of gibility based on the criteria established be eligible to receive the funds and be in- centers in a local area that have been cer- under this section; and cluded on the list with respect to programs tified, the population served by such centers, ‘‘(2) establish a process, for a provider of described in paragraph (2)(B) for so long as and the performance of such centers. training services to appeal a denial or termi- the provider remains certified by the Sec- ‘‘(4) COSTS OF INFRASTRUCTURE.—For pur- nation of eligibility under this section, that retary of Labor to carry out the programs. poses of this subsection, the term ‘costs of includes an opportunity for a hearing and ‘‘(b) CRITERIA.— infrastructure’ means the nonpersonnel costs prescribes appropriate time limits to ensure ‘‘(1) IN GENERAL.—The criteria established that are necessary for the general operation prompt resolution of the appeal. by the Governor pursuant to subsection (a) of a one-stop center, including the rental ‘‘(d) INFORMATION TO ASSIST PARTICIPANTS shall take into account— costs of the facilities involved, and the costs IN CHOOSING PROVIDERS.—In order to facili- of utilities and maintenance, and equipment ‘‘(A) the performance of providers of train- tate and assist participants under chapter 5 (including assistive technology for individ- ing services with respect to the performance in choosing providers of training services, uals with disabilities). measures described in section 136, measures the Governor shall ensure that an appro- ‘‘(i) OTHER FUNDS.— for other matters for which information is priate list of providers determined eligible ‘‘(1) IN GENERAL.—In addition to the funds required under paragraph (2), and other ap- under this section in the State, including in- provided under subsection (h), a portion of propriate measures of performance outcomes formation provided under subsection (b)(2) funds made available under Federal law au- for those participants receiving training with respect to such providers, is provided to thorizing the one-stop partner programs de- services under this subtitle; the local boards in the State and is made scribed in subsection (b)(1)(B) and partici- ‘‘(B) whether the training programs of such available to such participants and to mem- pating additional partner programs de- providers relate to in-demand industries or bers of the public through the one-stop deliv- scribed in subsection (b)(2)(B), or the occupations important to the local economy; ery system in the State. noncash resources available under such 2 ‘‘(C) the need to ensure access to training ‘‘(e) ENFORCEMENT.— types of programs, shall be used to pay the services throughout the State, including in ‘‘(1) IN GENERAL.—The procedures estab- costs relating to the operation of the one- rural areas; lished under this section shall provide the stop delivery system that are not paid for ‘‘(D) the ability of the providers to offer following: from the funds provided under subsection (h), programs that lead to a recognized postsec- ‘‘(A) INTENTIONALLY SUPPLYING INACCURATE to the extent not inconsistent with the Fed- ondary credential, and the quality of such INFORMATION.—Upon a determination, by an eral law involved. Such portion shall be used programs; individual or entity specified in the proce- to pay for costs including— ‘‘(E) the performance of the providers as dures, that a provider of training services, or ‘‘(A) costs of infrastructure (as defined in reflected in the information such providers individual providing information on behalf of subsection (h)) that are in excess of the funds are required to report to State agencies with the provider, intentionally supplied inac- provided under subsection (h); respect to other Federal and State programs curate information under this section, the ‘‘(B) common costs that are in addition to (other than the program carried out under eligibility of such provider under this sec- the costs of infrastructure (as so defined); this subtitle), including one-stop partner tion shall be terminated for a period of time and programs; and that is not less than 2 years. ‘‘(C) the costs of the provision of work ‘‘(F) such other factors as the Governor de- ‘‘(B) SUBSTANTIAL VIOLATIONS.—Upon a de- ready services applicable to each program. termines are appropriate. termination, by an individual or entity spec- ‘‘(2) DETERMINATION AND STANDARDS.—The ‘‘(2) INFORMATION.—The criteria estab- ified in the procedures, that a provider of method for determining the appropriate por- lished by the Governor shall require that a training services substantially violated any tion of funds and noncash resources to be provider of training services submit appro- requirement under this title, the eligibility

VerDate Mar 15 2010 03:09 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A08JA6.023 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE January 8, 2014 CONGRESSIONAL RECORD — SENATE S159 of such provider under this section shall be tribes, tribal organizations, Alaska Native ‘‘(I) each of fiscal years 2015 through 2017, terminated for a period of time that is not entities, Indian-controlled organizations that is less than 100 percent of the allotment less than 10 years. serving Indians, or Native Hawaiian organi- percentage of the State for fiscal year 2013; ‘‘(C) REPAYMENT.—A provider of training zations to carry out employment and train- and services whose eligibility is terminated ing activities; ‘‘(II) fiscal year 2018 and each succeeding under subparagraph (A) or (B) shall be liable ‘‘(3) reserve not more than 25 percent of fiscal year, that is less than 90 percent of the for the repayment of funds received under the total amount appropriated under section allotment percentage of the State for the fis- chapter 5 during a period of noncompliance 137 for a fiscal year to carry out the Jobs cal year preceding the fiscal year involved. described in such subparagraph. For purposes Corps program under subtitle C; ‘‘(ii) MAXIMUM PERCENTAGE.—Subject to of subparagraph (A), that period shall be con- ‘‘(4) reserve not more than 3.5 percent of clause (i), the Secretary shall ensure that no sidered to be the period beginning on the the total amount appropriated under section State shall receive an allotment under this date on which the inaccurate information de- 137 for a fiscal year to— paragraph for— scribed in subparagraph (A) was supplied, ‘‘(A) make grants to State boards or local ‘‘(I) each of fiscal years 2015 through 2017, and ending on the date of the termination boards to provide employment and training that is more than 130 percent of the allot- described in subparagraph (A). assistance to workers affected by major eco- ment percentage of the State for fiscal year ‘‘(2) CONSTRUCTION.—Paragraph (1) shall be nomic dislocations, such as plant closures, 2013; and construed to provide remedies and penalties mass layoffs, or closures and realignments of ‘‘(II) fiscal year 2018 and each succeeding that supplement, but do not supplant, other military installations; and fiscal year, that is more than 130 percent of civil and criminal remedies and penalties. ‘‘(B) provide assistance to Governors of the allotment percentage of the State for the ‘‘(f) AGREEMENTS WITH OTHER STATES.—A States with an area that has suffered an fiscal year preceding the fiscal year in- State may enter into an agreement with an- emergency or a major disaster (as such volved. other State, on a reciprocal basis, to permit terms are defined in paragraphs (1) and (2), ‘‘(D) SMALL STATE MINIMUM ALLOTMENT.— eligible providers of training services to ac- respectively, of section 102 of the Robert T. Subject to subparagraph (C), the Secretary cept career enhancement accounts provided Stafford Disaster Relief and Emergency As- shall ensure that no State shall receive an in the other State. sistance Act (42 U.S.C. 5122)) to provide dis- allotment under this paragraph for a fiscal 1 ‘‘(g) RECOMMENDATIONS.—In developing the aster relief employment in the area; and year that is less than ⁄5 of 1 percent of the criteria (including requirements for related ‘‘(5) from the remaining amount appro- remainder described in subparagraph (A) for information) and procedures required under priated under section 137 for a fiscal year the fiscal year. this section, the Governor shall solicit and (after reserving funds under paragraphs (1) ‘‘(E) DEFINITIONS.—For the purpose of the take into consideration the recommenda- through (4)), make allotments in accordance formula specified in this paragraph: tions of local boards and providers of train- with subsection (b) of this section.’’; and ‘‘(i) ALLOTMENT PERCENTAGE.—The term ing services within the State. (2) by amending subsection (b) to read as ‘allotment percentage’— ‘‘(h) OPPORTUNITY TO SUBMIT COMMENTS.— follows: ‘‘(I) used with respect to fiscal year 2013, means the percentage of the amounts allot- During the development of the criteria and ‘‘(b) WORKFORCE INVESTMENT FUND.— procedures, and the list of eligible providers ted to States under title I of this Act, title ‘‘(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 shall provide an opportunity for interested U.S.C. 3056 et seq.), the Women in Appren- 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 regarding such criteria, procedures, and list. (29 U.S.C. 2501 et seq.), sections 4103A and than 1⁄4 of 1 percent to provide assistance to ‘‘(i) ON-THE-JOB TRAINING OR CUSTOMIZED 4104 of title 38, United States Code, and sec- 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 training or customized training shall not be in effect for fiscal year 2013, that is received 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 (a) through (d). for fiscal year 2013; and 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. quire, determine whether the providers meet ‘‘(A) IN GENERAL.—After determining the ‘‘(ii) AREA OF SUBSTANTIAL UNEMPLOY- such performance criteria as the Governor amount to be reserved under paragraph (1), MENT.—The term ‘area of substantial unem- may require, and disseminate information the Secretary shall allot the remainder of ployment’ means any area that is of suffi- identifying providers that meet the criteria the amount referred to in subsection (a)(5) cient size and scope to sustain a program of as eligible providers, and the performance in- for a fiscal year to the States pursuant to workforce investment activities carried out formation, through the one-stop delivery subparagraph (B) for employment and train- under this subtitle and that has an average system. Providers determined to meet the ing activities and statewide workforce in- rate of unemployment of at least 7 percent criteria shall be considered to be identified vestment activities. for the most recent 12 months, as determined as eligible under this section, to be providers ‘‘(B) FORMULA.—Subject to subparagraphs by the Secretary. For purposes of this of the training services involved.’’. (C) and (D), of the remainder— clause, determinations of areas of substan- SEC. 419. GENERAL AUTHORIZATION. ‘‘(i) 25 percent shall be allotted on the tial unemployment shall be made once each Chapter 5 of subtitle B of title I is amend- basis of the relative number of unemployed fiscal year. ed— individuals in areas of substantial unemploy- ‘‘(iii) DISADVANTAGED YOUTH.—The term (1) by striking the heading for chapter 5 ment in each State, compared to the total ‘disadvantaged youth’ means an individual and inserting the following: ‘‘EMPLOYMENT number of unemployed individuals in areas who is not less than age 16 and not more AND TRAINING ACTIVITIES’’; and of substantial unemployment in all States; than age 24 who receives an income, or is a (2) in section 131 (29 U.S.C. 2861)— ‘‘(ii) 25 percent shall be allotted on the member of a family that receives a total (A) by striking ‘‘paragraphs (1)(B) and basis of the relative number of individuals in family income, that in relation to family (2)(B) of’’; and the civilian labor force in each State, com- size, does not exceed the higher of— (B) by striking ‘‘adults, and dislocated pared to the total number of such individuals ‘‘(I) the poverty line; or workers,’’ and inserting ‘‘individuals’’. in all States; ‘‘(II) 70 percent of the lower living standard SEC. 420. STATE ALLOTMENTS. ‘‘(iii) 25 percent shall be allotted on the income level. Section 132 (29 U.S.C. 2862) is amended— basis of the relative number of individuals in ‘‘(iv) INDIVIDUAL.—The term ‘individual’ (1) by amending subsection (a) to read as each State who have been unemployed for 15 means an individual who is age 16 or older.’’. follows: weeks or more, compared to the total num- SEC. 421. WITHIN STATE ALLOCATIONS. ‘‘(a) IN GENERAL.—The Secretary shall— ber of individuals in all States who have Section 133 (29 U.S.C. 2863) is amended— ‘‘(1) reserve 1⁄2 of 1 percent of the total been unemployed for 15 weeks or more; and (1) by amending subsection (a) to read as amount appropriated under section 137 for a ‘‘(iv) 25 percent shall be allotted on the follows: fiscal year, of which— basis of the relative number of disadvan- ‘‘(a) RESERVATIONS FOR STATEWIDE WORK- ‘‘(A) 50 percent shall be used to provide taged youth in each State, compared to the FORCE INVESTMENT ACTIVITIES.— technical assistance under section 170; and total number of disadvantaged youth in all ‘‘(1) STATEWIDE EMPLOYMENT AND TRAINING ‘‘(B) 50 percent shall be used for evalua- States. ACTIVITIES.—The Governor of a State shall tions under section 172; ‘‘(C) MINIMUM AND MAXIMUM PERCENT- reserve not more than 15 percent of the total ‘‘(2) reserve 1 percent of the total amount AGES.— amount allotted to the State under section appropriated under section 137 for a fiscal ‘‘(i) MINIMUM PERCENTAGE.—The Secretary 132(b)(2) for a fiscal year to carry out the year to make grants to, and enter into con- shall ensure that no State shall receive an statewide activities described in section tracts or cooperative agreements with Indian allotment under this paragraph for— 134(a).

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‘‘(2) STATEWIDE RAPID RESPONSE ACTIVITIES ticeship and Nontraditional Occupations Act referred to in paragraph (1)(A) to carry out AND ADDITIONAL ASSISTANCE.—Of the amount (29 U.S.C. 2501 et seq.), sections 4103A and statewide employment and training activi- reserved under paragraph (1) for a fiscal 4104 of title 38, United States Code, and sec- ties, which shall include— year, the Governor of the State shall reserve tions 1 through 14 of the Wagner-Peyser Act ‘‘(A) disseminating the State list of eligi- not more than 25 percent for statewide rapid (29 U.S.C. 49 et seq.), as such provisions were ble providers of training services described response activities and additional assistance in effect for fiscal year 2013, that is received in section 122(d), information identifying eli- described in section 134(a)(4). under such provisions by the local area in- gible providers of on-the-job training and ‘‘(3) STATEWIDE GRANTS FOR INDIVIDUALS volved for fiscal year 2013; and customized training described in section WITH BARRIERS TO EMPLOYMENT.—Of the ‘‘(ii) used with respect to fiscal year 2017 or 122(i), and performance information and pro- amount reserved under paragraph (1) for a a succeeding fiscal year, means the percent- gram cost information described in section fiscal year, the Governor of the State shall age of the amounts allocated to local areas 122(b)(2); reserve 15 percent to carry out statewide ac- under this paragraph for the fiscal year, that ‘‘(B) supporting the provision of work tivities described in section 134(a)(5). is received under this paragraph by the local ready services described in subsection (c)(2) ‘‘(4) STATE ADMINISTRATIVE COST LIMIT.— area involved for the fiscal year.’’; in the one-stop delivery system; Not more than 5 percent of the funds re- (3) in subsection (c)— ‘‘(C) implementing strategies and services served under paragraph (1) may be used by (A) by amending paragraph (1) to read as that will be used in the State to assist at- the Governor of the State for administrative follows: risk youth and out-of-school youth in acquir- costs of carrying out the statewide activities ‘‘(1) IN GENERAL.—The Governor may, in ing the education and skills, recognized post- accordance with this subsection, reallocate described in section 134(a).’’; secondary credentials, and employment ex- to eligible local areas within the State (2) by amending subsection (b) to read as perience to succeed in the labor market; amounts that are allocated under subsection follows: ‘‘(D) conducting evaluations under section (b) for employment and training activities ‘‘(b) WITHIN STATE ALLOCATION.— 136(e) of activities authorized under this and that are available for reallocation.’’; ‘‘(1) METHODS.—The Governor, acting in ac- chapter in coordination with evaluations (B) in paragraph (2), by striking ‘‘para- cordance with the State plan, and after con- carried out by the Secretary under section graph (2)(A) or (3) of subsection (b) for such sulting with chief elected officials in the 172; activities’’ and inserting ‘‘subsection (b) for local areas in the State, shall— ‘‘(E) providing technical assistance to local such activities’’; ‘‘(A) allocate the funds that are allotted to areas that fail to meet local performance (C) by amending paragraph (3) to read as the State under section 132(b)(2) and not re- measures; follows: served under subsection (a), in accordance ‘‘(F) operating a fiscal and management ‘‘(3) REALLOCATIONS.—In making realloca- with paragraph (2)(A); and accountability system under section 136(f); tions to eligible local areas of amounts ‘‘(B) award the funds that are reserved by and available pursuant to paragraph (2) for a pro- the State under subsection (a)(3) through ‘‘(G) carrying out monitoring and over- gram year, the Governor shall allocate to competitive grants to eligible entities, in ac- sight of activities carried out under this each eligible local area within the State an cordance with section 134(a)(1)(C). chapter. amount based on the relative amount allo- ‘‘(2) FORMULA ALLOCATIONS FOR THE WORK- ‘‘(3) ALLOWABLE STATEWIDE EMPLOYMENT cated to such local area under subsection FORCE INVESTMENT FUND.— AND TRAINING ACTIVITIES.—A State may use (b)(2) for such activities for such prior pro- ‘‘(A) ALLOCATION.—In allocating the funds funds referred to in paragraph (1)(A) to carry gram year, as compared to the total amount described in paragraph (1)(A) to local areas, out statewide employment and training ac- allocated to all eligible local areas in the a State shall allocate— tivities which may include— State under subsection (b)(2) for such activi- ‘‘(i) 25 percent on the basis described in ‘‘(A) implementing innovative programs ties for such prior program year.’’; and section 132(b)(2)(B)(i); and strategies designed to meet the needs of (D) in paragraph (4), by striking ‘‘para- ‘‘(ii) 25 percent on the basis described in all employers in the State, including small graph (2)(A) or (3) of’’; and section 132(b)(2)(B)(ii); employers, which may include incumbent (4) by adding at the end the following new ‘‘(iii) 25 percent on the basis described in worker training programs, sectoral and in- subsection: section 132(b)(2)(B)(iii); and dustry cluster strategies and partnership ini- ‘‘(d) LOCAL ADMINISTRATIVE COST LIMIT.— ‘‘(iv) 25 percent on the basis described in tiatives, career ladder programs, micro-en- section 132(b)(2)(B)(iv), Of the amount allocated to a local area 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 local area, and to ‘all States’ shall be consid- investment activities in the local area under system in the State and all employers (in- ered to refer to all local areas. this chapter.’’. cluding small employers) in the State, and ‘‘(B) MINIMUM AND MAXIMUM PERCENT- SEC. 422. USE OF FUNDS FOR EMPLOYMENT AND other business services and strategies that AGES.— TRAINING ACTIVITIES. better engage employers in workforce invest- ‘‘(i) MINIMUM PERCENTAGE.—The State Section 134 (29 U.S.C. 2864) is amended— ment activities and make the workforce in- shall ensure that no local area shall receive (1) by amending subsection (a) to read as vestment system more relevant to the needs an allocation under this paragraph for— follows: of State and local businesses, consistent ‘‘(I) each of fiscal years 2015 through 2017, ‘‘(a) STATEWIDE EMPLOYMENT AND TRAINING with the objectives of this title; that is less than 100 percent of the allocation ACTIVITIES.— ‘‘(B) providing incentive grants to local percentage of the local area for fiscal year ‘‘(1) IN GENERAL.— areas— 2013; and ‘‘(A) DISTRIBUTION OF STATEWIDE ACTIVI- ‘‘(i) for regional cooperation among local ‘‘(II) fiscal year 2018 and each succeeding TIES.—Funds reserved by a Governor for a boards (including local boards in a des- fiscal year, that is less than 90 percent of the State as described in section 133(a)(1) and not ignated region as described in section 116(c)); allocation percentage of the local area for reserved under paragraph (2) or (3) of section ‘‘(ii) for local coordination of activities the fiscal year preceding the fiscal year in- 133(a)— carried out under this Act; and volved. ‘‘(i) shall be used to carry out the state- ‘‘(iii) for exemplary performance by local ‘‘(ii) MAXIMUM PERCENTAGE.—Subject to wide employment and training activities de- areas on the local performance measures; clause (i), the State shall ensure that no scribed in paragraph (2); and ‘‘(C) developing strategies for effectively local area shall receive an allocation for a ‘‘(ii) may be used to carry out any of the integrating programs and services among fiscal year under this paragraph for— statewide employment and training activi- one-stop partners; ‘‘(I) each of fiscal years 2015 through 2017, ties described in paragraph (3). ‘‘(D) carrying out activities to facilitate that is more than 130 percent of the alloca- ‘‘(B) STATEWIDE RAPID RESPONSE ACTIVITIES remote access to services provided through a tion percentage of the local area for fiscal AND ADDITIONAL ASSISTANCE.—Funds reserved one-stop delivery system, including facili- year 2013; and by a Governor for a State as described in sec- tating access through the use of technology; ‘‘(II) fiscal year 2018 and each succeeding tion 133(a)(2) shall be used to provide the ‘‘(E) incorporating pay-for-performance fiscal year, that is more than 130 percentage statewide rapid response activities and addi- contract strategies as an element in funding of the allocation percentage of the local area tional assistance described in paragraph (4). activities under this section and providing for the fiscal year preceding the fiscal year ‘‘(C) STATEWIDE GRANTS FOR INDIVIDUALS technical support to local areas and eligible involved. WITH BARRIERS TO EMPLOYMENT.—Funds re- providers in order to carry out such a strat- ‘‘(C) DEFINITIONS.—For the purpose of the served by a Governor for a State as described egy, which may involve providing assistance formula specified in this paragraph, the term in section 133(a)(3) shall be used to award with data collection and data entry require- ‘allocation percentage’— statewide grants for individuals with bar- ments; ‘‘(i) used with respect to fiscal year 2013, riers to employment on a competitive basis, ‘‘(F) carrying out the State option under means the percentage of the amounts allo- and carry out other activities, as described subsection (f)(8); and cated to local areas under title I of this Act, in paragraph (5). ‘‘(G) carrying out other activities author- title V of the Older Americans Act of 1965 (42 ‘‘(2) REQUIRED STATEWIDE EMPLOYMENT AND ized under this section that the State deter- U.S.C. 3056 et seq.), the Women in Appren- TRAINING ACTIVITIES.—A State shall use funds mines to be necessary to assist local areas in

VerDate Mar 15 2010 04:24 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A08JA6.023 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE January 8, 2014 CONGRESSIONAL RECORD — SENATE S161 carrying out activities described in sub- that will be the focus of the program under (v) by inserting after subparagraph (A) the section (c) or (d) through the statewide this paragraph; following: workforce investment system. ‘‘(ii) a description of the educational and ‘‘(B) assistance in obtaining eligibility de- ‘‘(4) STATEWIDE RAPID RESPONSE ACTIVITIES skills training programs and activities the terminations under the other one-stop part- AND ADDITIONAL ASSISTANCE.—A State shall eligible entity will provide to eligible par- ner programs through activities, where ap- use funds reserved as described in section ticipants under this paragraph; propriate and consistent with the author- 133(a)(2)— ‘‘(iii) how the eligible entity will collabo- izing statute of the one-stop partner pro- ‘‘(A) to carry out statewide rapid response rate with State and local workforce invest- gram involved, such as assisting in— activities, which shall include provision of ment systems established under this title in ‘‘(i) the submission of applications; rapid response activities, carried out in local the provision of such programs and activi- ‘‘(ii) the provision of information on the areas by the State or by an entity designated ties; results of such applications; and by the State, working in conjunction with ‘‘(iv) a description of the programs of dem- ‘‘(iii) the provision of intake services and the local boards and the chief elected offi- onstrated effectiveness on which the provi- information;’’; cials in the local areas; and sion of such educational and skills training (vi) by amending subparagraph (E), as so ‘‘(B) to provide additional assistance to programs and activities are based, and a de- redesignated, to read as follows: local areas that experience disasters, mass scription of how such programs and activi- layoffs, or plant closings, or other events ‘‘(E) labor exchange services, including— ties will improve education and skills train- ‘‘(i) job search and placement assistance, that precipitate substantial increases in the ing for eligible participants; number of unemployed individuals, carried and where appropriate, career counseling; ‘‘(v) a description of the populations to be ‘‘(ii) appropriate recruitment services for out in local areas by the State or by an enti- served and the skill needs of those popu- ty designated by the State, working in con- employers, including small employers, in the lations, and the manner in which eligible local area, which may include services de- junction with the local boards and the chief participants will be recruited and selected as scribed in this subsection, including provi- elected officials in the local areas. participants; sion of information and referral to special- ‘‘(5) STATEWIDE GRANTS FOR INDIVIDUALS ‘‘(vi) a description of the private, public, ized business services not traditionally of- WITH BARRIERS TO EMPLOYMENT.— local, and State resources that will be lever- fered through the one-stop delivery system; ‘‘(A) IN GENERAL.—Of the funds reserved as aged, with the grant funds provided, for the and described in section 133(a)(3), the Governor of program under this paragraph, and how the ‘‘(iii) reemployment services provided to a State— entity will ensure the sustainability of such unemployment claimants, including claim- ‘‘(i) may reserve up to 5 percent to provide program after grant funds are no longer ants identified as in need of such services technical assistance for, and conduct evalua- available; under the worker profiling system estab- tions as described in section 136(e) of, the ‘‘(vii) a description of the extent of the in- lished under section 303(j) of the Social Secu- programs carried out under this paragraph; volvement of employers in such program; and ‘‘(viii) a description of the levels of per- rity Act (42 U.S.C. 503(j));’’; ‘‘(ii) using the remainder, shall award formance the eligible entity expects to (vii) in subparagraph (F), as so redesig- grants on a competitive basis to eligible en- achieve with respect to the indicators of per- nated, by striking ‘‘employment statistics’’ tities (that meet specific performance out- formance for all individuals specified in sec- and inserting ‘‘workforce and labor market’’; comes and criteria established by the Gov- tion 136(b)(2); (viii) in subparagraph (G), as so redesig- ernor) described in subparagraph (B) to carry ‘‘(ix) a detailed budget and a description of nated, by striking ‘‘and eligible providers of out employment and training programs au- the system of fiscal controls, and auditing youth activities described in section 123,’’; thorized under this paragraph for individuals and accountability procedures, that will be (ix) in subparagraph (H), as so redesig- with barriers to employment. used to ensure fiscal soundness for the pro- nated, by inserting ‘‘under section 136’’ after ‘‘(B) ELIGIBLE ENTITY DEFINED.—For pur- gram provided under this paragraph; and ‘‘local performance measures’’; poses of this paragraph, the term ‘eligible ‘‘(x) any other criteria the Governor may (x) in subparagraph (J), as so redesignated, entity’ means an entity that— require.’’; by inserting ‘‘and information regarding the ‘‘(i) is a— administration of the work test for the un- ‘‘(I) local board or a consortium of local (2) by amending subsection (b) to read as follows: employment compensation system’’ after boards; ‘‘compensation’’; ‘‘(b) LOCAL EMPLOYMENT AND TRAINING AC- ‘‘(II) nonprofit entity, for-profit entity, or (xi) by amending subparagraph (K), as so TIVITIES.—Funds allocated to a local area a consortium of nonprofit or for-profit enti- redesignated, to read as follows: under section 133(b)— ties; or ‘‘(K) assistance in establishing eligibility ‘‘(1) shall be used to carry out employment ‘‘(III) consortium of the entities described for programs of financial aid assistance for in subclauses (I) and (II); and training activities described in sub- education and training programs that are ‘‘(ii) has a demonstrated record of placing section (c); and not funded under this Act and are available individuals into unsubsidized employment ‘‘(2) may be used to carry out employment in the local area;’’; and and serving hard-to-serve individuals; and and training activities described in sub- (xii) by inserting the following new sub- ‘‘(iii) agrees to be reimbursed primarily on section (d).’’; paragraphs after subparagraph (K), as so re- the basis of meeting specified performance (3) by striking subsection (c); outcomes and criteria established by the (4) by redesignating subsections (d) and (e), designated: Governor. as subsections (c) and (d), respectively; ‘‘(L) the provision of information from offi- ‘‘(C) GRANT PERIOD.— (5) in subsection (c) (as so redesignated)— cial publications of the Internal Revenue ‘‘(i) IN GENERAL.—A grant under this para- (A) by amending paragraph (1) to read as Service regarding Federal tax credits, avail- graph shall be awarded for a period of 1 year. follows: able to participants in employment and ‘‘(ii) GRANT RENEWAL.—A Governor of a ‘‘(1) IN GENERAL.—Funds allocated to a training activities, and relating to edu- State may renew, for up to 4 additional 1- local area under section 133(b) shall be used— cation, job training, and employment; year periods, a grant awarded under this ‘‘(A) to establish a one-stop delivery sys- ‘‘(M) comprehensive and specialized assess- paragraph. tem as described in section 121(e); ments of the skill levels and service needs of ‘‘(D) ELIGIBLE PARTICIPANTS.—To be eligi- ‘‘(B) to provide the work ready services de- workers, which may include— ble to participate in activities under this scribed in paragraph (2) through the one-stop ‘‘(i) diagnostic testing and use of other as- paragraph, an individual shall be a low-in- delivery system in accordance with such sessment tools; and come individual age 16 or older. paragraph; and ‘‘(ii) in-depth interviewing and evaluation ‘‘(E) USE OF FUNDS.—An eligible entity re- ‘‘(C) to provide training services described to identify employment barriers and appro- ceiving a grant under this paragraph shall in paragraph (4) in accordance with such priate employment goals; use the grant funds for programs of activi- paragraph.’’; ‘‘(N) development of an individual employ- ties that are designed to assist eligible par- (B) in paragraph (2)— ment plan, to identify the employment ticipants in obtaining employment and ac- (i) in the heading, by striking ‘‘CORE SERV- goals, appropriate achievement objectives, quiring the education and skills necessary to ICES’’ and inserting ‘‘WORK READY SERVICES’’; and appropriate combination of services for succeed in the labor market. To be eligible (ii) in the matter preceding subparagraph the participant; to receive a grant under this paragraph for (A)— ‘‘(O) group counseling; an employment and training program, an eli- (I) by striking ‘‘(1)(A)’’ and inserting ‘‘(1)’’; ‘‘(P) individual counseling and career plan- gible entity shall submit an application to a (II) by striking ‘‘core services’’ and insert- ning; State at such time, in such manner, and con- ing ‘‘work ready services’’; and ‘‘(Q) case management; taining such information as the State may (III) by striking ‘‘who are adults or dis- ‘‘(R) short-term pre-career services, includ- require, including— located workers’’; ing development of learning skills, commu- ‘‘(i) a description of how the strategies and (iii) by redesignating subparagraph (K) as nications skills, interviewing skills, punc- activities of the program will be aligned subparagraph (V); tuality, personal maintenance skills, and with the State plan submitted under section (iv) by redesignating subparagraphs (B) professional conduct, to prepare individuals 112 and the local plan submitted under sec- through (J) as subparagraphs (C) through for unsubsidized employment or training; tion 118, with respect to the area of the State (K), respectively; ‘‘(S) internships and work experience;

VerDate Mar 15 2010 03:09 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A08JA6.023 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE S162 CONGRESSIONAL RECORD — SENATE January 8, 2014 ‘‘(T) literacy activities relating to basic (cc) in subclause (II), by striking ‘‘sub- ‘‘(ii) customized employment-related serv- work readiness, information and commu- sections (e) and (h)’’ and inserting ‘‘sub- ices to employers on a fee-for-service basis; nication technology literacy activities, and sections (d) and (i)’’; and ‘‘(iii) customer supports, including trans- financial literacy activities, if the activities (II) by striking clause (iii) and inserting portation and child care, to navigate among involved are not available to participants in the following: multiple services and activities for special the local area under programs administered ‘‘(iii) CAREER ENHANCEMENT ACCOUNTS.—An participant populations that face multiple under the Adult Education and Family Lit- individual who seeks training services and barriers to employment, including individ- eracy Act (20 U.S.C. 2901 et seq.); who is eligible pursuant to subparagraph (A), uals with disabilities; ‘‘(U) out-of-area job search assistance and may, in consultation with a case manager, ‘‘(iv) employment and training assistance relocation assistance; and’’; and select an eligible provider of training serv- provided in coordination with child support (C) by amending paragraph (3) to read as ices from the list or identifying information enforcement activities of the State agency follows: for providers described in clause (ii)(I). Upon carrying out subtitle D of title IV of the So- ‘‘(3) DELIVERY OF SERVICES.—The work such selection, the one-stop operator in- cial Security Act (42 U.S.C. 651 et seq.); ready services described in paragraph (2) volved shall, to the extent practicable, refer ‘‘(v) incorporation of pay-for-performance shall be provided through the one-stop deliv- such individual to the eligible provider of contract strategies as an element in funding ery system and may be provided through training services, and arrange for payment activities under this section; contracts with public, private for-profit, and for such services through a career enhance- ‘‘(vi) activities to facilitate remote access private nonprofit service providers, approved ment account. to services provided through a one-stop de- ‘‘(iv) COORDINATION.—Each local board livery system, including facilitating access by the local board.’’; may, through one-stop centers, coordinate through the use of technology; and (D) in paragraph (4)— career enhancement accounts with other ‘‘(vii) activities to carry out business serv- (i) by amending subparagraph (A) to read Federal, State, local, or private job training ices and strategies that meet the workforce as follows: programs or sources to assist the individual investment needs of local area employers, as ‘‘(A) IN GENERAL.—Funds described in para- in obtaining training services from (notwith- determined by the local board, consistent graph (1)(C) shall be used to provide training standing any provision of this title) eligible with the local plan under section 118.’’; services to individuals who— providers for those programs and sources. (B) by striking paragraphs (2) and (3); and ‘‘(i) after an interview, evaluation, or as- ‘‘(v) ASSISTANCE.—Each local board may, (C) by adding at the end the following: sessment, and case management, have been through one-stop centers, assist individuals ‘‘(2) INCUMBENT WORKER TRAINING PRO- determined by a one-stop operator or one- receiving career enhancement accounts in GRAMS.— stop partner, as appropriate, to— obtaining funds (in addition to the funds pro- ‘‘(A) IN GENERAL.—The local board may use ‘‘(I) be in need of training services to ob- vided under this section) from other pro- funds allocated to a local area under section tain or retain employment; and grams and sources that will assist the indi- 133(b)(2) to carry out incumbent worker ‘‘(II) have the skills and qualifications to vidual in obtaining training services.’’; and training programs in accordance with this successfully participate in the selected pro- (vi) in subparagraph (F) (as so redesig- paragraph. gram of training services; nated)— ‘‘(B) TRAINING ACTIVITIES.—The training ‘‘(ii) select programs of training services (I) in the subparagraph heading, by strik- programs for incumbent workers under this that are directly linked to the employment ing ‘‘INDIVIDUAL TRAINING ACCOUNTS’’ and in- paragraph shall be carried out by the local opportunities in the local area involved or in serting ‘‘CAREER ENHANCEMENT ACCOUNTS’’; area in conjunction with the employers of another area in which the individual receiv- (II) in clause (i), by striking ‘‘individual such workers for the purpose of assisting ing such services are willing to commute or training accounts’’ and inserting ‘‘career en- such workers in obtaining the skills nec- relocate; and hancement accounts’’; essary to retain employment and avert lay- ‘‘(iii) who meet the requirements of sub- (III) in clause (ii)— offs. paragraph (B).’’; and (aa) by striking ‘‘an individual training ac- ‘‘(C) EMPLOYER MATCH REQUIRED.— (ii) in subparagraph (B)(i), by striking ‘‘Ex- count’’ and inserting ‘‘a career enhancement ‘‘(i) IN GENERAL.—Employers participating cept’’ and inserting ‘‘Notwithstanding sec- account’’; in programs under this paragraph shall be re- tion 479B of the Higher Education Act of 1965 (bb) by striking ‘‘subparagraph (F)’’ and in- quired to pay a proportion of the costs of (20 U.S.C. 1087uu) and except’’; serting ‘‘subparagraph (E)’’; providing the training to the incumbent (iii) by amending subparagraph (D) to read (cc) in subclause (II), by striking ‘‘indi- workers of the employers. The local board as follows: vidual training accounts’’ and inserting ‘‘ca- shall establish the required payment toward ‘‘(D) TRAINING SERVICES.—Training services reer enhancement accounts’’; such costs, which may include in-kind con- authorized under this paragraph may in- (dd) in subclause (II), by striking ‘‘or’’ tributions. clude— after the semicolon; ‘‘(ii) CALCULATION OF MATCH.—The wages ‘‘(i) occupational skills training; (ee) in subclause (III), by striking the pe- paid by an employer to a worker while they ‘‘(ii) on-the-job training; riod and inserting ‘‘; or’’; and are attending training may be included as ‘‘(iii) skill upgrading and retraining; (ff) by adding at the end the following: part of the required payment of the em- ‘‘(iv) entrepreneurial training; ‘‘(IV) the local board determines that it ployer.’’; and ‘‘(v) education activities leading to a reg- would be most appropriate to award a con- (7) by adding at the end the following: ular secondary school diploma or its recog- tract to a postsecondary educational institu- ‘‘(e) PRIORITY FOR PLACEMENT IN PRIVATE nized equivalent in combination with, con- tion that has been identified as a priority el- SECTOR JOBS.—In providing employment and currently or subsequently, occupational igible provider under section 117(d)(5)(B) in training activities authorized under this sec- skills training; order to facilitate the training of multiple tion, the State board and local board shall ‘‘(vi) adult education and family literacy individuals in in-demand industries or occu- give priority to placing participants in jobs education activities provided in conjunction pations important to the State or local econ- in the private sector. with other training services authorized omy, that such contract may be used to en- ‘‘(f) VETERAN EMPLOYMENT SPECIALIST.— under this subparagraph; able the expansion of programs provided by a ‘‘(1) IN GENERAL.—Subject to paragraph (8), ‘‘(vii) workplace training combined with priority eligible provider, and that such con- a local board shall hire and employ one or related instruction; tract does not limit customer choice.’’; more veteran employment specialists to ‘‘(viii) occupational skills training that in- (IV) in clause (iii), by striking ‘‘adult or carry out employment, training, supportive, corporates English language acquisition; dislocated worker’’ and inserting ‘‘indi- and placement services under this subsection ‘‘(ix) customized training conducted with a vidual’’; and in the local area served by the local board. commitment by an employer or group of em- (V) in clause (iv)— ‘‘(2) PRINCIPAL DUTIES.—A veteran employ- ployers to employ an individual upon suc- (aa) by redesignating subclause (IV) as sub- ment specialist in a local area shall— cessful completion of the training; and clause (V); and ‘‘(A) conduct outreach to employers in the ‘‘(x) training programs operated by the pri- (bb) by inserting after subclause (III) the local area to assist veterans, including dis- vate sector.’’; following: abled veterans, in gaining employment, in- (iv) by striking subparagraph (E) and re- ‘‘(IV) Individuals with disabilities.’’; cluding— designating subparagraphs (F) and (G) as (6) in subsection (d) (as so redesignated)— ‘‘(i) conducting seminars for employers; subparagraphs (E) and (F), respectively; and (A) by amending paragraph (1) to read as and (v) in subparagraph (E) (as so redesig- follows: ‘‘(ii) in conjunction with employers, con- nated)— ‘‘(1) DISCRETIONARY ONE-STOP DELIVERY AC- ducting job search workshops, and estab- (I) in clause (ii)— TIVITIES.— lishing job search groups; and (aa) in the matter preceding subclause (I), ‘‘(A) IN GENERAL.—Funds allocated to a ‘‘(B) facilitate the furnishing of employ- by striking ‘‘subsection (c)’’ and inserting local area under section 133(b)(2) may be used ment, training, supportive, and placement ‘‘section 121’’; to provide, through the one-stop delivery services to veterans, including disabled and (bb) in subclause (I), by striking ‘‘section system— homeless veterans, in the local area. 122(e)’’ and inserting ‘‘section 122(d)’’ and by ‘‘(i) customized screening and referral of ‘‘(3) HIRING PREFERENCE FOR VETERANS AND striking ‘‘section 122(h)’’ and inserting ‘‘sec- qualified participants in training services to INDIVIDUALS WITH EXPERTISE IN SERVING VET- tion 122(i)’’; and employers; ERANS.—Subject to paragraph (8), a local

VerDate Mar 15 2010 03:09 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A08JA6.023 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE January 8, 2014 CONGRESSIONAL RECORD — SENATE S163 board shall, to the maximum extent prac- paragraphs (1) and (3), including the hiring taining such diploma or its recognized equiv- ticable, employ veterans or individuals with and employment of one or more veteran em- alent), within 1 year after exit from the pro- expertise in serving veterans to carry out ployment specialists for placement in the gram, have obtained or retained employ- the services described in paragraph (2) in the local area served by the local board.’’. ment, have been removed from public assist- local area served by the local board. In hir- SEC. 423. PERFORMANCE ACCOUNTABILITY SYS- ance, or have begun an education or training ing an individual to serve as a veteran em- TEM. program leading to a recognized postsec- ployment specialist, a local board shall give Section 136 (29 U.S.C. 2871) is amended— ondary credential. preference to veterans and other individuals (1) in subsection (b)— ‘‘(B) ADDITIONAL INDICATORS.—A State may in the following order: (A) by amending paragraphs (1) and (2) to identify in the State plan additional indica- ‘‘(A) To service-connected disabled vet- read as follows: tors for workforce investment activities au- erans. ‘‘(1) IN GENERAL.—For each State, the thorized under this subtitle.’’; and ‘‘(B) If no veteran described in subpara- State performance measures shall consist (B) in paragraph (3)— graph (A) is available, to veterans. of— (i) in subparagraph (A)— ‘‘(C) If no veteran described in subpara- ‘‘(A)(i) the core indicators of performance (I) in the heading, by striking ‘‘AND CUS- graph (A) or (B) is available, to any member described in paragraph (2)(A); and TOMER SATISFACTION INDICATOR’’; of the Armed Forces transitioning out of ‘‘(ii) additional indicators of performance (II) in clause (i), by striking ‘‘and the cus- military service. (if any) identified by the State under para- tomer satisfaction indicator described in ‘‘(D) If no veteran or member described in graph (2)(B); and paragraph (2)(B)’’; subparagraph (A), (B), or (C) is available, to ‘‘(B) a State adjusted level of performance (III) in clause (ii), by striking ‘‘and the any spouse of a veteran or a spouse of a for each indicator described in subparagraph customer satisfaction indicator of perform- member of the Armed Forces transitioning (A). ance, for the first 3’’ and inserting ‘‘, for all out of military service. ‘‘(2) INDICATORS OF PERFORMANCE.— 3’’; ‘‘(E) If no veteran or member described in ‘‘(A) CORE INDICATORS OF PERFORMANCE.— (IV) in clause (iii)— subparagraph (A), (B), or (C) is available and ‘‘(i) IN GENERAL.—The core indicators of (aa) in the heading, by striking ‘‘FOR FIRST no spouse described in paragraph (D) is avail- performance for the program of employment 3 YEARS’’; and able, to any other individuals with expertise and training activities authorized under sec- (bb) by striking ‘‘and the customer satis- in serving veterans. tions 132(a)(2) and 134, the program of adult faction indicator of performance, for the ‘‘(4) ADMINISTRATION AND REPORTING.— education and family literacy education ac- first 3 program years’’ and inserting ‘‘for all ‘‘(A) IN GENERAL.—Each veteran employ- tivities authorized under title II, and the 3 program years’’; ment specialist shall be administratively re- program authorized under title I of the Re- (V) in clause (iv)— sponsible to the one-stop operator of the one- habilitation Act of 1973 (29 U.S.C. 720 et seq.), (aa) by striking ‘‘or (v)’’; stop center in the local area and shall pro- other than section 112 or part C of that title (bb) by striking subclause (I) and redesig- vide, at a minimum, quarterly reports to the (29 U.S.C. 732, 741), shall consist of the fol- nating subclauses (II) and (III) as subclauses one-stop operator of such center and to the lowing indicators of performance (with per- (I) and (II), respectively; and Assistant Secretary for Veterans’ Employ- formance determined in the aggregate and as (cc) in subclause (I) (as so redesignated)— ment and Training for the State on the spe- disaggregated by the populations identified (AA) by inserting ‘‘, such as unemployment cialist’s performance, and compliance by the in the State and local plan in each case): rates and job losses or gains in particular in- specialist with Federal law (including regu- ‘‘(I) The percentage and number of pro- dustries’’ after ‘‘economic conditions’’; and lations), with respect to the— gram participants who are in unsubsidized (BB) by inserting ‘‘, such as indicators of ‘‘(i) principal duties (including facilitating employment during the second full calendar poor work experience, dislocation from high- the furnishing of services) for veterans de- quarter after exit from the program. wage employment, low levels of literacy or scribed in paragraph (2); and ‘‘(II) The percentage and number of pro- English proficiency, disability status (in- ‘‘(ii) hiring preferences described in para- gram participants who are in unsubsidized cluding disability status among veterans), graph (3) for veterans and other individuals. employment during the fourth full calendar and welfare dependency,’’ after ‘‘program’’; ‘‘(B) REPORT TO SECRETARY.—Each State quarter after exit from the program. (VI) by striking clause (v) and redesig- shall submit to the Secretary an annual re- ‘‘(III) The difference in the median earn- nating clause (vi) as clause (v); and port on the qualifications used by each local ings of program participants who are in un- (VII) in clause (v) (as so redesignated), board in the State in making hiring deter- subsidized employment during the second (aa) by striking ‘‘described in clause minations for a veteran employment spe- full calendar quarter after exit from the pro- (iv)(II)’’ and inserting ‘‘described in clause cialist and the salary structure under which gram, compared to the median earnings of (iv)(I)’’; and such specialist is compensated. such participants prior to participation in (bb) by striking ‘‘or (v)’’; and ‘‘(C) REPORT TO CONGRESS.—The Secretary such program. (ii) in subparagraph (B), by striking ‘‘para- shall submit to the Committee on Education ‘‘(IV) The percentage and number of pro- graph (2)(C)’’ and inserting ‘‘paragraph and the Workforce and the Committee on gram participants who obtain a recognized (2)(B)’’; Veterans’ Affairs of the House of Representa- postsecondary credential (such as an indus- (2) in subsection (c)— tives and the Committee on Health, Edu- try-recognized credential or a certificate (A) by amending clause (i) of paragraph cation, Labor, and Pensions and the Com- from a registered apprenticeship program), (1)(A) to read as follows: mittee on Veterans’ Affairs of the Senate an or a regular secondary school diploma or its ‘‘(i) the core indicators of performance de- annual report summarizing the reports sub- recognized equivalent (subject to clause (ii)), scribed in subsection (b)(2)(A) for activities mitted under subparagraph (B), and includ- during participation in or within 1 year after described in such subsection, other than ing summaries of outcomes achieved by par- exit from the program. statewide workforce investment activities; ticipating veterans, disaggregated by local ‘‘(V) The percentage and number of pro- and’’; areas. gram participants who, during a program (B) in clause (ii) of paragraph (1)(A), by ‘‘(5) PART-TIME EMPLOYEES.—A part-time year— striking ‘‘(b)(2)(C)’’ and inserting ‘‘(b)(2)(B)’’; veteran employment specialist shall perform ‘‘(aa) are in an education or training pro- and the functions of a veteran employment spe- gram that leads to a recognized postsec- (C) by amending paragraph (3) to read as cialist under this subsection on a halftime ondary credential (such as an industry-rec- follows: basis. ognized credential or a certificate from a ‘‘(3) DETERMINATIONS.—In determining ‘‘(6) TRAINING REQUIREMENTS.—Each vet- registered apprenticeship program), a certifi- such local levels of performance, the local eran employment specialist described in cate from an on-the-job training program, a board, the chief elected official, and the Gov- paragraph (2) shall satisfactorily complete regular secondary school diploma or its rec- ernor shall ensure such levels are adjusted training provided by the National Veterans’ ognized equivalent, or unsubsidized employ- based on the specific economic conditions Employment and Training Institute during ment; and (such as unemployment rates and job losses the 3-year period that begins on the date on ‘‘(bb) are achieving measurable basic skill or gains in particular industries), or demo- which the employee is so assigned. gains toward such a credential, certificate, graphic characteristics or other characteris- ‘‘(7) SPECIALIST’S DUTIES.—A full-time vet- diploma, or employment. tics of the population to be served, in the eran employment specialist shall perform ‘‘(VI) The percentage and number of pro- local area.’’; only duties related to employment, training, gram participants who obtain unsubsidized (3) in subsection (d)— supportive, and placement services under employment in the field relating to the (A) in paragraph (1)— this subsection, and shall not perform other training services described in section (i) by striking ‘‘127 or’’; non-veteran-related duties if such duties de- 134(c)(4) that such participants received. (ii) by striking ‘‘and the customer satisfac- tract from the specialist’s ability to perform ‘‘(ii) INDICATOR RELATING TO CREDENTIAL.— tion indicator’’ each place it appears; and the specialist’s duties related to employ- For purposes of clause (i)(IV), program par- (iii) in the last sentence, by inserting be- ment, training, supportive, and placement ticipants who obtain a regular secondary fore the period the following: ‘‘, and on the services under this subsection. school diploma or its recognized equivalent amount and percentage of the State’s annual ‘‘(8) STATE OPTION.—At the request of a shall be included in the percentage counted allotment under section 132 the State spends local board, a State may opt to assume the as meeting the criterion under such clause on administrative costs and on the amount duties assigned to the local board under only if such participants (in addition to ob- and percentage of its annual allocation

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under section 133 each local area in the State maintain a central repository of policies re- ‘‘(1) IN GENERAL.—At the discretion of the spends on administrative costs’’; lated to access, eligibility, availability of Governor of a State, a State may establish (B) in paragraph (2)— services, and other matters, and plans ap- an incentive system for local boards to im- (i) by striking subparagraphs (A), (B), and proved by the local board and make such re- plement pay-for-performance contract strat- (D); pository available to the public, including by egies for the delivery of employment and (ii) by redesignating subparagraph (C) as electronic means.’’; training activities in the local areas served subparagraph (A); (4) in subsection (g)— by the local boards. (iii) by redesignating subparagraph (E) as (A) in paragraph (1)— ‘‘(2) IMPLEMENTATION.—A State that estab- subparagraph (B); (i) in subparagraph (A), by striking ‘‘or lishes a pay-for-performance incentive sys- (iv) in subparagraph (B), as so redesig- (B)’’; and tem shall reserve not more than 10 percent of 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. (v) by striking subparagraph (F); ‘‘(2) FUNDS RESULTING FROM REDUCED AL- ‘‘(3) EVALUATIONS.—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, $6,245,318,000 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 SEC. 426. JOB CORPS PURPOSES. services, and the amount of funds spent on plan shall—’’; each of the 2 types of services during the Paragraph (1) of section 141 (29 U.S.C. (ii) by redesignating subparagraphs (B) and 2881(1)) is amended to read as follows: most recent program year and fiscal year, (C) as subparagraphs (C) and (D), respec- and the preceding 5 fiscal years; ‘‘(1) to maintain a national Job Corps pro- tively; gram for at-risk youth, carried out in part- ‘‘(ii) the number of individuals who suc- (iii) by inserting after subparagraph (A), cessfully exited out of work ready services nership with States and communities, to as- the following: described in section 134(c)(2) and the number sist eligible youth to connect to the work- ‘‘(B) REDUCTION IN THE AMOUNT OF GRANT.— of individuals who exited out of training force by providing them with intensive aca- If such failure continues for a third consecu- services described in section 134(c)(4), during demic, career and technical education, and tive year, the Governor shall reduce the the most recent program year and fiscal service-learning opportunities, in residential amount of the grant that would (in the ab- year, and the preceding 5 program years, and nonresidential centers, in order for such sence of this subparagraph) be payable to the disaggregated (for individuals who received youth to obtain regular secondary school di- local area under such program for the pro- work ready services) by the type of entity plomas and recognized postsecondary creden- gram year after such third consecutive year. that provided the work ready services and tials leading to successful careers in in-de- Such penalty shall be based on the degree of disaggregated (for individuals who received mand industries that will result in opportu- training services) by the type of entity that failure to meet local levels of performance.’’; nities for advancement;’’. provided the training services; and (iv) in subparagraph (C)(i) (as so redesig- SEC. 427. JOB CORPS DEFINITIONS. ‘‘(iii) the average cost per participant of nated), by striking ‘‘a reorganization plan Section 142 (29 U.S.C. 2882) is amended— those individuals who received work ready under subparagraph (A) may, not later than (1) in paragraph (2)— services described in section 134(c)(2) and the 30 days after receiving notice of the reorga- (A) in the paragraph heading, by striking average cost per participant of those individ- nization plan, appeal to the Governor to re- ‘‘APPLICABLE ONE-STOP’’ and inserting ‘‘ONE- uals who received training services described scind or revise such plan’’ and inserting STOP’’; in section 134(c)(4), during the most recent ‘‘corrective action under subparagraph (A) or (B) by striking ‘‘applicable’’; program year and fiscal year, and the pre- (B) may, not later than 30 days after receiv- (C) by striking ‘‘customer service’’; and ceding 5 program years, disaggregated (for ing notice of the action, appeal to the Gov- (D) by striking ‘‘intake’’ and inserting ‘‘as- individuals who received work ready serv- ernor to rescind or revise such action’’; and sessment’’; ices) by the type of entity that provided the (v) in subparagraph (D) (as so redesig- (2) in paragraph (4), by striking ‘‘before work ready services and disaggregated (for nated), by striking ‘‘subparagraph (B)’’ each completing the requirements’’ and all that individuals who received training services) place it appears and inserting ‘‘subparagraph follows and inserting ‘‘prior to becoming a by the type of entity that provided the train- (C)’’; graduate.’’; and ing services; and (6) in subsection (i)— (3) in paragraph (5), by striking ‘‘has com- ‘‘(D) the amount of funds spent on training (A) in paragraph (1)— pleted the requirements’’ and all that follows services and discretionary activities de- (i) in subparagraph (B), by striking ‘‘sub- and inserting the following: ‘‘who, as a result scribed in section 134(d), disaggregated by section (b)(2)(C)’’ and inserting ‘‘subsection of participation in the Job Corps program, the populations identified under section (b)(2)(B)’’; and has received a regular secondary school di- 112(b)(16)(A)(iv) and section 118(b)(10).’’; (ii) in subparagraph (C), by striking ploma, completed the requirements of a ca- (C) in paragraph (3)(A), by striking ‘‘(b)(3)(A)(vi)’’ and inserting ‘‘(b)(3)(A)(v)’’; reer and technical education and training ‘‘through publication’’ and inserting (B) in paragraph (2), by striking ‘‘the ac- program, or received, or is making satisfac- ‘‘through electronic means’’; and tivities described in section 502 concerning’’; tory progress (as defined under section 484(c) (D) by adding at the end the following: and of the Higher Education Act of 1965 (20 U.S.C. ‘‘(4) DATA VALIDATION.—In preparing the (C) in paragraph (3), by striking ‘‘described 1091(c))) toward receiving, a recognized post- reports described in this subsection, each in paragraph (1) and in the activities de- secondary credential (including an industry- State shall establish procedures, consistent scribed in section 502’’ and inserting ‘‘and ac- recognized credential) that prepares individ- with guidelines issued by the Secretary, to tivities described in this subsection’’; and uals for employment leading to economic ensure the information contained in the re- (7) by adding at the end the following new self-sufficiency.’’. ports is valid and reliable. subsections: SEC. 428. INDIVIDUALS ELIGIBLE FOR THE JOB ‘‘(5) STATE AND LOCAL POLICIES.— ‘‘(j) USE OF CORE INDICATORS FOR OTHER CORPS. ‘‘(A) STATE POLICIES.—Each State that re- PROGRAMS.—Consistent with the require- Section 144 (29 U.S.C. 2884) is amended— ceives an allotment under section 132 shall ments of the applicable authorizing laws, the (1) by amending paragraph (1) to read as maintain a central repository of policies re- Secretary shall use the core indicators of follows: lated to access, eligibility, availability of performance described in subsection (b)(2)(A) ‘‘(1) not less than age 16 and not more than services, and other matters, and plans ap- to assess the effectiveness of the programs age 24 on the date of enrollment;’’; proved by the State board and make such re- described in section 121(b)(1)(B) (in addition (2) in paragraph (3)(B), by inserting ‘‘sec- pository available to the public, including by to the programs carried out under chapter 5) ondary’’ before ‘‘school’’; and electronic means. that are carried out by the Secretary. (3) in paragraph (3)(E), by striking ‘‘voca- ‘‘(B) LOCAL POLICIES.—Each local area that ‘‘(k) ESTABLISHING PAY-FOR-PERFORMANCE tional’’ and inserting ‘‘career and technical receives an allotment under section 133 shall INCENTIVES.— education and’’.

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SEC. 429. RECRUITMENT, SCREENING, SELEC- (I) by inserting ‘‘the education and train- ‘‘(1) IN GENERAL.—The Job Corps centers TION, AND ASSIGNMENT OF ENROLL- ing’’ after ‘‘including’’; and may include Civilian Conservation Centers, EES. (II) by striking the period at the end and operated under an agreement between the Section 145 (29 U.S.C. 2885) is amended— inserting ‘‘; and’’; and Secretary of Labor and the Secretary of Ag- (1) in subsection (a)— (iv) by adding at the end the following: riculture, that are located primarily in rural (A) in paragraph (2)(C)(i) by striking ‘‘vo- ‘‘(D) the performance of the Job Corps cen- areas. Such centers shall adhere to all the cational’’ and inserting ‘‘career and tech- ter relating to the indicators described in provisions of this subtitle, and shall provide, nical education and training’’; and paragraphs (1) and (2) in section 159(c), and in addition to education, career and tech- (B) in paragraph (3)— whether any actions have been taken with nical education and training, and workforce (i) by striking ‘‘To the extent practicable, respect to such center pursuant to section preparation skills training described in sec- the’’ and inserting ‘‘The’’; 159(f).’’; and tion 148, programs of work experience to con- (ii) in subparagraph (A)— (4) in subsection (d)— serve, develop, or manage public natural re- (I) by striking ‘‘applicable’’; and (A) in paragraph (1)— sources or public recreational areas or to de- (II) by inserting ‘‘and’’ after the semicolon; (i) in the matter preceding subparagraph velop community projects in the public in- (iii) by striking subparagraphs (B) and (C); (A), by striking ‘‘is closest to the home of terest. ELECTION PROCESS.—The Secretary and the enrollee, except that the’’ and inserting ‘‘(2) S shall select an entity that submits an appli- (iv) by adding at the end the following: ‘‘offers the type of career and technical edu- cation under subsection (d) to operate a Ci- ‘‘(B) organizations that have a dem- cation and training selected by the indi- vilian Conservation Center on a competitive onstrated record of effectiveness in placing vidual and, among the centers that offer basis, as provided in subsection (a).’’; and at-risk youth into employment.’’; such education and training, is closest to the (4) by striking subsection (d) and inserting (2) in subsection (b)— home of the individual. The’’; the following: (A) in paragraph (1)— (ii) by striking subparagraph (A); and (iii) by redesignating subparagraphs (B) ‘‘(d) APPLICATION.—To be eligible to oper- (i) in subparagraph (B), by inserting ‘‘and ate a Job Corps center under this subtitle, an agrees to such rules’’ after ‘‘failure to ob- and (C) as subparagraphs (A) and (B), respec- tively; and entity shall submit an application to the serve the rules’’; and Secretary at such time, in such manner, and (ii) by amending subparagraph (C) to read (B) in paragraph (2), by inserting ‘‘that of- fers the career and technical education and containing such information as the Sec- as follows: retary may require, including— ‘‘(C) the individual has passed a back- training desired by’’ after ‘‘home of the en- rollee’’. ‘‘(1) a description of the program activities ground check conducted in accordance with that will be offered at the center, including procedures established by the Secretary, SEC. 430. JOB CORPS CENTERS. how the career and technical education and which shall include— Section 147 (29 U.S.C. 2887) is amended— training reflect State and local employment ‘‘(i) a search of the State criminal registry (1) in subsection (a)— opportunities, including in in-demand indus- or repository in the State where the indi- (A) in paragraph (1)(A), by striking ‘‘voca- tries; vidual resides and each State where the indi- tional’’ both places it appears and inserting ‘‘(2) a description of the counseling, place- vidual previously resided; ‘‘career and technical’’; and ment, and support activities that will be of- ‘‘(ii) a search of State-based child abuse (B) in paragraph (2)— fered at the center, including a description of and neglect registries and databases in the (i) in subparagraph (A)— the strategies and procedures the entity will State where the individual resides and each (I) by striking ‘‘subsections (c) and (d) of use to place graduates into unsubsidized em- State where the individual previously re- section 303 of the Federal Property and Ad- ployment upon completion of the program; sided; ministrative Services Act of 1949 (41 U.S.C. ‘‘(3) a description of the demonstrated ‘‘(iii) a search of the National Crime Infor- 253)’’ and inserting ‘‘subsections (a) and (b) record of effectiveness that the entity has in mation Center; of section 3304 of title 41, United States placing at-risk youth into employment, in- ‘‘(iv) a Federal Bureau of Investigation fin- Code’’; and cluding past performance of operating a Job gerprint check using the Integrated Auto- (II) by striking ‘‘industry council’’ and in- Corps center under this subtitle; mated Fingerprint Identification System; serting ‘‘workforce council’’; ‘‘(4) a description of the relationships that and (ii) in subparagraph (B)(i)— the entity has developed with State and ‘‘(v) a search of the National Sex Offender (I) by amending subclause (II) to read as local workforce boards, employers, State and Registry established under the Adam Walsh follows: local educational agencies, and the sur- Child Protection and Safety Act of 2006 (42 ‘‘(II) the ability of the entity to offer ca- rounding communities in an effort to pro- U.S.C. 16901 et seq.).’’; and reer and technical education and training mote a comprehensive statewide workforce (B) by adding at the end the following new that the workforce council proposes under investment system; paragraph: section 154(c);’’; ‘‘(5) a description of the strong fiscal con- ‘‘(3) INDIVIDUALS CONVICTED OF A CRIME.— (II) in subclause (III), by striking ‘‘is famil- trols the entity has in place to ensure proper An individual shall be ineligible for enroll- iar with the surrounding communities, appli- accounting of Federal funds, and a descrip- ment if the individual— cable’’ and inserting ‘‘demonstrates relation- tion of how the entity will meet the require- ‘‘(A) makes a false statement in connec- ships with the surrounding communities, ments of section 159(a); tion with the criminal background check de- employers, workforce boards,’’ and by strik- ‘‘(6) a description of the strategies and scribed in paragraph (1)(C); ing ‘‘and’’ at the end; policies the entity will utilize to reduce par- ‘‘(B) is registered or is required to be reg- (III) by amending subclause (IV) to read as ticipant costs; istered on a State sex offender registry or follows: ‘‘(7) a description of the steps taken to con- the National Sex Offender Registry estab- ‘‘(IV) the performance of the entity, if any, trol costs in accordance with section lished under the Adam Walsh Child Protec- relating to operating or providing activities 159(a)(3); tion and Safety Act of 2006 (42 U.S.C. 16901 et described in this subtitle to a Job Corps cen- ‘‘(8) a detailed budget of the activities that seq.); or ter, including the entity’s demonstrated ef- will be supported using funds under this sub- ‘‘(C) has been convicted of a felony con- fectiveness in assisting individuals in achiev- title; sisting of— ing the primary and secondary indicators of ‘‘(9) a detailed budget of the activities that ‘‘(i) homicide; performance described in paragraphs (1) and will be supported using funds from non-Fed- ‘‘(ii) child abuse or neglect; (2) of section 159(c); and’’; and eral resources; ‘‘(iii) a crime against children, including (IV) by adding at the end the following new ‘‘(10) an assurance the entity will comply child pornography; subclause: with the administrative cost limitation in- ‘‘(iv) a crime involving rape or sexual as- ‘‘(V) the ability of the entity to dem- cluded in section 151(c); sault; or onstrate a record of successfully assisting at- ‘‘(11) an assurance the entity is licensed to ‘‘(v) physical assault, battery, or a drug-re- risk youth to connect to the workforce, in- operate in the State in which the center is lated offense, committed within the past 5 cluding by providing them with intensive located; and years.’’; academic, and career and technical edu- ‘‘(12) an assurance the entity will comply (3) in subsection (c)— cation and training.’’; and with and meet basic health and safety codes, (A) in paragraph (1)— (iii) in subparagraph (B)(ii)— including those measures described in sec- (i) by striking ‘‘2 years’’ and inserting (I) by striking ‘‘, as appropriate’’; and tion 152(b). ‘‘year’’; and (II) by striking ‘‘through (IV)’’ and insert- ‘‘(e) LENGTH OF AGREEMENT.—The agree- (ii) by striking ‘‘an assignment’’ and in- ing ‘‘through (V)’’; ment described in subsection (a)(1)(A) shall serting ‘‘a’’; and (2) in subsection (b), by striking ‘‘In any be for not longer than a 2-year period. The (B) in paragraph (2)— year, no more than 20 percent of the individ- Secretary may renew the agreement for 3 1- (i) in the matter preceding subparagraph uals enrolled in the Job Corps may be non- year periods if the entity meets the require- (A), by striking ‘‘, every 2 years,’’; residential participants in the Job Corps.’’; ments of subsection (f). (ii) in subparagraph (B), by striking ‘‘and’’ (3) by amending subsection (c) to read as ‘‘(f) RENEWAL.— at the end; and follows: ‘‘(1) IN GENERAL.—Subject to paragraph (2), (iii) in subparagraph (C)— ‘‘(c) CIVILIAN CONSERVATION CENTERS.— the Secretary may renew the terms of an

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agreement described in subsection (a)(1)(A) (B) by striking ‘‘may’’ after ‘‘The Sec- ‘‘(b) WORKFORCE COUNCIL COMPOSITION.— for an entity to operate a Job Corps center if retary’’ and inserting ‘‘shall’’; and ‘‘(1) IN GENERAL.—A workforce council the center meets or exceeds each of the indi- (C) by striking ‘‘vocational’’ each place it shall be comprised of— cators of performance described in section appears and inserting ‘‘career and tech- ‘‘(A) business members of the State board 159(c)(1). nical’’; and described in section 111(b)(1)(B)(i); ‘‘(2) RECOMPETITION.— (3) by amending paragraph (3) of subsection ‘‘(B) business members of the local boards ‘‘(A) IN GENERAL.—Notwithstanding para- (c) to read as follows: described in section 117(b)(2)(A) located in graph (1), the Secretary shall not renew the ‘‘(3) DEMONSTRATION.—Each year, any oper- the State; terms of the agreement for an entity to oper- ator seeking to enroll additional enrollees in ‘‘(C) a representative of the State board de- ate a Job Corps center if such center is an advanced career training program shall scribed in section 111(f); and ranked in the bottom quintile of centers de- demonstrate, before the operator may carry ‘‘(D) such other representatives and State scribed in section 159(f)(2) for any program out such additional enrollment, that— agency officials as the Governor may des- year. Such entity may submit a new applica- ‘‘(A) participants in such program have ignate. tion under subsection (d) only if such center achieved a satisfactory rate of completion ‘‘(2) MAJORITY.—A 2⁄3 majority of the mem- has shown significant improvement on the and placement in training-related jobs; and bers of the workforce council shall be rep- indicators of performance described in sec- ‘‘(B) such operator has met or exceeded the resentatives described in paragraph (1)(A). tion 159(c)(1) over the last program year. indicators of performance described in para- ‘‘(c) RESPONSIBILITIES.—The responsibil- ‘‘(B) VIOLATIONS.—The Secretary shall not graphs (1) and (2) of section 159(c) for the pre- ities of the workforce council shall be— select an entity to operate a Job Corps cen- vious year.’’. ‘‘(1) to review all the relevant labor mar- ket information, including related informa- ter if such entity or such center has been SEC. 432. COUNSELING AND JOB PLACEMENT. tion in the State plan described in section found to have a systemic or substantial ma- Section 149 (29 U.S.C. 2889) is amended— 112, to— terial failure that involves— (1) in subsection (a), by striking ‘‘voca- ‘‘(i) a threat to the health, safety, or civil ‘‘(A) determine the in-demand industries in tional’’ and inserting ‘‘career and technical rights of program participants or staff; the State in which enrollees intend to seek education and’’; ‘‘(ii) the misuse of funds received under employment after graduation; (2) in subsection (b)— this subtitle; ‘‘(B) determine the skills and education (A) by striking ‘‘make every effort to ar- ‘‘(iii) loss of legal status or financial via- that are necessary to obtain the employment range to’’; and bility, loss of permits, debarment from re- opportunities described in subparagraph (A); (B) by striking ‘‘to assist’’ and inserting ceiving Federal grants or contracts, or the and ‘‘assist’’; and improper use of Federal funds; ‘‘(C) determine the type or types of career (3) by striking subsection (d). ‘‘(iv) failure to meet any other Federal or and technical education and training that State requirement that the entity has shown SEC. 433. SUPPORT. will be implemented at the center to enable an unwillingness or inability to correct, Subsection (b) of section 150 (29 U.S.C. 2890) the enrollees to obtain the employment op- after notice from the Secretary, within the is amended to read as follows: portunities; and period specified; or ‘‘(b) TRANSITION ALLOWANCES AND SUPPORT ‘‘(2) to meet at least once a year to re- ‘‘(v) an unresolved area of noncompliance. FOR GRADUATES.—The Secretary shall ar- evaluate the labor market information, and ‘‘(g) CURRENT GRANTEES.—Not later than 60 range for a transition allowance to be paid to other relevant information, to determine days after the date of enactment of the graduates. The transition allowance shall be any necessary changes in the career and SKILLS Act and notwithstanding any pre- incentive-based to reflect a graduate’s com- technical education and training provided at vious grant award or renewals of such award pletion of academic, career and technical the center.’’. education or training, and attainment of a under this subtitle, the Secretary shall re- SEC. 437. TECHNICAL ASSISTANCE. quire all entities operating a Job Corps cen- recognized postsecondary credential, includ- Section 156 (29 U.S.C. 2896) is amended to ter under this subtitle to submit an applica- ing an industry-recognized credential.’’. read as follows: tion under subsection (d) to carry out the re- SEC. 434. OPERATIONS. ‘‘SEC. 156. TECHNICAL ASSISTANCE TO CENTERS. quirements of this section.’’. Section 151 (29 U.S.C. 2891) is amended— ‘‘(a) IN GENERAL.—From the funds reserved SEC. 431. PROGRAM ACTIVITIES. (1) in the header, by striking ‘‘OPERATING under section 132(a)(3), the Secretary shall Section 148 (29 U.S.C. 2888) is amended— PLAN.’’ and inserting ‘‘OPERATIONS.’’; provide, directly or through grants, con- (1) by amending subsection (a) to read as (2) in subsection (a), by striking ‘‘IN GEN- tracts, or other agreements or arrangements follows: ERAL.—’’ and inserting ‘‘OPERATING PLAN.—’’; as the Secretary considers appropriate, tech- ‘‘(a) ACTIVITIES PROVIDED THROUGH JOB (3) by striking subsection (b) and redesig- nical assistance and training for the Job CORPS CENTERS.— nating subsection (c) as subsection (b); Corps program for the purposes of improving ‘‘(1) IN GENERAL.—Each Job Corps center (4) by amending subsection (b) (as so redes- program quality. shall provide enrollees with an intensive, ignated)— ‘‘(b) ACTIVITIES.—In providing training and well-organized, and supervised program of (A) in the heading by inserting ‘‘OF OPER- technical assistance and for allocating re- education, career and technical education ATING PLAN’’ after ‘‘AVAILABILITY’’; and sources for such assistance, the Secretary and training, work experience, recreational (B) by striking ‘‘subsections (a) and (b)’’ shall— activities, physical rehabilitation and devel- and inserting ‘‘subsection (a)’’; and ‘‘(1) assist entities, including those entities opment, and counseling. Each Job Corps cen- (5) by adding at the end the following new not currently operating a Job Corps center, ter shall provide enrollees assigned to the subsection: in developing the application described in center with access to work ready services de- ‘‘(c) ADMINISTRATIVE COSTS.—Not more section 147(d); scribed in section 134(c)(2). than 10 percent of the funds allotted under ‘‘(2) assist Job Corps centers and programs ‘‘(2) RELATIONSHIP TO OPPORTUNITIES.— section 147 to an entity selected to operate a in correcting deficiencies and violations ‘‘(A) IN GENERAL.—The activities provided Job Corps center may be used by the entity under this subtitle; under this subsection shall be targeted to for administrative costs under this sub- ‘‘(3) assist Job Corps centers and programs helping enrollees, on completion of their en- title.’’. in meeting or exceeding the indicators of rollment— SEC. 435. COMMUNITY PARTICIPATION. performance described in paragraph (1) and ‘‘(i) secure and maintain meaningful un- Section 153 (29 U.S.C. 2893) is amended to (2) of section 159(c); and subsidized employment; read as follows: ‘‘(4) assist Job Corps centers and programs ‘‘(ii) complete secondary education and ob- in the development of sound management ‘‘SEC. 153. COMMUNITY PARTICIPATION. tain a regular secondary school diploma; practices, including financial management ‘‘The director of each Job Corps center ‘‘(iii) enroll in and complete postsecondary procedures.’’. shall encourage and cooperate in activities education or training programs, including SEC. 438. SPECIAL PROVISIONS. obtaining recognized postsecondary creden- to establish a mutually beneficial relation- ship between Job Corps centers in the State Section 158(c)(1) (29 U.S.C. 2989(c)(1)) is tials (such as industry-recognized creden- amended by striking ‘‘title II of the Federal and nearby communities. Such activities tials and certificates from registered appren- Property and Administrative Services Act of may include the use of any local workforce ticeship programs); or 1949 (40 U.S.C. 481 et seq.)’’ and inserting development boards established under sec- ‘‘(iv) satisfy Armed Forces requirements. ‘‘chapter 5 of title 40, United States Code,’’. tion 117 to provide a mechanism for joint dis- ‘‘(B) LINK TO EMPLOYMENT OPPORTUNITIES.— cussion of common problems and for plan- SEC. 439. PERFORMANCE ACCOUNTABILITY MAN- The career and technical education and AGEMENT. training provided shall be linked to the em- ning programs of mutual interest.’’. Section 159 (29 U.S.C. 2899) is amended— ployment opportunities in in-demand indus- SEC. 436. WORKFORCE COUNCILS. (1) in the section heading, by striking tries in the State in which the Job Corps Section 154 (29 U.S.C. 2894) is amended to ‘‘MANAGEMENT INFORMATION’’ and inserting center is located.’’; and read as follows: ‘‘PERFORMANCE ACCOUNTABILITY AND MANAGE- (2) in subsection (b)— ‘‘SEC. 154. WORKFORCE COUNCILS. MENT’’; (A) in the subsection heading, by striking ‘‘(a) IN GENERAL.—Each Job Corps center (2) in subsection (a)(3), by inserting before ‘‘EDUCATION AND VOCATIONAL’’ and inserting shall have a workforce council appointed by the period at the end the following: ‘‘, or op- ‘‘ACADEMIC AND CAREER AND TECHNICAL EDU- the Governor of the State in which the Job erating costs for such centers result in a CATION AND’’; Corps center is located. budgetary shortfall’’;

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Job Corps center annually. Such review shall 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 ‘‘(a) GENERAL TECHNICAL ASSISTANCE.—’’; ‘‘(f) TRANSPARENCY AND ACCOUNTABILITY.— outcome, which is calculated by comparing (3) by redesignating paragraphs (1), (2), and ‘‘(1) REPORT.—The Secretary shall collect the number of graduates who were placed in (3) as subsections (a), (b), and (c) respec- and annually submit to the Committee on unsubsidized employment or obtained a rec- tively, and moving such subsections 2 ems to Education and the Workforce of the House of ognized postsecondary credential, including the left, and conforming the casing style of Representatives and the Committee on an industry-recognized credential, to total the headings of such subsections to the cas- Health, Education, Labor and Pensions of program costs, including all operations, con- ing style of the heading of subsection (d), as the Senate, and make available to the public struction, and administration costs at each added by paragraph (7) of this section; Job Corps center. by electronic means, a report containing— (4) in subsection (a) (as so redesignated)— ‘‘(2) SECONDARY INDICATORS.—The annual ‘‘(A) information on the performance of (A) by inserting ‘‘the training of staff pro- secondary indicators of performance for Job each Job Corps center, and the Job Corps viding rapid response services and additional Corps centers shall include— program, on the performance indicators de- assistance, the training of other staff of re- ‘‘(A) the percentage and number of grad- scribed in paragraphs (1) and (2) of sub- cipients of funds under this title, assistance uates who entered unsubsidized employment section (c); regarding accounting and program operation not related to the career and technical edu- ‘‘(B) a comparison of each Job Corps cen- practices (when such assistance would not be cation and training received through the Job ter, by rank, on the performance indicators duplicative to assistance provided by the Corps center; described in paragraphs (1) and (2) of sub- State), technical assistance to States that do ‘‘(B) the percentage and number of grad- section (c); not meet State performance measures de- uates who entered into postsecondary edu- ‘‘(C) a comparison of each Job Corps cen- scribed in section 136,’’ after ‘‘localities,’’; cation; ter, by rank, on the average performance of and ‘‘(C) the percentage and number of grad- all primary indicators described in para- (B) by striking ‘‘from carrying out activi- uates who entered into the military; graph (1) of subsection (c); ties’’ and all that follows up to the period ‘‘(D) the average wage of graduates who ‘‘(D) information on the performance of the and inserting ‘‘to implement the amend- are in unsubsidized employment— service providers described in paragraphs (3) ments made by the SKILLS Act’’; ‘‘(i) on the first day of employment; and and (4) of subsection (c) on the performance (5) in subsection (b) (as so redesignated)— ‘‘(ii) 6 months after the first day; indicators established under such para- (A) by striking ‘‘paragraph (1)’’ and insert- ‘‘(E) the number and percentage of grad- graphs; and ing ‘‘subsection (a)’’; uates who entered unsubsidized employment ‘‘(E) a comparison of each service provider, (B) by striking ‘‘, or recipient of financial and were retained in the unsubsidized em- by rank, on the performance of all service assistance under any of sections 166 through ployment— providers described in paragraphs (3) and (4) 169,’’; and ‘‘(i) 6 months after the first day of employ- of subsection (c) on the performance indica- (C) by striking ‘‘or grant recipient’’; ment; and tors established under such paragraphs. (6) in subsection (c) (as so redesignated), by ‘‘(ii) 12 months after the first day of em- ‘‘(2) ASSESSMENT.—The Secretary shall striking ‘‘paragraph (1)’’ and inserting ‘‘sub- ployment; conduct an annual assessment of the per- section (a)’’; and ‘‘(F) the percentage and number of enroll- formance of each Job Corps center which (7) by inserting, after subsection (c) (as so ees compared to the percentage and number shall include information on the Job Corps redesignated), the following: of enrollees the Secretary has established as centers that— ‘‘(d) BEST PRACTICES COORDINATION.—The targets in section 145(c)(1); ‘‘(A) are ranked in the bottom 10 percent Secretary shall— ‘‘(G) the cost per training slot, which is on the performance indicator described in ‘‘(1) establish a system through which calculated by comparing the program’s max- paragraph (1)(C); or States may share information regarding best imum number of enrollees that can be en- ‘‘(B) have failed a safety and health code practices with regard to the operation of rolled in a Job Corps center at any given review described in subsection (g). workforce investment activities under this time during the program year to the number ‘‘(3) PERFORMANCE IMPROVEMENT.—With re- Act; and of enrollees in the same program year; and spect to a Job Corps center that is identified ‘‘(2) evaluate and disseminate information ‘‘(H) the number and percentage of former under paragraph (2) or reports less than 50 regarding best practices and identify knowl- enrollees, including the number dismissed percent on the performance indicators de- edge gaps.’’. under the zero tolerance policy described in scribed in subparagraph (A), (B), or (C) of SEC. 442. EVALUATIONS. section 152(b). subsection (c)(1), the Secretary shall develop Section 172 (29 U.S.C. 2917) is amended— ‘‘(3) INDICATORS OF PERFORMANCE FOR RE- and implement a 1 year performance im- (1) in subsection (a), by striking ‘‘the Sec- CRUITERS.—The annual indicators of per- provement plan. Such a plan shall require retary shall provide for the continuing eval- formance for recruiters shall include the action including— uation of the programs and activities, in- measurements described in subparagraph (A) ‘‘(A) providing technical assistance to the cluding those programs and activities car- of paragraph (1) and subparagraphs (F), (G), center; ried out under section 171’’ and inserting and (H) of paragraph (2). ‘‘(B) changing the management staff of the ‘‘the Secretary, through grants, contracts, or ‘‘(4) INDICATORS OF PERFORMANCE OF CAREER center; cooperative agreements, shall conduct, at TRANSITION SERVICE PROVIDERS.—The annual ‘‘(C) replacing the operator of the center; least once every 5 years, an independent indicators of performance of career transi- ‘‘(D) reducing the capacity of the center; or evaluation of the programs and activities tion service providers shall include the ‘‘(E) closing the center. funded under this Act’’; measurements described in subparagraphs ‘‘(4) CLOSURE OF JOB CORPS CENTERS.—Job (2) by amending subsection (a)(4) to read as (B) and (C) of paragraph (1) and subpara- Corps centers that have been identified follows: graphs, (B), (C), (D), and (E) of paragraph (2). under paragraph (2) for more than 4 consecu- ‘‘(4) the impact of receiving services and ‘‘(d) ADDITIONAL INFORMATION.—The Sec- tive years shall be closed. The Secretary not receiving services under such programs retary shall collect, and submit in the report shall ensure— and activities on the community, businesses, described in subsection (f), information on ‘‘(A) that the proposed decision to close and individuals;’’; the performance of each Job Corps center, the center is announced in advance to the (3) by amending subsection (c) to read as and the Job Corps program, regarding— general public through publication in the follows:

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‘‘(c) TECHNIQUES.—Evaluations conducted of Labor (referred to in this Act as the ‘Ad- (ii) in the second sentence, by striking ‘‘171 under this section shall utilize appropriate ministration’) shall administer all programs or’’; and rigorous methodology and research de- authorized under title I and the Wagner- (2) in subsection (i)— signs, including the use of control groups Peyser Act (29 U.S.C. 49 et seq.). The Admin- (A) by striking paragraphs (2) and (3); chosen by scientific random assignment istration shall be headed by an Assistant (B) by redesignating paragraph (4) as para- methodologies, quasi-experimental methods, Secretary appointed by the President by and graph (2); impact analysis and the use of administra- with the advice and consent of the Senate. (C) by amending paragraph (2)(A), as so re- tive data. The Secretary shall conduct an Except for title II and the Rehabilitation Act designated— impact analysis, as described in subsection of 1973 (29 U.S.C. 701 et seq.), the Administra- (i) in clause (i), by striking ‘‘; and’’ and in- (a)(4), of the formula grant program under tion shall be the principal agency, and the serting a period at the end; subtitle B not later than 2016, and thereafter Assistant Secretary shall be the principal of- (ii) by striking ‘‘requirements of subpara- shall conduct such an analysis not less than ficer, of such Department for carrying out graph (B)’’ and all that follows through ‘‘any once every 4 years.’’; this Act. of the statutory or regulatory requirements (4) in subsection (e), by striking ‘‘the Com- ‘‘(2) QUALIFICATIONS.—The Assistant Sec- of subtitle B’’ and inserting ‘‘requirements of mittee on Labor and Human Resources of the retary shall be an individual with substan- subparagraph (B) or (D), any of the statutory Senate’’ and inserting ‘‘the Committee on tial experience in workforce development or regulatory requirements of subtitle B’’; Health, Education, Labor, and Pensions of and in workforce development management. and the Senate’’; The Assistant Secretary shall also, to the (iii) by striking clause (ii); and (5) by redesignating subsection (f) as sub- maximum extent possible, possess knowledge (D) by adding at the end the following: section (g) and inserting after subsection (e) and have worked in or with the State or ‘‘(D) EXPEDITED PROCESS FOR EXTENDING the following: local workforce investment system or have APPROVED WAIVERS TO ADDITIONAL STATES.— ‘‘(f) REDUCTION OF AMOUNTS AUTHORIZED TO been a member of the business community. The Secretary may establish an expedited BE APPROPRIATED FOR LATE REPORTING.—If a ‘‘(3) FUNCTIONS.—In the performance of the 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. retary shall be considered to be a reference such report is transmitted to Congress.’’; and ‘‘(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 acting through the Assistant Secretary.’’. ‘‘(h) PUBLIC AVAILABILITY.—The results of 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 (B) by striking ‘‘, except that’’ and all that SEC. 451. STATE LEGISLATIVE AUTHORITY. CHAPTER 5—ADMINISTRATION follows and inserting a period; and Section 191(a) (29 U.S.C. 2941(a)) is amend- SEC. 446. REQUIREMENTS AND RESTRICTIONS. (2) in subsection (e)— ed— Section 181 (29 U.S.C. 2931) is amended— (A) by striking ‘‘sections 128 and 133’’ and (1) by striking ‘‘consistent with the provi- (1) in subsection (b)(6), by striking ‘‘, in- inserting ‘‘section 133’’; and sions of this title’’ and inserting ‘‘consistent cluding representatives of businesses and of (B) by striking ‘‘127 or’’. with State law and the provisions of this labor organizations,’’; SEC. 448. FISCAL CONTROLS; SANCTIONS. title’’; and (2) in subsection (c)(2)(A), in the matter Section 184(a)(2) (29 U.S.C. 2934(a)(2)) is (2) by striking ‘‘consistent with the terms preceding clause (i), by striking ‘‘shall’’ and amended— and conditions required under this title’’ and inserting ‘‘may’’; (1) by striking ‘‘(A)’’ and all that follows inserting ‘‘consistent with State law and the (3) in subsection (e)— through ‘‘Each’’ and inserting ‘‘Each’’; and terms and conditions required under this (A) by striking ‘‘training for’’ and insert- (2) by striking subparagraph (B). title’’. ing ‘‘the entry into employment, retention SEC. 449. REPORTS TO CONGRESS. SEC. 452. GENERAL PROGRAM REQUIREMENTS. in employment, or increases in earnings of’’; Section 185 (29 U.S.C. 2935) is amended— and (1) in subsection (c)— Section 195 (29 U.S.C. 2945) is amended— (B) by striking ‘‘subtitle B’’ and inserting (A) in paragraph (2), by striking ‘‘and’’ (1) in paragraph (7), by inserting at the end ‘‘this Act’’; after the semicolon; the following: (4) in subsection (f)(4), by striking (B) in paragraph (3), by striking the period ‘‘(D) Funds received under a program by a ‘‘134(a)(3)(B)’’ and inserting ‘‘133(a)(4)’’; and and inserting ‘‘; and’’; and public or private nonprofit entity that are (5) by adding at the end the following: (C) by adding at the end the following: not described in subparagraph (B), such as ‘‘(g) SALARY AND BONUS LIMITATION.— ‘‘(4) shall have the option to submit or dis- funds privately raised from philanthropic ‘‘(1) IN GENERAL.—No funds provided under seminate electronically any reports, records, foundations, businesses, or other private en- this title shall be used by a recipient or sub- plans, or other data that are required to be tities, shall not be considered to be income recipient of such funds to pay the salary and collected or disseminated under this title.’’; under this title and shall not be subject to bonuses of an individual, either as direct and the requirements of this paragraph.’’; costs or indirect costs, at a rate in excess of (2) in subsection (e)(2), by inserting ‘‘and (2) by striking paragraph (9); the rate prescribed in level II of the Execu- the Secretary shall submit to the Committee (3) by redesignating paragraphs (10) tive Schedule under section 5315 of title 5, on Education and the Workforce of the through (13) as paragraphs (9) through (12), United States Code. House of Representatives and the Committee respectively; ‘‘(2) VENDORS.—The limitation described in on Health, Education, Labor, and Pensions of (4) by adding at the end the following new paragraph (1) shall not apply to vendors pro- the Senate,’’ after ‘‘Secretary,’’. paragraphs: viding goods and services as defined in OMB SEC. 450. ADMINISTRATIVE PROVISIONS. ‘‘(13) Funds provided under this title shall Circular A–133. Section 189 (29 U.S.C. 2939) is amended— not be used to establish or operate stand- ‘‘(3) LOWER LIMIT.—In a case in which a (1) in subsection (g)— alone fee-for-service enterprises that com- State is a recipient of such funds, the State (A) by amending paragraph (1) to read as pete with private sector employment agen- may establish a lower limit than is provided follows: cies within the meaning of section 701(c) of in paragraph (1) for salaries and bonuses of ‘‘(1) IN GENERAL.—Appropriations for any the Civil Rights Act of 1964 (42 U.S.C. those receiving salaries and bonuses from a fiscal year for programs and activities car- 2000e(c)), except that for purposes of this subrecipient of such funds, taking into ac- ried out under this title shall be available for paragraph, such an enterprise does not in- count factors including the relative cost of obligation only on the basis of a program clude a one-stop center. living in the State, the compensation levels year. The program year shall begin on Octo- ‘‘(14) Any report required to be submitted for comparable State or local government ber 1 in the fiscal year for which the appro- to Congress, or to a Committee of Congress, employees, and the size of the organizations priation is made.’’; and under this title shall be submitted to both that administer the Federal programs in- (B) in paragraph (2)— the chairmen and ranking minority members volved. (i) in the first sentence, by striking ‘‘each of the Committee on Education and the ‘‘(h) GENERAL AUTHORITY.— State’’ and inserting ‘‘each recipient (except Workforce of the House of Representatives ‘‘(1) IN GENERAL.—The Employment and as otherwise provided in this paragraph)’’; and the Committee on Health, Education, Training Administration of the Department and Labor, and Pensions of the Senate.’’.

VerDate Mar 15 2010 03:09 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A08JA6.023 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE January 8, 2014 CONGRESSIONAL RECORD — SENATE S169 SEC. 453. FEDERAL AGENCY STAFF AND RESTRIC- executive-legislative relationships or par- Development Act of 1974 (42 U.S.C. 5301 et TIONS ON POLITICAL AND LOB- ticipation by an agency or officer of a State, seq.). BYING ACTIVITIES. local, or tribal government in policymaking ‘‘(M) Activities and programs authorized Subtitle E of title I (29 U.S.C. 2931 et seq.) and administrative processes within the ex- under the Public Works and Economic Devel- is amended by adding at the end the fol- ecutive branch of that government. opment Act of 1965 (42 U.S.C. 3121 et seq.). lowing new sections: ‘‘(b) POLITICAL RESTRICTIONS.— ‘‘(N) Activities authorized under chapter 41 ‘‘SEC. 196. FEDERAL AGENCY STAFF. ‘‘(1) IN GENERAL.—No funds received by a of title 38, United States Code.’’; ‘‘The Director of the Office of Management participant of a program or activity under (3) by amending subsection (d) to read as and Budget shall— this Act shall be used for— follows: ‘‘(1) not later than 60 days after the date of ‘‘(A) any partisan or nonpartisan political ‘‘(d) APPROVAL.— the enactment of the SKILLS Act— activity or any other political activity asso- ‘‘(1) JURISDICTION.—In approving a State ‘‘(A) identify the number of Federal gov- ciated with a candidate, or contending fac- ernment employees who, on the day before unified plan under this section, the Sec- tion or group, in an election for public or retary shall— the date of enactment of the SKILLS Act, party office; or worked on or administered each of the pro- ‘‘(A) submit the portion of the State uni- ‘‘(B) any activity to provide voters with fied plan covering an activity or program de- grams and activities that were authorized transportation to the polls or similar assist- under this Act or were authorized under a scribed in subsection (b)(2) to the head of the ance in connection with any such election. provision listed in section 401 of the SKILLS Federal agency who exercises administrative ‘‘(2) RESTRICTION ON VOTER REGISTRATION Act; and authority over the activity or program for ACTIVITIES.—No funds under this Act shall be ‘‘(B) identify the number of full-time the approval of such portion by such Federal used to conduct voter registration activities. equivalent employees who on the day before agency head; or ‘‘(3) DEFINITION.—For the purposes of this that date of enactment, worked on or admin- ‘‘(B) coordinate approval of the portion of subsection, the term ‘participant’ includes istered each of the programs and activities the State unified plan covering an activity any State, local area, or government, non- described in subparagraph (A), on functions or program described in subsection (b)(2) profit, or for-profit entity receiving funds for which the authorizing provision has been with the head of the Federal agency who ex- under this Act.’’. repealed, or for which an amount has been ercises administrative authority over the ac- consolidated (if such employee is in a dupli- CHAPTER 6—STATE UNIFIED PLAN tivity or program. cate position), on or after such date of enact- SEC. 456. STATE UNIFIED PLAN. ‘‘(2) TIMELINE.—A State unified plan shall ment; Section 501 (20 U.S.C. 9271) is amended— be considered to be approved by the Sec- ‘‘(2) not later than 90 after such date of en- (1) by amending subsection (a) to read as retary at the end of the 90-day period begin- actment, publish the information described follows: ning on the day the Secretary receives the in paragraph (1) on the Office of Management ‘‘(a) GENERAL AUTHORITY.—The Secretary plan, unless the Secretary makes a written and Budget website; and shall receive and approve State unified plans determination, during the 90-day period, that ‘‘(3) not later than 1 year after such date of developed and submitted in accordance with details how the plan is not consistent with enactment— this section.’’; the requirements of the Federal statute au- ‘‘(A) reduce the workforce of the Federal (2) by amending subsection (b) to read as thorizing an activity or program described in Government by the number of full-time follows: subsection (b)(2) and covered under the plan equivalent employees identified under para- ‘‘(b) STATE UNIFIED PLAN.— or how the plan is not consistent with the re- graph (1)(B); and ‘‘(1) IN GENERAL.—A State may develop and quirements of subsection (c)(3). ‘‘(B) submit to Congress a report on how submit to the Secretary a State unified plan ‘‘(3) SCOPE OF PORTION.—For purposes of the Director carried out the requirements of for 2 or more of the activities or programs paragraph (1), the portion of the State uni- subparagraph (A). set forth in paragraph (2). The State unified fied plan covering an activity or program ‘‘SEC. 197. RESTRICTIONS ON LOBBYING AND PO- plan shall cover one or more of the activities shall be considered to include the plan de- LITICAL ACTIVITIES. or programs set forth in subparagraphs (A) scribed in subsection (c)(3) and any proposal ‘‘(a) LOBBYING RESTRICTIONS.— and (B) of paragraph (2) and shall cover one described in subsection (e)(2), as that part ‘‘(1) PUBLICITY RESTRICTIONS.— or more of the activities or programs set and proposal relate to the activity or pro- ‘‘(A) IN GENERAL.—Subject to subparagraph forth in subparagraphs (C) through (N) of gram.’’; and (B), no funds provided under this Act shall be paragraph (2). (4) by adding at the end the following: used or proposed for use, for— ‘‘(2) ACTIVITIES AND PROGRAMS.—For pur- ‘‘(e) ADDITIONAL EMPLOYMENT AND TRAIN- ‘‘(i) publicity or propaganda purposes; or poses of paragraph (1), the term ‘activity or ING FUNDS.— ‘‘(ii) the preparation, distribution, or use program’ means any 1 of the following 14 ac- ‘‘(1) PURPOSE.—It is the purpose of this of any kit, pamphlet, booklet, publication, tivities or programs: subsection to reduce inefficiencies in the ad- electronic communication, radio, television, ‘‘(A) Activities and programs authorized ministration of federally funded State and or video presentation designed to support or under title I. local employment and training programs. defeat the enactment of legislation before ‘‘(B) Activities and programs authorized ‘‘(2) IN GENERAL.—In developing a State the Congress or any State or local legisla- under title II. unified plan for the activities or programs ture or legislative body. ‘‘(C) Programs authorized under title I of described in subsection (b)(2), and subject to ‘‘(B) EXCEPTION.—Subparagraph (A) shall the Rehabilitation Act of 1973 (29 U.S.C. 710 paragraph (4) and to the State plan approval not apply to— et seq.). process under subsection (d), a State may ‘‘(i) normal and recognized executive-legis- ‘‘(D) Secondary career and technical edu- propose to consolidate the amount, in whole lative relationships; cation programs authorized under the Carl or part, provided for the activities or pro- ‘‘(ii) the preparation, distribution, or use D. Perkins Career and Technical Education grams covered by the plan into the Work- of the materials described in subparagraph Act of 2006 (20 U.S.C. 2301 et seq.). force Investment Fund under section 132(b) (A)(ii) in presentation to the Congress or any ‘‘(E) Postsecondary career and technical to improve the administration of State and State or local legislature or legislative body education programs authorized under the local employment and training programs. (except that this subparagraph does not Carl D. Perkins Career and Technical Edu- ‘‘(3) REQUIREMENTS.—A State that has a apply with respect to such preparation, dis- cation Act of 2006. State unified plan approved under subsection tribution, or use in presentation to the exec- ‘‘(F) Activities and programs authorized (d) with a proposal for consolidation under utive branch of any State or local govern- under title II of the Trade Act of 1974 (19 paragraph (2), and that is carrying out such ment); or U.S.C. 2251 et seq.). consolidation, shall— ‘‘(iii) such preparation, distribution, or use ‘‘(G) Programs and activities authorized ‘‘(A) in providing an activity or program of such materials, that are designed to sup- under the Act of August 16, 1937 (commonly for which an amount is consolidated into the port or defeat any proposed or pending regu- known as the ‘National Apprenticeship Act’; Workforce Investment Fund— lation, administrative action, or order issued 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). ‘‘(i) continue to meet the program require- by the executive branch of any State or local ‘‘(H) Programs authorized under the Com- ments, limitations, and prohibitions of any government. munity Services Block Grant Act (42 U.S.C. Federal statute authorizing the activity or ‘‘(2) SALARY PAYMENT RESTRICTION.—No 9901 et seq.). program; and funds provided under this Act shall be used, ‘‘(I) Programs authorized under part A of ‘‘(ii) meet the intent and purpose for the or proposed for use, to pay the salary or ex- title IV of the Social Security Act (42 U.S.C. activity or program; and penses of any grant or contract recipient, or 601 et seq.). ‘‘(B) continue to make reservations and al- agent acting for such recipient, related to ‘‘(J) Programs authorized under State un- lotments under subsections (a) and (b) of sec- any activity designed to influence the enact- employment compensation laws (in accord- tion 133. ment or issuance of legislation, appropria- ance with applicable Federal law). ‘‘(4) EXCEPTIONS.—A State may not con- tions, regulations, administrative action, or ‘‘(K) Work programs authorized under sec- solidate an amount under paragraph (2) that an executive order proposed or pending be- tion 6(o) of the Food and Nutrition Act of is allocated to the State under— fore the Congress or any State government, 1977 (7 U.S.C. 2015(o)). ‘‘(A) the Carl D. Perkins Career and Tech- or a State or local legislature or legislative ‘‘(L) Activities and programs authorized nical Education Act of 2006 (20 U.S.C. 2301 et body, other than for normal and recognized under title I of the Housing and Community seq.); or

VerDate Mar 15 2010 03:09 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A08JA6.023 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE S170 CONGRESSIONAL RECORD — SENATE January 8, 2014 ‘‘(B) title I of the Rehabilitation Act of ‘‘(A) a local educational agency; postsecondary education and training, in- 1973 (29 U.S.C. 710 et seq.).’’. ‘‘(B) a community-based or faith-based or- cluding through co-instruction. Subtitle B—Adult Education and Family ganization; ‘‘(10) INSTITUTION OF HIGHER EDUCATION.— Literacy Education ‘‘(C) a volunteer literacy organization; The term ‘institution of higher education’ has the meaning given the term in section SEC. 461. AMENDMENT. ‘‘(D) an institution of higher education; 101 of the Higher Education Act of 1965. Title II (20 U.S.C. 9201 et seq.) is amended ‘‘(E) a public or private educational agen- ‘‘(11) LITERACY.—The term ‘literacy’ means to read as follows: cy; ‘‘(F) a library; an individual’s ability to read, write, and ‘‘TITLE II—ADULT EDUCATION AND ‘‘(G) a public housing authority; speak in English, compute, and solve prob- FAMILY LITERACY EDUCATION ‘‘(H) an institution that is not described in lems at a level of proficiency necessary to ‘‘SEC. 201. SHORT TITLE. any of subparagraphs (A) through (G) and obtain employment and to successfully make ‘‘This title may be cited as the ‘Adult Edu- has the ability to provide adult education, the transition to postsecondary education. cation and Family Literacy Education Act’. basic skills, and family literacy education ‘‘(12) LOCAL EDUCATIONAL AGENCY.—The ‘‘SEC. 202. PURPOSE. programs to adults and families; or term ‘local educational agency’ has the ‘‘It is the purpose of this title to provide ‘‘(I) a consortium of the agencies, organiza- meaning given the term in section 9101 of the instructional opportunities for adults seek- tions, institutions, libraries, or authorities Elementary and Secondary Education Act of ing to improve their literacy skills, includ- described in any of subparagraphs (A) 1965. ing their basic reading, writing, speaking, through (H). ‘‘(13) OUTLYING AREA.—The term ‘outlying and mathematics skills, and support States ‘‘(4) ENGLISH LANGUAGE ACQUISITION PRO- area’ has the meaning given the term in sec- and local communities in providing, on a GRAM.—The term ‘English language acquisi- tion 101 of this Act. voluntary basis, adult education and family tion program’ means a program of instruc- ‘‘(14) POSTSECONDARY EDUCATIONAL INSTITU- literacy education programs, in order to— tion— TION.—The term ‘postsecondary educational ‘‘(1) increase the literacy of adults, includ- ‘‘(A) designed to help English learners institution’ means— ing the basic reading, writing, speaking, and achieve competence in reading, writing, ‘‘(A) an institution of higher education mathematics skills, to a level of proficiency speaking, and comprehension of the English that provides not less than a 2-year program necessary for adults to obtain employment language; and of instruction that is acceptable for credit and self-sufficiency and to successfully ad- ‘‘(B) that may lead to— toward a bachelor’s degree; vance in the workforce; ‘‘(i) attainment of a secondary school di- ‘‘(B) a tribally controlled community col- ‘‘(2) assist adults in the completion of a ploma or its recognized equivalent; lege; or secondary school education (or its equiva- ‘‘(ii) transition to success in postsecondary ‘‘(C) a nonprofit educational institution of- lent) and the transition to a postsecondary education and training; and fering certificate or apprenticeship programs educational institution; ‘‘(iii) employment or career advancement. at the postsecondary level. ‘‘(3) assist adults who are parents to enable ‘‘(5) FAMILY LITERACY EDUCATION PRO- ‘‘(15) SECRETARY.—The term ‘Secretary’ them to support the educational develop- GRAM.—The term ‘family literacy education means the Secretary of Education. ment of their children and make informed program’ means an educational program ‘‘(16) STATE.—The term ‘State’ means each choices regarding their children’s education that— of the several States of the United States, including, through instruction in basic read- ‘‘(A) assists parents and students, on a vol- the District of Columbia, and the Common- ing, writing, speaking, and mathematics untary basis, in achieving the purpose of this wealth of Puerto Rico. skills; and title as described in section 202; and ‘‘(17) STATE EDUCATIONAL AGENCY.—The ‘‘(4) assist adults who are not proficient in ‘‘(B) is of sufficient intensity in terms of term ‘State educational agency’ has the English in improving their reading, writing, hours and of sufficient quality to make sus- meaning given the term in section 9101 of the speaking, listening, comprehension, and tainable changes in a family, is evidence- Elementary and Secondary Education Act of mathematics skills. based, and, for the purpose of substantially 1965. ‘‘SEC. 203. DEFINITIONS. increasing the ability of parents and children ‘‘(18) WORKPLACE LITERACY PROGRAM.—The ‘‘In this title: to read, write, and speak English, inte- term ‘workplace literacy program’ means an ‘‘(1) ADULT EDUCATION AND FAMILY LIT- grates— educational program that is offered in col- ERACY EDUCATION PROGRAMS.—The term ‘‘(i) interactive literacy activities between laboration between eligible providers and ‘adult education and family literacy edu- parents and their children; employers or employee organizations for the cation programs’ means a sequence of aca- ‘‘(ii) training for parents regarding how to purpose of improving the productivity of the demic instruction and educational services be the primary teacher for their children and workforce through the improvement of read- below the postsecondary level that increase full partners in the education of their chil- ing, writing, speaking, and mathematics an individual’s ability to read, write, and dren; skills. speak English and perform mathematical ‘‘(iii) parent literacy training that leads to ‘‘SEC. 204. HOME SCHOOLS. computations leading to a level of pro- economic self-sufficiency; and ‘‘Nothing in this title shall be construed to ficiency equivalent to at least a secondary ‘‘(iv) an age-appropriate education to pre- affect home schools, whether or not a home school completion that is provided for indi- pare children for success in school and life school is treated as a home school or a pri- viduals— experiences. vate school under State law, or to compel a ‘‘(A) who are at least 16 years of age; ‘‘(6) GOVERNOR.—The term ‘Governor’ parent engaged in home schooling to partici- ‘‘(B) who are not enrolled or required to be means the chief executive officer of a State pate in adult education and family literacy enrolled in secondary school under State or outlying area. education activities under this title. law; and ‘‘(7) INDIVIDUAL WITH A DISABILITY.— ‘‘SEC. 205. AUTHORIZATION OF APPROPRIATIONS. ‘‘(C) who— ‘‘(A) IN GENERAL.—The term ‘individual ‘‘There are authorized to be appropriated ‘‘(i) lack sufficient mastery of basic read- with a disability’ means an individual with to carry out this title, $606,294,933 for fiscal ing, writing, speaking, and mathematics any disability (as defined in section 3 of the year 2015 and for each of the 6 succeeding fis- skills to enable the individuals to function Americans with Disabilities Act of 1990). cal years. effectively in society; ‘‘(B) INDIVIDUALS WITH DISABILITIES.—The ‘‘(ii) do not have a secondary school di- term ‘individuals with disabilities’ means ‘‘Subtitle A—Federal Provisions ploma or its equivalent and have not more than one individual with a disability. ‘‘SEC. 211. RESERVATION OF FUNDS; GRANTS TO achieved an equivalent level of education; or ‘‘(8) ENGLISH LEARNER.—The term ‘English ELIGIBLE AGENCIES; ALLOTMENTS. ‘‘(iii) are English learners. learner’ means an adult or out-of-school ‘‘(a) RESERVATION OF FUNDS.—From the ‘‘(2) ELIGIBLE AGENCY.—The term ‘eligible youth who has limited ability in reading, sums appropriated under section 205 for a fis- agency’— writing, speaking, or understanding the cal year, the Secretary shall reserve 2.0 per- ‘‘(A) means the primary entity or agency English language, and— cent to carry out section 242. in a State or an outlying area responsible for ‘‘(A) whose native language is a language ‘‘(b) GRANTS TO ELIGIBLE AGENCIES.— administering or supervising policy for adult other than English; or ‘‘(1) IN GENERAL.—From the sums appro- education and family literacy education pro- ‘‘(B) who lives in a family or community priated under section 205 and not reserved grams in the State or outlying area, respec- environment where a language other than under subsection (a) for a fiscal year, the tively, consistent with the law of the State English is the dominant language. Secretary shall award a grant to each eligi- or outlying area, respectively; and ‘‘(9) INTEGRATED EDUCATION AND TRAIN- ble agency having a State plan approved ‘‘(B) may be the State educational agency, ING.—The term ‘integrated education and under section 224 in an amount equal to the the State agency responsible for admin- training’ means services that provide adult sum of the initial allotment under sub- istering workforce investment activities, or education and literacy activities contex- section (c)(1) and the additional allotment the State agency responsible for admin- tually and concurrently with workforce under subsection (c)(2) for the eligible agen- istering community or technical colleges. preparation activities and workforce train- cy for the fiscal year, subject to subsections ‘‘(3) ELIGIBLE PROVIDER.—The term ‘eligi- ing for a specific occupation or occupational (f) and (g). ble provider’ means an organization of dem- cluster. Such services may include offering ‘‘(2) PURPOSE OF GRANTS.—The Secretary onstrated effectiveness that is— adult education services concurrent with may award a grant under paragraph (1) only

VerDate Mar 15 2010 03:09 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A08JA6.023 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE January 8, 2014 CONGRESSIONAL RECORD — SENATE S171 if the eligible agency involved agrees to ex- countability provisions described in para- ‘‘(3) The provision of assistance to eligible pend the grant in accordance with the provi- graph (2)(A) and (3) of section 136(b) and may, providers in developing, implementing, and sions of this title. at a State’s discretion, include additional in- reporting measurable progress in achieving ‘‘(c) ALLOTMENTS.— dicators identified in the State plan ap- the objectives of this title. ‘‘(1) INITIAL ALLOTMENTS.—From the sums proved under section 224. ‘‘(4) The monitoring and evaluation of the appropriated under section 205 and not re- ‘‘Subtitle B—State Provisions quality of, and the improvement in, adult served under subsection (a) for a fiscal year, ‘‘SEC. 221. STATE ADMINISTRATION. education and literacy activities. the Secretary shall allot to each eligible ‘‘Each eligible agency shall be responsible ‘‘(5) The provision of technology assist- agency having a State plan approved under for the following activities under this title: ance, including staff training, to eligible pro- section 224— ‘‘(1) The development, submission, imple- viders of adult education and family literacy ‘‘(A) $100,000, in the case of an eligible mentation, and monitoring of the State plan. education programs, including distance edu- agency serving an outlying area; and ‘‘(2) Consultation with other appropriate cation activities, to enable the eligible pro- ‘‘(B) $250,000, in the case of any other eligi- viders to improve the quality of such activi- ble agency. agencies, groups, and individuals that are in- volved in, or interested in, the development ties. ‘‘(2) ADDITIONAL ALLOTMENTS.—From the ‘‘(6) The development and implementation sums appropriated under section 205, not re- and implementation of activities assisted under this title. of technology applications or distance edu- served under subsection (a), and not allotted cation, including professional development under paragraph (1), for a fiscal year, the ‘‘(3) Coordination and avoidance of duplica- tion with other Federal and State education, to support the use of instructional tech- Secretary shall allot to each eligible agency nology. that receives an initial allotment under training, corrections, public housing, and so- cial service programs. ‘‘(7) Coordination with other public pro- paragraph (1) an additional amount that grams, including programs under title I of ‘‘SEC. 222. STATE DISTRIBUTION OF FUNDS; bears the same relationship to such sums as this Act, and other welfare-to-work, work- the number of qualifying adults in the State MATCHING REQUIREMENT. ‘‘(a) STATE DISTRIBUTION OF FUNDS.—Each force development, and job training pro- or outlying area served by the eligible agen- grams. cy bears to the number of such adults in all eligible agency receiving a grant under this title for a fiscal year— ‘‘(8) Coordination with existing support States and outlying areas. services, such as transportation, child care, ‘‘(d) QUALIFYING ADULT.—For the purpose ‘‘(1) shall use not less than 82.5 percent of and other assistance designed to increase of subsection (c)(2), the term ‘qualifying the grant funds to award grants and con- rates of enrollment in, and successful com- adult’ means an adult who— tracts under section 231 and to carry out sec- pletion of, adult education and family lit- ‘‘(1) is at least 16 years of age; tion 225, of which not more than 10 percent of eracy education programs, for adults en- ‘‘(2) is beyond the age of compulsory school such amount shall be available to carry out rolled in such activities. attendance under the law of the State or section 225; ‘‘(9) The development and implementation outlying area; ‘‘(2) shall use not more than 12.5 percent of ‘‘(3) does not have a secondary school di- the grant funds to carry out State leadership of a system to assist in the transition from ploma or its recognized equivalent; and activities under section 223; and adult basic education to postsecondary edu- ‘‘(4) is not enrolled in secondary school. ‘‘(3) shall use not more than 5 percent of cation. ‘‘(e) SPECIAL RULE.— the grant funds, or $65,000, whichever is ‘‘(10) Activities to promote workplace lit- ‘‘(1) IN GENERAL.—From amounts made greater, for the administrative expenses of eracy programs. available under subsection (c) for the Repub- the eligible agency. ‘‘(11) Other activities of statewide signifi- lic of Palau, the Secretary shall award ‘‘(b) MATCHING REQUIREMENT.— cance, including assisting eligible providers grants to Guam, American Samoa, the Com- ‘‘(1) IN GENERAL.—In order to receive a in achieving progress in improving the skill monwealth of the Northern Mariana Islands, grant from the Secretary under section levels of adults who participate in programs or the Republic of Palau to carry out activi- 211(b), each eligible agency shall provide, for under this title. ties described in this title in accordance with the costs to be incurred by the eligible agen- ‘‘(12) Integration of literacy, instructional, the provisions of this title as determined by cy in carrying out the adult education and and occupational skill training and pro- the Secretary. family literacy education programs for motion of linkages with employees. ‘‘(2) TERMINATION OF ELIGIBILITY.—Notwith- which the grant is awarded, a non-Federal ‘‘(b) COORDINATION.—In carrying out this standing any other provision of law, the Re- contribution in an amount that is not less section, eligible agencies shall coordinate public of Palau shall be eligible to receive a than— where possible, and avoid duplicating efforts, grant under this title until an agreement for ‘‘(A) in the case of an eligible agency serv- in order to maximize the impact of the ac- the extension of United States education as- ing an outlying area, 12 percent of the total tivities described in subsection (a). ‘‘(c) STATE-IMPOSED REQUIREMENTS.— sistance under the Compact of Free Associa- amount of funds expended for adult edu- Whenever a State or outlying area imple- tion for the Republic of Palau becomes effec- cation and family literacy education pro- ments any rule or policy relating to the ad- tive. grams in the outlying area, except that the ministration or operation of a program au- ‘‘(f) HOLD-HARMLESS PROVISIONS.— Secretary may decrease the amount of funds thorized under this title that has the effect ‘‘(1) IN GENERAL.—Notwithstanding sub- required under this subparagraph for an eli- section (c) and subject to paragraph (2), for— of imposing a requirement that is not im- gible agency; and posed under Federal law (including any rule ‘‘(A) fiscal year 2015, no eligible agency ‘‘(B) in the case of an eligible agency serv- shall receive an allotment under this title or policy based on a State or outlying area ing a State, 25 percent of the total amount of interpretation of a Federal statute, regula- that is less than 90 percent of the allotment funds expended for adult education and fam- tion, or guideline), the State or outlying the eligible agency received for fiscal year ily literacy education programs in the State. area shall identify, to eligible providers, the 2012 under this title; and ‘‘(2) NON-FEDERAL CONTRIBUTION.—An eligi- rule or policy as being imposed by the State ‘‘(B) fiscal year 2016 and each succeeding ble agency’s non-Federal contribution re- or outlying area. fiscal year, no eligible agency shall receive quired under paragraph (1) may be provided ‘‘SEC. 224. STATE PLAN. an allotment under this title that is less in cash or in kind, fairly evaluated, and shall than 90 percent of the allotment the eligible ‘‘(a) 3-YEAR PLANS.— include only non-Federal funds that are used ‘‘(1) IN GENERAL.—Each eligible agency de- agency received for the preceding fiscal year for adult education and family literacy edu- under this title. siring a grant under this title for any fiscal cation programs in a manner that is con- year shall submit to, or have on file with, ‘‘(2) RATABLE REDUCTION.—If, for any fiscal sistent with the purpose of this title. year the amount available for allotment the Secretary a 3-year State plan. ‘‘SEC. 223. STATE LEADERSHIP ACTIVITIES. under this title is insufficient to satisfy the ‘‘(2) STATE UNIFIED PLAN.—The eligible ‘‘(a) IN GENERAL.—Each eligible agency provisions of paragraph (1), the Secretary agency may submit the State plan as part of may use funds made available under section shall ratable reduce the payments to all eli- a State unified plan described in section 501. 222(a)(2) for any of the following adult edu- gible agencies, as necessary. ‘‘(b) PLAN CONTENTS.—The eligible agency ‘‘(g) REALLOTMENT.—The portion of any el- cation and family literacy education pro- shall include in the State plan or any revi- igible agency’s allotment under this title for grams: sions to the State plan— a fiscal year that the Secretary determines ‘‘(1) The establishment or operation of pro- ‘‘(1) an objective assessment of the needs of will not be required for the period such allot- fessional development programs to improve individuals in the State or outlying area for ment is available for carrying out activities the quality of instruction provided pursuant adult education and family literacy edu- under this title, shall be available for real- to local activities required under section cation programs, including individuals most lotment from time to time, on such dates 231(b). in need or hardest to serve; during such period as the Secretary shall fix, ‘‘(2) The provision of technical assistance ‘‘(2) a description of the adult education to other eligible agencies in proportion to to eligible providers of adult education and and family literacy education programs that the original allotments to such agencies family literacy education programs, includ- will be carried out with funds received under under this title for such year. ing for the development and dissemination of this title; ‘‘SEC. 212. PERFORMANCE ACCOUNTABILITY SYS- evidence based research instructional prac- ‘‘(3) an assurance that the funds received TEM. tices in reading, writing, speaking, mathe- under this title will not be expended for any ‘‘Programs and activities authorized under matics, and English language acquisition purpose other than for activities under this this title are subject to the performance ac- programs. title;

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‘‘(4) a description of how the eligible agen- ‘‘(c) PLAN REVISIONS.—When changes in each eligible agency shall award multi-year cy will annually evaluate and measure the conditions or other factors require substan- grants or contracts, on a competitive basis, effectiveness and improvement of the adult tial revisions to an approved State plan, the to eligible providers within the State or out- education and family literacy education pro- eligible agency shall submit the revisions of lying area that meet the conditions and re- grams funded under this title using the indi- the State plan to the Secretary. quirements of this title to enable the eligible cators of performance described in section ‘‘(d) CONSULTATION.—The eligible agency providers to develop, implement, and im- 136, including how the eligible agency will shall— prove adult education and family literacy conduct such annual evaluations and meas- ‘‘(1) submit the State plan, and any revi- education programs within the State. ures for each grant received under this title; sions to the State plan, to the Governor, the ‘‘(b) LOCAL ACTIVITIES.—The eligible agen- ‘‘(5) a description of how the eligible agen- chief State school officer, or the State offi- cy shall require eligible providers receiving a cy will fund local activities in accordance cer responsible for administering community grant or contract under subsection (a) to es- with the measurable goals described in sec- or technical colleges, or outlying area for re- tablish or operate— tion 231(d); view and comment; and ‘‘(1) programs that provide adult education ‘‘(6) an assurance that the eligible agency ‘‘(2) ensure that any comments regarding and literacy activities; will expend the funds under this title only in the State plan by the Governor, the chief ‘‘(2) programs that provide integrated edu- a manner consistent with fiscal require- State school officer, or the State officer re- cation and training activities; or ments in section 241; sponsible for administering community or ‘‘(3) credit-bearing postsecondary ‘‘(7) a description of the process that will technical colleges, and any revision to the coursework. be used for public participation and com- State plan, are submitted to the Secretary. ‘‘(c) DIRECT AND EQUITABLE ACCESS; SAME ‘‘(e) PLAN APPROVAL.—The Secretary ment with respect to the State plan, which— PROCESS.—Each eligible agency receiving shall— ‘‘(A) shall include consultation with the funds under this title shall ensure that— ‘‘(1) approve a State plan within 90 days State workforce investment board, the State ‘‘(1) all eligible providers have direct and after receiving the plan unless the Secretary board responsible for administering commu- equitable access to apply for grants or con- makes a written determination within 30 nity or technical colleges, the Governor, the tracts under this section; and days after receiving the plan that the plan State educational agency, the State board or ‘‘(2) the same grant or contract announce- does not meet the requirements of this sec- agency responsible for administering block ment process and application process is used tion or is inconsistent with specific provi- grants for temporary assistance to needy for all eligible providers in the State or out- sions of this subtitle; and families under title IV of the Social Security lying area. ‘‘(2) not finally disapprove of a State plan Act, the State council on disabilities, the ‘‘(d) MEASURABLE GOALS.—The eligible before offering the eligible agency the oppor- State vocational rehabilitation agency, and agency shall require eligible providers re- tunity, prior to the expiration of the 30-day other State agencies that promote the im- ceiving a grant or contract under subsection period beginning on the date on which the el- provement of adult education and family lit- (a) to demonstrate— igible agency received the written deter- eracy education programs, and direct pro- ‘‘(1) the eligible provider’s measurable mination described in paragraph (1), to re- viders of such programs; and goals for participant outcomes to be view the plan and providing technical assist- ‘‘(B) may include consultation with the achieved annually on the core indicators of ance in order to assist the eligible agency in State agency on higher education, institu- performance described in section 136(b)(2)(A); meeting the requirements of this subtitle. tions responsible for professional develop- ‘‘(2) the past effectiveness of the eligible ment of adult education and family literacy ‘‘SEC. 225. PROGRAMS FOR CORRECTIONS EDU- provider in improving the basic academic CATION AND OTHER INSTITU- education programs instructors, representa- TIONALIZED INDIVIDUALS. skills of adults and, for eligible providers re- tives of business and industry, refugee assist- ‘‘(a) PROGRAM AUTHORIZED.—From funds ceiving grants in the prior year, the success ance programs, and faith-based organiza- made available under section 222(a)(1) for a of the eligible provider receiving funding tions; fiscal year, each eligible agency shall carry under this title in exceeding its performance ‘‘(8) a description of the eligible agency’s out corrections education and education for goals in the prior year; strategies for serving populations that in- other institutionalized individuals. ‘‘(3) the commitment of the eligible pro- clude, at a minimum— ‘‘(b) USES OF FUNDS.—The funds described vider to serve individuals in the community ‘‘(A) low-income individuals; in subsection (a) shall be used for the cost of who are the most in need of basic academic ‘‘(B) individuals with disabilities; educational programs for criminal offenders skills instruction services, including individ- ‘‘(C) the unemployed; in correctional institutions and for other in- uals with disabilities and individuals who are ‘‘(D) the underemployed; and stitutionalized individuals, including aca- low-income or have minimal reading, writ- ‘‘(E) individuals with multiple barriers to demic programs for— ing, speaking, and mathematics skills, or are educational enhancement, including English ‘‘(1) basic skills education; English learners; learners; ‘‘(2) special education programs as deter- ‘‘(4) the program is of sufficient intensity ‘‘(9) a description of how the adult edu- mined by the eligible agency; and quality for participants to achieve sub- cation and family literacy education pro- ‘‘(3) reading, writing, speaking, and mathe- stantial learning gains; grams that will be carried out with any matics programs; ‘‘(5) educational practices are evidence- funds received under this title will be inte- ‘‘(4) secondary school credit or diploma based; grated with other adult education, career de- programs or their recognized equivalent; and ‘‘(6) the activities of the eligible provider velopment, and employment and training ac- ‘‘(5) integrated education and training. effectively employ advances in technology, tivities in the State or outlying area served ‘‘(c) PRIORITY.—Each eligible agency that and delivery systems including distance edu- by the eligible agency; is using assistance provided under this sec- cation; ‘‘(10) a description of the steps the eligible tion to carry out a program for criminal of- ‘‘(7) the activities provide instruction in agency will take to ensure direct and equi- fenders within a correctional institution real-life contexts, including integrated edu- table access, as required in section 231(c)(1), shall give priority to serving individuals who cation and training when appropriate, to en- including— are likely to leave the correctional institu- sure that an individual has the skills needed ‘‘(A) how the State will build the capacity tion within 5 years of participation in the to compete in the workplace and exercise the of community-based and faith-based organi- program. rights and responsibilities of citizenship; zations to provide adult education and fam- ‘‘(d) DEFINITIONS.—In this section: ‘‘(8) the activities are staffed by well- ily literacy education programs; and ‘‘(1) CORRECTIONAL INSTITUTION.—The term trained instructors, counselors, and adminis- ‘‘(B) how the State will increase the par- ‘correctional institution’ means any— trators who meet minimum qualifications ticipation of business and industry in adult ‘‘(A) prison; established by the State; education and family literacy education pro- ‘‘(B) jail; ‘‘(9) the activities are coordinated with grams; ‘‘(C) reformatory; other available resources in the community, ‘‘(11) an assessment of the adequacy of the ‘‘(D) work farm; such as through strong links with elemen- system of the State or outlying area to en- ‘‘(E) detention center; or tary schools and secondary schools, postsec- sure teacher quality and a description of how ‘‘(F) halfway house, community-based re- ondary educational institutions, local work- the State or outlying area will use funds re- habilitation center, or any other similar in- force investment boards, one-stop centers, ceived under this subtitle to improve teacher stitution designed for the confinement or re- job training programs, community-based and quality, including evidence-based profes- habilitation of criminal offenders. faith-based organizations, and social service sional development to improve instruction; ‘‘(2) CRIMINAL OFFENDER.—The term ‘crimi- agencies; and nal offender’ means any individual who is ‘‘(10) the activities offer flexible schedules ‘‘(12) a description of how the eligible agen- charged with, or convicted of, any criminal and support services (such as child care and cy will consult with any State agency re- offense. transportation) that are necessary to enable sponsible for postsecondary education to de- ‘‘Subtitle C—Local Provisions individuals, including individuals with dis- velop adult education that prepares students ‘‘SEC. 231. GRANTS AND CONTRACTS FOR ELIGI- abilities or other special needs, to attend and to enter postsecondary education without BLE PROVIDERS. complete programs; the need for remediation upon completion of ‘‘(a) GRANTS AND CONTRACTS.—From grant ‘‘(11) the activities include a high-quality secondary school equivalency programs. funds made available under section 222(a)(1), information management system that has

VerDate Mar 15 2010 03:09 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A08JA6.023 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE January 8, 2014 CONGRESSIONAL RECORD — SENATE S173 the capacity to report measurable partici- ‘‘(C) provide adult education professional paragraphs (C) and (D) of subsection (e)(1); pant outcomes (consistent with section 136) development; and and and to monitor program performance; ‘‘(D) use distance education and improve ‘‘(iii) shall meet the needs for the informa- ‘‘(12) the local communities have a dem- the application of technology in the class- tion identified in section 121(e)(1)(E) of the onstrated need for additional English lan- room, including instruction in English lan- Workforce Investment Act of 1998 (29 U.S.C. guage acquisition programs, and integrated guage acquisition for English learners. 2841(e)(1)(E)); education and training programs; ‘‘(2) Providing for the conduct of research ‘‘(C) technical standards (which the Sec- ‘‘(13) the capacity of the eligible provider on national literacy basic skill acquisition retary shall publish annually) for data and to produce valid information on performance levels among adults, including the number of information described in subparagraphs (A) results, including enrollments and measur- adult English learners functioning at dif- and (B) that, at a minimum, meet the cri- able participant outcomes; ferent levels of reading proficiency. teria of chapter 35 of title 44, United States ‘‘(14) adult education and family literacy ‘‘(3) Improving the coordination, effi- Code; education programs offer rigorous reading, ciency, and effectiveness of adult education ‘‘(D) procedures to ensure compatibility writing, speaking, and mathematics content and workforce development services at the and additivity of the data and information that are evidence based; and national, State, and local levels. described in subparagraphs (A) and (B) from ‘‘(15) applications of technology, and serv- ‘‘(4) Determining how participation in national, State, and local levels; ices to be provided by the eligible providers, adult education, English language acquisi- ‘‘(E) procedures to support standardization are of sufficient intensity and duration to in- tion, and family literacy education programs and aggregation of data from administrative prepares individuals for entry into and suc- crease the amount and quality of learning reporting systems described in subparagraph cess in postsecondary education and employ- and lead to measurable learning gains within (A) of employment-related programs; ment, and in the case of prison-based serv- specified time periods. ‘‘(F) analysis of data and information de- ices, the effect on recidivism. ‘‘(e) SPECIAL RULE.—Eligible providers may scribed in subparagraphs (A) and (B) for uses ‘‘(5) Evaluating how different types of pro- use grant funds under this title to serve chil- such as— dren participating in family literacy pro- viders, including community and faith-based organizations or private for-profit agencies ‘‘(i) national, State, and local policy- grams assisted under this part, provided that making; other sources of funds available to provide measurably improve the skills of partici- ‘‘(ii) implementation of Federal policies similar services for such children are used pants in adult education, English language (including allocation formulas); first. acquisition, and family literacy education programs. ‘‘(iii) program planning and evaluation; ‘‘SEC. 232. LOCAL APPLICATION. and ‘‘Each eligible provider desiring a grant or ‘‘(6) Identifying model integrated basic and ‘‘(iv) researching labor market dynamics; contract under this title shall submit an ap- workplace skills education programs, includ- ‘‘(G) wide dissemination of such data, in- plication to the eligible agency containing ing programs for English learners coordi- formation, and analysis in a user-friendly such information and assurances as the eligi- nated literacy and employment services, and manner and voluntary technical standards ble agency may require, including— effective strategies for serving adults with for dissemination mechanisms; and ‘‘(1) a description of how funds awarded disabilities. ‘‘(H) programs of— under this title will be spent consistent with ‘‘(7) Initiating other activities designed to ‘‘(i) training for effective data dissemina- the requirements of this title; improve the measurable quality and effec- tion; ‘‘(2) a description of any cooperative ar- tiveness of adult education, English lan- ‘‘(ii) research and demonstration; and rangements the eligible provider has with guage acquisition, and family literacy edu- ‘‘(iii) programs and technical assistance. other agencies, institutions, or organizations cation programs nationwide.’’. ‘‘(2) INFORMATION TO BE CONFIDENTIAL.— for the delivery of adult education and fam- Subtitle C—Amendments to the Wagner- ily literacy education programs; and Peyser Act ‘‘(A) IN GENERAL.—No officer or employee ‘‘(3) each of the demonstrations required SEC. 466. AMENDMENTS TO THE WAGNER-PEYSER of the Federal Government or agent of the by section 231(d). ACT. Federal Government may— ‘‘(i) use any submission that is furnished ‘‘SEC. 233. LOCAL ADMINISTRATIVE COST LIMITS. Section 15 of the Wagner-Peyser Act (29 for exclusively statistical purposes under the ‘‘(a) IN GENERAL.—Subject to subsection U.S.C. 49l–2) is amended to read as follows: (b), of the amount that is made available ‘‘SEC. 15. WORKFORCE AND LABOR MARKET IN- provisions of this section for any purpose under this title to an eligible provider— FORMATION SYSTEM. other than the statistical purposes for which ‘‘(1) at least 95 percent shall be expended ‘‘(a) SYSTEM CONTENT.— the submission is furnished; for carrying out adult education and family ‘‘(1) IN GENERAL.—The Secretary of Labor ‘‘(ii) disclose to the public any publication literacy education programs; and (referred to in this section as the ‘Sec- or media transmittal of the data contained retary’), in accordance with the provisions of ‘‘(2) the remaining amount shall be used in the submission described in clause (i) that this section, shall oversee the development, for planning, administration, personnel and permits information concerning an indi- maintenance, and continuous improvement professional development, development of vidual subject to be reasonably inferred by of a nationwide workforce and labor market measurable goals in reading, writing, speak- either direct or indirect means; or information system that includes— ing, and mathematics, and interagency co- ‘‘(iii) permit anyone other than a sworn of- ‘‘(A) statistical data from cooperative sta- ordination. ficer, employee, or agent of any Federal de- tistical survey and projection programs and ‘‘(b) SPECIAL RULE.—In cases where the partment or agency, or a contractor (includ- cost limits described in subsection (a) are data from administrative reporting systems ing an employee of a contractor) of such de- too restrictive to allow for adequate plan- that, taken together, enumerate, estimate, partment or agency, to examine an indi- and project employment opportunities and ning, administration, personnel develop- vidual submission described in clause (i), conditions at national, State, and local lev- ment, and interagency coordination, the eli- els in a timely manner, including statistics without the consent of the individual, agen- gible provider may negotiate with the eligi- on— cy, or other person who is the subject of the ble agency in order to determine an adequate ‘‘(i) employment and unemployment status submission or provides that submission. level of funds to be used for noninstructional of national, State, and local populations, in- ‘‘(B) IMMUNITY FROM LEGAL PROCESS.—Any purposes. cluding self-employed, part-time, and sea- submission (including any data derived from ‘‘Subtitle D—General Provisions sonal workers; the submission) that is collected and re- ‘‘SEC. 241. ADMINISTRATIVE PROVISIONS. ‘‘(ii) industrial distribution of occupations, tained by a Federal department or agency, or ‘‘Funds made available for adult education as well as current and projected employment an officer, employee, agent, or contractor of and family literacy education programs opportunities, wages, benefits (where data is such a department or agency, for exclusively under this title shall supplement and not available), and skill trends by occupation statistical purposes under this section shall supplant other State or local public funds ex- and industry, with particular attention paid be immune from the legal process and shall pended for adult education and family lit- to State and local conditions; not, without the consent of the individual, eracy education programs. ‘‘(iii) the incidence of, industrial and geo- agency, or other person who is the subject of ‘‘SEC. 242. NATIONAL ACTIVITIES. graphical location of, and number of workers the submission or provides that submission, ‘‘The Secretary shall establish and carry displaced by, permanent layoffs and plant be admitted as evidence or used for any pur- out a program of national activities that closings; and pose in any action, suit, or other judicial or may include the following: ‘‘(iv) employment and earnings informa- administrative proceeding. ‘‘(1) Providing technical assistance to eli- tion maintained in a longitudinal manner to ‘‘(C) RULE OF CONSTRUCTION.—Nothing in gible entities, on request, to— be used for research and program evaluation; this section shall be construed to provide im- ‘‘(A) improve their fiscal management, re- ‘‘(B) information on State and local em- munity from the legal process for such sub- search-based instruction, and reporting re- ployment opportunities, and other appro- mission (including any data derived from the quirements to carry out the requirements of priate statistical data related to labor mar- submission) if the submission is in the pos- this title; ket dynamics, which— session of any person, agency, or entity ‘‘(B) improve its performance on the core ‘‘(i) shall be current and comprehensive; other than the Federal Government or an of- indicators of performance described in sec- ‘‘(ii) shall meet the needs identified ficer, employee, agent, or contractor of the tion 136; through the consultations described in sub- Federal Government, or if the submission is

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AMENDMENT TO THE COMPREHENSIVE section (a) shall be planned, administered, ment boards about the labor market rel- ENVIRONMENTAL RESPONSE, COM- overseen, and evaluated through a coopera- evance of the data to be collected and dis- PENSATION, AND LIABILITY ACT OF tive governance structure involving the Fed- seminated through the statewide workforce 1980. eral Government and States. and labor market information system; Section 104(k)(6)(A) of the Comprehensive Environmental Response, Compensation, and ‘‘(2) DUTIES.—The Secretary, with respect ‘‘(D) consult with State educational agen- Liability Act of 1980 (42 U.S.C. 9604(k)(6)(A)) to data collection, analysis, and dissemina- cies and local educational agencies con- is amended by striking ‘‘training, research, tion of workforce and labor market informa- cerning the provision of workforce and labor and’’ and inserting ‘‘research and’’. tion for the system, shall carry out the fol- market information in order to meet the lowing duties: (a) AMENDMENTS TO THE FOOD AND NUTRI- needs of secondary school and postsecondary TION ACT OF 2008.— ‘‘(A) Assign responsibilities within the De- school students who seek such information; (1) DEFINITION.—Section 3(t) of the Food partment of Labor for elements of the work- ‘‘(E) collect and disseminate for the sys- and Nutrition Act of 2008 (7 U.S.C. 2012(t)) is force and labor market information system tem, on behalf of the State and localities in amended— described in subsection (a) to ensure that all the State, the information and data de- (A) by striking ‘‘means (1) the agency’’ and statistical and administrative data collected scribed in subparagraphs (A) and (B) of sub- inserting the following: ‘‘means— is consistent with appropriate Bureau of section (a)(1); ‘‘(A) the agency’’; Labor Statistics standards and definitions. ‘‘(F) maintain and continuously improve (B) by striking ‘‘programs, and (2) the trib- ‘‘(B) Actively seek the cooperation of other the statewide workforce and labor market al’’ and inserting the following: ‘‘programs; Federal agencies to establish and maintain information system in accordance with this ‘‘(B) the tribal’’; mechanisms for ensuring complementarity section; (C) by striking ‘‘this Act.’’ and inserting and nonduplication in the development and ‘‘(G) perform contract and grant respon- the following: ‘‘this Act; and operation of statistical and administrative sibilities for data collection, analysis, and ‘‘(C) in the context of employment and data collection activities. dissemination for such system; training activities under section 6(d)(4), a ‘‘(C) Eliminate gaps and duplication in sta- ‘‘(H) conduct such other data collection, State board as defined in section 101 of the tistical undertakings, with the analysis, and dissemination activities as will Workforce Investment Act of 1998 (29 U.S.C. systemization of wage surveys as an early ensure an effective statewide workforce and 2801).’’. priority. labor market information system; (2) ELIGIBLE HOUSEHOLDS.—Section 5 of the ‘‘(D) In collaboration with the Bureau of ‘‘(I) actively seek the participation of Food and Nutrition Act of 2008 (7 U.S.C. 2014) Labor Statistics and States, develop and other State and local agencies in data collec- is amended— maintain the elements of the workforce and tion, analysis, and dissemination activities (A) in subsection (d)(14) by striking ‘‘sec- labor market information system described in order to ensure complementarity, compat- tion 6(d)(4)(I)’’ and inserting ‘‘section in subsection (a), including the development ibility, and usefulness of data; 6(d)(4)(C)’’, and of consistent procedures and definitions for ‘‘(J) participate in the development of, and (B) in subsection (g)(3), in the first sen- use by the States in collecting the data and submit to the Secretary, an annual plan to tence, by striking ‘‘constitutes adequate par- information described in subparagraphs (A) carry out the requirements and authorities ticipation in an employment and training and (B) of subsection (a)(1). of this subsection; and program under section 6(d)’’ and inserting ‘‘(E) Establish procedures for the system to ‘‘(K) utilize the quarterly records described ‘‘allows the individual to participate in em- ensure that— in section 136(f)(2) of the Workforce Invest- ployment and training activities under sec- ‘‘(i) such data and information are timely; ment Act of 1998 (29 U.S.C. 2871(f)(2)) to assist tion 6(d)(4)’’. ‘‘(ii) paperwork and reporting for the sys- the State and other States in measuring (3) ELIGIBILITY DISQUALIFICATIONS.—Section tem are reduced to a minimum; and State progress on State performance meas- 6(d)(4) of the Food and Nutrition Act of 2008 ‘‘(iii) States and localities are fully in- ures. (7 U.S.C. 2015(d)(4)) is amended to read as fol- volved in the development and continuous ‘‘(2) RULE OF CONSTRUCTION.—Nothing in lows: improvement of the system at all levels. this section shall be construed as limiting ‘‘(D) EMPLOYMENT AND TRAINING.— ‘‘(c) NATIONAL ELECTRONIC TOOLS TO PRO- the ability of a Governor to conduct addi- ‘‘(i) IMPLEMENTATION.—Each State agency VIDE SERVICES.—The Secretary is authorized tional data collection, analysis, and dissemi- shall provide employment and training serv- to assist in the development of national elec- nation activities with State funds or with tronic tools that may be used to facilitate ices authorized under section 134 of the Federal funds from sources other than this Workforce Investment Act of 1998 (29 U.S.C. the delivery of work ready services described section. in section 134(c)(2) of the Workforce Invest- 2864) to eligible members of households par- ment Act of 1998 (29 U.S.C. 2864(c)(2)) and to ‘‘(f) NONDUPLICATION REQUIREMENT.—None ticipating in the supplemental nutrition as- provide workforce and labor market infor- of the functions and activities carried out sistance program in gaining skills, training, mation to individuals through the one-stop pursuant to this section shall duplicate the work, or experience that will increase their delivery systems described in section 121 and functions and activities carried out under ability to obtain regular employment. through other appropriate delivery systems. the Carl D. Perkins Career and Technical ‘‘(ii) STATEWIDE WORKFORCE DEVELOPMENT ‘‘(d) COORDINATION WITH THE STATES.— Education Act of 2006 (20 U.S.C. 2301 et seq.). SYSTEM.—Consistent with subparagraph (A), ‘‘(1) IN GENERAL.—The Secretary, working ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— employment and training services shall be through the Bureau of Labor Statistics and There are authorized to be appropriated to provided through the statewide workforce the Employment and Training Administra- carry out this section $63,473,000 for fiscal development system, including the one-stop tion, shall regularly consult with representa- year 2015 and each of the 6 succeeding fiscal delivery system authorized by the Workforce tives of State agencies carrying out work- years.’’. Investment Act of 1998 (29 U.S.C. 2801 et force information activities regarding strat- Subtitle D—Repeals and Conforming seq.). egies for improving the workforce and labor Amendments ‘‘(iii) REIMBURSEMENTS.— market information system. ‘‘(I) ACTUAL COSTS.—The State agency ‘‘(2) FORMAL CONSULTATIONS.—At least SEC. 471. REPEALS. shall provide payments or reimbursement to twice each year, the Secretary, working The following provisions are repealed: participants served under this paragraph through the Bureau of Labor Statistics, shall (1) Chapter 4 of subtitle B of title I, and for— conduct formal consultations regarding pro- sections 123, 155, 166, 167, 168, 169, 171, 173, ‘‘(aa) the actual costs of transportation grams carried out by the Bureau of Labor 173A, 174, 192, 194, 502, 503, and 506 of the and other actual costs (other than dependent Statistics with representatives of each of the Workforce Investment Act of 1998, as in ef- care costs) that are reasonably necessary Federal regions of the Bureau of Labor Sta- fect on the day before the date of enactment and directly related to the individual par- tistics, elected (pursuant to a process estab- of the SKILLS Act. ticipating in employment and training ac- lished by the Secretary) from the State di- (2) Title V of the Older Americans Act of tivities; and rectors affiliated with State agencies that 1965 (42 U.S.C. 3056 et seq.). ‘‘(bb) the actual costs of such dependent perform the duties described in subsection (3) Sections 1 through 14 of the Wagner- care expenses as are determined by the State (e)(1). Peyser Act (29 U.S.C. 49 et seq.). agency to be necessary for the individual to ‘‘(e) STATE RESPONSIBILITIES.— (4) The Twenty-First Century Workforce participate in employment and training ac- ‘‘(1) IN GENERAL.—In order to receive Fed- Commission Act (29 U.S.C. 2701 note). tivities (other than an individual who is the eral financial assistance under this section, (5) Public Law 91–378, 16 U.S.C. 1701 et seq. caretaker relative of a dependent in a family the Governor of a State shall— (popularly known as the ‘‘Youth Conserva- receiving benefits under part A of title IV of ‘‘(A) be responsible for the management of tion Corps Act of 1970’’). the Social Security Act (42 U.S.C. 601 et seq.) the portions of the workforce and labor mar- (6) Section 821 of the Higher Education in a local area where an employment, train- ket information system described in sub- Amendments of 1998 (20 U.S.C. 1151). ing, or education program under title IV of

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that Act is in operation), except that no such (7) MINNESOTA FAMILY INVESTMENT (ii) by inserting ‘‘State and local workforce payment or reimbursement shall exceed the PROJECT.—Section 22(b)(4) of the Food and investment boards,’’ after ‘‘community- applicable local market rate. Nutrition Act of 2008 (7 U.S.C. 2031(b)(4)) is based organizations,’’; ‘‘(II) SERVICE CONTRACTS AND VOUCHERS.— amended by striking ‘‘equivalent to those of- (B) in subsection (c)— In lieu of providing reimbursements or pay- fered under the employment and training (i) in paragraph (2), by striking at the end ments for dependent care expenses under program’’. ‘‘and’’; clause (i), a State agency may, at the option (b) AMENDMENTS TO SECTION 412 OF THE IM- (ii) in paragraph (3), by striking at the end of the State agency, arrange for dependent MIGRATION AND NATIONALITY ACT.— the period and inserting ‘‘; and’’; and care through providers by the use of pur- (1) CONDITIONS AND CONSIDERATIONS.—Sec- (iii) by adding at the end the following new chase of service contracts or vouchers or by tion 412(a) of the Immigration and Nation- paragraph: providing vouchers to the household. ality Act (8 U.S.C. 1522(a)) is amended— ‘‘(D) to coordinate reentry programs with ‘‘(III) VALUE OF REIMBURSEMENTS.—The (A) in paragraph (1)— the employment and training services pro- value of any dependent care services pro- (i) in subparagraph (A)(i), by striking vided through the statewide workforce in- vided for or arranged under clause (ii), or ‘‘make available sufficient resources for em- vestment system under subtitle B of title I any amount received as a payment or reim- ployment training and placement’’ and in- of the Workforce Investment Act of 1998 (29 bursement under clause (i), shall— serting ‘‘provide refugees with the oppor- U.S.C. 2811 et seq.).’’; and ‘‘(aa) not be treated as income for the pur- tunity to access employment and training (C) in subsection (d), by adding at the end poses of any other Federal or federally as- services, including job placement,’’; and the following new paragraph: sisted program that bases eligibility for, or (ii) in subparagraph (B)(ii), by striking ‘‘(F) INTERACTION WITH THE WORKFORCE IN- the amount of benefits on, need; and ‘‘services;’’ and inserting ‘‘services provided VESTMENT SYSTEM.— ‘‘(bb) not be claimed as an employment-re- through the Workforce Investment Act of ‘‘(i) IN GENERAL.—In carrying out this sec- lated expense for the purposes of the credit 1998 (29 U.S.C. 2801 et seq.);’’; tion, the Director shall ensure that employ- provided under section 21 of the Internal (B) in paragraph (2)(C)(iii)(II), by inserting ment and training services, including such Revenue Code of 1986 (26 U.S.C. 21).’’. ‘‘and training’’ after ‘‘employment’’; employment and services offered through re- (4) ADMINISTRATION.—Section 11(e)(19) of (C) in paragraph (6)(A)(ii)— entry programs, are provided, as appropriate, the Food and Nutrition Act of 2008 (7 U.S.C. (i) by striking ‘‘insure’’ and inserting ‘‘en- through the statewide workforce investment 2020(e)(11) is amended to read as follows: sure’’; system under subtitle B of title I of the ‘‘(S) the plans of the State agency for pro- (ii) by inserting ‘‘and training’’ after ‘‘em- Workforce Investment Act of 1998 (29 U.S.C. viding employment and training services ployment’’; and 2811 et seq.), which may include— under section 6(d)(4);’’. (iii) by inserting after ‘‘available’’ the fol- ‘‘(I) making employment and training (5) ADMINISTRATIVE COST-SHARING AND lowing: ‘‘through the one-stop delivery sys- services available to prisoners prior to and QUALITY CONTROL.—Section 16(h) of the Food tem under section 121 of the Workforce In- immediately following the release of such and Nutrition Act of 2008 (7 U.S.C. 2025(h)) is vestment Act of 1998 (29 U.S.C. 2841)’’; and prisoners; or amended— (D) in paragraph (9), by inserting ‘‘the Sec- ‘‘(II) providing prisoners with access by re- (A) in paragraph (1)— mote means to a one-stop delivery system (i) in subparagraph (A), by striking ‘‘carry retary of Labor,’’ after ‘‘Education,’’. under section 121 of the Workforce Invest- out employment and training programs’’ and (2) PROGRAM OF INITIAL RESETTLEMENT.— ment Act of 1998 (29 U.S.C. 2841) in the State inserting ‘‘provide employment and training Section 412(b)(2) of such Act (8 U.S.C. in which the prison involved is located. services to eligible households under section 1522(b)(2)) is amended— ‘‘(ii) SERVICE DEFINED.—In this paragraph, 6(d)(4)’’; and (A) by striking ‘‘orientation, instruction’’ the term ‘employment and training services’ (ii) in subparagraph (D), by striking ‘‘oper- and inserting ‘‘orientation and instruction’’; means those services described in section 134 ating an employment and training program’’ and of the Workforce Investment Act of 1998 (29 and inserting ‘‘providing employment and (B) by striking ‘‘, and job training for refu- U.S.C. 2864) offered by the Bureau of Prisons, training services consistent with section gees, and such other education and training including— 6(d)(4)’’; of refugees, as facilitates’’ and inserting ‘‘for ‘‘(I) the skills assessment described in sub- (B) in paragraph (3)— refugees to facilitate’’. (i) by striking ‘‘participation in an employ- (3) PROJECT GRANTS AND CONTRACTS FOR section (a)(1)(A); ment and training program’’ and inserting SERVICES FOR REFUGEES.—Section 412(c) of ‘‘(II) the skills development plan described ‘‘the individual participating in employment such Act (8 U.S.C. 1522(c)) is amended— in subsection (a)(1)(B); and and training activities’’; and (A) in paragraph (1)— ‘‘(III) the enhancement, development, and (ii) by striking ‘‘section 6(d)(4)(I)(i)(II)’’ (i) in subparagraph (A)(i), by inserting implementation of reentry and skills devel- and inserting ‘‘section 6(d)(4)(C)(i)(II)’’; ‘‘and training’’ after ‘‘employment’’; and opment programs.’’. (C) in paragraph (4), by striking ‘‘for oper- (ii) by striking subparagraph (C); (2) DUTIES OF THE BUREAU OF PRISONS.—Sec- ating an employment and training program’’ (B) in paragraph (2)(B), by striking ‘‘para- tion 4042(a) of title 18, United States Code, is and inserting ‘‘to provide employment and graph—’’ and all that follows through ‘‘in a amended— training services’’; and manner’’ and inserting ‘‘paragraph in a man- (A) by redesignating subparagraphs (D) and (D) by striking paragraph (5) and inserting ner’’; and (E), as added by section 231(d)(1)(C) of the the following: (C) by adding at the end the following: Second Chance Act of 2007 (Public Law 110– ‘‘(E) MONITORING.— ‘‘(C) In carrying out this section, the Di- 199; 122 Stat. 685), as paragraphs (6) and (7), ‘‘(i) IN GENERAL.—The Secretary, in con- rector shall ensure that employment and respectively, and adjusting the margin ac- junction with the Secretary of Labor, shall training services are provided through the cordingly; monitor each State agency responsible for statewide workforce development system, as (B) in paragraph (6), as so redesignated, by administering employment and training appropriate, authorized by the Workforce In- redesignating clauses (i) and (ii) as subpara- services under section 6(d)(4) to ensure funds vestment Act of 1998 (29 U.S.C. 2801 et seq.). graphs (A) and (B), respectively, and adjust- are being spent effectively and efficiently. Such action may include— ing the margin accordingly; ‘‘(ii) ACCOUNTABILITY.—Each program of ‘‘(i) making employment and training ac- (C) in paragraph (7), as so redesignated— employment and training receiving funds tivities described in section 134 of such Act (i) in clause (ii), by striking ‘‘Employ- under section 6(d)(4) shall be subject to the (29 U.S.C. 2864) available to refugees; and ment’’ and inserting ‘‘Employment and requirements of the performance account- ‘‘(ii) providing refugees with access to a training services (as defined in paragraph (6) ability system, including having to meet the one-stop delivery system established under of section 231(d) of the Second Chance Act of State performance measures described in section 121 of such Act (29 U.S.C. 2841).’’. 2007), including basic skills attainment, con- section 136 of the Workforce Investment Act (4) CASH ASSISTANCE AND MEDICAL ASSIST- sistent with such paragraph’’; (29 U.S.C. 2871).’’. ANCE TO REFUGEES.—Section 412(e) of such (ii) by striking clause (iii); and (6) RESEARCH, DEMONSTRATION, AND EVAL- Act (8 U.S.C. 1522(e)) is amended— (D) by redesignating clauses (i), (ii), (iv), UATIONS.—Section 17 of the Food and Nutri- (A) in paragraph (2)(A)(i), by inserting (v), (vi), and (vii) as subparagraphs (A), (B), tion Act of 2008 (7 U.S.C. 2026) is amended— ‘‘and training’’ after ‘‘providing employ- (C), (D), (E), and (F), respectively, and ad- (A) in subsection (b)— ment’’; and justing the margin accordingly. (i) in paragraph (1)(B)(iv)(III)(dd), by strik- (B) in paragraph (3), by striking ‘‘The’’ and (d) AMENDMENTS TO THE OMNIBUS CRIME ing ‘‘, (4)(F)(i), or (4)(K)’’ and inserting ‘‘or inserting ‘‘Consistent with subsection (c)(3), CONTROL AND SAFE STREETS ACT OF 1968.— (4)’’; and the’’. Section 2976 of the Omnibus Crime Control (ii) by striking paragraph (3); and (c) AMENDMENTS RELATING TO THE SECOND and Safe Streets Act of 1968 (42 U.S.C. 3797w) (B) in subsection (g), in the first sentence CHANCE ACT OF 2007.— is amended— in the matter preceding paragraph (1)— (1) FEDERAL PRISONER REENTRY INITIA- (1) in subsection (b)— (i) by striking ‘‘programs established’’ and TIVE.—Section 231 of the Second Chance Act (A) in paragraph (1), by striking ‘‘voca- inserting ‘‘activities provided to eligible of 2007 (42 U.S.C. 17541) is amended— tional’’ and inserting ‘‘career and technical households’’; and (A) in subsection (a)(1)(E)— education (as defined in section 3 of the Carl (ii) by inserting ‘‘, in conjunction with the (i) by inserting ‘‘the Department of Labor D. Perkins Career and Technical Education Secretary of Labor,’’ after ‘‘Secretary’’. and’’ before ‘‘other Federal agencies’’; and Act of 2006 (20 U.S.C. 2302)) and training’’;

VerDate Mar 15 2010 03:09 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A08JA6.023 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE S176 CONGRESSIONAL RECORD — SENATE January 8, 2014 (B) by redesignating paragraphs (4), (5), (6), (B) in subsection (c)(1), by striking sub- ‘‘Sec. 150. Support. and (7) as paragraphs (5), (6), (7), and (8), re- paragraph (A) and inserting the following: ‘‘Sec. 151. Operations. spectively; and ‘‘(i) collaborate with the appropriate vet- ‘‘Sec. 152. Standards of conduct. (C) by inserting after paragraph (3) the fol- eran employment specialist (as described in ‘‘Sec. 153. Community participation. lowing new paragraph: section 134(f)) and the appropriate State ‘‘Sec. 154. Workforce councils. ‘‘(D) coordinating employment and train- boards and local boards (as such terms are ‘‘Sec. 156. Technical assistance to centers. ing services provided through the statewide defined in section 101 of the Workforce In- ‘‘Sec. 157. Application of provisions of Fed- workforce investment system under subtitle vestment Act of 1998 (29 U.S.C. 2801));’’; eral law. B of title I of the Workforce Investment Act (5) in section 4109— ‘‘Sec. 158. Special provisions. of 1998 (29 U.S.C. 2811 et seq.), including a (A) in subsection (a), by striking ‘‘disabled ‘‘Sec. 159. Performance accountability and one-stop delivery system under section 121 of veterans’ outreach program specialists and management. such Act (29 U.S.C. 2841), for offenders upon local veterans’ employment representative’’ ‘‘Sec. 160. General provisions. release from prison, jail, or a juvenile facil- and inserting ‘‘veteran employment special- ‘‘Sec. 161. Authorization of appropriations. ity, as appropriate;’’; ists appointed under section 134(f) of the ‘‘Subtitle D—National Programs (2) in subsection (d)(2), by inserting ‘‘, in- Workforce Investment Act of 1998’’; and ‘‘Sec. 170. Technical assistance. cluding local workforce investment boards (B) in subsection (d)(1), by striking ‘‘dis- ‘‘Sec. 172. Evaluations. established under section 117 of the Work- abled veterans’ outreach program specialists ‘‘Subtitle E—Administration force Investment Act of 1998 (29 U.S.C. 2832),’’ and local veterans’ employment representa- after ‘‘nonprofit organizations’’; tives’’ and inserting ‘‘veteran employment ‘‘Sec. 181. Requirements and restrictions. (3) in subsection (e)— specialists appointed under section 134(f) of ‘‘Sec. 182. Prompt allocation of funds. (A) in paragraph (3), by striking ‘‘victims the Workforce Investment Act of 1998’’; and ‘‘Sec. 183. Monitoring. ‘‘Sec. 184. Fiscal controls; sanctions. services, and employment services’’ and in- (6) in section 4112(d)— ‘‘Sec. 185. Reports; recordkeeping; investiga- serting ‘‘and victim services’’; (A) in paragraph (1), by striking ‘‘disabled tions. (B) by redesignating paragraphs (4) and (5) veterans’ outreach program specialist’’ and ‘‘Sec. 186. Administrative adjudication. as paragraphs (5) and (6), respectively; and inserting ‘‘veteran employment specialist ‘‘Sec. 187. Judicial review. (C) by inserting after paragraph (3) the fol- appointed under section 134(f) of the Work- ‘‘Sec. 188. Nondiscrimination. lowing new paragraph: force Investment Act of 1998’’; and ‘‘(D) provides employment and training ‘‘Sec. 189. Administrative provisions. (B) by striking paragraph (2) and redesig- ‘‘Sec. 190. References. services through the statewide workforce in- nating paragraph (3) as paragraph (2). vestment system under subtitle B of title I ‘‘Sec. 191. State legislative authority. of the Workforce Investment Act of 1998 (29 SEC. 473. CONFORMING AMENDMENT TO TABLE ‘‘Sec. 193. Transfer of Federal equity in OF CONTENTS. U.S.C. 2811 et seq.), including a one-stop de- State employment security real The table of contents in section 1(b) is livery system under section 121 of such Act property to the States. amended to read as follows: (29 U.S.C. 2841);’’; and ‘‘Sec. 195. General program requirements. ‘‘(b) TABLE OF CONTENTS.—The table of (4) in subsection (k)— ‘‘Sec. 196. Federal agency staff. contents for this Act is as follows: (A) in paragraph (1)(A), by inserting ‘‘, in ‘‘Sec. 197. Restrictions on lobbying and po- accordance with paragraph (2)’’ after ‘‘under ‘‘Sec. 1. Short title; table of contents. litical activities. this section’’; ‘‘TITLE I—WORKFORCE INVESTMENT ‘‘Subtitle F—Repeals and Conforming (B) by redesignating paragraphs (2) and (3) SYSTEMS Amendments as paragraphs (3) and (4), respectively; and ‘‘Subtitle A—Workforce Investment ‘‘Sec. 199. Repeals. (C) by inserting after paragraph (1) the fol- Definitions ‘‘Sec. 199A. Conforming amendments. lowing new paragraph: ‘‘Sec. 101. Definitions. ‘‘TITLE II—ADULT EDUCATION AND ‘‘(B) EMPLOYMENT AND TRAINING.—The At- FAMILY LITERACY EDUCATION torney General shall require each grantee ‘‘Subtitle B—Statewide and Local Workforce under this section to measure the core indi- Investment Systems ‘‘Sec. 201. Short title. cators of performance as described in section ‘‘Sec. 106. Purpose. ‘‘Sec. 202. Purpose. ‘‘Sec. 203. Definitions. 136(b)(2)(A) of the Workforce Investment Act ‘‘CHAPTER 1—STATE PROVISIONS of 1998 (29 U.S.C. 2871(b)(2)(A)) with respect ‘‘Sec. 204. Home schools. to the program of such grantee funded with ‘‘Sec. 111. State workforce investment ‘‘Sec. 205. Authorization of appropriations. a grant under this section.’’. boards. ‘‘Subtitle A—Federal Provisions ‘‘Sec. 112. State plan. (e) CONFORMING AMENDMENTS TO TITLE 38, ‘‘Sec. 211. Reservation of funds; grants to el- UNITED STATES CODE.—Title 38, United ‘‘CHAPTER 2—LOCAL PROVISIONS igible agencies; allotments. States Code, is amended— ‘‘Sec. 116. Local workforce investment ‘‘Sec. 212. Performance accountability sys- (1) in section 3672(d)(1), by striking ‘‘dis- areas. tem. abled veterans’ outreach program specialists ‘‘Sec. 117. Local workforce investment ‘‘Subtitle B—State Provisions under section 4103A’’ and inserting ‘‘veteran boards. ‘‘Sec. 221. State administration. employment specialists appointed under sec- ‘‘Sec. 118. Local plan. tion 134(f) of the Workforce Investment Act ‘‘Sec. 222. State distribution of funds; ‘‘CHAPTER 3—WORKFORCE INVESTMENT of 1998’’; matching requirement. ACTIVITIES PROVIDERS (2) in the table of sections at the beginning ‘‘Sec. 223. State leadership activities. of chapter 41, by striking the items relating ‘‘Sec. 121. Establishment of one-stop deliv- ‘‘Sec. 224. State plan. to sections 4103A and 4104; ery systems. ‘‘Sec. 225. Programs for corrections edu- (3) in section 4102A— ‘‘Sec. 122. Identification of eligible providers cation and other institutional- (A) in subsection (b)— of training services. ized individuals. (i) by striking paragraphs (5), (6), and (7); ‘‘CHAPTER 5—EMPLOYMENT AND TRAINING ‘‘Subtitle C—Local Provisions and ACTIVITIES ‘‘Sec. 231. Grants and contracts for eligible (ii) by redesignating paragraph (8) as para- ‘‘Sec. 131. General authorization. providers. graph (5); ‘‘Sec. 132. State allotments. ‘‘Sec. 232. Local application. (B) by striking subsections (c) and (h); ‘‘Sec. 133. Within State allocations. ‘‘Sec. 233. Local administrative cost limits. (C) by redesignating subsections (d), (e), ‘‘Sec. 134. Use of funds for employment and ‘‘Subtitle D—General Provisions (f), and (g) as subsections (c), (d), (e), and (f); training activities. ‘‘Sec. 241. Administrative provisions. and ‘‘CHAPTER 6—GENERAL PROVISIONS ‘‘Sec. 242. National activities. (D) in subsection (e)(1) (as so redesig- ‘‘Sec. 136. Performance accountability sys- nated)— ‘‘TITLE III—WORKFORCE INVESTMENT- tem. (i) by striking ‘‘, including disabled vet- RELATED ACTIVITIES ‘‘Sec. 137. Authorization of appropriations. erans’ outreach program specialists and local ‘‘Subtitle A—Wagner-Peyser Act veterans’ employment representatives pro- ‘‘Subtitle C—Job Corps ‘‘Sec. 301. Definitions. viding employment, training, and placement ‘‘Sec. 141. Purposes. ‘‘Sec. 302. Functions. services under this chapter in a State’’; and ‘‘Sec. 142. Definitions. ‘‘Sec. 303. Designation of State agencies. (ii) by striking ‘‘for purposes of subsection ‘‘Sec. 143. Establishment. ‘‘Sec. 304. Appropriations. (c)’’; ‘‘Sec. 144. Individuals eligible for the Job ‘‘Sec. 305. Disposition of allotted funds. (4) in section 4104A— Corps. ‘‘Sec. 306. State plans. (A) in subsection (b)(1), by striking sub- ‘‘Sec. 145. Recruitment, screening, selection, ‘‘Sec. 307. Repeal of Federal advisory coun- paragraph (A) and inserting the following: and assignment of enrollees. cil. ‘‘(i) the appropriate veteran employment ‘‘Sec. 146. Enrollment. ‘‘Sec. 308. Regulations. specialist (in carrying out the functions de- ‘‘Sec. 147. Job Corps centers. ‘‘Sec. 309. Employment statistics. scribed in section 134(f) of the Workforce In- ‘‘Sec. 148. Program activities. ‘‘Sec. 310. Technical amendments. vestment Act of 1998);’’; and ‘‘Sec. 149. Counseling and job placement. ‘‘Sec. 311. Effective date.

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‘‘Subtitle B—Linkages With Other Programs ing ‘‘COMMISSIONER’’ and inserting ‘‘DIREC- under the Assistive Technology Act of 1998 ‘‘Sec. 321. Trade Act of 1974. TOR’’; (29 U.S.C. 3001 et seq.) have developed work- ‘‘Sec. 322. Veterans’ employment programs. (6) in section 401(a)(1) (29 U.S.C. 781(a)(1)), ing relationships and coordinate their activi- ‘‘Sec. 323. Older Americans Act of 1965. by inserting ‘‘of the National Institute on ties.’’; ‘‘Subtitle D—Application of Civil Rights and Disability and Rehabilitation Research’’ (3) in paragraph (15)— Labor-Management Laws to the Smithso- after ‘‘Director’’; (A) in subparagraph (A)— nian Institution (7) in the heading for section 706 (29 U.S.C. (i) in clause (i)— 796d–1), by striking ‘‘ ’’ and in- ‘‘Sec. 341. Application of civil rights and COMMISSIONER (I) in subclause (II), by striking ‘‘and’’ at serting ‘‘ ’’; and labor-management laws to the DIRECTOR the end; (8) in the heading for paragraph (3) of sec- Smithsonian Institution. (II) in subclause (III), by adding ‘‘and’’ at tion 723(a) (29 U.S.C. 796f–2(a)), by striking the end; and ‘‘TITLE IV—REHABILITATION ACT ‘‘COMMISSIONER’’ and inserting ‘‘DIRECTOR’’. (III) by adding at the end the following: AMENDMENTS OF 1998 (b) EFFECTIVE DATE; APPLICATION.—The ‘‘(IV) students with disabilities, including ‘‘Sec. 401. Short title. amendments made by subsection (a) shall— their need for transition services;’’; ‘‘Sec. 402. Title. (1) take effect on the date of the enactment (ii) by redesignating clauses (ii) and (iii) as ‘‘Sec. 403. General provisions. of this Act; and clauses (iii) and (iv), respectively; and ‘‘Sec. 404. Vocational rehabilitation serv- (2) apply with respect to the appointments (iii) by inserting after clause (i) the fol- ices. of Directors of the Rehabilitation Services lowing: ‘‘Sec. 405. Research and training. Administration made on or after the date of ‘‘(ii) include an assessment of the transi- ‘‘Sec. 406. Professional development and spe- enactment of this Act, and the Directors so tion services provided under this Act, and co- cial projects and demonstra- appointed. ordinated with transition services provided tions. SEC. 478. DEFINITIONS. ‘‘Sec. 407. National Council on Disability. under the Individuals with Disabilities Edu- Section 7 of the Rehabilitation Act of 1973 cation Act (20 U.S.C. 1400 et seq.), about the ‘‘Sec. 408. Rights and advocacy. (29 U.S.C. 705) is amended— ‘‘Sec. 409. Employment opportunities for in- extent to which those 2 types of services (1) by redesignating paragraphs (35) dividuals with disabilities. meet the needs of individuals with disabil- through (39) as paragraphs (36) through (40), ‘‘Sec. 410. Independent living services and ities;’’; and respectively; centers for independent living. (B) in subparagraph (B)(ii), by striking (2) in subparagraph (A)(ii) of paragraph (36) ‘‘Sec. 411. Repeal. ‘‘and under part B of title VI’’; ‘‘Sec. 412. Helen Keller National Center Act. (as redesignated by paragraph (1)), by strik- (C) in subparagraph (D)— ‘‘Sec. 413. President’s Committee on Em- ing ‘‘paragraph (36)(C)’’ and inserting ‘‘para- (i) by redesignating clauses (iii), (iv), and ployment of People With Dis- graph (37)(C)’’; and (v) as clauses (iv), (v), and (vi), respectively; abilities. (3) by inserting after paragraph (34) the fol- (ii) by inserting after clause (ii) the fol- ‘‘Sec. 414. Conforming amendments. lowing: lowing: ‘‘(35)(A) The term ‘student with a dis- ‘‘TITLE V—GENERAL PROVISIONS ‘‘(iii) the methods to be used to improve ability’ means an individual with a dis- and expand vocational rehabilitation serv- ‘‘Sec. 501. State unified plan. ability who— ices for students with disabilities, including ‘‘Sec. 504. Privacy. ‘‘(i) is not younger than 16 and not older the coordination of services designed to fa- ‘‘Sec. 505. Buy-American requirements. than 21; ‘‘Sec. 507. Effective date.’’. cilitate the transition of such students from ‘‘(ii) has been determined to be eligible the receipt of educational services in school Subtitle E—Amendments to the under section 102(a) for assistance under this to the receipt of vocational rehabilitation Rehabilitation Act of 1973 title; and services under this title or to postsecondary SEC. 476. FINDINGS. ‘‘(iii)(I) is eligible for, and is receiving, spe- education or employment;’’; and Section 2(a) of the Rehabilitation Act of cial education under part B of the Individ- (iii) in clause (v), as redesignated by clause 1973 (29 U.S.C. 701(a)) is amended— uals with Disabilities Education Act (20 (i) of this subparagraph, by striking ‘‘evalua- (1) in paragraph (5), by striking ‘‘and’’ at U.S.C. 1411 et seq.); or tion standards’’ and inserting ‘‘performance the end; ‘‘(II) is an individual with a disability, for standards’’; (2) in paragraph (6), by striking the period purposes of section 504. (4) in paragraph (22)— and inserting ‘‘; and’’; and ‘‘(B) The term ‘students with disabilities’ (A) in the paragraph heading, by striking (3) by adding at the end the following: means more than 1 student with a dis- ‘‘STATE PLAN SUPPLEMENT’’; ‘‘(7) there is a substantial need to improve ability.’’. (B) by striking ‘‘carrying out part B of and expand services for students with dis- SEC. 479. CARRYOVER. title VI, including’’; and abilities under this Act.’’. Section 19(a)(1) of the Rehabilitation Act (C) by striking ‘‘that part to supplement SEC. 477. REHABILITATION SERVICES ADMINIS- of 1973 (29 U.S.C. 716(a)(1)) is amended by funds made available under part B of’’; TRATION. striking ‘‘part B of title VI,’’. (5) in paragraph (24)— (a) REHABILITATION SERVICES ADMINISTRA- SEC. 480. TRADITIONALLY UNDERSERVED POPU- (A) in the paragraph heading, by striking TION.—The Rehabilitation Act of 1973 (29 LATIONS. ‘‘CONTRACTS’’ and inserting ‘‘GRANTS’’; and U.S.C. 701 et seq.) is amended— Section 21 of the Rehabilitation Act of 1973 (B) in subparagraph (A)— (1) in section 3(a) (29 U.S.C. 702(a))— (29 U.S.C. 718) is amended, in paragraphs (1) (i) in the subparagraph heading, by strik- (A) by striking ‘‘Office of the Secretary’’ and (2)(A) of subsection (b), and in subsection ing ‘‘CONTRACTS’’ and inserting ‘‘GRANTS’’; and inserting ‘‘Department of Education’’; (c), by striking ‘‘VI,’’. and (B) by striking ‘‘President by and with the SEC. 481. STATE PLAN. (ii) by striking ‘‘part A of title VI’’ and in- advice and consent of the Senate’’ and in- Section 101(a) of the Rehabilitation Act of serting ‘‘section 109A’’; and serting ‘‘Secretary’’; and 1973 (29 U.S.C. 721(a)) is amended— (6) by adding at the end the following: (C) by striking ‘‘, and the Commissioner (1) in paragraph (10)— ‘‘(25) COLLABORATION WITH INDUSTRY.—The shall be the principal officer,’’; (A) in subparagraph (B), by striking ‘‘on State plan shall describe how the designated (2) by striking ‘‘Commissioner’’ each place the eligible individuals’’ and all that follows State agency will carry out the provisions of it appears (except in section 21) and inserting and inserting ‘‘of information necessary to section 109A, including— ‘‘Director’’; assess the State’s performance on the core ‘‘(A) the criteria such agency will use to (3) in section 12(c) (29 U.S.C. 709(c)), by indicators of performance described in sec- award grants under such section; and striking ‘‘Commissioner’s’’ and inserting tion 136(b)(2)(A) of the Workforce Investment ‘‘(B) how the activities carried out under ‘‘Director’s’’; Act of 1998 (29 U.S.C. 2871(b)(2)(A)).’’; and such grants will be coordinated with other (4) in section 21 (29 U.S.C. 718)— (B) in subparagraph (E)(ii), by striking ‘‘, services provided under this title. (A) in subsection (b)(1)— to the extent the measures are applicable to ‘‘(26) SERVICES FOR STUDENTS WITH DISABIL- (i) by striking ‘‘Commissioner’’ the first individuals with disabilities’’; ITIES.—The State plan shall provide an as- place it appears and inserting ‘‘Director of (2) in paragraph (11)— surance satisfactory to the Secretary that the Rehabilitation Services Administra- (A) in subparagraph (D)(i), by inserting be- the State— tion’’; fore the semicolon the following: ‘‘, which ‘‘(A) has developed and implemented strat- (ii) by striking ‘‘(referred to in this sub- may be provided using alternative means of egies to address the needs identified in the section as the ‘Director’)’’; and meeting participation (such as participation assessments described in paragraph (15), and (iii) by striking ‘‘The Commissioner and through video conferences and conference achieve the goals and priorities identified by the Director’’ and inserting ‘‘Both such Di- calls)’’; and the State in that paragraph, to improve and rectors’’; and (B) by adding at the end the following: expand vocational rehabilitation services for (B) by striking ‘‘the Commissioner and the ‘‘(G) COORDINATION WITH ASSISTIVE TECH- students with disabilities on a statewide Director’’ each place it appears and inserting NOLOGY PROGRAMS.—The State plan shall in- basis in accordance with paragraph (15); and ‘‘both such Directors’’; clude an assurance that the designated State ‘‘(B) from funds reserved under section (5) in the heading for subparagraph (B) of unit and the lead agency or implementing 110A, shall carry out programs or activities section 100(d)(2) (29 U.S.C. 720(d)(2)), by strik- entity responsible for carrying out duties designed to improve and expand vocational

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rehabilitation services for students with dis- (3) in subsection (b)(2)(B), by striking ‘‘(g) FEDERAL SHARE.—The Federal share abilities that— clause (i) and inserting the following: for a program under this section shall not ‘‘(i) facilitate the transition of students ‘‘(i) on a biannual basis, review the pro- exceed 80 percent of the costs of the pro- with disabilities from the receipt of edu- gram improvement efforts of the State and, gram.’’. cational services in school, to the receipt of if the State has not improved its perform- SEC. 486. RESERVATION FOR EXPANDED TRANSI- vocational rehabilitation services under this ance to acceptable levels, as determined by TION SERVICES. title, including, at a minimum, those serv- the Director, direct the State to make revi- The Rehabilitation Act of 1973 is amended ices specified in the interagency agreement sions to the plan to improve performance; by inserting after section 110 (29 U.S.C. 730) required in paragraph (11)(D); and’’. the following: ‘‘(ii) improve the achievement of post- (b) CONFORMING AMENDMENTS.—Section 107 ‘‘SEC. 110A. RESERVATION FOR EXPANDED TRAN- school goals of students with disabilities, in- of the Rehabilitation Act of 1973 (29 U.S.C. SITION SERVICES. cluding improving the achievement through 727) is amended— ‘‘Each State shall reserve not less than 10 participation (as appropriate when career (1) in subsections (a)(1)(B) and (b)(2), by percent of the funds allotted to the State goals are discussed) in meetings regarding striking ‘‘evaluation standards’’ and insert- under section 110(a) to carry out programs or individualized education programs developed ing ‘‘performance standards’’; and activities under sections 101(a)(26)(B) and under section 614 of the Individuals with Dis- (2) in subsection (c)(1)(B), by striking ‘‘an 103(b)(6).’’. abilities Education Act (20 U.S.C. 1414); evaluation standard’’ and inserting ‘‘a per- SEC. 487. CLIENT ASSISTANCE PROGRAM. ‘‘(iii) provide career guidance, career ex- formance standard’’. Section 112(e)(1) of the Rehabilitation Act 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 SEC. 482. SCOPE OF SERVICES. in partnership with one or more of the fol- this subsection.’’. Section 103 of the Rehabilitation Act of lowing: SEC. 488. RESEARCH. 1973 (29 U.S.C. 723) is amended— ‘‘(1) Community rehabilitation program Section 204(a)(2)(A) of the Rehabilitation (1) in subsection (a), by striking paragraph providers. Act of 1973 (29 U.S.C. 764(a)(2)(A)) is amended (15) and inserting the following: ‘‘(2) Indian tribes. by striking ‘‘VI,’’. ‘‘(15) transition services for students with ‘‘(3) Tribal organizations. SEC. 489. TITLE III AMENDMENTS. disabilities, that facilitate the achievement ‘‘(b) AUTHORITY.—A State shall use not less Title III of the Rehabilitation Act of 1973 of the employment outcome identified in the than one-half of one percent of the payment (29 U.S.C. 771 et seq.) is amended— individualized plan for employment involved, the State receives under section 111 for a fis- (1) in section 301(a) (21 U.S.C. 771(a))— including services described in clauses (i) cal year to award grants to eligible entities (A) in paragraph (2), by inserting ‘‘and’’ at through (iii) of section 101(a)(26)(B);’’; to pay for the Federal share of the cost of the end; (2) in subsection (b), by striking paragraph carrying out collaborative programs, to cre- (B) by striking paragraphs (3) and (4); and (6) and inserting the following: ate practical job and career readiness and (C) by redesignating paragraph (5) as para- ‘‘(6)(A)(i) Consultation and technical as- training programs, and to provide job place- graph (3); sistance services to assist State and local ments and career advancement. (2) in section 302 (29 U.S.C. 772)— educational agencies in planning for the ‘‘(c) AWARDS.—Grants under this section (A) in subsection (g)— transition of students with disabilities from shall— (i) in the heading, by striking ‘‘AND IN- school to post-school activities, including ‘‘(1) be awarded for a period not to exceed SERVICE TRAINING’’; and employment. 5 years; and (ii) by striking paragraph (3); and ‘‘(ii) Training and technical assistance de- ‘‘(2) be awarded competitively. (B) in subsection (h), by striking ‘‘section scribed in section 101(a)(26)(B)(iv). ‘‘(d) APPLICATION.—To receive a grant 306’’ and inserting ‘‘section 304’’; ‘‘(B) Services for groups of individuals with under this section, an eligible entity shall (3) in section 303 (29 U.S.C. 773)— disabilities who meet the requirements of submit an application to a designated State (A) in subsection (b)(1), by striking ‘‘sec- clauses (i) and (iii) of section 7(35)(A), includ- agency at such time, in such manner, and tion 306’’ and inserting ‘‘section 304’’; and ing services described in clauses (i), (ii), (iii), containing such information as such agency (B) in subsection (c)— and (v) of section 101(a)(26)(B), to assist in shall require. Such application shall include, (i) in paragraph (4)— the transition from school to post-school ac- at a minimum— (I) by amending subparagraph (A)(ii) to tivities.’’; and ‘‘(1) a plan for evaluating the effectiveness read as follows: (3) in subsection (b), by inserting at the of the collaborative program; ‘‘(ii) to coordinate activities and work end the following: ‘‘(2) a plan for collecting and reporting the closely with the parent training and infor- ‘‘(7) The establishment, development, or data and information described under sub- mation centers established pursuant to sec- improvement of assistive technology dem- paragraphs (A) through (C) of section tion 671 of the Individuals with Disabilities onstration, loan, reutilization, or financing 101(a)(10), as determined appropriate by the Education Act (20 U.S.C. 1471), the commu- programs in coordination with activities au- designated State agency; and nity parent resource centers established pur- thorized under the Assistive Technology Act ‘‘(3) a plan for providing for the non-Fed- suant to section 672 of such Act (29 U.S.C. of 1998 (29 U.S.C. 3001 et seq.) to promote ac- eral share of the costs of the program. 1472), and the eligible entities receiving cess to assistive technology for individuals ‘‘(e) ACTIVITIES.—An eligible entity receiv- awards under section 673 of such Act (20 with disabilities and employers.’’. ing a grant under this section shall use the U.S.C. 1473); and’’; and SEC. 483. STANDARDS AND INDICATORS. grant funds to carry out a program that pro- (II) in subparagraph (C), by inserting ‘‘, (a) IN GENERAL.—Section 106 of the Reha- vides one or more of the following: and demonstrate the capacity for serving,’’ bilitation Act of 1973 (29 U.S.C. 726) is amend- ‘‘(1) Job development, job placement, and after ‘‘serve’’; and ed— career advancement services for individuals (ii) by adding at the end the following: (1) in the section heading, by striking with disabilities. ‘‘(8) RESERVATION.—From the amount ap- ‘‘EVALUATION STANDARDS’’ and inserting ‘‘PER- ‘‘(2) Training in realistic work settings in propriated to carry out this subsection for a FORMANCE STANDARDS’’; order to prepare individuals with disabilities fiscal year, 20 percent of such amount or (2) by striking subsection (a) and inserting for employment and career advancement in $500,000, whichever is less, shall be reserved the following: the competitive market. to carry out paragraph (6).’’; ‘‘(a) STANDARDS AND INDICATORS.—The per- ‘‘(3) Providing individuals with disabilities (4) by striking sections 304 and 305 (29 formance standards and indicators for the with such support services as may be re- U.S.C. 774, 775); and vocational rehabilitation program carried quired in order to maintain the employment (5) by redesignating section 306 (29 U.S.C. out under this title— and career advancement for which the indi- 776) as section 304. ‘‘(1) shall be subject to paragraphs (2)(A) viduals have received training. SEC. 490. REPEAL OF TITLE VI. and (3) of section 136(b) of the Workforce In- ‘‘(f) ELIGIBILITY FOR SERVICES.—An indi- Title VI of the Rehabilitation Act of 1973 vestment Act of 1998 (29 U.S.C. 2871(b)); and vidual shall be eligible for services provided (29 U.S.C. 795 et seq.) is repealed. ‘‘(2) may, at a State’s discretion, include under a program under this section if the in- SEC. 491. TITLE VII GENERAL PROVISIONS. additional indicators identified in the State dividual is determined under section 102(a)(1) (a) PURPOSE.—Section 701(3) of the Reha- plan submitted under section 101.’’; and to be eligible for assistance under this title. bilitation Act of 1973 (29 U.S.C. 796(3)) is

VerDate Mar 15 2010 03:09 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A08JA6.023 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE January 8, 2014 CONGRESSIONAL RECORD — SENATE S179 amended by striking ‘‘State programs of sup- (2) by inserting after the item relating to costs between subparagraph (A) and subpara- ported employment services receiving assist- section 110 the following: graph (B) of paragraph (1); and ance under part B of title VI,’’. ‘‘Sec. 110A. Reservation for expanded transi- (3) estimates the administrative cost sav- (b) CHAIRPERSON.—Section 705(b)(5) of the tion services.’’; ings at the Federal and State levels for a fis- Rehabilitation Act of 1973 (29 U.S.C. cal year as a result of States consolidating (3) by striking the item related to section 796d(b)(5)) is amended to read as follows: amounts under section 501(e) of the Work- 304 and inserting the following: ‘‘(5) CHAIRPERSON.—The Council shall se- 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 SEC. 492. AUTHORIZATIONS OF APPROPRIA- (4) by striking the items related to sec- employment and training programs. TIONS. tions 305 and 306; (b) DEFINITION.—For purposes of this sec- The Rehabilitation Act of 1973 (29 U.S.C. (5) by striking the items related to title tion, the term ‘‘administrative costs’’ has 701 et seq.) is further amended— VI; and the meaning given the term in section 101 of (1) in section 100 (29 U.S.C. 720)— (6) by striking the item related to section the Workforce Investment Act of 1998 (29 (A) in subsection (b)(1), by striking ‘‘such 706 and inserting the following: U.S.C. 2801). sums as may be necessary for fiscal years ‘‘Sec. 706. Responsibilities of the Director.’’. TITLE V—OFFSET 1999 through 2003’’ and inserting Subtitle F—Studies by the Comptroller SEC. 501. NONDEFENSE DISCRETIONARY SPEND- ‘‘$3,121,712,000 for fiscal year 2015 and each of General ING. the 6 succeeding fiscal years’’; and Section 251(c)(2)(B) of the Balanced Budget SEC. 496. STUDY BY THE COMPTROLLER GEN- (B) in subsection (d)(1)(B), by striking and Emergency Deficit Control Act of 1985 is ‘‘2003’’ and inserting ‘‘2021’’; ERAL ON EXHAUSTING FEDERAL PELL GRANTS BEFORE ACCESSING amended by striking ‘‘$492,356,000,000’’ and (2) in section 110(c) (29 U.S.C. 730(c)), by WIA FUNDS. inserting ‘‘$482,356,000,000’’. amending paragraph (2) to read as follows: Not later than 12 months after the date of ‘‘(2) The sum referred to in paragraph (1) enactment of this Act, the Comptroller Gen- SA 2623. Mr. MCCONNELL (for him- shall be, as determined by the Secretary, not eral of the United States shall complete and self and Mr. HATCH) submitted an less than 1 percent and not more than 1.5 submit to the Committee on Education and amendment intended to be proposed by percent of the amount referred to in para- the Workforce of the House of Representa- him to the bill S. 1845, to provide for graph (1) for each of fiscal years 2015 through tives and the Committee on Health, Edu- 2020.’’; the extension of certain unemployment cation, Labor, and Pensions of the Senate a benefits, and for other purposes; which (3) in section 112(h) (29 U.S.C. 732(h)), by report that— striking ‘‘such sums as may be necessary for was ordered to lie on the table; as fol- (1) evaluates the effectiveness of subpara- lows: fiscal years 1999 through 2003’’ and inserting graph (B) of section 134(d)(4) of the Work- ‘‘$12,240,000 for fiscal year 2015 and each of force Investment Act of 1998 (29 U.S.C. Strike all after the enacting clause and in- the 6 succeeding fiscal years’’; 2864(d)(4)(B)) (as such subparagraph was in sert the following: (4) by amending subsection (a) of section effect on the day before the date of enact- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 201 (29 U.S.C. 761(a)) to read as follows: ‘‘(a) ment of this Act), including— (a) IN GENERAL.—This Act may be cited as There are authorized to be appropriated (A) a review of the regulations and guid- the ‘‘Military Heroes Pension, Family $108,817,000 for fiscal year 2015 and each of ance issued by the Secretary of Labor to Health Fairness, and Emergency Long-Term the 6 succeeding fiscal years to carry out State and local areas on how to comply with Unemployment Insurance Extension Act of this title.’’; such subparagraph; 2014’’. (5) in section 302(i) (29 U.S.C. 772(i)), by (B) a review of State policies to determine (b) TABLE OF CONTENTS.—The table of con- striking ‘‘such sums as may be necessary for how local areas are required to comply with tents of this Act is as follows: each of the fiscal years 1999 through 2003’’ such subparagraph; Sec. 1. Short title; table of contents. and inserting ‘‘$35,515,000 for fiscal year 2015 (C) a review of local area policies to deter- TITLE I—MILITARY HEROES’ PENSIONS and each of the 6 succeeding fiscal years’’; mine how one-stop operators are required to Sec. 101. Repeal of reductions made by Bi- (6) in section 303(e) (29 U.S.C. 773(e)), by comply with such subparagraph; and partisan Budget Act of 2013. striking ‘‘such sums as may be necessary for (D) a review of a sampling of individuals TITLE II—FAMILY HEALTH FAIRNESS each of the fiscal years 1999 through 2003’’ receiving training services under section and inserting ‘‘$5,325,000 for fiscal year 2015 Sec. 201. Delay in application of individual 134(d)(4) of the Workforce Investment Act of health insurance mandate. and each of the 6 succeeding fiscal years’’; 1998 (29 U.S.C. 2864(d)(4)) to determine if, be- TITLE III—UNEMPLOYMENT PROVISIONS (7) in section 405 (29 U.S.C. 785), by striking fore receiving such training services, such ‘‘such sums as may be necessary for each of individuals have exhausted funds received Sec. 301. Extension of emergency unemploy- the fiscal years 1999 through 2003’’ and in- through the Federal Pell Grant program ment compensation program. serting ‘‘$3,258,000 for fiscal year 2015 and under title IV of the Higher Education Act of Sec. 302. Temporary extension of extended each of the 6 succeeding fiscal years’’; 1965 (20 U.S.C. 1070 et seq.); and benefit provisions. Sec. 303. Extension of funding for reemploy- (8) in section 502(j) (29 U.S.C. 792(j)), by (2) makes appropriate recommendations ment services and reemploy- striking ‘‘such sums as may be necessary for with respect to the matters evaluated under ment and eligibility assessment each of the fiscal years 1999 through 2003’’ paragraph (1). and inserting ‘‘$7,400,000 for fiscal year 2015 activities. and each of the 6 succeeding fiscal years’’; SEC. 497. STUDY BY THE COMPTROLLER GEN- Sec. 304. Additional extended unemployment ERAL ON ADMINISTRATIVE COST benefits under the railroad un- (9) in section 509(l) (29 U.S.C. 794e(l)), by SAVINGS. striking ‘‘such sums as may be necessary for employment insurance act. (a) STUDY.—Not later than 12 months after Sec. 305. Repeal of nonreduction rule under each of the fiscal years 1999 through 2003’’ the date of the enactment of this Act, the and inserting ‘‘$18,031,000 for fiscal year 2015 the emergency unemployment Comptroller General of the United States compensation program. and each of the 6 succeeding fiscal years’’; shall complete and submit to the Committee TITLE IV—OTHER PROVISIONS (10) in section 714 (29 U.S.C. 796e–3), by on Education and the Workforce of the striking ‘‘such sums as may be necessary for House of Representatives and the Committee Sec. 401. Disqualification on receipt of dis- each of the fiscal years 1999 through 2003’’ on Health, Education, Labor, and Pensions of ability insurance benefits in a and inserting ‘‘$23,359,000 for fiscal year 2015 the Senate a report that— month for which unemploy- and each of the 6 succeeding fiscal years’’; (1) determines the amount of administra- ment compensation is received. (11) in section 727 (29 U.S.C. 796f–6), by tive costs at the Federal and State levels for TITLE I—MILITARY HEROES’ PENSIONS striking ‘‘such sums as may be necessary for the most recent fiscal year for which satis- SEC. 101. REPEAL OF REDUCTIONS MADE BY BI- each of the fiscal years 1999 through 2003’’ factory data are available for— PARTISAN BUDGET ACT OF 2013. and inserting ‘‘$79,953,000 for fiscal year 2015 (A) each of the programs authorized under Section 403 of the Bipartisan Budget Act of and each of the 6 succeeding fiscal years’’; the Workforce Investment Act of 1998 (29 2013 is repealed as of the date of the enact- and U.S.C. 2801 et seq.) or repealed under section ment of such Act. (12) in section 753 (29 U.S.C. 796l), by strik- 401 of this Act, as such programs were in ef- TITLE II—FAMILY HEALTH FAIRNESS ing ‘‘such sums as may be necessary for each fect for such fiscal year; and of the fiscal years 1999 through 2003’’ and in- SEC. 201. DELAY IN APPLICATION OF INDIVIDUAL (B) each of the programs described in sub- HEALTH INSURANCE MANDATE. serting ‘‘$34,018,000 for fiscal year 2015 and paragraph (A) that have been repealed or (a) IN GENERAL.—Section 5000A(a) of the each of the 6 succeeding fiscal years’’. consolidated on or after the date of enact- Internal Revenue Code of 1986 is amended by SEC. 493. CONFORMING AMENDMENTS. ment of this Act; striking ‘‘2013’’ and inserting ‘‘2014’’. Section 1(b) of the Rehabilitation Act of (2) determines the amount of administra- (b) CONFORMING AMENDMENTS.— 1973 is amended— tive cost savings at the Federal and State (1) Section 5000A(c)(2)(B) of the Internal (1) by inserting after the item relating to levels as a result of repealing and consoli- Revenue Code of 1986 is amended— section 109 the following: dating programs by calculating the dif- (A) by striking ‘‘2014’’ in clause (i) and in- ‘‘Sec. 109A. Collaboration with industry.’’; ferences in the amount of administrative serting ‘‘2015’’, and

VerDate Mar 15 2010 04:06 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\A08JA6.023 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE S180 CONGRESSIONAL RECORD — SENATE January 8, 2014 (B) by striking ‘‘2015’’ in clauses (ii) and (Public Law 110–252; 26 U.S.C. 3304 note) is ment Compensation Act (26 U.S.C. 3304 (iii) and inserting ‘‘2016’’. amended by striking ‘‘through fiscal year note)); and (2) Section 5000A(c)(3)(B) of such Code is 2014’’ and inserting ‘‘through fiscal year ‘‘(II) trade adjustment assistance under amended— 2015’’. title II of the Trade Act of 1974 (19 U.S.C. 2251 (A) by striking ‘‘2014’’ and inserting ‘‘2015’’, (b) EFFECTIVE DATE.—The amendments et seq.).’’. and made by this section shall take effect as if (b) TRIAL WORK PERIOD.—Section 222(c) of (B) by striking ‘‘2015’’ (prior to amendment included in the enactment of the American the Social Security Act (42 U.S.C. 422(c)) is by subparagraph (A)) and inserting ‘‘2016’’. Taxpayer Relief Act of 2012 (Public Law 112– amended by adding at the end the following: (3) Section 5000A(c)(3)(D) of such Code is 240). ‘‘(6)(A) For purposes of this subsection, an amended— SEC. 304. ADDITIONAL EXTENDED UNEMPLOY- individual shall be deemed to have rendered (A) by striking ‘‘2016’’ and inserting ‘‘2017’’, MENT BENEFITS UNDER THE RAIL- services in a month if the individual is enti- and ROAD UNEMPLOYMENT INSURANCE tled to unemployment compensation for such (B) by striking ‘‘2015’’ and inserting ‘‘2016’’. ACT. month. (4) Section 5000A(e)(1)(D) of such Code is (a) EXTENSION.—Section 2(c)(2)(D)(iii) of ‘‘(B) For purposes of subparagraph (A), the amended— the Railroad Unemployment Insurance Act term ‘unemployment compensation’ means— (A) by striking ‘‘2014’’ and inserting ‘‘2015’’, (45 U.S.C. 352(c)(2)(D)(iii)) is amended— ‘‘(i) ‘regular compensation’, ‘extended com- and (1) by striking ‘‘June 30, 2013’’ and insert- pensation’, and ‘additional compensation’ (as (B) by striking ‘‘2013’’ and inserting ‘‘2014’’. ing ‘‘June 30, 2014’’; and such terms are defined by section 205 of the (c) EFFECTIVE DATE.—The amendments (2) by striking ‘‘December 31, 2013’’ and in- Federal-State Extended Unemployment made by this section shall take effect as if serting ‘‘December 31, 2014’’. Compensation Act (26 U.S.C. 3304 note)); and (b) CLARIFICATION ON AUTHORITY TO USE included in section 1501 of the Patient Pro- ‘‘(ii) trade adjustment assistance under FUNDS.—Funds appropriated under either the tection and Affordable Care Act. title II of the Trade Act of 1974 (19 U.S.C. 2251 first or second sentence of clause (iv) of sec- TITLE III—UNEMPLOYMENT PROVISIONS et seq.).’’. tion 2(c)(2)(D) of the Railroad Unemploy- SEC. 301. EXTENSION OF EMERGENCY UNEM- (c) DATA MATCHING.—The Commissioner of ment Insurance Act shall be available to PLOYMENT COMPENSATION PRO- Social Security shall implement the amend- cover the cost of additional extended unem- GRAM. ments made by this section using appro- ployment benefits provided under such sec- (a) EXTENSION.—Section 4007(a)(2) of the priate electronic data. Supplemental Appropriations Act, 2008 (Pub- tion 2(c)(2)(D) by reason of the amendments (d) EFFECTIVE DATE.—The amendments lic Law 110–252; 26 U.S.C. 3304 note) is amend- made by subsection (a) as well as to cover made by this section shall apply with respect ed by striking ‘‘January 1, 2014’’ and insert- the cost of such benefits provided under such to months after March 2014. ing ‘‘January 1, 2015’’. section 2(c)(2)(D), as in effect on the day be- (b) FUNDING.—Section 4004(e)(1) of the Sup- fore the date of enactment of this Act. plemental Appropriations Act, 2008 (Public (c) FUNDING FOR ADMINISTRATION.—Out of SA 2624. Mr. MCCONNELL (for him- Law 110–252; 26 U.S.C. 3304 note) is amended— any funds in the Treasury not otherwise ap- self and Mr. HATCH) submitted an (1) in subparagraph (I), by striking ‘‘and’’ propriated, there are appropriated to the amendment intended to be proposed by at the end; Railroad Retirement Board $250,000 for ad- him to the bill S. 1845, to provide for (2) in subparagraph (J), by inserting ‘‘and’’ ministrative expenses associated with the the extension of certain unemployment at the end; and payment of additional extended unemploy- benefits, and for other purposes; which (3) by inserting after subparagraph (J) the ment benefits provided under section was ordered to lie on the table; as fol- following: 2(c)(2)(D) of the Railroad Unemployment In- ‘‘(K) the amendment made by section 301(a) surance Act by reason of the amendments lows: of the Military Heroes Pension, Family made by subsection (a), to remain available Strike all after the enacting clause and in- Health Fairness, and Emergency Long-Term until expended. sert the following: Unemployment Insurance Extension Act of SEC. 305. REPEAL OF NONREDUCTION RULE SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 2014;’’. UNDER THE EMERGENCY UNEM- (a) IN GENERAL.—This Act may be cited as (c) EFFECTIVE DATE.—The amendments PLOYMENT COMPENSATION PRO- the ‘‘Military Heroes Pension, Family GRAM. made by this section shall take effect as if Health Fairness, and Emergency Long-Term included in the enactment of the American (a) IN GENERAL.—Subsection (g) of section Unemployment Insurance Extension Act of Taxpayer Relief Act of 2012 (Public Law 112– 4001 of the Supplemental Appropriations Act, 2014’’. 240). 2008 (Public Law 110–252; 26 U.S.C. 3304 note) (b) TABLE OF CONTENTS.—The table of con- is repealed. SEC. 302. TEMPORARY EXTENSION OF EXTENDED tents of this Act is as follows: BENEFIT PROVISIONS. (b) EFFECTIVE DATE.—The amendment (a) IN GENERAL.—Section 2005 of the Assist- made by subsection (a) shall apply with re- Sec. 1. Short title; table of contents. ance for Unemployed Workers and Strug- spect to weeks of unemployment beginning TITLE I—MILITARY HEROES’ PENSIONS gling Families Act, as contained in Public on or after the date of the enactment of this Sec. 101. Repeal of reductions made by Bi- Law 111–5 (26 U.S.C. 3304 note), is amended— Act. partisan Budget Act of 2013. (1) by striking ‘‘December 31, 2013’’ each (c) PERMITTING A SUBSEQUENT AGREE- place it appears and inserting ‘‘December 31, MENT.—Nothing in title IV of the Supple- TITLE II—FAMILY HEALTH FAIRNESS 2014’’; and mental Appropriations Act, 2008 (Public Law Sec. 201. Delay in application of individual (2) in subsection (c), by striking ‘‘June 30, 110–252; 26 U.S.C. 3304 note) shall preclude a health insurance mandate. 2014’’ and inserting ‘‘June 30, 2015’’. State whose agreement under such title was TITLE III—UNEMPLOYMENT PROVISIONS (b) EXTENSION OF MATCHING FOR STATES terminated from entering into a subsequent WITH NO WAITING WEEK.—Section 5 of the agreement under such title on or after the Sec. 301. Extension of emergency unemploy- Unemployment Compensation Extension Act date of the enactment of this Act if the ment compensation program. of 2008 (Public Law 110–449; 26 U.S.C. 3304 State, taking into account the application of Sec. 302. Temporary extension of extended note) is amended by striking ‘‘June 30, 2014’’ the amendment made by subsection (a), benefit provisions. and inserting ‘‘June 30, 2015’’. would otherwise meet the requirements for Sec. 303. Extension of funding for reemploy- (c) EXTENSION OF MODIFICATION OF INDICA- an agreement under such title. ment services and reemploy- TORS UNDER THE EXTENDED BENEFIT PRO- ment and eligibility assessment GRAM.—Section 203 of the Federal-State Ex- TITLE IV—OTHER PROVISIONS activities. tended Unemployment Compensation Act of SEC. 401. DISQUALIFICATION ON RECEIPT OF Sec. 304. Additional extended unemployment 1970 (26 U.S.C. 3304 note) is amended— DISABILITY INSURANCE BENEFITS benefits under the railroad un- IN A MONTH FOR WHICH UNEM- (1) in subsection (d), by striking ‘‘Decem- employment insurance act. ber 31, 2013’’ and inserting ‘‘December 31, PLOYMENT COMPENSATION IS RE- CEIVED. Sec. 305. Repeal of nonreduction rule under 2014’’; and (a) IN GENERAL.—Section 223(d)(4) of the the emergency unemployment (2) in subsection (f)(2), by striking ‘‘Decem- Social Security Act (42 U.S.C. 423(d)(4)) is compensation program. ber 31, 2013’’ and inserting ‘‘December 31, amended by adding at the end the following: TITLE IV—OTHER PROVISIONS 2014’’. ‘‘(C)(i) If for any month an individual is en- (d) EFFECTIVE DATE.—The amendments Sec. 401. Disqualification on receipt of dis- made by this section shall take effect as if titled to unemployment compensation, such ability insurance benefits in a included in the enactment of the American individual shall be deemed to have engaged month for which unemploy- Taxpayer Relief Act of 2012 (Public Law 112– in substantial gainful activity for such ment compensation is received. 240). month. ‘‘(ii) For purposes of clause (i), the term TITLE I—MILITARY HEROES’ PENSIONS SEC. 303. EXTENSION OF FUNDING FOR REEM- PLOYMENT SERVICES AND REEM- ‘unemployment compensation’ means— SEC. 101. REPEAL OF REDUCTIONS MADE BY BI- PLOYMENT AND ELIGIBILITY AS- ‘‘(I) ‘regular compensation’, ‘extended PARTISAN BUDGET ACT OF 2013. SESSMENT ACTIVITIES. compensation’, and ‘additional compensa- Section 403 of the Bipartisan Budget Act of (a) IN GENERAL.—Section 4004(c)(2)(A) of tion’ (as such terms are defined by section 2013 is repealed as of the date of the enact- the Supplemental Appropriations Act, 2008 205 of the Federal-State Extended Unemploy- ment of such Act.

VerDate Mar 15 2010 03:09 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A08JA6.018 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE January 8, 2014 CONGRESSIONAL RECORD — SENATE S181

TITLE II—FAMILY HEALTH FAIRNESS (d) EFFECTIVE DATE.—The amendments ‘‘(C)(i) If for any month an individual is en- SEC. 201. DELAY IN APPLICATION OF INDIVIDUAL made by this section shall take effect as if titled to unemployment compensation, such HEALTH INSURANCE MANDATE. included in the enactment of the American individual shall be deemed to have engaged (a) IN GENERAL.—Section 5000A(a) of the Taxpayer Relief Act of 2012 (Public Law 112– in substantial gainful activity for such Internal Revenue Code of 1986 is amended by 240). month. striking ‘‘2013’’ and inserting ‘‘2014’’. SEC. 303. EXTENSION OF FUNDING FOR REEM- ‘‘(ii) For purposes of clause (i), the term (b) CONFORMING AMENDMENTS.— PLOYMENT SERVICES AND REEM- ‘unemployment compensation’ means— (1) Section 5000A(c)(2)(B) of the Internal PLOYMENT AND ELIGIBILITY AS- ‘‘(I) ‘regular compensation’, ‘extended Revenue Code of 1986 is amended— SESSMENT ACTIVITIES. compensation’, and ‘additional compensa- (A) by striking ‘‘2014’’ in clause (i) and in- (a) IN GENERAL.—Section 4004(c)(2)(A) of tion’ (as such terms are defined by section serting ‘‘2015’’, and the Supplemental Appropriations Act, 2008 205 of the Federal-State Extended Unemploy- (B) by striking ‘‘2015’’ in clauses (ii) and (Public Law 110–252; 26 U.S.C. 3304 note) is ment Compensation Act (26 U.S.C. 3304 (iii) and inserting ‘‘2016’’. amended by striking ‘‘through fiscal year note)); and (2) Section 5000A(c)(3)(B) of such Code is 2014’’ and inserting ‘‘through the third quar- ‘‘(II) trade adjustment assistance under amended— ter of fiscal year 2015’’. title II of the Trade Act of 1974 (19 U.S.C. 2251 (A) by striking ‘‘2014’’ and inserting ‘‘2015’’, (b) EFFECTIVE DATE.—The amendments et seq.).’’. and made by this section shall take effect as if (b) TRIAL WORK PERIOD.—Section 222(c) of (B) by striking ‘‘2015’’ (prior to amendment included in the enactment of the American the Social Security Act (42 U.S.C. 422(c)) is by subparagraph (A)) and inserting ‘‘2016’’. Taxpayer Relief Act of 2012 (Public Law 112– amended by adding at the end the following: (3) Section 5000A(c)(3)(D) of such Code is 240). ‘‘(6)(A) For purposes of this subsection, an amended— individual shall be deemed to have rendered SEC. 304. ADDITIONAL EXTENDED UNEMPLOY- services in a month if the individual is enti- (A) by striking ‘‘2016’’ and inserting ‘‘2017’’, MENT BENEFITS UNDER THE RAIL- and ROAD UNEMPLOYMENT INSURANCE tled to unemployment compensation for such (B) by striking ‘‘2015’’ and inserting ‘‘2016’’. ACT. month. ‘‘(B) For purposes of subparagraph (A), the (4) Section 5000A(e)(1)(D) of such Code is (a) EXTENSION.—Section 2(c)(2)(D)(iii) of term ‘unemployment compensation’ means— amended— the Railroad Unemployment Insurance Act ‘‘(i) ‘regular compensation’, ‘extended com- (A) by striking ‘‘2014’’ and inserting ‘‘2015’’, (45 U.S.C. 352(c)(2)(D)(iii)) is amended— pensation’, and ‘additional compensation’ (as and (1) by striking ‘‘June 30, 2013’’ and insert- such terms are defined by section 205 of the (B) by striking ‘‘2013’’ and inserting ‘‘2014’’. ing ‘‘March 31, 2014’’; and Federal-State Extended Unemployment (c) EFFECTIVE DATE.—The amendments (2) by striking ‘‘December 31, 2013’’ and in- made by this section shall take effect as if serting ‘‘September 30, 2014’’. Compensation Act (26 U.S.C. 3304 note)); and ‘‘(ii) trade adjustment assistance under included in section 1501 of the Patient Pro- (b) CLARIFICATION ON AUTHORITY TO USE title II of the Trade Act of 1974 (19 U.S.C. 2251 tection and Affordable Care Act. FUNDS.—Funds appropriated under either the et seq.).’’. TITLE III—UNEMPLOYMENT PROVISIONS first or second sentence of clause (iv) of sec- (c) DATA MATCHING.—The Commissioner of tion 2(c)(2)(D) of the Railroad Unemploy- SEC. 301. EXTENSION OF EMERGENCY UNEM- Social Security shall implement the amend- ment Insurance Act shall be available to PLOYMENT COMPENSATION PRO- ments made by this section using appro- GRAM. cover the cost of additional extended unem- priate electronic data. XTENSION (a) E .—Section 4007(a)(2) of the ployment benefits provided under such sec- (d) EFFECTIVE DATE.—The amendments Supplemental Appropriations Act, 2008 (Pub- tion 2(c)(2)(D) by reason of the amendments made by this section shall apply with respect lic Law 110–252; 26 U.S.C. 3304 note) is amend- made by subsection (a) as well as to cover to months after March 2014. ed by striking ‘‘January 1, 2014’’ and insert- the cost of such benefits provided under such ing ‘‘October 1, 2014’’. section 2(c)(2)(D), as in effect on the day be- SA 2625. Mr. MCCONNELL (for him- (b) FUNDING.—Section 4004(e)(1) of the Sup- fore the date of enactment of this Act. self and Mr. HATCH) submitted an plemental Appropriations Act, 2008 (Public (c) FUNDING FOR ADMINISTRATION.—Out of Law 110–252; 26 U.S.C. 3304 note) is amended— amendment intended to be proposed by any funds in the Treasury not otherwise ap- him to the bill S. 1845, to provide for (1) in subparagraph (I), by striking ‘‘and’’ propriated, there are appropriated to the at the end; Railroad Retirement Board $187,500 for ad- the extension of certain unemployment (2) in subparagraph (J), by inserting ‘‘and’’ ministrative expenses associated with the benefits, and for other purposes; which at the end; and payment of additional extended unemploy- was ordered to lie on the table; as fol- (3) by inserting after subparagraph (J) the ment benefits provided under section lows: following: 2(c)(2)(D) of the Railroad Unemployment In- Strike all after the enacting clause and in- ‘‘(K) the amendment made by section 301(a) surance Act by reason of the amendments sert the following: of the Military Heroes Pension, Family made by subsection (a), to remain available SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Health Fairness, and Emergency Long-Term until expended. (a) IN GENERAL.—This Act may be cited as Unemployment Insurance Extension Act of SEC. 305. REPEAL OF NONREDUCTION RULE the ‘‘Military Heroes Pension, Family 2014;’’. UNDER THE EMERGENCY UNEM- Health Fairness, and Emergency Long-Term (c) EFFECTIVE DATE.—The amendments PLOYMENT COMPENSATION PRO- Unemployment Insurance Extension Act of made by this section shall take effect as if GRAM. 2014’’. included in the enactment of the American (a) IN GENERAL.—Subsection (g) of section (b) TABLE OF CONTENTS.—The table of con- Taxpayer Relief Act of 2012 (Public Law 112– 4001 of the Supplemental Appropriations Act, tents of this Act is as follows: 240). 2008 (Public Law 110–252; 26 U.S.C. 3304 note) Sec. 1. Short title; table of contents. SEC. 302. TEMPORARY EXTENSION OF EXTENDED is repealed. BENEFIT PROVISIONS. TITLE I—MILITARY HEROES’ PENSIONS (b) EFFECTIVE DATE.—The amendment (a) IN GENERAL.—Section 2005 of the Assist- Sec. 101. Repeal of reductions made by Bi- made by subsection (a) shall apply with re- ance for Unemployed Workers and Strug- partisan Budget Act of 2013. spect to weeks of unemployment beginning gling Families Act, as contained in Public on or after the date of the enactment of this TITLE II—FAMILY HEALTH FAIRNESS Law 111–5 (26 U.S.C. 3304 note), is amended— Act. Sec. 201. Delay in application of individual (1) by striking ‘‘December 31, 2013’’ each (c) PERMITTING A SUBSEQUENT AGREE- health insurance mandate. place it appears and inserting ‘‘September 30, MENT.—Nothing in title IV of the Supple- TITLE III—UNEMPLOYMENT PROVISIONS 2014’’; and mental Appropriations Act, 2008 (Public Law (2) in subsection (c), by striking ‘‘June 30, Sec. 301. Extension of emergency unemploy- 110–252; 26 U.S.C. 3304 note) shall preclude a 2014’’ and inserting ‘‘March 31, 2015’’. ment compensation program. (b) EXTENSION OF MATCHING FOR STATES State whose agreement under such title was Sec. 302. Temporary extension of extended WITH NO WAITING WEEK.—Section 5 of the terminated from entering into a subsequent benefit provisions. Unemployment Compensation Extension Act agreement under such title on or after the Sec. 303. Extension of funding for reemploy- of 2008 (Public Law 110–449; 26 U.S.C. 3304 date of the enactment of this Act if the ment services and reemploy- note) is amended by striking ‘‘June 30, 2014’’ State, taking into account the application of ment and eligibility assessment and inserting ‘‘March 31, 2015’’. the amendment made by subsection (a), activities. (c) EXTENSION OF MODIFICATION OF INDICA- would otherwise meet the requirements for Sec. 304. Additional extended unemployment TORS UNDER THE EXTENDED BENEFIT PRO- an agreement under such title. benefits under the railroad un- GRAM.—Section 203 of the Federal-State Ex- TITLE IV—OTHER PROVISIONS employment insurance act. tended Unemployment Compensation Act of Sec. 305. Repeal of nonreduction rule under SEC. 401. DISQUALIFICATION ON RECEIPT OF 1970 (26 U.S.C. 3304 note) is amended— the emergency unemployment DISABILITY INSURANCE BENEFITS compensation program. (1) in subsection (d), by striking ‘‘Decem- IN A MONTH FOR WHICH UNEM- ber 31, 2013’’ and inserting ‘‘September 30, PLOYMENT COMPENSATION IS RE- TITLE IV—OTHER PROVISIONS 2014’’; and CEIVED. Sec. 401. Disqualification on receipt of dis- (2) in subsection (f)(2), by striking ‘‘Decem- (a) IN GENERAL.—Section 223(d)(4) of the ability insurance benefits in a ber 31, 2013’’ and inserting ‘‘September 30, Social Security Act (42 U.S.C. 423(d)(4)) is month for which unemploy- 2014’’. amended by adding at the end the following: ment compensation is received.

VerDate Mar 15 2010 04:06 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A08JA6.018 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE S182 CONGRESSIONAL RECORD — SENATE January 8, 2014 TITLE I—MILITARY HEROES’ PENSIONS (1) in subparagraph (I), by striking ‘‘and’’ propriated, there are appropriated to the SEC. 101. REPEAL OF REDUCTIONS MADE BY BI- at the end; Railroad Retirement Board $125,000 for ad- PARTISAN BUDGET ACT OF 2013. (2) in subparagraph (J), by inserting ‘‘and’’ ministrative expenses associated with the Section 403 of the Bipartisan Budget Act of at the end; and payment of additional extended unemploy- 2013 is repealed as of the date of the enact- (3) by inserting after subparagraph (J) the ment benefits provided under section ment of such Act. following: 2(c)(2)(D) of the Railroad Unemployment In- ‘‘(K) the amendment made by section 301(a) surance Act by reason of the amendments TITLE II—FAMILY HEALTH FAIRNESS of the Military Heroes Pension, Family made by subsection (a), to remain available SEC. 201. DELAY IN APPLICATION OF INDIVIDUAL Health Fairness, and Emergency Long-Term until expended. HEALTH INSURANCE MANDATE. Unemployment Insurance Extension Act of SEC. 305. REPEAL OF NONREDUCTION RULE (a) IN GENERAL.—Section 5000A(a) of the 2014;’’. UNDER THE EMERGENCY UNEM- Internal Revenue Code of 1986 is amended by (c) EFFECTIVE DATE.—The amendments PLOYMENT COMPENSATION PRO- striking ‘‘2013’’ and inserting ‘‘2014’’. made by this section shall take effect as if GRAM. (b) CONFORMING AMENDMENTS.— included in the enactment of the American (a) IN GENERAL.—Subsection (g) of section (1) Section 5000A(c)(2)(B) of the Internal Taxpayer Relief Act of 2012 (Public Law 112– 4001 of the Supplemental Appropriations Act, Revenue Code of 1986 is amended— 240). 2008 (Public Law 110–252; 26 U.S.C. 3304 note) (A) by striking ‘‘2014’’ in clause (i) and in- SEC. 302. TEMPORARY EXTENSION OF EXTENDED is repealed. serting ‘‘2015’’, and BENEFIT PROVISIONS. (b) EFFECTIVE DATE.—The amendment (B) by striking ‘‘2015’’ in clauses (ii) and (a) IN GENERAL.—Section 2005 of the Assist- made by subsection (a) shall apply with re- (iii) and inserting ‘‘2016’’. ance for Unemployed Workers and Strug- spect to weeks of unemployment beginning (2) Section 5000A(c)(3)(B) of such Code is gling Families Act, as contained in Public on or after the date of the enactment of this amended— Law 111–5 (26 U.S.C. 3304 note), is amended— Act. (A) by striking ‘‘2014’’ and inserting ‘‘2015’’, (1) by striking ‘‘December 31, 2013’’ each (c) PERMITTING A SUBSEQUENT AGREE- and place it appears and inserting ‘‘June 30, MENT.—Nothing in title IV of the Supple- (B) by striking ‘‘2015’’ (prior to amendment 2014’’; and mental Appropriations Act, 2008 (Public Law by subparagraph (A)) and inserting ‘‘2016’’. (2) in subsection (c), by striking ‘‘June 30, 110–252; 26 U.S.C. 3304 note) shall preclude a (3) Section 5000A(c)(3)(D) of such Code is 2014’’ and inserting ‘‘December 31, 2014’’. State whose agreement under such title was amended— (b) EXTENSION OF MATCHING FOR STATES terminated from entering into a subsequent (A) by striking ‘‘2016’’ and inserting ‘‘2017’’, WITH NO WAITING WEEK.—Section 5 of the agreement under such title on or after the and Unemployment Compensation Extension Act date of the enactment of this Act if the (B) by striking ‘‘2015’’ and inserting ‘‘2016’’. of 2008 (Public Law 110–449; 26 U.S.C. 3304 State, taking into account the application of (4) Section 5000A(e)(1)(D) of such Code is note) is amended by striking ‘‘June 30, 2014’’ the amendment made by subsection (a), amended— and inserting ‘‘December 31, 2014’’. would otherwise meet the requirements for (A) by striking ‘‘2014’’ and inserting ‘‘2015’’, (c) EXTENSION OF MODIFICATION OF INDICA- an agreement under such title. and TORS UNDER THE EXTENDED BENEFIT PRO- TITLE IV—OTHER PROVISIONS (B) by striking ‘‘2013’’ and inserting ‘‘2014’’. GRAM.—Section 203 of the Federal-State Ex- SEC. 401. DISQUALIFICATION ON RECEIPT OF (c) EFFECTIVE DATE.—The amendments tended Unemployment Compensation Act of DISABILITY INSURANCE BENEFITS made by this section shall take effect as if 1970 (26 U.S.C. 3304 note) is amended— IN A MONTH FOR WHICH UNEM- included in section 1501 of the Patient Pro- (1) in subsection (d), by striking ‘‘Decem- PLOYMENT COMPENSATION IS RE- tection and Affordable Care Act. ber 31, 2013’’ and inserting ‘‘June 30, 2014’’; CEIVED. TITLE III—UNEMPLOYMENT PROVISIONS and (a) IN GENERAL.—Section 223(d)(4) of the (2) in subsection (f)(2), by striking ‘‘Decem- Social Security Act (42 U.S.C. 423(d)(4)) is SEC. 301. EXTENSION OF EMERGENCY UNEM- amended by adding at the end the following: PLOYMENT COMPENSATION PRO- ber 31, 2013’’ and inserting ‘‘June 30, 2014’’. ‘‘(C)(i) If for any month an individual is en- GRAM. (d) EFFECTIVE DATE.—The amendments titled to unemployment compensation, such (a) EXTENSION.—Section 4007 of the Supple- made by this section shall take effect as if mental Appropriations Act, 2008 (Public Law included in the enactment of the American individual shall be deemed to have engaged 110–252; 26 U.S.C. 3304 note) is amended to Taxpayer Relief Act of 2012 (Public Law 112– in substantial gainful activity for such read as follows: 240). month. ‘‘(ii) For purposes of clause (i), the term ‘‘APPLICABILITY SEC. 303. EXTENSION OF FUNDING FOR REEM- ‘unemployment compensation’ means— PLOYMENT SERVICES AND REEM- EC N ENERAL ‘‘S . 4007. (a) I G .—Except as pro- PLOYMENT AND ELIGIBILITY AS- ‘‘(I) ‘regular compensation’, ‘extended vided in subsection (b), an agreement en- SESSMENT ACTIVITIES. compensation’, and ‘additional compensa- tered into under this title shall apply to (a) IN GENERAL.—Section 4004(c)(2)(A) of tion’ (as such terms are defined by section weeks of unemployment— the Supplemental Appropriations Act, 2008 205 of the Federal-State Extended Unemploy- ‘‘(1) beginning after the date on which such (Public Law 110–252; 26 U.S.C. 3304 note) is ment Compensation Act (26 U.S.C. 3304 agreement is entered into; and amended by striking ‘‘through fiscal year note)); and ‘‘(2) ending on or before July 1, 2014. 2014’’ and inserting ‘‘through the second ‘‘(II) trade adjustment assistance under ‘‘(b) TRANSITION FOR AMOUNT REMAINING IN quarter of fiscal year 2015’’. title II of the Trade Act of 1974 (19 U.S.C. 2251 ACCOUNT.— (b) EFFECTIVE DATE.—The amendments et seq.).’’. ‘‘(1) IN GENERAL.—Subject to paragraphs (2) made by this section shall take effect as if (b) TRIAL WORK PERIOD.—Section 222(c) of and (3), in the case of an individual who has included in the enactment of the American the Social Security Act (42 U.S.C. 422(c)) is amounts remaining in an account estab- Taxpayer Relief Act of 2012 (Public Law 112– amended by adding at the end the following: lished under section 4002 as of the last day of 240). ‘‘(6)(A) For purposes of this subsection, an individual shall be deemed to have rendered the last week (as determined in accordance SEC. 304. ADDITIONAL EXTENDED UNEMPLOY- with the applicable State law) ending on or MENT BENEFITS UNDER THE RAIL- services in a month if the individual is enti- before July 1, 2014, emergency unemploy- ROAD UNEMPLOYMENT INSURANCE tled to unemployment compensation for such ment compensation shall continue to be pay- ACT. month. able to such individual from such amounts (a) EXTENSION.—Section 2(c)(2)(D)(iii) of ‘‘(B) For purposes of subparagraph (A), the for any week beginning after such last day the Railroad Unemployment Insurance Act term ‘unemployment compensation’ means— for which the individual meets the eligibility (45 U.S.C. 352(c)(2)(D)(iii)) is amended— ‘‘(i) ‘regular compensation’, ‘extended com- requirements of this title. (1) by striking ‘‘June 30, 2013’’ and insert- pensation’, and ‘additional compensation’ (as ‘‘(2) NO AUGMENTATION AFTER JULY 1, 2014.— ing ‘‘December 31, 2013’’; and such terms are defined by section 205 of the If the amount established in an individual’s (2) by striking ‘‘December 31, 2013’’ and in- Federal-State Extended Unemployment account under subsection (b)(1) is exhausted serting ‘‘June 30, 2014’’. Compensation Act (26 U.S.C. 3304 note)); and after July 1, 2014, then subsections (c), (d) (b) CLARIFICATION ON AUTHORITY TO USE ‘‘(ii) trade adjustment assistance under and (e) of section 4002 shall not apply and FUNDS.—Funds appropriated under either the title II of the Trade Act of 1974 (19 U.S.C. 2251 such account shall not be augmented under first or second sentence of clause (iv) of sec- et seq.).’’. such section, regardless of whether such in- tion 2(c)(2)(D) of the Railroad Unemploy- (c) DATA MATCHING.—The Commissioner of dividual’s State is in an extended benefit pe- ment Insurance Act shall be available to Social Security shall implement the amend- riod (as determined under paragraph (2) of cover the cost of additional extended unem- ments made by this section using appro- such subsection (c), (d), or (e) (as the case ployment benefits provided under such sec- priate electronic data. may be)). tion 2(c)(2)(D) by reason of the amendments (d) EFFECTIVE DATE.—The amendments ‘‘(3) TERMINATION.—No compensation under made by subsection (a) as well as to cover made by this section shall apply with respect this title shall be payable for any week be- the cost of such benefits provided under such to months after March 2014. ginning after September 30, 2014.’’. section 2(c)(2)(D), as in effect on the day be- (b) FUNDING.—Section 4004(e)(1) of the Sup- fore the date of enactment of this Act. SA 2626. Mr. SESSIONS submitted an plemental Appropriations Act, 2008 (Public (c) FUNDING FOR ADMINISTRATION.—Out of amendment intended to be proposed by Law 110–252; 26 U.S.C. 3304 note) is amended— any funds in the Treasury not otherwise ap- him to the bill S. 1845, to provide for

VerDate Mar 15 2010 03:09 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A08JA6.017 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE January 8, 2014 CONGRESSIONAL RECORD — SENATE S183 the extension of certain unemployment ‘‘(A) IN GENERAL.—Before the date set forth or referral by person or entity and in the benefits, and for other purposes; which in paragraph (1), the Secretary of Homeland case of imposition of a civil penalty under was ordered to lie on the table; as fol- Security shall require any employer or class paragraph (5) for a violation of subsection lows: of employers to participate in E-Verify, with (a)(1)(B) for hiring or recruitment or referral respect to all employees recruited, referred, by a person or entity, the penalty otherwise At the appropriate place, insert the fol- or hired by such employer if the Secretary imposed may be waived or reduced if the vio- lowing: has reasonable cause to believe that the em- lator establishes that the violator acted in SEC. ll. ACCOUNTABILITY THROUGH ELEC- ployer is or has been engaged in a material TRONIC VERIFICATION. good faith. violation of section 274A of the Immigration ‘‘(11) AUTHORITY TO DEBAR EMPLOYERS FOR (a) SHORT TITLE.—This section may be and Nationality Act (8 U.S.C. 1324a). CERTAIN VIOLATIONS.— cited as the ‘‘Accountability Through Elec- ‘‘(B) NOTIFICATION.—Not later than 14 days ‘‘(A) IN GENERAL.—If a person or entity is tronic Verification Act’’. before an employer or class of employers is determined by the Secretary of Homeland (b) PERMANENT REAUTHORIZATION.—Section required to begin participating in E-Verify Security to be a repeat violator of paragraph 401(b) of the Illegal Immigration Reform and pursuant to subparagraph (A), the Secretary (1)(A) or (2) of subsection (a), or is convicted Immigrant Responsibility Act of 1996 (divi- shall provide such employer or class of em- sion C of Public Law 104–208; 8 U.S.C. 1324a ployers with— of a crime under this section, such person or note) is amended by striking ‘‘Unless the ‘‘(i) written notification of such require- entity may be considered for debarment from Congress otherwise provides, the Secretary ment; and the receipt of Federal contracts, grants, or of Homeland Security shall terminate a pilot ‘‘(ii) appropriate training materials to fa- cooperative agreements in accordance with program on September 30, 2015.’’. cilitate compliance with such requirement.’’. the debarment standards and pursuant to the (c) MANDATORY USE OF E-VERIFY.—Section (d) CONSEQUENCES OF FAILURE TO PARTICI- debarment procedures set forth in the Fed- 402 of the Illegal Immigration Reform and PATE.— eral Acquisition Regulation. Immigrant Responsibility Act of 1996 (8 (1) IN GENERAL.—Section 402(e)(5) of the Il- ‘‘(B) DOES NOT HAVE CONTRACT, GRANT, U.S.C. 1324a note) is amended— legal Immigration Reform and Immigrant AGREEMENT.—If the Secretary of Homeland (1) in subsection (e)— Responsibility Act of 1996 (8 U.S.C. 1324a Security or the Attorney General wishes to (A) in paragraph (1)— note), as redesignated by subsection (c)(1)(B), have a person or entity considered for debar- (i) by amending subparagraph (A) to read is amended to read as follows: ment in accordance with this paragraph, and as follows: ‘‘(5) CONSEQUENCES OF FAILURE TO PARTICI- such an person or entity does not hold a Fed- ‘‘(A) EXECUTIVE DEPARTMENTS AND AGEN- PATE.—If a person or other entity that is re- eral contract, grant or cooperative agree- CIES.—Each department and agency of the quired to participate in E-Verify fails to ment, the Secretary or Attorney General Federal Government shall participate in E- comply with the requirements under this shall refer the matter to the Administrator Verify by complying with the terms and con- title with respect to an individual— of General Services to determine whether to ditions set forth in this section.’’; and ‘‘(A) such failure shall be treated as a vio- list the person or entity on the List of Par- (ii) in subparagraph (B), by striking ‘‘, that lation of section 274A(a)(1)(B) with respect to ties Excluded from Federal Procurement, conducts hiring in a State’’ and all that fol- such individual; and and if so, for what duration and under what lows and inserting ‘‘shall participate in E- ‘‘(B) a rebuttable presumption is created scope. Verify by complying with the terms and con- that the person or entity has violated sec- ‘‘(C) HAS CONTRACT, GRANT, AGREEMENT.—If ditions set forth in this section.’’; tion 274A(a)(1)(A).’’. the Secretary of Homeland Security or the (B) by redesignating paragraphs (2) and (3) (2) PENALTIES.—Section 274A of the Immi- Attorney General wishes to have a person or as paragraphs (4) and (5), respectively; and gration and Nationality Act (8 U.S.C. 1324a) (C) by inserting after paragraph (1) the fol- is amended— entity considered for debarment in accord- lowing: (A) in subsection (e)— ance with this paragraph, and such person or ‘‘(2) UNITED STATES CONTRACTORS.—Any (i) in paragraph (4)— entity holds a Federal contract, grant or co- person, employer, or other entity that enters (I) in subparagraph (A), in the matter pre- operative agreement, the Secretary or Attor- into a contract with the Federal Government ceding clause (i), by inserting ‘‘, subject to ney General shall advise all agencies or de- shall participate in E-Verify by complying paragraph (10),’’ after ‘‘in an amount’’; partments holding a contract, grant, or co- with the terms and conditions set forth in (II) in subparagraph (A)(i), by striking operative agreement with the person or enti- this section. ‘‘not less than $250 and not more than $2,000’’ ty of the Government’s interest in having ‘‘(3) DESIGNATION OF CRITICAL EMPLOYERS.— and inserting ‘‘not less than $2,500 and not the person or entity considered for debar- Not later than 7 days after the date of the more than $5,000’’; ment, and after soliciting and considering enactment of this paragraph, the Secretary (III) in subparagraph (A)(ii), by striking the views of all such agencies and depart- of Homeland Security shall— ‘‘not less than $2,000 and not more than ments, the Secretary or Attorney General ‘‘(A) conduct an assessment of employers $5,000’’ and inserting ‘‘not less than $5,000 may waive the operation of this paragraph or that are critical to the homeland security or and not more than $10,000’’; refer the matter to any appropriate lead national security needs of the United States; (IV) in subparagraph (A)(iii), by striking agency to determine whether to list the per- ‘‘(B) designate and publish a list of employ- ‘‘not less than $3,000 and not more than son or entity on the List of Parties Excluded ers and classes of employers that are deemed $10,000’’ and inserting ‘‘not less than $10,000 from Federal Procurement, and if so, for to be critical pursuant to the assessment and not more than $25,000’’; and what duration and under what scope. conducted under subparagraph (A); and (V) by amending subparagraph (B) to read ‘‘(D) REVIEW.—Any decision to debar a per- ‘‘(C) require that critical employers des- as follows: son or entity under in accordance with this ignated pursuant to subparagraph (B) par- ‘‘(B) may require the person or entity to paragraph shall be reviewable pursuant to ticipate in E-Verify by complying with the take such other remedial action as is appro- part 9.4 of the Federal Acquisition Regula- terms and conditions set forth in this section priate.’’; tion.’’; and not later than 30 days after the Secretary (ii) in paragraph (5)— (B) in subsection (f)— makes such designation.’’. (I) by inserting ‘‘, subject to paragraphs (i) by amending paragraph (1) to read as (2) by redesignating subsection (f) as sub- (10) through (12),’’ after ‘‘in an amount’’; follows: (II) by striking ‘‘$100’’ and inserting section (g); and ‘‘(1) CRIMINAL PENALTY.—Any person or en- (3) by inserting after subsection (e) the fol- ‘‘$1,000’’; tity which engages in a pattern or practice (III) by striking ‘‘$1,000’’ and inserting lowing: of violations of subsection (a)(1) or (2) shall ‘‘(f) MANDATORY PARTICIPATION IN E- ‘‘$25,000’’; be fined not more than $15,000 for each unau- VERIFY.— (IV) by striking ‘‘the size of the business of thorized alien with respect to which such a ‘‘(1) IN GENERAL.—Subject to paragraphs (2) the employer being charged, the good faith violation occurs, imprisoned for not less and (3), all employers in the United States of the employer’’ and inserting ‘‘the good than 1 year and not more than 10 years, or shall participate in E-Verify, with respect to faith of the employer being charged’’; and all employees recruited, referred, or hired by (V) by adding at the end the following: both, notwithstanding the provisions of any such employer on or after the date that is 1 ‘‘Failure by a person or entity to utilize the other Federal law relating to fine levels.’’; year after the date of the enactment of this employment eligibility verification system and subsection. as required by law, or providing information (ii) in paragraph (2), by striking ‘‘Attorney ‘‘(2) USE OF CONTRACT LABOR.—Any em- to the system that the person or entity General’’ each place it appears and inserting ployer who uses a contract, subcontract, or knows or reasonably believes to be false, ‘‘Secretary of Homeland Security’’. exchange to obtain the labor of an individual shall be treated as a violation of subsection (e) PREEMPTION; LIABILITY.—Section 402 of in the United States shall certify in such (a)(1)(A).’’; and the Illegal Immigration Reform and Immi- contract, subcontract, or exchange that the (iii) by adding at the end the following: grant Responsibility Act of 1996 (8 U.S.C. employer uses E-Verify. If such certification ‘‘(10) EXEMPTION FROM PENALTY.—In the 1324a note), as amended by this section, is is not included in a contract, subcontract, or case of imposition of a civil penalty under further amended by adding at the end the exchange, the employer shall be deemed to paragraph (4)(A) with respect to a violation have violated paragraph (1). of subsection (a)(1)(A) or (a)(2) for hiring or following: ‘‘(3) INTERIM MANDATORY PARTICIPATION.— continuation of employment or recruitment ‘‘(h) LIMITATION ON STATE AUTHORITY.—

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‘‘(1) PREEMPTION.—A State or local govern- a rebuttable presumption is created that the ‘‘(D) auditing documents and information ment may not prohibit a person or other en- employer has violated section 274A of the submitted by potential employees to em- tity from verifying the employment author- Immigration and Nationality Act (8 U.S.C. ployers, including authority to conduct ization of new hires or current employees 1324a).’’. interviews with employers and employees; through E-Verify. (2) INTERAGENCY NONCONFIRMATION RE- ‘‘(8) to confirm identity and work author- ‘‘(2) LIABILITY.—A person or other entity PORT.—Section 405 of the Illegal Immigration ization through verification of records main- that participates in E-Verify may not be Reform and Immigrant Responsibility Act of tained by the Secretary, other Federal de- held liable under any Federal, State, or local 1996 (8 U.S.C. 1324a note) is amended by add- partments, States, the Commonwealth of the law for any employment-related action ing at the end the following: Northern Mariana Islands, or an outlying taken with respect to the wrongful termi- ‘‘(c) INTERAGENCY NONCONFIRMATION RE- possession of the United States, as deter- nation of an individual in good faith reliance PORT.— mined necessary by the Secretary, includ- on information provided through E-Verify.’’. ‘‘(1) IN GENERAL.—The Director of U.S. ing— (f) EXPANDED USE OF E-VERIFY.—Section Citizenship and Immigration Services shall ‘‘(A) records maintained by the Social Se- 403(a)(3)(A) of the Illegal Immigration Re- submit a weekly report to the Assistant Sec- curity Administration; form and Immigrant Responsibility Act of retary of Immigration and Customs Enforce- ‘‘(B) birth and death records maintained by 1996 (8 U.S.C. 1324a note) is amended to read ment that includes, for each individual who vital statistics agencies of any State or as follows: receives final nonconfirmation through E- other jurisdiction in the United States; ‘‘(A) IN GENERAL.— Verify— ‘‘(C) passport and visa records (including ‘‘(i) BEFORE HIRING.—The person or other ‘‘(A) the name of such individual; photographs) maintained by the Department entity may verify the employment eligi- ‘‘(B) his or her Social Security number or of State; and bility of an individual through E-Verify be- alien file number; ‘‘(D) State driver’s license or identity card fore the individual is hired, recruited, or re- ‘‘(C) the name and contact information for information (including photographs) main- ferred if the individual consents to such his or her current employer; and tained by State department of motor vehi- verification. If an employer receives a ten- ‘‘(D) any other critical information that cles; tative nonconfirmation for an individual, the the Assistant Secretary determines to be ap- ‘‘(9) to electronically confirm the issuance employer shall comply with procedures pre- propriate. of the employment authorization or identity scribed by the Secretary, including— ‘‘(2) USE OF WEEKLY REPORT.—The Sec- document; and ‘‘(I) providing the individual employees retary of Homeland Security shall use infor- ‘‘(10) to display the digital photograph that with private, written notification of the find- mation provided under paragraph (1) to en- the issuer placed on the document so that ing and written referral instructions; force compliance of the United States immi- the employer can compare the photograph ‘‘(II) allowing the individual to contest the gration laws.’’. displayed to the photograph on the docu- finding; and (i) INFORMATION SHARING.—The Commis- ment presented by the employee or, in excep- ‘‘(III) not taking adverse action against sioner of Social Security, the Secretary of tional cases, if a photograph is not available the individual if the individual chooses to Homeland Security, and the Secretary of the from the issuer, to provide for a temporary contest the finding. Treasury shall jointly establish a program to alternative procedure, specified by the Sec- ‘‘(ii) AFTER EMPLOYMENT OFFER.—The per- share information among such agencies that retary, for confirming the authenticity of son or other entity shall verify the employ- may or could lead to the identification of un- the document.’’. ment eligibility of an individual through E- authorized aliens (as defined in section (l) IDENTITY THEFT.—Section 1028 of title Verify not later than 3 days after the date of 274A(h)(3) of the Immigration and Nation- 18, United States Code, is amended— the hiring, recruitment, or referral, as the ality Act), including any no-match letter (1) in subsection (a)(7), by striking ‘‘of an- case may be. and any information in the earnings sus- other person’’ and inserting ‘‘that is not his ‘‘(iii) EXISTING EMPLOYEES.—Not later than pense file. or her own’’; and 3 years after the date of the enactment of (j) FORM I–9 PROCESS.—Not later than 9 (2) in subsection (b)(3)— the Accountability Through Electronic months after date of the enactment of this (A) in subparagraph (B), by striking ‘‘or’’ Verification Act, the Secretary shall require Act, the Secretary of Homeland Security at the end; all employers to use E-Verify to verify the shall submit a report to Congress that con- (B) in subparagraph (C), by adding ‘‘or’’ at identity and employment eligibility of any tains recommendations for— the end; and individual who has not been previously (1) modifying and simplifying the process (C) by adding at the end the following: verified by the employer through E-Verify.’’. by which employers are required to complete ‘‘(D) to facilitate or assist in harboring or (g) REVERIFICATION.—Section 403(a) of the and retain a Form I–9 for each employee pur- hiring unauthorized workers in violation of Illegal Immigration Reform and Immigrant suant to section 274A of the Immigration and section 274, 274A, or 274C of the Immigration Responsibility Act of 1996 (8 U.S.C. 1324a Nationality Act (8 U.S.C. 1324a); and and Nationality Act (8 U.S.C. 1324, 1324a, and note) is amended by adding at the end the (2) eliminating the process described in 1324c).’’. following: paragraph (1). (m) SMALL BUSINESS DEMONSTRATION PRO- ‘‘(5) REVERIFICATION.—Each person or other (k) ALGORITHM.—Section 404(d) of the Ille- GRAM.—Section 403 of the Illegal Immigra- entity participating in E-Verify shall use the gal Immigration Reform and Immigrant Re- tion Reform and Immigrant Responsibility E-Verify confirmation system to reverify the sponsibility Act of 1996 (8 U.S.C. 1324a note) Act of 1996 (8 U.S.C. 1324a note) is amended— work authorization of any individual not is amended to read as follows: (1) by redesignating subsection (d) as sub- later than 3 days after the date on which ‘‘(d) DESIGN AND OPERATION OF SYSTEM.—E- section (e); and such individual’s employment authorization Verify shall be designed and operated— (2) by inserting after subsection (c) the fol- is scheduled to expire (as indicated by the ‘‘(1) to maximize its reliability and ease of lowing: Secretary or the documents provided to the use by employers; ‘‘(d) SMALL BUSINESS DEMONSTRATION PRO- employer pursuant to section 274A(b) of the ‘‘(2) to insulate and protect the privacy GRAM.—Not later than 9 months after the Immigration and Nationality Act (8 U.S.C. and security of the underlying information; date of the enactment of the Accountability 1324a(b))), in accordance with the procedures ‘‘(3) to maintain appropriate administra- Through Electronic Verification Act, the Di- set forth in this subsection and section 402.’’. tive, technical, and physical safeguards to rector of U.S. Citizenship and Immigration (h) HOLDING EMPLOYERS ACCOUNTABLE.— prevent unauthorized disclosure of personal Services shall establish a demonstration pro- (1) CONSEQUENCES OF NONCONFIRMATION.— information; gram that assists small businesses in rural Section 403(a)(4)(C) of the Illegal Immigra- ‘‘(4) to respond accurately to all inquiries areas or areas without internet capabilities tion Reform and Immigrant Responsibility made by employers on whether individuals to verify the employment eligibility of Act of 1996 (8 U.S.C. 1324a note) is amended are authorized to be employed; newly hired employees solely through the to read as follows: ‘‘(5) to register any times when E-Verify is use of publicly accessible internet termi- ‘‘(C) CONSEQUENCES OF NONCONFIRMATION.— unable to receive inquiries; nals.’’. ‘‘(i) TERMINATION AND NOTIFICATION.—If the ‘‘(6) to allow for auditing use of the system f person or other entity receives a final non- to detect fraud and identify theft; confirmation regarding an individual, the ‘‘(7) to preserve the security of the infor- AUTHORITY FOR COMMITTEES TO employer shall immediately— mation in all of the system by— MEET ‘‘(I) terminate the employment, recruit- ‘‘(A) developing and using algorithms to COMMITTEE ON HOMELAND SECURITY AND ment, or referral of the individual; and detect potential identity theft, such as mul- GOVERNMENTAL AFFAIRS ‘‘(II) submit to the Secretary any informa- tiple uses of the same identifying informa- Mr. MARKEY. Mr. President, I ask tion relating to the individual that the Sec- tion or documents; unanimous consent that the Com- retary determines would assist the Secretary ‘‘(B) developing and using algorithms to in enforcing or administering United States detect misuse of the system by employers mittee on Homeland Security and Gov- immigration laws. and employees; ernmental Affairs be authorized to ‘‘(ii) CONSEQUENCE OF CONTINUED EMPLOY- ‘‘(C) developing capabilities to detect meet during the session of the Senate MENT.—If the person or other entity con- anomalies in the use of the system that may on January 8, 2014, at 10 a.m. tinues to employ, recruit, or refer the indi- indicate potential fraud or misuse of the sys- The PRESIDING OFFICER. Without vidual after receiving final nonconfirmation, tem; and objection, it is so ordered.

VerDate Mar 15 2010 03:09 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\CR\FM\A08JA6.024 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE January 8, 2014 CONGRESSIONAL RECORD — SENATE S185 COMMITTEE ON THE JUDICIARY I think as most people know, though The PRESIDING OFFICER (Mr. Mr. MARKEY. Mr. President, I ask it bears reiterating, I oppose paying for BLUMENTHAL). Without objection, it is unanimous consent that the Com- a short-term extension of unemploy- so ordered. mittee on the Judiciary be authorized ment insurance benefits. The current The clerk will report the bill by title. to meet during the session of the Sen- level of long-term unemployment is an The bill clerk read as follows: ate, on January 8, 2014, at 10 a.m., in economic emergency, without any A bill (H.R. 667) to redesignate the Dryden room SD–226 of the Dirksen Senate Of- question, and this would be very unfair Flight Research Center as the Neil A. Arm- fice Building, to conduct a hearing en- to the people who are desperately in strong Flight Research Center and the West- titled ‘‘Nominations.’’ need of help, to say we are happy to ern Aeronautical Test Range as the Hugh L. The PRESIDING OFFICER. Without give you this money, but we are going Dryden Aeronautical Test Range. objection, it is so ordered. to take something else out of the econ- There being no objection, the Senate SUBCOMMITTEE ON FINANCIAL INSTITUTIONS omy to do that. We are not going to do proceeded to consider the bill. AND CONSUMER PROTECTION that. I think that would be wrong. Mr. REID. I further ask unanimous Mr. MARKEY. Mr. President, I ask Having said that, there are a number consent that the bill be read a third unanimous consent that the Com- of Senators who are having productive time and passed and the motion to re- mittee on Banking, Housing, and conversations about possible offsets, consider be considered made and laid Urban Affairs Subcommittee on Finan- one of whom is on the floor today, my upon the table, with no intervening ac- cial Institutions and Consumer Protec- friend, the Senator from Ohio. He is tion or debate. tion be authorized to meet during the someone who understands finances, as The PRESIDING OFFICER. Without session of the Senate on January 8, he was head of the Office of Manage- objection, it is so ordered. 2014, at 10 a.m., to conduct a hearing ment and Budget. So whenever we have The bill (H.R. 667) was ordered to a entitled ‘‘Examining the GAO Report him working on the numbers, we are third reading, was read the third time, on Government Support For Bank always dealing with someone who and passed. Holding Companies.’’ knows what they are talking about. I The PRESIDING OFFICER. Without don’t always agree with his conclu- f objection, it is so ordered. sions, but certainly he is a person f whom we all look to for guidance in AMENDING THE CONTROLLED PRIVILEGES OF THE FLOOR this area. SUBSTANCES ACT As I said here a few hours ago, the Mr. COONS. Mr. President, I ask Republicans feel this should be paid Mr. REID. I ask unanimous consent unanimous consent that the privilege for. Let’s find out how they feel it that the Judiciary Committee be dis- of the floor be granted to Julia should be paid for. Again, we on this charged from further consideration of Sferlazzo for the pendency of this Con- side don’t want to pay for a short-term S. 1171 and the Senate proceed to its gress. extension. If it is going to be paid for, immediate consideration. The PRESIDING OFFICER. Without we should figure out in years how to The PRESIDING OFFICER. Without objection, it is so ordered. pay for it. That would be much better objection, it is so ordered. Mr. HARKIN. Mr. President, I ask than this nickel-and-diming. We have The clerk will report the bill by title. unanimous consent that Gregory tried to do it for 3 months, paid for, but The bill clerk read as follows: Shanahan and Lemi Tilahun of my I would almost bet it will not get done. A bill (S. 1171) to amend the Controlled staff be granted floor privileges for the So we should, if we are going to have Substances Act to allow a veterinarian to duration of today’s proceedings. transport and dispense controlled substances The PRESIDING OFFICER. Without pay-fors, try to figure out how to do it for 1 year. in the usual course of veterinary practice objection, it is so ordered. outside of the registered location. Mr. REID. Mr. President, I ask unan- We should let the conversations go There being no objection, the Senate imous consent that the following staff on overnight. I have spoken to a num- proceeded to consider the bill. of the Finance Committee be granted ber of Republican Senators; and, of Mr. REID. I ask unanimous consent the privilege of the floor for the re- course, I want to assert every bit of in- that the bill be read a third time, mainder of this session: Harrison fluence, help, pressure, whatever you Covall, Caroline Frauman, and want to say, to try to get this done for passed, and the motion to reconsider be Maureen Downes. a number of reasons, not the least of considered made and laid upon the The PRESIDING OFFICER. Without which is that among a number of co- table. objection, it is so ordered. sponsors of this is the junior Senator The PRESIDING OFFICER. Without from Nevada. This is an example of bi- objection, it is so ordered. f partisanship and how it should work. The bill (S. 1171) was ordered to be NOTICE: REGISTRATION OF MASS We have one of the most liberal Mem- engrossed for a third reading, was read MAILINGS bers of the Senate and one of the most the third time, and passed, as follows: The filing date for the 2013 fourth conservative Members of the Senate S. 1171 quarter Mass Mailing report is Mon- who have introduced this legislation, Be it enacted by the Senate and House of day, January 27, 2014. If your office did and that is what we are working on Representatives of the United States of America no mass mailings during this period, now. in Congress assembled, please submit a form that states So I repeat, I hope the conversations SECTION 1. TRANSPORTING AND DISPENSING ‘‘none.’’ continue overnight and we will see CONTROLLED SUBSTANCES IN THE Mass mailing registrations, or nega- where we are in the morning. USUAL COURSE OF VETERINARY PRACTICE. tive reports, should be submitted to I do have a few other things here, and I will be as fast as possible. Section 302(e) of the Controlled Substances the Senate Office of Public Records, 232 Act (21 U.S.C. 822(e)) is amended— Hart Building, Washington, D.C. 20510– f (1) by striking ‘‘(e)’’ and inserting ‘‘(e)(1)’’; 7116. TO REDESIGNATE THE DRYDEN and The Senate Office of Public Records FLIGHT RESEARCH CENTER AS (2) by adding at the end the following: will be open from 9:00 a.m. to 6:00 p.m. THE NEIL A. ARMSTRONG ‘‘(2) Notwithstanding paragraph (1), a reg- on the filing date to accept these fil- istrant who is a veterinarian shall not be re- FLIGHT RESEARCH CENTER AND quired to have a separate registration in ings. For further information, please THE WESTERN AERONAUTICAL contact the Senate Office of Public order to transport and dispense controlled TEST RANGE AS THE HUGH L. Records at (202) 224–0322. substances in the usual course of veterinary DRYDEN AERONAUTICAL TEST practice at a site other than the registrant’s The PRESIDING OFFICER. The ma- RANGE registered principal place of business or pro- jority leader. fessional practice, so long as the site of f Mr. REID. Mr. President, I ask unan- transporting and dispensing is located in a imous consent that the Commerce UNEMPLOYMENT INSURANCE State where the veterinarian is licensed to Committee be discharged from further practice veterinary medicine and is not a Mr. REID. Mr. President, there will work on H.R. 667, and the Senate pro- principal place of business or professional be no rollcall votes tonight. ceed to its immediate consideration. practice.’’.

VerDate Mar 15 2010 03:09 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\CR\FM\A08JA6.019 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE S186 CONGRESSIONAL RECORD — SENATE January 8, 2014 ORDERS FOR THURSDAY, gard to the retirement provisions in I voted, along with a handful of other JANUARY 9, 2014 the budget as it relates to our vet- Republicans, to proceed to this because Mr. REID. Mr. President, I ask unan- erans. The military retirement issue is I believe we ought to have a debate imous consent that when the Senate one I had great concerns about, and about, one, whether it should be paid completes its business today, it ad- when I voted for the budget, it was my for or not. I think it should be, and I journ until 10 a.m. tomorrow, January understanding that would be resolved. won’t be able to support it unless it is 9, 2014; that following the prayer and The Senator from Connecticut has a paid for; two, over the 3-month pe- pledge, the morning hour be deemed proposal he is supporting tonight from riod—which the extension is, just a 3- expired, the Journal of proceedings be our colleague from New Hampshire. I month period—how can we improve the approved to date, and the time for the am supporting a proposal as well from unemployment insurance program so it two leaders be reserved for their use another colleague from New Hamp- really works to get people employed? later in the day; that following any shire, and how we pay for this is the As we know, the problem now is we leader remarks, the Senate proceed to subject of some debate, but we need to have the highest number of people who a period of morning business until 12 resolve this. are long-term unemployed we have noon, with Senators permitted to I think it is unfair for a couple of ever had in this country. It is a his- speak therein for up to 10 minutes reasons; one is it singles out our mili- toric rate, and it is a very troubling, each, the time equally divided between tary at a time when there are so many sad situation, where people are over 27 the two leaders or their designees, with other ways in which we need to address weeks at historic levels. So we are not the Republicans controlling the first 30 our overspending in this country. I doing what we should be doing to con- minutes and the majority controlling think it is not just for us to simply sin- nect those people who are unemployed the final 30 minutes; and that at 12 gle out military retirees. I believe that to the jobs out there, clearly, by defini- noon all postcloture time be considered is not consistent with the promises we tion with so many people long-term un- expired. made to them, and I believe it is in ef- employed. Let’s improve this system. The PRESIDING OFFICER. Without fect changing the rules midstream. Let’s provide people with the job skills objection, it is so ordered. Second, there is a commission look- and the tools they need to access the f ing at this. The commission is looking jobs available. at, in a comprehensive way, retire- In my own State of Ohio, we are told PROGRAM ment, benefits, health care. That com- we have about 100,000 jobs, many in ad- Mr. REID. Tomorrow we hope to mission is both comprehensive and vanced manufacturing, bioscience, and make progress on the unemployment transparent and expected to report information technology, sectors of our insurance extension. Senators will be later this year. economy where there is requirement notified when any votes are scheduled. So in my view, this certainly was not for skills those who are unemployed do f appropriate to be in the budget. It is not have. Long-term unemployment in- ORDER FOR ADJOURNMENT about $6 billion. We certainly should be surance isn’t providing them with the able to find a pay-for in a budget of training and skills opportunities. Mr. REID. If there is no further busi- over $3 trillion. Again, I commend I think we ought to be able as a body ness to come before the Senate, I ask those who are working on this. to come up with reforms, working with unanimous consent that it adjourn I have cosponsored a particular ap- the administration. The President has under the previous order, following the proach which Senator AYOTTE of New indicated his interest in doing that. remarks of my friend, the Senator from Hampshire is proposing that is an anti- That is the reason for the 3-month ex- Ohio, Mr. PORTMAN. fraud provision for the child tax credit. tension. But I certainly think we The PRESIDING OFFICER. Without I know there is some difference on should pay for the 3-month extension. objection, it is so ordered. The PRESIDING OFFICER. The Sen- that, but I think all of us want to be The argument was made tonight that ator from Ohio is recognized. sure the child tax credit is being prop- it is an emergency. The same Demo- erly administered, and those who do crats who are saying that are saying f not qualify for it or are ineligible for it the economy is improving. In any case, ARMSTRONG FLIGHT CENTER should not access it. it violates the budget which was Mr. PORTMAN. Mr. President, I ap- At a time of record debt and deficits, passed. We passed a budget just a few plaud the majority leader for his work we have to be sure there is not fraud, weeks ago. It was quite contentious on the Neil Armstrong Flight Research abuse, and waste in our government, here on the floor. The budget provided, Center. This is something DIANNE FEIN- and that is one example. So I hope we for the first time in 4 years, a budget STEIN has been very involved with and can find a way to come together on for the House and for the Senate to JAY ROCKEFELLER supported, and it is that and deal with that issue. work against so we can start the appro- an appropriate way to pay tribute to UNEMPLOYMENT INSURANCE priations process again. I supported Neil Armstrong, who was a constituent Finally, the majority leader talked a that. It had no tax increases. It actu- of mine and a dear friend. I spoke to little about the legislation currently ally had net deficit reduction in it— his family about this. They believe it is before this body to extend unemploy- barely but some. It didn’t do every- an appropriate way to pay tribute to ment insurance. I wish to talk for a thing, but it set those budget levels so him as well. moment about where we are on that we now have caps we can work against He was a true hero, not just because bill and say I was encouraged by the so we can begin the appropriations of what he did as the first man to walk words of the majority leader. It sounds process, which involves oversight, on the moon, but also the way he led as if he is interested in looking at var- which has not been done appropriately his life subsequently. He was a humble ious ways we could pay for it. He indi- for 4 years now. It also involves hero to me and to so many others. I am cated he is not in support of paying for prioritizing spending which has not delighted that through the action we it but would be willing to listen to been done. just heard on the floor here a moment some of our ideas. Let me say a couple Frankly, the agencies and depart- ago with the majority leader, we have things about it. ments of the Federal Government have now passed legislation which will go to One, this is the emergency unemploy- been kind of on their own with these the President for his signature. The ment insurance on top of the roughly so-called continuing resolutions be- Dryden Flight Research Center in Cali- 26 weeks currently provided by States cause there hasn’t been the constitu- fornia will now be renamed the Neil A. such as my State of Ohio. So it is addi- tional requirement that Congress ap- Armstrong Flight Research Center at tional emergency unemployment insur- propriate. That is our constitutional the Dryden Aeronautical Test Range. ance on top of that. duty, the power of the purse, which So that is good news tonight. The Sen- The unemployment insurance ended simply hasn’t happened. ate got something done. at year-end, and the question is: Do we I think the budget is important. But THE BUDGET extend it? How do we extend it? How do by setting those caps, we made a state- I also wish to comment on what the we deal with the fact it adds to the def- ment to the American people: We are Presiding Officer said earlier with re- icit? going to stick to these budget caps,

VerDate Mar 15 2010 03:09 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.067 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE January 8, 2014 CONGRESSIONAL RECORD — SENATE S187 both on the discretionary side—which Clearly those two programs are mu- month is tie worker retraining with is the smaller part of the budget we ap- tually exclusive, which is why the unemployment insurance. Senator propriate every year—and also on the President’s budget includes this prohi- BENNET and I have something we called mandatory side. Those caps are vio- bition on what is called concurrent re- the Career Act that we introduced over lated by unemployment insurance ceipts—in other words, getting both the last few years, and this Career Act being extended without paying for it SSDI and unemployment insurance. helps to improve the federal worker re- subject to a point of order on the floor I add to that Trade Adjustment As- training program, which I believe of the House and the Senate. Frankly, sistance, another program where, as a should be part of this. Specifically, we I think if that point of order were worker, if you lose your job due to have a couple of provisions in that leg- raised—which I hope it would be, be- trade and some external factors, you islation that I have introduced as an cause we don’t want to break these can go through a retraining program. amendment here to be able to help in caps—I think it would be very tough to But you are a worker by definition. terms of the unemployment insurance get the 60 votes. The same principle applies to both. issue. We need to create an environ- I understand the majority leader dis- That combination pays for most of the ment where people don’t need unem- agrees with me, and I respect his opin- extension of unemployment insurance. ployment in the first place. This ion. But I do think that, because it vio- I see my colleague from Maine is on amendment will reform local one-stop lates the budget and because we have the floor this evening. He, along with centers for worker retraining that help historic levels of debt and we have a one of his Democratic colleagues and connect the unemployed with retrain- deficit this year which is forecast to be one of his Republican colleagues, has ing services by requiring them to give over $600 billion, we ought to deal with made a similar proposal in legislation priority consideration to training serv- this in a fiscally responsible way and and also filed an amendment along ices that provide workers with in-de- find the money to pay for the exten- those lines to say: Let’s clean up this mand industry-recognized credentials. sion. It is about $6 billion, about the issue. Let’s be sure we do not have dou- We are finding in Ohio and other States same as dealing with the military re- ble dipping, that we do establish clear- that those credentials are what are tirement issue. ly that if you are qualified as a non- really needed to get a job often, and Again, certainly we can find $6 bil- worker in one case, you cannot qualify that is not being prioritized now in our lion in a budget of well over $3 trillion. as a worker in another case. I do think Federal worker retraining program. In fact, a number of us have come up that is a responsible way to pay for By the way, the Federal Government with specific proposals, and I have in- this that would not run afoul of any- spends about $15 billion a year on these troduced a couple of amendments on thing the majority leader said he was programs, so we need to make sure this today. concerned about, although, again, I do that money is well spent, and again, by I spoke about one of these amend- not have the concerns he does about definition, it is not working as it ments earlier today, but I would like to the child tax credit issue. I think it is should. We have so many who are not go into a little more detail because a question of missed payments. But I able to find jobs because of this skills there were some comments made on want to make clear we do have this gap. There are 100,000 jobs open in Ohio the floor earlier that Republicans are proposal out there. right now and about 400,000 people are only offering two alternatives. One is a On top of that, to be sure there is ad- out of work, and somehow we cannot one-year delay in ObamaCare—which I ditional pay-for to pay for the entire connect those folks with the jobs, part- support but is opposed by the other amount of the extension of unemploy- ly because they do not have the skills. side—and the second is the proposal on ment insurance, we also add an unem- Our proposal also includes an innova- the child tax credit, which I talked ployment insurance integrity program, tive approach, endorsed by the Presi- about earlier and which focuses on cur- straight out of the President’s budget. dent in his 2014 budget, that gives rent mispayments of the child tax cred- This is to ensure through the Labor De- States the flexibility to spend some of it. Again, I think that is a good pay- partment that there are not improper the WIA—Workforce Investment Act— for. I support that. I am actually on payments on the existing unemploy- funds on job training programs that the amendment which provides for ment insurance program. This will en- use the pay-for-success model. What that, but it also has enough funds in it able us to save money in the long run does that mean? The pay-for-success to deal with the military retirement and help get people into jobs, which I model allows providers who right now issue we talked about. So it could ex- think should be everybody’s priority. are getting funding through this pro- tend the unemployment insurance pro- These are both proposals that are in gram to be reimbursed only if they gram for 3 months, plus deal with the the process here, that had been filed. generate results, which seems pretty military retirement program and have We are hoping that they will be pend- basic. You should be looking at out- a little left over for deficit reduction. ing tomorrow and that we can have a comes, but that is not in the system But I want to make it clear to those debate on these and other amendments. now, so it really is a pay-for-success or on the other side of the aisle who said I believe there are several other pay-for-performance program. It will that is all Republicans have that we do amendments, including the one from ensure that these programs are ac- have alternatives. I specifically filed my colleague from Maine, that will countable and that they actually amendments which I hope will be made say: OK, we will extend the unemploy- produce measurable results for work- in order that say: Let’s look at the ment insurance program for 3 months ers. Not only will this save money, but President’s own budget and pull out to come up with a better unemploy- it will also help get Americans back to some pay-fors which are within the ment insurance program, to improve it work one job at a time. budget, and let’s use those. This cer- so it does connect people to the jobs These seems to me to be really re- tainly should be bipartisan. that are out there and provide the sponsible proposals that I hope we will Specifically, I have two provisions in kinds of skills training that is needed take up in the Senate and be able to my amendment to pay for the exten- and gives people the tools to be able to move forward with something that sion. One is to remove a current loop- access those jobs. But we are going to pays for this unemployment insurance hole in the system which allows dou- pay for it at a time of historic debts extension but also begins the process of ble-dipping between Social Security and these large deficits and at a time improving unemployment insurance so disability and unemployment insur- when it violates the budget agreement that it works better for that historic ance. That is in the President’s budget. otherwise that we just passed. number of long-term unemployed. It is in there because it doesn’t make I am hopeful that we can make Finally, this is a great opportunity sense to have folks who are on Social progress on this over the next couple of for us to do what actually helps grow Security disability which is designed days and that we will be in a position this economy because ultimately that for people who are unable to work, to to move forward on dealing with unem- is the problem, isn’t it? Unemployment also be drawing unemployment insur- ployment insurance improving that. insurance is taking a dollar from one ance which is for people who are out of I also filed another amendment that pocket and giving it to someone else. work and looking for a job. That is a relates to this because part of what we That is needed sometimes. During high requirement. ought to do, in my view, during this unemployment, as we have now, and

VerDate Mar 15 2010 03:09 Jan 09, 2014 Jkt 039060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\CR\FM\G08JA6.074 S08JAPT1 tjames on DSK6SPTVN1PROD with SENATE S188 CONGRESSIONAL RECORD — SENATE January 8, 2014 long-term unemployment being high, It would also broaden the scope of proach these issues to free up the pri- something is needed in terms of unem- the unfunded mandates act to include vate sector so they can do what they do ployment insurance. I think most of us rules issued by independent agencies. best, which is to create more jobs and agree with that. But ultimately that is Right now, independent agencies are opportunity. not the solution. The solution is to cre- not covered by the cost-benefit anal- Again, I was very pleased to hear the ate more economic growth and there- ysis because, by definition, they are Senate majority leader express a will- fore more jobs so people will not need independent from the Office of Manage- ingness to include reasonable amend- to rely on unemployment insurance. ment and Budget and from the analysis ments and offsets to the cost of this I am hopeful we can also have discus- that is done. Some independent agen- legislation. I do hope he will work with sions about some of those issues. We cies do an analysis; some do not. They us to ensure we can move forward in a are not going to reform the Tax Code use different rules. This would require way that does take on some of these here in the next couple of days, but we all agencies, whether it is an executive issues of waste, fraud, and abuse in the ought to talk about issues like that branch agency or an independent agen- Federal Government. We want to make that give the economy a shot in the cy, to live under these same rules of sure there is no double dipping, and arm. cost-benefit analysis. That makes a lot make sure there are not concurrent re- One thing I have introduced along of sense. ceipts with disability plus unemploy- those lines is an amendment to The President has proposed this him- ment insurance, and TAA. We want to strengthen what is called the Unfunded self, not in legislative form but execu- ensure that if you are working, you are Mandates Reform Act. This is to help tive action. We need to codify what the getting the benefits you are eligible with the regulations out there that are President talks about. Frankly, he can- for, and if you are not working, you unfortunately causing more and more not do it by executive agency because, can get those benefits but not both. burdens to job creators, making it again, these are independent agencies, These are just sensible provisions and, harder to create jobs. independent of the White House, so our again, reflective of what is in the idea is to bring them into the same We know the cost of regulations is President’s own budget. cost-benefit analysis to make sure they going up. In 2012—the last year for If we can do that and pay for this for are adopting the least burdensome which we have numbers—the Obama 3 months, we can then go to work as rules possible so they are not affecting administration regulations cost in 2012 Republicans, Democrats, and Independ- our economy in negative ways and we alone was equal to the costs in the first ents alike—because there is an Inde- get people back to work. term of the Bush administration and Finally, we did require agencies to pendent on the floor tonight—to re- the Clinton administration combined— look at what the options are, even solve not just whether we extend un- more and more regulations, more and after the cost-benefit analysis is done, employment but this deeper issue of more costs, about 4,000 regulations a to determine the least burdensome way how to have the unemployment pro- year. We have to be sure we have a to achieve the same objective. If you gram work to get people into jobs that process in place to pare down the regu- have the same rule being put in place, are available out there. Again, record lations and make sure they are based you would be required to say how you levels of long-term unemployment on a real analysis of the cost and the get from point A to point B in the least mean we have a real problem. It is not benefits. burdensome way. With so many Ameri- working. I was an author of the Unfunded Man- cans out of work and so many who are Second, how do we grow this under- dates Reform Act of 1995 back when I looking for jobs who are under- lying economy? How do we get the jobs was on the House side, and this par- employed, I think it is time for us to back through economic growth and ticular amendment offered today im- look at everything. Regulatory reform through creating more opportunity for proves that bill. Originally, that was would certainly be one, health care everyone? How do we get middle-class an effort to prevent Congress and the costs is another, tax reform, and look- wages and benefits back up so we can Federal regulators from blindly impos- ing at our trade policy so we can be enable every American to have a shot ing economic burdens on the private sure to expand exports. There are lots at the American dream by giving peo- sector without going through these of things to do, but I think on this reg- ple the equal opportunity they deserve? costs and benefits. I think most people ulatory front, this is one area where we I thank the Presiding Officer for his would acknowledge that it has been a have a lot of bipartisan census and we indulgence and staying late tonight, success, but with today’s regulatory might be able to move forward. and I yield the floor. environment, we need to upgrade and I know we are debating the extension modernize it. of unemployment benefits today, and f This amendment would require agen- not all these other issues, but they are cies to assess the effect of new regula- all part of it. We have to make sure we ADJOURNMENT UNTIL 10 A.M. tions on job creation, which is not in are creating an environment for suc- TOMORROW the current act, so it would add this re- cess, that we are creating the oppor- The PRESIDING OFFICER. Under quirement. Let’s look at how this af- tunity for job creators to invest, take a the previous order, the Senate stands fects creating jobs. That seems like a risk, and to begin to take the money adjourned until 10 a.m. on Thursday, commonsense idea. And require those off the sidelines in this economy so January 9, 2014. agencies to consider alternatives to the they can put it to work. That will re- Thereupon, the Senate, at 6:35 p.m., kinds of regulations being proposed quire us to make some changes here in adjourned until Thursday, January 9, that might lessen that effect on jobs. Washington in terms of the way we ap- 2014, at 10 a.m.

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